Is there an official plan for your area?
The County of Lanark does not have an official plan. However, each of the eight local municipalities in the County has an approved official plan with specific policies and requirements for land severance. Official plans are local land use planning documents adopted by a local municipality or planning board and approved by the province. They reflect provincial and local planning issues and, among other things, establish policies for lot creation.
Your proposal must conform to the requirements of the official plan and be consistent with the Provincial Policy Statement under section 3 of the Planning Act.
Is there a zoning order or zoning by-law for your area?
Each of the County's eight local municipalitieshas zoning by-laws setting out specific requirements for new development (eg. minimum lot size, frontage, acceptable access, etc.). Your proposal must conform to any zoning controls.
What is a consent (land severance)?
A land severance is the authorized separation of a piece of land to form two new adjoining properties. This is commonly known as a consent. It is required if you want to sell, mortgage, charge or enter into any agreement for (at least 21 years) a portion of your land. If the two parts are split already, by a road or railway for example, consent is not needed.
If several severances are intended in the same area, a plan of subdivision may be more appropriate. The Land Division Committee will decide whether a consent is the best approach or if a plan of subdivision is necessary for the proper and orderly development of the municipality.
What is the process for a severance application?
Before you apply for a land severance, you should consult with municipal staff in your local municipality and with the County Planning Approvals Department. They will be able to tell you how to apply, what supporting material you must submit (e.g. sketches, plans), if there are any special land severance requirements set out in the official plan and what other permits and approvals (e.g. a septic tank permit) may be required.
When applying for a land severance, you are required to pay a fee(s) for processing the application. As an applicant, you are required to fill out a consent application form provided by County Planning Approvals Department.
The application form contains both the information which is prescribed by provincial regulation as well as additional information which the Land Division Committee requires. The more information provided, the less likely delays will occur in the review.
If you do not provide all the information prescribed by provincial regulation, the Land Division Committee may refuse to accept or to further consider your application. Also, the 90-day time frame for making a decision does not begin until all the prescribed information is received. You are encouraged to contact the Planning Approvals Department if you need help in assessing what information is required.
The Land Division Committee must give notice of application before a decision is made. Notice of application is given at least 14 days in advance of a decision by the Committee, by posting a notice on the subject lands and by mail. Any person or public body may submit his or her views to the Land Division Committee. The Land Division Committee may consult with agencies, boards, authorities or commissions before making a decision.
When the Land Division Committee has decided on your application, it is required to send a notice of decision approving or refusing the application within 15 days of the decision being made, to any person or public body requesting to be notified. When a notice of decision is given, a 20-day appeal period follows.
How is the severance application evaluated?
In considering each application for land severance, the Land Division Committee evaluates the merits of each proposal against criteria such as:
- conformity with the official plan and compatibility with adjacent uses of land
- compliance with local zoning by-laws
- suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created
- adequacy of vehicular access, water supply, sewage disposal
- the need to ensure protection from potential flooding
The decisions of the Land Division Committee must be consistent with the Provincial Policy Statement. The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The "shall be consistent with" rule means that the Land Division Committee is obliged to apply the relevant policies of the PPS when carrying out its planning responsibility.
What about conditions of severance approval?
A severance approval may have certain conditions attached to it including requirements for road widenings, parkland dedication, or a rezoning (or minor variance) to allow a new land use. In addition, the property owner may be required to enter into an agreement with the municipality to provide future services or facilities. Severance conditions must be met within one year.
When all the conditions have been met by the applicant, a certificate is issued by the authority, and the severance goes into effect.
If the transaction originally applied for - sale of property, for example - is not carried out within two years of the date of the certificate, the severance is considered lapsed. An earlier lapsing date can be specified by the consent granting-authority at the time of the severance decision.
What is a subdivision?
When you divide a piece of land into two or more parcels in order to sell one or more, you are subdividing property, and the provisions of the Planning Act come into play.
To subdivide land, you need approval of a plan of subdivision from the Council of the County of Lanark. Subdivision approval ensures that:
- the land is suitable for its proposed new use
- the proposal conforms to the official plan in your community, as well as to provincial legislation and policies
- you, your neighbours and your community are protected from developments which are inappropriate or may put an undue strain on community facilities, services or finances
Problems can result when large tracts of land are split into building lots without the benefit of a formal approval process. People have found out, usually too late, that the lots they have purchased are not on a registered plan. It may be that the water supply is unusable or the access road is not plowed or maintained. Other purchasers have found out that the ownership or title to their property has been in doubt, making it difficult to sell.
If your proposal involves creating only a lot or two, you may seek approval for a consent (land severance) instead.
What is the process for subdividing?
If you are thinking about subdividing your property, discuss your proposal first with local municipal staff. They can tell you what information you will need to provide and whether the local official plan and/or zoning by-law will have to be amended before your subdivision can be allowed.
Subdivision applications are made to the Council of the County of Lanark. As an applicant, you are required to fill out a subdivision application form provided by the County Planning Approvals Department.
The subdivision application form contains both the information which is prescribed by provincial regulation as well as other additional information which the County requires about the draft plan of subdivision. The more information provided, the less likely delays will occur in the review.
You should be aware that if you do not provide all the information prescribed by provincial regulation, the County may refuse to accept or to further consider your application and the 180-day time frame for making a decision does not begin until all the prescribed information is received. You are encouraged to contact the Planning Approvals Department if you need help in assessing what information is required.
The County will request the local municipality to give notice of the subdivision application and hold the required public meeting before a decision is made. Notice of the public meeting is given at least 14 days in advance, usually through local newspapers or by mail. Anyone present at the meeting has a right to speak about the proposal.
The County will also consult with agencies, boards, authorities or commissions before making a decision.
Click on the links below for information about land use planning:
Are condominiums a form of subdivision?
Yes. Condominiums are a form of property ownership in which title to a unit, such as an individual apartment in a high-rise building, is held by an individual together with a share of the rest of the property, which is common to all of the owners. Types of condominiums include:
- Standard
- Common elements
- Phased
- Vacant land
- Leasehold
Plans of condominium must be approved by County Council. Applications for draft plans of condominium are not subject to the requirements of giving notice of application and holding a public meeting. However, the County is still required to give a notice of decision and the 20-day appeal period following the giving of the notice of decision applies.
Condominium conversions in a number of municipalities are governed by official plan policies dealing with the local rental vacancy rate, as well as other matters.
Click on the links below for information about condominiums: