Land Severance

What is Land Severance?

A land severance, also referred to as a consent, is the authorized separation of a piece of land to form two new properties. Consent to sever is required if a portion of land is to be sold, mortgaged, charged or is to form part of an agreement lasting more than 21 years. In addition to the division of land, consents include the registration of rights-of-way, easements and any changes to existing property boundaries.

Land severance approval is required to ensure that:

• consents are considered within an established community planning framework,
• new lots and new land uses do not conflict with the overall planning goals and policies of existing communities, and
• consideration is given to the effect of the division of land on the site, on the neighbours, and on the community as a whole.

Evaluation of a Land Severance application

Approval of a land severance is required by the Planning Act. The authority to approve severances has been granted to the Region of Durham but delegated to the Durham Region Land Division Committee. In reviewing land severance applications, the Land Division Committee and commenting agencies have regard for the merits of the application relative to the health, safety, convenience and welfare of the present and future inhabitants of the community and such other matters as:

• effects of the proposal on matters of provincial interest,
• conformity with official plans and compatibility with adjacent land uses,
• 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, and sewage disposal, and
• protection from potential flooding.

What is the process for a Land Severance application?

What is the process for a Land Severance application?

Contact:

Planning Services

Regional Planning Department