Committee of Adjustment

Consents in Oshawa

Consent, also known as land division or land severance, is the division of land to create new parcels of land.

Land division may include:

• the creation of new building lots
• boundary adjustments
• lot additions
• registration of easements

If more than three new lots are proposed from one parcel of land, a Plan of Subdivision application is generally required.

For further information see the Ontario guide to land severances (consents).

The Committee of Adjustment is delegated the responsibility to consider consent applications and grant consent.  City staff review consent applications using the Oshawa Official Plan, Zoning By-law 60-94 and other City standards, and consult with the Region of Durham, Central Lake Ontario Conservation Authority and other agencies.

In some cases, severances can be created through an application to Remove Part Lot Control. However, this type of application can only be used in some circumstances and only when the lands are within a registered plan of subdivision.

Minor Variance

A variance is a minor exception to the Zoning By-law for a specific property. The C. of A. may approve the variance if satisfied that the variance meets four tests. It must maintain the general intent of the Official Plan and the Zoning By-law. The proposed development must be minor and must be desirable for the appropriate use or development of land.

An example of a minor variance could involve a homeowner who wants to build a house. The homeowner wants the house to be 0.9 metres from the interior side lot line. In the Zoning By-law, the minimum interior side yard depth is 1.2 metres. To be able to build the house 0.9 metres from the side lot line, the homeowner needs C. of A. approval.

Larger changes that are beyond the scope of the C. of A. must go through the Zoning By-law amendment process.

View the calendar for Committee of Adjustment meetings.

Note: Notwithstanding the table below, the City may limit the number of applications on a given agenda to 10 applications based on a first-come first-served basis.

The Planning Act provides that decisions of the Committee of Adjustment on applications under Sections 45 or 53 of the Planning Act can be appealed by the municipality, a specified person, any public body, the applicant or the Minister of Municipal Affairs and Housing. Appeals are filed with the municipality but are sent to the Ontario Land Tribunal for administration. Below is a list of applications appealed to the Ontario Land Tribunal since June 1, 2023 and a link to additional information on the Ontario Land Tribunal’s website. To search for previous decisions, please visit the Ontario Land Tribunal’s Decisions webpage. To search the status of other cases, please visit the Ontario Land Tribunal’s Case Status webpage.