Committee of Adjustment Process

You might need consent for several reasons, including: 

• Splitting land for sale
• Registering or removing a mortgage on part of a property 
• Registering a lease lasting 21 years or more
• Establishing easements for rights-of-way
• Adjusting the boundaries of existing parcels to make them bigger or smaller

If you want to split your property for selling it, getting a mortgage, or leasing it for more than 21 years, you need to ask for permission. This permission process is often called "consent to sever”. 

Before applying for a Minor Variance or Consent, applicants must apply for a pre-application and meet with Planning Services staff to review application details. 

During pre-application meetings, you will meet with City staff who will identify necessary approvals, supporting studies, drawings, and other submission requirements. We hold pre-application meetings virtually or in person at 1211 John Counter Boulevard. 

The assigned planner will confirm requirements and fees in the Pre-Application Report provided after the meeting. 

You are required to pay application fees for each Minor Variance and Consent application along with your application submission. If significant changes are made to the application during processing, and it is required to be re-evaluated by technical staff, then additional fees may apply. 

We send Minor Variance and Consent applications to different City departments and outside organizations for review. This may include Building Services, Engineering Services, Transportation Services, and Utilities Kingston. If your proposal is near wetlands, watercourses or environmentally sensitive lands, we may also send it to the Cataraqui Region Conservation Authority for their input.

Before the public meeting, we will send a notice to property owners within 60 metres of the property for which the Minor Variance or Consent is proposed. This notice includes details about the application and the date and time of the Committee of Adjustment meeting. The public meeting notice period is as follows: 

• 14 days before the meeting for Consent applications
• 10 days before the meeting for Minor Variance applications

We will also provide signs to you to post on your property. Failure to post the sign may result in delays in your application process or the cancellation of scheduled public meetings. 

The committee members and our planning staff will typically conduct site inspections. 

The Committee meets monthly at City Hall. During the meeting, you or your agent present the proposed application, staff may offer information and Committee members may ask questions. The public can submit comments in writing or attend the meeting and provide oral comments.  

At the meeting, the Committee receives a recommendation report from staff. If the report recommends approval of the application, any conditions to the approval will be included. 

The decisions are announced at the meeting and sent in writing to the applicant and to anyone who requested the decision within 10 days.  

The decisions made by the Committee of Adjustment can only be challenged by the applicant, the Minister, or certain people or groups as noted in the Planning Act.