Committee of Adjustment

In the Township of Brock, the Committee of Adjustment schedules public hearings to review and consider minor variance and consent applications.

What is a Minor Variance Application?

A Minor Variance Application is a request through the Committee of Adjustment for permission to make changes to your property such as enlarging an existing building, or constructing a new structure that does not meet the zoning by-law's requirements.

You may also need to apply for a minor variance if you are proposing extensions, enlargements or variations of existing legal non-conforming uses under the Zoning By-law.

A proposed Minor Variance Application must meet the following criteria:

Does it meet the intent of the Official Plan?
Does it meet the intent of the Zoning By-law?
Is it minor in nature?*
Is it appropriate?

*Note: Minor in nature does not always mean the percentage of variance from what the Zoning By-law requires. Case law demonstrates that minor in nature means it will not have any adverse impact to the surrounding area.

For more information about minor variance applications, read the Ministry of Municipal Affairs and Housing's Citizens' Guide.

What is a Consent Application?

A Consent Application is needed to:

Subdivide an existing lot to create a new lot(s) – often referred to as “severance”
Require legal access onto your neighbour's property – often referred to as “easement”. There are many types of easements some of the more common easements are:
- Right of Way: you need to share or use a portion of your neighbouring driveway; or
- Utility maintenance: where permission is required to gain access through your neighbouring property to maintain a utility.
If you want to sell or mortgage a portion of your land, obtain a mortgage, or lease that extends for 21 years

For more information about consent applications, read the Ministry of Municipal Affairs and Housing's Citizens' Guide.

Application Forms

Application Fees

Minor Variance

$1,200

Consent

$1,500

Re-Circulation Fee

$350

Contact Township staff prior to submitting an application to confirm all applicable fees and to understand if any other agency review fees would apply to your application (such as the Region of Durham or Conservation Authority). Payments should be made by separate cheques to the appropriate agencies.

Tips for Completing Your Application

Ensure the site plan denotes all buildings and the distance from lot lines and other buildings in metres. An example site plan for information is available

Images of Simple Site Plan

To understand all required setbacks etc., please view the following Plates from the Zoning By-law:
- Residential Provisions (Plate C)
- Non-Residential Provisions (Plate D)
If you need support getting your application Commissioned, please contact the Planning Department to set up an appointment.

Committee of Adjustment Process

Before you apply, it is recommended you email the proposal to Planning staff for review. Township staff will review the proposal and identify the variances and details required, as well as the plans and fees required to be submitted with the application. This helps to reduce delays in the process.

To file an application, send a completed Application Form and Environmental Site Screening Questionnaire to the Planning Department, along with the required fees. Applications should be submitted electronically. If this isn't possible, the Township will still accept paper copies.

The Committee of Adjustment (COA) process typically takes about two months to complete. The applicant is required to post a sign on the property. People within 60 metres of the subject site get a notice of the application. People who request notices are also sent one. Township staff will notify commenting agencies and provide the application materials for their review and comment. A hearing is held by the COA, where a decision is made. After the decision by the COA, there is a 20-day appeal period.

Conditions of Approval

Sometimes, consents are approved on certain conditions such as:

Road widenings.
Parkland dedication.
Finalized rezoning applications.

The landowner may have to enter into an agreement with the Township or Region.

Once you meet all the conditions, you receive a certificate.

How to Appeal a Committee of Adjustment Decision?

The following people can appeal the decision of the Committee of Adjustment to the Ontario Land Tribunal:

The applicant
The Minister of Municipal Affairs and Housing
A specific person or public body that has an interest in the matter as outlined in the Planning Act.

Please contact staff for more details and the cost associated with the appeal.

The Appeal Forms are available on the Ontario Land Tribunal's website.

Register to participate in a hearing

Committee of Adjustment hearings are conducted virtually. To participate in the meeting, you must pre-register in advance. Submit your request to participate via email.

You must send your registration email no later than noon on the day of the meeting. We are unable to accept registrations after the deadline.

Hearings

Committee of Adjustment Hearings are scheduled once per month. If no applications are received within the application acceptance period, that month's hearing is not held. A full schedule of hearing dates, application deadlines, and signage deadlines is available for the full year.

Copies of the agendas and minutes for each Committee of Adjustment hearing can be found on the Council Calendar.

2023 Committee of Adjustment Minor variance Hearings Schedule with Application, Signage, and Appeal Deadlines