COVID-19 Update: 

The Town of Milton is holding Committee of Adjustment and Consent (COA) meetings virtually to provide applicants and members of the public with an accessible, contactless application process. COA meetings will be livestreamed on the Town of Milton’s YouTube page. A full Committee of Adjustment and Consent schedule is available on the Town’s calendar.

To participate in Committee of Adjustment and Consent meetings, follow the delegation process.

Please contact the Committee Secretary to receive an application form and to discuss how to make a minor variance and/or consent application during this time.  

If your project requires a small change to Milton’s Zoning By-laws, you can apply for a minor variance.

Applying for a Minor Variance

Before you submit  your application, it is strongly recommended that your consult with staff to discuss the merits of your proposal, confirm variances that may be required and identify any documentation needed in support of the application. 

You must complete an Application for a Minor Variance before the Committee of Adjustment and Consent can accept your application. Make sure to include all fees when you apply. Please see our Minor Variance Application Guidelines below for application fees and more information.

After we receive agency and public comments regarding your application, we hold a public hearing where a decision is made. You can appeal a decision after the hearing.

For the Committee of Adjustment and Consent to approve your application, it must:

Application Guidelines 
Before you apply

Before you prepare and submit your application to the Committee of Adjustment, it is strongly recommended that you consult with Development Review staff to discuss the merits of the proposal, confirm variances that may be required and identify any documentation needed in support of the application.

How do I apply?

If you wish to the Committee of Adjustment and Consent, you should obtain and complete the application form.  The application form outlines the requirements for submitting an application for minor variance.  The requirements include a site plan or survey which will indicate the location of the property, the setbacks of all buildings or structures on the property and sufficient information to clearly identify the variance required. 

The application package is available at the Development Services Department Office, 150 Mary Street, 2nd Floor, 150 Mary Street or here online.

Pre-submission 

A minimum of two (2) weeks prior to the final COA Deadline, the following is required:

  • A completed draft application and drawings are to provided to Committee Secretary-Treasurer for pre-Planning/Zoning Review.  
  • All sketches/drawings are to be on plain paper no larger 11”x17” and legible. The required site plan must show
    1. boundaries and dimensions using metric measurements;
    2. location, size and type of all existing and proposed buildings and structures, indicating the distance of the buildings or structures from the lot lines for the front, rear and side yards (in metric);
    3. the location of all natural and artificial features on the subject land and on the land that is adjacent to the subject land that; in the opinion of the applicant, may affect the application.  Examples include buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks;
    4. IMPORTANT!  In the case of rural applications, both the existing and/or proposed well(s) and septic system(s) must be clearly shown.
    5. the location and nature of any easements affecting the subject land.
  • Floor Plans and Building Elevations as required
  • Additional supporting documentation as may be determined by Town Planning Staff; for example, planning justification, parking brief, traffic study.
Final Submission

Original Signed Completed Application Form and Plans/Sketches/Drawings (original signatures required) (all sections completed) PLUS six (6) copies of above plus one (1) digital copy of all plans/sketches must be provided to the Committee Office via email or USB.  All copies are to be collated and stapled no larger than 11” x 17” 

Current Application fee(s), payable to the Town of Milton, Halton Region, and applicable Conservation Authority (as required) are included.  Separate cheques are required.  Please note, the Town's User Fee By-law notes that minor variance application fees are non-refundable, upon withdrawal of an application, regardless of the timing of withdrawal.

What happens next?

Once a completed application has been submitted, Requests for Comments and Notices of Public Hearing are circulated a minimum of ten days prior to the Committee hearing (as required by the “Planning Act”).  The application form is circulated to certain municipal departments and agencies for review and comment.  Copies of comments received, other than those of “No Objections/No Concerns”, will be made available to the applicant or agent, prior to the Public Hearing.  A Notice of Public Hearing is also sent to property owners within 60 metres (200 feet) of an urban property or 120 metres (400 feet) of a rural property. These owners have the right to attend the scheduled hearing and express any concerns or support they may have.

What happens at the Hearing?

At the Hearing, you or your authorized agent will be required to make a verbal presentation of your case to the Committee. Please bring a copy of your plans with you to the Hearing for your presentation.  Plans should be a maximum of 11x17” paper format for the document camera.  Presentations may also be made by any other interested parties in support or in objection to your application.

The Committee considers all presentations for and against your proposal and renders a verbal decision in the presence of all interested parties at the time of the Public Hearing.  An approval of your application may be subject to such conditions and/or restrictions as the Committee deems appropriate.

What happens after the Hearing?

A written decision from the Committee will be sent to the applicant, authorized agent and any and all persons that requested a copy of the decision within ten (10) days from the date of the Hearing.  At the end of the twenty (20) day appeal period, if there has been no appeal filed, the decision will become final and binding and a notice to this effect will be issued.

Where specific conditions of approval have been imposed by the Committee, all requirements must be fulfilled to the satisfaction of the agency having recommended the condition and associated confirmation is to be provided to the Committee Secretary-Treasurer.  Obtaining these clearances (generally subject to a specific timeframe) is the sole responsibility of the Applicant.  An approval will only be considered final and complete, when all conditions have been fulfilled within the stipulated timeframe.

Appeal Provisions:

The decision of the Committee of Adjustment and Consent is subject to appeal within twenty (20) days from the date that the decision is signed.  During the appeal period any person having an interest in the application may file an appeal of the Committee’s decision to the Local Planning Appeal Tribunal (LPAT).  The notice of appeal is filed with the Secretary Treasurer of the Committee of Adjustment.  The notice of appeal must be in writing and outline the reasons for the objection.  A certified cheque or money order in the amount of $400.00 payable to “Minister of Finance” must be included with a notice of appeal form.

The notice of appeal, the fees and all required documents will be forwarded by the Secretary-Treasurer to LPAT.  All further inquiries will be handled through LPAT staff.

All additional information regarding the appeal process is available on the Tribunal’s website.

2021 Submission Schedule

This schedule applies to Minor Variance Applications only.  All Committee of Adjustment Hearings are held monthly on Thursday evenings at 6 pm.  

A draft copy of the application form and associated drawings is required for preliminary zoning/planning review and forwarded electronically to the Committee Secretary-Treasurer.  Once staff have completed the necessary review, the Applicant will be advised and final submission (including all copies fees, etc.) can be made directly to the Committee Secretary-Treasurer.

 

Pre-Application Submission Date Final Submission Date COA Meeting Date
Tuesday, October 13, 2020 Tuesday, October 27, 2020 Thursday, November 26, 2020
Tuesday, October 27, 2020 Tuesday, November 17, 2020 Thursday, December 17, 2020
Tuesday, December 1, 2020 Friday, December 18, 2020 Thursday, January 28, 2021
Tuesday, January 12, 2021 Tuesday, January 26, 2021 Thursday, February 25, 2021
Tuesday, February 9, 2021 Tuesday, February 23, 2021 Thursday, March 25, 2021
Tuesday, March 16, 2021 Tuesday, March 30, 2021 Thursday, April 29, 2021
Tuesday, April 13, 2021 Tuesday, April 27, 2021 Thursday, May 27, 2021
Tuesday, May 11, 2021 Tuesday, May 25, 2021 Thursday, June 24, 2021
Tuesday, June 15, 2021 Tuesday, June 29, 2021 Thursday, July 29, 2021
Tuesday, July 13, 2021  Tuesday, July 27, 2021 Thursday, August 26, 2021
Tuesday, August 17, 2021 Tuesday, August 31, 2021 Thursday, September 30, 2021
Tuesday, September 14, 2021 Tuesday, September 28, 2021 Thursday, October 28, 2021
Tuesday, October 12, 2021 Tuesday, October 26, 2021 Thursday, November 25, 2021
Tuesday, November 2, 2021 Tuesday, November 16, 2021 Thursday, December 16, 2021
Friday, December 10, 2021 Friday, December 17, 2021 Thursday, January 27, 2022

 

Minor Variance Fees

All applicable fees are required at time of application.  Fees are to be submitted by cheque* only are payable to the applicable agency.  The Town's User Fee By-law notes that minor variance application fees are non-refundable, upon withdrawal of an application, regardless of the timing of withdrawal.

Effective January 1, 2021, the fees for a minor variance application to the Committee of Adjustment is as follows:

 

TOWN OF MILTON Fee
Type 2:  Residential, per application $1,970.00
Type 1:  Commercial, industrial, per application $7,374.00
Special COA Hearing $1,324.00
REGION OF HALTON Fee
Urban (Regional Water & Wastewater) per application $36.35
Rural (Private Well and/or Septic) per application $178.35

CONSERVATION HALTON Fee
Minor (no site visit or technical review) No Objection Letter: $150.00
Minor (Visual Inspection): $265.00
Intermediate $654.00
Major $1,902.00

 *The Town of Milton's acceptable form of payment for planning applications is cash, cheque (personal, certified or money order) or cash only. No electronic transfer payments are permitted.

When is a rezoning required?

If you’re requesting a major change to a by-law standard or a use that is not permitted, applying for rezoning may be required.

Please note

A minor variance does not change a Zoning By-law. It excuses the property owner from a requirement of the by-law.

Applying for Consent

The consent approval process (described in Section 53 of the Planning Act) is an alternative for land division proposals that are relatively less complex where a plan of subdivision is not required (e.g., the creation of one or two lots or easements).  A consent is appropriate if a landowner proposes to:

  • create a limited number of new lots (called lot creation)
  • add land to a neighbouring lot (called lot addition)
  • create one or more rights-of-way (called easements)
  • charge over a part of a property (mortgage); or
  • enter into a lease over a part of a property when the term of the lease totals 21 years or more, inclusive of renewal options.

Prior to submitting a Consent Application, you are strongly urged to contact Planning staff to discuss your proposal.  Please note the Town of Milton Official Plan as well as the Region of Halton Official Plan (our approval authority) does not permit severances (new lot creations) in the rural areas of Milton.  The only severances permitted are lot line adjustments that are minor and for legal purposes only.

Contact Planning staff for more details and a copy of a Consent Application.

 

Consent Guidelines
What is an application for Consent?

The owner of land or a person authorized in writing by the owner, who wishes to convey part of their land may apply to the Committee of Adjustment for “Consent” to convey the land. 

The Planning Act requires property owners to obtain “Consent” approval before conveying part of their property.  Approval is also required when the terms of an agreement, such as lease, easement, mortgage comments the land to use for period in excess of 21 years. 

The powers under the Planning Act to give “Consent” has been delegated to the Committee of Adjustment.  The Committee is composed of three (3) members who are pointed by the Council of the Town of Milton.

In addition to “Consent” the Committee of Adjustment has also been delegated the power to issue a “Certificate of Validation”.  A “Certificate of Validation” is required where there has been or there is a violation of the Planning Act which affects the title of the land and the beneficial owner is not the “paper” title owner.

How do I apply?

The Town’s Complete Application Policies (By-law 106-2008) require that persons intending to make application for consent (to sever) participate in a formal pre-consultation meeting prior to submitting an application.  It is the applicant’s responsibility to initiate meeting arrangements with Town Planning Staff, with the knowledge that the outcome of the pre-consultation process will remain valid for a six-month term only.  After that time, the Town may require additional consultation.

The pre-consultation process provides both the Town and commenting Agencies an opportunity to review the feasibility of a draft development proposal and to identify the scope of additional supporting information or material that may be required for the review of any resultant consent application.  IMPORTANT!  Where pre-consultation requirements are not satisfied and/or all required supporting information or material is not provided at the time an application is submitted, Staff may deem the application incomplete and refuse to accept it.

Please contact the Committee of Adjustment Office to schedule a pre-consultation at 905-878-7252, ext. 2313 or via email at planning@milton.ca.

Application Requirements

Documents:  One (1) Original Signed Completed Application Form and Plans/Sketches/Drawings (original signatures required) (all sections completed) PLUS five (5) copies of above plus one (1) digital copy of all plans/sketches must be provided to the Committee Office via email or USB.  All copies are to be collated and stapled no larger than 11” x 17”) is required for each new lot created (not including the retained lot) and/or lot addition, easement, lease, etc.

Application Form and Supporting Documentation.

It is the responsibility of the Owner or Authorized Agent to provide complete and accurate information.  At time of submission, the following is required:

  • One fully-completed original application form, plus six (6) copies.   Each complete copy/set MUST BE COLLATED.
  • All supporting documentation – reports and studies, etc. (including paper and digital format), as identified through the pre-consultation process. 
  • All requisite fees.  Please note, the Town's User Fee By-law notes that consent application fees are non-refundable, upon withdrawal of an application, regardless of the timing of withdrawal.
  • ALL required drawings and sketches – must be to scale and clearly legible; drawing specifications are further detailed within these Guidelines.
  • Completed Environmental Site-Screening Questionnaire (1 copy).
  • Phase 1 and/or Phase 2 Site Assessment Report:  Halton Region may further require a Phase 1 and/or Phase 2 Site Assessment Report, upon review – applicant to be advised; or If already completed/available (1 copy).
  • Where applicable, Regional Farm Data Sheet.  This information is required if either the severed or retained parcel is to be used for: agricultural purposes or farm-related rural residential purposes.
  • One (1) CD or USB with application, drawings, sketches and reports in PDF format.  All PDF documents must be original documents (not scanned).  Files must be uncompressed with no zip files or folders.

Any additional information that may be useful in the review of the application, including:

  • Explanatory letter – providing background, purpose of application, justification and photographs that may be useful in the review of the application.
  • A property deed/parcel register etc. may be required as proof of ownership.

The application will NOT BE ACCEPTED until all sections of the form are considered to be complete and all requirements have been met. If the submission is incomplete or inaccurate, the application will be returned (without prejudice) for completion, correction or clarification prior to acceptance and processing by Town Staff.

Drawing Specifications – Including Location Map, Consent Sketch, etc.

  • A location map showing general location of property within context of surrounding area.
  • A legal survey or consent sketch of the subject property showing:
  • Boundaries, including ALL dimensions (and sizes) of proposed parcels of land, with the severed and retained parcels outlined and clearly identified as such (e.g. ‘Parcel A – to be severed’ and ‘Parcel B – to be retained’);
  • Location of all existing buildings/structures (including setbacks to lot lines), watercourses, driveways, highways, railways, wetlands, wooded areas, easements (specifying type of easement), etc.;
  • In the case of ALL RURAL APPLICATIONS, both the EXISTING (and proposed, if any) WELL AND SEPTIC SYSTEM are to be clearly shown (including setbacks to any structure and/or wetland).
  • Typically, a consent sketch is prepared by an Ontario Land Surveyor or equivalent professional. A draft reference plan is similarly acceptable.
  • Any additional building, elevation or site plan drawing that may be related to the proposal and/or is requested by Town Staff.
  • Where full-sized copies of drawings are submitted with the application, a corresponding reduced version of each drawing (no greater than 11” x 17”) is also required for public circulation purposes. Over-sized drawings must be folded to a size no greater than 11” x 17”.
  • All drawings must also be submitted in digital format.

What happens next?

Agency Circulation

Following acceptance of an application, the Committee Secretary-Treasurer circulates a request for comments to specified Town departments and other agencies.  Copies of agency comments (other than ‘No Objections’) will be provided to applicant, together with the consolidated Town planning report.

Public Notice

A notice placard(s) will be provided to the applicant and IS TO BE POSTED A.S.A.P. IN A VISIBLE LOCATION ON THE PROPERTY.  The owner/agent must provide written confirmation (including photographs) to the Secretary-Treasurer that the sign has been posted and the placard is to remain in place until the application process is complete.  Following the sign posting, a public notice of the application will be sent to urban property owners within a 60-metre range of the affected property or, in the case of the rural area, 120 metres. These neighbouring property owners have the right to express any concerns or support they may have regarding the proposal.  Written comments, if received, will form part of the public record and will be provided to Staff and the applicant for consideration.  Such personal information is collected under the authority of the “Planning Act” and will be used solely during the review of and to provide public notice required with respect to the associated consent application.

Comments on Application

If none of the circulated agencies or surrounding property owners has any concerns with the proposed severance application and the applicant is in agreement with all of the recommended conditions of approval, the Town’s Planning Director has been delegated the authority to approve such “undisputed” consent applications.  However, if circulated agencies or surrounding property owners object to the proposal and/or if the applicant is not in agreement with all recommended conditions of approval, the “disputed” application will be redirected to the Committee of Adjustment and Consent for review and will be heard by the Committee at the next regularly-scheduled hearing date, subject beforehand to meeting the public circulation requirements of the “Planning Act”. 

Hearing and Decision

In the event that a Committee Hearing is required, Members will consider all available evidence, including what may be provided by those in attendance, and a public decision will generally be made at that time. A copy of the decision will be mailed to the applicant and those having made a written request.  A 20-day period follows the date of the decision being mailed, during which time the decision may be appealed to the Local Planning Appeal Tribunal.  The applicant and agent will be notified whether or not an appeal is made.  Important: Where a public hearing is required, either the applicant or a designated representative MUST be present at the scheduled hearing.  Otherwise, the Committee may defer consideration of the application until a later date.

No Appeal

If no appeal is registered within 20 days of the Decision having been mailed, the decision of the Planning Director or Committee is considered to be final and binding, whether approved or denied.  If an application is approved, provisional consent is considered to have been granted, and is subject to clearance of any related conditions within a one (1) year timeframe.

Appeal

If any party objects to a decision, that decision may be appealed to the Local Planning Appeal Tribunal (LPAT)) within the defined 20-day appeal period.  During the appeal period any person having an interest in the application may file an appeal of the Committee’s decision to the Local Planning Appeal Tribunal (LPAT).  The notice of appeal is filed with the Secretary Treasurer of the Committee of Adjustment.  The notice of appeal must be in writing and outline the reasons for the objection.  A certified cheque or money order in the amount of $400.00 payable to “Minister of Finance” must be included with a notice of appeal form .

The notice of appeal, the fees and all required documents will be forwarded by the Secretary-Treasurer to LPAT.  All further inquiries will be handled through LPAT staff.  All additional information regarding the appeal process is available on the Tribunal’s website.

Conditions of Approval

Following issuance of provisional consent, there is a ONE-YEAR TIMEFRAME in which the applicant must satisfy all conditions of approval.  It is the responsibility of the applicant to obtain clearances in a timely fashion and to ensure that the Committee Secretary-Treasurer is provided with confirmation of clearances.  If the conditions are not satisfied, as required, the approval will lapse.  The “Planning Act” does not make provision for an extension of any kind.

Issuance of Consent Certificate

Provided that all conditions are satisfied within one year, the Town is in a position to issue the Final Certificate Consent.  It is the responsibility of the applicant to follow up with the Committee Secretary-Treasurer well in advance of lapsing.  Caution:  A minimum of 10 business days is required between final clearances being provided and a Certificate being issued.

Registration of Consent Certificate

It is the responsibility of the applicant to register the Final Certificate of Consent within two (2) years of its issuance; otherwise, the consent will fail.  Reminders will not necessarily be provided by the Town.  The consent is considered to be complete upon registration, after which time the applicant is responsible for promptly providing registration details to the Committee Secretary-Treasurer.  Upon receipt, the associated records at both the Town and Municipal Property Assessment Corporation will be updated and the related consent file will be closed.

Consent Fees 

All applicable fees are required at time of application.  Fees are to be submitted by cheque* only are payable to the applicable agency.  Please note, the Town's User Fee By-law notes that consent application fees are non-refundable, upon withdrawal of an application, regardless of the timing of withdrawal.  Fee types as follows:

  • TYPE 2 -  Any consent application for a lot line adjustment (lot addition); a permanent easement; or a lease (over 21 years) – where NO NEW LOT is proposed to be created.  Validations of Title are also included in this category.
  • TYPE 1 -  Any consent or severance application NOT defined as Type 2 (see above).  Generally, where any NEW LOT is proposed to be created.  

Effective January 1, 2021, the fees for a consent application are as follows:

 

TOWN OF MILTON Fee
Type 2: Residential application $4,108.00
Type 1: Commercial/Industrial application $5,533.00
Minor Revision Fee 15% of Current Application Fee
Major Revision Fee 50% of Current Application Fee 
HALTON REGION Fee
Urban (Regional Water & Wastewater) $1,162.15
Rural (Private Well/Septic) $1,302.15
Validation of Title $269.49

 

CONSERVATION HALTON Fee
Minor (not site visit or technical review): $2,661.00
Intermediate $3,085.00
Major $4,227.80

  *The Town of Milton's acceptable form of payment for planning applications is cash, cheque (personal, certified or money order) or cash only. No electronic transfer payments are permitted.