What is the Committee of Adjustment?
The Committee of Adjustment is a five-member committee appointed by Town of Ajax Council in accordance with the Planning Act to make decisions on Minor Variance and Consent Applications. The operation of the Committee of Adjustment follows the Terms of Reference and Rules of Procedure.
Minor Variance Applications
The Committee of Adjustment is responsible for considering Minor Variance Applications which seek to authorize the following:
- minor variances from the provisions of the Town of Ajax Zoning By-law to any land, building or structure;
- extensions, enlargements or variations of the legal non-conforming use of any land, building or structure; or
- permit the use of any land, building or structure for any purpose that, in the opinion of the Committee, conforms with the provisions of the Zoning By-law, where the uses of land, buildings or structures permitted in the Zoning By-law are defined in general terms.
When considering Minor Variance Applications, the Committee of Adjustment must adhere to the criteria (four tests), as outlined in the Planning Act:
- Is the request minor in nature?
- Is the request desirable for the appropriate development and/or use of the lands?
- Does the request maintain the general intent and purpose of the Official Plan?
- Does the request maintain the general intent and purpose of the Zoning By-law?
Consent Applications
Consent is the term used in the Planning Act when referring to the creation of new lots (i.e. severances), lot line adjustments, easements and rights-of-way, and permission for mortgaging or leasing parts of lots for more than 21 years. The term ‘consent’ is also commonly interchanged with the term ‘land division’.
The Committee of Adjustment is responsible for considering Consent Applications which seek to authorize the following:
- consent to sever land (i.e. severing a new lot from an existing lot);
- consent to alter the existing boundaries of a property (i.e. add land to an existing lot/lot line adjustments);
- consent to register rights-of-way and easements over land;
- consent to sell, mortgage, charge or enter into any agreement for more than 21 years for a portion of a property; and
- validation of land title when there has been an error in the description of land.
When considering Consent Applications, the Committee of Adjustment must ensure proposals conform to the Region of Durham and Town of Ajax Official Plans and have regard to the matters outlined under Section 51(24) of the Planning Act.
In all scenarios (Minor Variance and Consent Applications), the Committee must ensure consistency with the in-effect provincial policy statements, conformity with the in-effect provincial plans, and be aware of corporate initiatives and priorities (i.e. Council’s strategic plan).
Making an Application to the Committee and Meeting Details
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If you would like to submit a Minor Variance and/or Consent Application to the Committee of Adjustment, you can access the application forms below. Prior to submitting an application, please consult with Town of Ajax Planning staff to obtain feedback on the proposal, understand potential requirements/conditions, and confirm any specific submission details and requirements. Your property might be in a regulated area; please reach out to Town Planning staff, the Toronto and Region Conservation Authority (TRCA), or the Central Lake Ontario Conservation Authority (CLOCA) to determine your property’s status and seek appropriate conservation authority review. Committee of Adjustment decisions may only be appealed to the Ontario Land Tribunal (OLT) by the applicant or a specified person or public body, as outlined in the Planning Act. If you are eligible to appeal, you must submit a completed Appellant Form and the required fees. Please visit the OLT website for more information. You can find the most up-to-date application fees on the Common By-laws page by searching ‘User Fees’. Please note that if you are appealing a Committee of Adjustment decision to the OLT, there is a Town fee and an OLT fee. |
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After you apply, Town Planning staff review the application(s) for completeness and request any additional information they need to make a fair assessment of the application. The application will be reviewed internally (Town staff) and externally (external agencies). At least two weeks before the scheduled Committee of Adjustment meeting, a notice with the details of the application(s) will be sent to neighbouring properties advising them of the ability to provide comments for the Committee’s consideration and to attend the meeting. A notice sign will be created by Town staff, which you will be required to post on the subject property. Neighbouring property owners and the general public will be able to send written comments pertaining to the application(s) to the Secretary-Treasurer of the Committee of Adjustment in advance of the meeting. You or the person applying on your behalf will be required to attend the meeting. You/they will be required to speak to the submitted application(s) to which the Committee will then proceed to ask questions (to you/the applicant or staff) and make comments pertaining to the application(s). Any members of the public in attendance will be provided with the opportunity to provide comments/ask questions pertaining to the application(s). The Committee will then make a decision on the application(s). You will know during the meeting whether the application is approved, refused, or deferred (tabled until another meeting). The Committee’s decision is subject to a 20-day appeal period before it becomes final and binding. The Committee’s decision may only be appealed to the Ontario Land Tribunal (OLT) by the applicant or a specified person or public body, as outlined in the Planning Act. Third party appeals (i.e. an appeal by a member of the public (neighbouring property owner)) are not permitted. If there are no appeals during the 20-day period, then the decision becomes final and binding. Building permits may be applied for during the appeal period; however, no permits will be issued until the appeal period has expired. After the decision becomes final and binding, you will be responsible to satisfy any conditions of the approval that are outlined in the Committee’s decision (i.e. obtaining building permits, approvals/permits from external agencies, etc.). |
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| Frequently Asked Questions | ||||||||||||||||||||||||||||||||||||||||||||||||||||
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