Committee of Adjustment

What is the Committee of Adjustment?

The Committee of Adjustment is an independent body consisting of five (5) members appointed by Council.  This Committee is granted authority by the Province of Ontario under the provisions of the Planning Act and has the ability to grant relief from the provisions of the Township’s Zoning By-Law and is also authorized to deal with land division. 

What is a Minor Variance?

A minor variance is a change or permission from the specific requirements of the Township’s Zoning By-Law.  The provisions in Zoning By-Laws are very specific in terms of setbacks, lot coverage, etc.; these provisions are crafted to anticipate most development scenarios, but they cannot anticipate all scenarios.  The minor variance process allows for a property owner to seek permission or relief from a certain provision by applying to the Committee of Adjustment.

Application Form for Minor Variance – Click Here

What is consent (severance)?

Consent is a term often used to describe the approval required to subdivide a piece of land without the plan of a subdivision.  The Planning Act requires that consent be granted before a parcel of land can be divided and conveyed.  Severances must conform to the Land Division policies contained in the Township’s Official Plan, as well as other applicable legislation including the Provincial Planning Statement 2024.   Consents or severances often refer to applications seeking to create a new lot, establish an easement, the addition of land from one property to another, effect a cancellation certificate, create a surplus dwelling lot or split a farm.     

Application for Consent – Click Here 

What does the consent and minor variance process consist of?

There are several steps that need to be completed when applying for either a minor variance or consent.  The following steps outline the general requirements and process in either a minor variance or consent:

• Pre-consultation: Prior to submitting an application to the Committee of Adjustment, the applicant must pre-consult with the Township.  Applicants should be prepared to discuss the nature of the application and will be provided with general information regarding the process, timeline and costs.   A preliminary sketch of what is being asked for is useful at this stage.
  • Request a pre-consultation with the Township by contacting Danielle Truax, Community Services Manager at the Township Office: (519) 724-2931 or danielle.truax@pelee.ca.  
  • Applicants will also be directed to pre-consult with other applicable agencies with respect to the application including Essex Region Conservation Authority, Ministry of Environment, Conservation and Parks and other prescribed bodies if necessary.         
• Submission: When submitting, the applicant or authorized agent must ensure that the application is complete. Complete applications must include the signatures of all property owners, a declaration signed before a Commissioner of Oaths, a detailed sketch and the required fees.  Other supporting documentation may be required by the Township and will be identified during the pre-consultation stage.        
• Circulation and Public Hearing: Once a complete application is received, a Public Hearing date will be assigned by the Township and a Notice of Public Hearing will be sent to all property owners within 60 metres of the subject lands as well as various Township departments and public agencies.   The Notice briefly outlines the nature of the application and provides direction to interested parties to send their comments in writing to the Township Office prior to the Public Hearing or to provide comments verbally by participating in the Public Hearing.  The applicant will be provided with signage prepared by the Township to be placed on the subject property until after the Hearing.  
• Decision: The Committee will hear the application at the Public Hearing, including a detailed staff report and recommendation, submissions by the applicant and comments from members of the public wishing to speak to the application.   The Committee typically makes a decision at the meeting and may approve, approve with amendments, deny or perhaps recommend deferral.  
• Notice of Decision: A Notice of Decision is circulated to the applicant and those who submitted a written request to the Secretary Treasurer to be notified of the decision. Following the decision by the Committee and the giving of notice, a twenty (20) day appeal period begins, during which time the Committee’s decisions may be appealed to the Ontario Land Tribunal (OLT) by the parties permitted under the provisions of the Planning Act.
• If Appealed: the application is heard before the OLT in what amounts to a new hearing.
• If No Appeal: the Committee’s decision is final after the expiration of the twenty (20) day appeal period.   

How long does the process take?

From the time a complete application is submitted to the Township, a public hearing is held, a decision is made by the Committee, and the appeal period expires it may take approximately two months.  

A minor variance becomes final and binding following the expiry of the appeal period and building permits can be submitted after this date. 

Consents are typically assigned conditions of provisional approval which must be completed by the applicant within two years after notice of the Committee’s decision is given.    Deeds for the lands subject to the consent will only be endorsed by the Secretary Treasurer once all conditions have been completed to the satisfaction of the Township.  

How much does an application cost?

Applications Fees are as listed in the Township Fees & Charges By-Law .   Application fees will be reviewed and confirmed during the mandatory pre-consultation with the Township.  Additional fees and charges may apply to conditions assigned to applications which are approved by the Committee of Adjustment.    

The Township is also responsible for collecting the required planning review fee on behalf of Essex Region Conservation Authority. Applicable fees should be confirmed on the ERCA Development Services webpage.   

Where can I get an application form?

Applications are available at the links above or hardcopies can be requested at the Township Office during posted office hours. 

When and Where are the Hearings held?

Public Hearings are currently held virtually via Zoom on the 3rd Wednesday of each month.  A schedule of 2025 meeting dates and the deadline for submitting an application to be heard at the next available meeting is provided below.  Meetings may also be held in person at the Royal Canadian Legion.  The Notice of Hearing will clearly indicate the format of any meeting.  Please note meeting dates may be subject to change at the discretion of the Township.  Please always confirm submission deadlines and meeting dates.

2025 Committee of Adjustment Meeting Dates

Agenda and Meeting Minutes 

Copies of current and past meeting agendas and minutes can be found on the Township of Pelee Committee Meetings webpage.  

Notice of Hearing

2024 Notices

Meeting Date – Tuesday July 23, 2024 @ 4:30 pm   
Application Package Submission Deadline – July 1, 2024

 

Previous Notices

Agendas

Notice of Provisional Decision

Notice of Decision

 

If you require any assistance or additional information throughout this process please contact Danielle Truax, Community Services Manager at the Township Office: (519) 724-2931 or  danielle.truax@pelee.ca.