In considering each application for land severance, the approving body evaluates the merits of each proposal against criteria in Section 53(12) of the Planning Act, such as:

  • The effects of the proposal on matters of provincial interest, general conformity with the official plan and compatibility with adjacent uses of land;
  • Compliance with zoning by-law;
  • Suitability of the land for the proposed purpose, including the size and shape of the lot(s) being created;
  • Adequacy of vehicular access, water supply, sewage disposal;
  • The need to ensure protection from potential flooding.

In considering a consent application, the consent-granting authority’s decision shall be consistent with the Provincial Policy Statement.

The Provincial Policy Statement contains clear, overall policy directions on matters of provincial interest related to land use planning and development. The “shall be consistent with” rule means that a council is obliged to ensure that the policies of the Provincial Policy Statement are applied as an essential part of the land use planning decision-making process. It is expected that the consent-granting authority will implement the Provincial Policy Statement in the context of other planning objectives and local circumstances.