The Committee of Adjustment is a Committee appointed by Council to deal with Applications for Consent (division of land) and Applications for Minor Variance (minor changes to the Town's Zoning Bylaw).
The Newmarket Committee is composed of five citizen members and one citizen alternate. A Secretary‑Treasurer is also appointed to carry out the administrative duties and responsibilities of the Committee as required by the
Planning Act, R.S.O. 1990, c. P.13, as amended.
The Committee of Adjustment is an independent Committee of Council and is solely responsible for the decisions and actions it takes.
Please note that an arborist report in accordance with the Town's Tree Preservation, Protection, Replacement, and Enhancement Policy is required for consent and minor variance applications when there are any trees 20cm dbh or greater, were planted as a condition of approval of a development application, or are located on an adjacent property within 4.5m of the subject lands. Based on the submitted Arborist report, a security deposit may be required for preserved trees and compensation may be required for tree removal. The security deposit would be in the amount of 20% of the appraised value of all trees to be preserved and protected. Securities will be held for a period of 3 years after the occupancy permit has been issued and may be requested after this time if the protected trees remain in good health and have not sustained any damage as a result of site development activities.
Minor Variance
The Town of Newmarket Zoning By-law provides regulations for the use of land and construction of buildings. Zoning by-law provisions are standardized across large areas of Town; they cannot take into account all circumstances such as lot size, lot shapes or yard setbacks, which may affect the development of a particular property. In such cases, the property owner may apply to the Committee of Adjustment for a minor variance to the Zoning By-law. The Committee of Adjustment will review the site-specific circumstances regarding each application, hear from the public and hear from the applicant.
The Committee then considers the following questions concerning an application before reaching a decision:
- Is the variance minor in nature?
- Does the variance conform to the Official Plan?
- Is the general intent and purposes of the Zoning By-law maintained?
- Is it desirable for the appropriate development or use of the land, building or structure?
In addition, a
Tree Report Form is required for all Minor Variance and Land Severance applications. An Arborist Report may be required for a Minor Variance or a Land Severance application. Please read the
Town's Tree Policy for additional information.
Consent (Land severances) A land severance, also referred to as consent to sever, is the authorized separation of a piece of land to form two new properties. Consent to sever is required if a portion of land is to be sold or is to form part of an agreement lasting more than 21 years. In addition to the division of land, the registration of rights-of-way, easements and any changes to existing property boundaries requires consent approval. Legislative provisions for consent applications are outlined in Section 53 of the Ontario Planning Act.
Land severance approval is required to ensure that:
- consents are considered within an established community planning framework,
- new lots and new land uses do not conflict with the overall planning goals and policies of existing communities, and
- consideration is given to the effect of the division of land on the site, on the neighbouring lands, and on the community as a whole.
To apply for Consent (land Severances), please fill out the Consent (Severance) Application Form and submit along with all required documents to the Town's Development Portal.
In addition, a Tree Report Form is required for all Minor Variance and Land Severance applications. An Arborist Report may be required for a Minor Variance or a Land Severance application. Please read the Town's Tree Policyfor additional information.
Newmarket's Development Portal
To submit your Planning application (Consent & Minor Variance) and track the progress and status, please click the button below:
Committee of Adjustment Hearings
For up-to-date Agendas and Minutes for Committee of Adjustment Hearings, please visit the Agendas, Minutes, and Meetings page.
Committee of Adjustment Hearings are conducted online.
To join or view the next Committee of Adjustment Hearing, on the day of the Hearing, copy the link below into your web browser:
For technical tips on accessing the Hearing using ZOOM, please see the
How to Login Guide or contact the Secretary-Treasurer at:
[email protected]
It takes approximately 2 to 3 months to go through the Committee of Adjustment process. The application fee is found on the application form. The decision of the Committee is made at the hearing, after which there is a 20-day appeal period before the decision is final and binding. Persons in attendance at the hearing, or who provide written submissions prior to the hearing, may appeal the decision to the Local Planning Appeal Tribunal.
Committee Members and Chair
-
Josh Scholten
- Seyedmohsen Alavi (Chair)
- James (Jim) Georgeff
-
Michelle Starnes (Vice-Chair)
- Andrea Lewis
- Rob Green (Alternate member)
Committee of Adjustment Hearing Schedule for 2022-2023
Hearing Dates (via ZOOM)
| Submission Deadline
|
Wednesday, January 31, 2024 at 9:30 AM
| 22/12/2023
|
Wednesday, February 28, 2024 at 9:30 AM
| 26/01/2024
|
Wednesday, March 27, 2024 at 9:30 AM
| 23/02/2024
|
Wednesday, April 24, 2024 at 9:30 AM
| 22/03/2024
|
Wednesday, May 29, 2024 at 9:30 AM
| 26/04/2024
|
Wednesday, June 26, 2024 at 9:30 AM
| 24/05/2024
|
Wednesday, July 31, 2024 at 9:30 AM
| 28/06/2024
|
Wednesday, August 28, 2024 at 9:30 AM
| 26/07/2024
|
Wednesday, September 25, 2024 at 9:30 AM
| 23/08/2024
|
Wednesday, October 30, 2024 at 9:30 AM
| 27/09/2024
|
Wednesday, November 27, 2024 at 9:30 AM
| 25/10/2024
|
Wednesday, December 18, 2024 at 9:30 AM
| 15/11/2024
|
Please Note: Once your application is deemed complete by the Secretary-Treasurer and payment has been received, you will be scheduled for the next available hearing. It will take approximately 2 to 3 months for your application to move through the Committee of Adjustment process. Applications must be deemed complete one month in advance of the hearing, incomplete applications will not be scheduled a hearing date. There are item limits on Committee of Adjustment hearings, filing a complete application by the submission deadline does not guarantee the hearing date. For more information, please contact the Secretary-Treasurer.
Additional Information
