by John Parker - Ward 26 Councillor for Streets Of Toronto Posted: June 2, 2014 Photo: Residents occasionally see a new home go up that is larger than what is set out in the applicable bylaw. How can this be? Why doesn't the city just come along with a wrecking ball and demolish the offending structure? Welcome to the Committee of Adjustment.
Residents occasionally see a new home go up that is larger than what is set out in the applicable bylaw.
How can this be? Why doesn't the city just come along with a wrecking ball and demolish the offending structure? Welcome to the Committee of Adjustment.
The committee is a tribunal established under the Planning Act, a provincial statute. Its powers are derived directly from the province. They are not derived from the city. In fact, they override the authority of the municipality altogether and are not subject to review by council.
The power of the committee to grant variances from provisions of a local bylaw is set out in subsection 45(1) of the act. Its application is subject to what is colloquially referred to as “the four tests”:
• Is the proposed variance “minor”?
• Is the proposed variance “desirable” for the appropriate development or use of the land?
• Is the “general intent and purpose of the bylaw” maintained?
• Is the “general intent and purpose of the official plan” maintained?
Interested persons are entitled to participate in committee proceedings. Sometimes this takes the form of oral submissions in person, but more often it takes the form of letters and petitions. The most effective submissions reflect an understanding of the four tests.
As a former Committee of Adjustment chair, I can often advise residents on Committee of Adjustment practice and procedure. Feel free to contact me at councillor_parker@toronto.ca if you are a Ward 26 resident who is contemplating a Committee of Adjustment application or intervention.
Article exclusive to STREETS OF TORONTO