Committee of Adjustment
Comité de dérogation
DECISION CONSENT/SEVERANCE
Panel: 3 - Rural
File: D08-01-25/B-00248
Application: Consent under section 53 of the Planning Act
Applicant: 1983832 Ontario Inc.
Property Address: 2956 Harbison Road
Ward: 21 - Rideau-Jock
Legal Description: Part of Lot 5, Concession 8, Geographic Township of Marlborough
Zoning: AG
Zoning By-law: 2008-250
Heard: December 9, 2025, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant wants to subdivide their property into two separate parcels of land to create one new lot for a surplus farm dwelling.
CONSENT REQUIRED
2The Applicant seeks the Committee’s consent to sever land. The property is shown on a sketch filed with the application and the separate parcels will be as follows.
3The severed land, shown on said sketch, will have a frontage of 125 metres, an irregular depth and a lot area of 1.5 hectares. This parcel will contain the existing dwelling and outbuildings and be known municipally as 2956 Harbison Road.
4The retained land, shown on said sketch, will have 0 metre frontage, an irregular depth and lot area of 41 hectares, is used for agricultural purposes and will be known municipally as 2950 Harbison Road.
5The property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
6Tricia Schouten, agent for the Applicant, provided an overview of the application.
7Responding to concerns raised in the City planning report that the road allowance located at the rear of the subject property does not meet the definition of a public street, Ms. Schouten proposed the addition of a condition of provisional consent requiring the registration of a notice on title, warning that the road allowance is not maintained and its use is at the risk of the owner.
8City Planner Wendy Yang indicated that the City had “some concerns” due to the lack of frontage on a public street for the retained lands, noting it would be difficult to obtain a building permit. City Planner Erin O’Connell suggested that Ms. Schouten’s proposed condition should include a statement that no building permit will be issued until the road allowance is opened by the City. Ms. Schouten agreed with the proposed change.
9Ms. Schouten also requested that the City’s requested condition requiring proof of independent services for each existing parcel be amended to apply only to the severed lands, given that there will be no dwelling permitted on the retained lands. Ms. Yang also supported this change.
10Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
11Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024, and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Evidence
12Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including a cover letter, Agreement of Purchase and Sale, parcel abstract, correspondence with technical agencies, a sketch, photo of the posted sign, and a sign posting declaration.
City Planning Report received December 4, 2025, with concerns.
Rideau Valley Conservation Authority email dated December 1, 2025, with no objections.
Hydro Ottawa email dated December 2, 2025, with no comments.
Effect of Submissions on Decision
13The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
14The Committee notes that the City’s Planning Report raises “concerns” regarding the application, highlighting that “the road allowance located at the rear of the subject property is not maintained by the City” and that “the retained lot does not have frontage on a public street”. However, the Committee notes that this concern can be addressed through the conditions of provisional consent, as amended and agreed to by the City Planner and the Applicant’s agent.
15Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.
16The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
17Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
18Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
19THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
"Terence Otto" TERENCE OTTO VICE-CHAIR
"Gary Duncan" GARY DUNCAN MEMBER
"Beth Henderson" BETH HENDERSON MEMBER
"Martin Vervoort" MARTIN VERVOORT ACTING PANEL CHAIR
“Absent” JOCELYN CHANDLER MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated December 19, 2025 “Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on January 8, 2026.
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
NOTICE TO APPLICANT
Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436
APPENDIX A
That the Owner(s) obtain a Zoning By-law Amendment that restricts residential development on the retained lands, with all levels of appeal exhausted. Notice shall be provided in writing to the Committee from the Department confirming this condition has been fulfilled.
That the Owner(s) provide proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that the severed parcel has its own well, independent private sewage system, and storm/foundation drainage and that it does not cross the proposed severance line. If the systems do cross, are not independent, or do not meet the minimum spacing requirements of the Ontario Building Code and City of Ottawa Hydrogeological and Terrain Analysis Guidelines, the Owner(s) will be required, at their own cost, to relocate the existing systems or construct new systems.
That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenant/notice that shall run with the land and bind future owners on subsequent transfers:
“The City of Ottawa does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater becomes deficient, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
- That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to the retained land to deal with the following covenant/notice (or similar to) that shall run with the land and bind future owners on subsequent transfers:
"The owner/lessee and/or prospective purchaser for themself, their heirs, executors, administrators, successors and assigns, acknowledges being advised that the portion of the road allowance between Concessions 7 and 8 (or 2956 Harbison Road and 6190 Malakoff Road) and which abuts the Subject Property (hereinafter “the Road Allowance”) is not maintained by the City of Ottawa."
"The owner/lessee and/or prospective purchaser for themselves, their heirs, executors, administrators, successors and assigns, acknowledges being advised that the City of Ottawa bears no responsibility, financial or otherwise, to maintain the Road Allowance and that any use of the Road Allowance shall be at the sole risk of the individual(s) using the Road Allowance."
"The owner/lessee and/or prospective purchaser for themselves, their heirs, executors, administrators, successors and assigns, acknowledges that they are aware that no building permits will be issued by the City of Ottawa for the Subject Property until such time as the Road Allowance is opened by the City"
"The owner/lessee and/or prospective purchaser covenants that the above clauses, verbatim, shall be included in all subsequent agreements of purchase and sale and lease agreements for the lands described herein, which covenant shall run with the said lands."
The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for a Conveyance for which the Consent is required to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.