Who sits on an Ontario committee of adjustment and how do they make decisions on variance applications?
A committee of adjustment is generally made up of members appointed by municipal council, often local residents rather than elected councillors themselves, who are tasked specifically with hearing and deciding applications for minor variances and certain other planning matters like consents to sever land. Because members are appointed rather than elected for this specific role, the committee is meant to function somewhat independently from council's day-to-day political considerations when it applies the established legal tests to a given application.
At a hearing, the committee reviews the application, staff comments and reports, and submissions from the applicant and any neighbours or members of the public who attend or write in, then applies the established four-part test for minor variances to decide whether to approve, approve with conditions, or refuse the request. Decisions are made by a vote of the members present, and the committee is expected to give reasons connecting its decision to that legal test rather than simply reflecting neighbourhood preference. Anyone appearing before a committee of adjustment benefits from directly addressing each part of that test in their materials and presentation, since a well-organized submission engages with what the committee is actually required to decide.
Key takeaways
- Committee of adjustment members are appointed by council, distinct from elected councillors.
- The committee hears minor variances and certain other applications like consents to sever.
- Decisions apply the established legal test through a vote of members present.
- Address each part of the applicable test directly in submissions to the committee.