If you have concerns about the proposed development – either positive or negative – you can make your views known by presenting to the Committee of Adjustment at the hearing or by submitting a letter of support or objection prior to the hearing.
Deciding on your approach
Will you submit a letter? Attend the hearing? Get others involved? Launch a petition? Meet with the Owner before the hearing?
Your choice of approach will depend on many factors including: the time and expertise you have available; the importance to you of the proposed changes to the property; the possibility of negotiating with the Owner outside the Committee of Adjustment process; your ability to attend a hearing during working hours; and the willingness of your neighbours to participate.
Gathering support
If you feel an application is particularly egregious, having the support of your neighbours, your residents’ association, the local Councillor, and the City Planning Department can be crucial. Here are some approaches to consider.
Get others involved. Speak with your neighbours to find out how they feel about the proposed development. If others are also concerned, build support by asking them to write letters, attend the hearing, or sign a petition. Suggestions are made throughout this Guide on how to do this.
Ask the City Planning Department for help. Having the department on your side can help your cause immeasurably but this support depends on a timely response, which has not always been the case. Contact the Application Technician listed on the Public Hearing Notice, who may be able to provide an assessment of the application and/or tell you whether Planning intends to oppose the application. They can also provide any studies that the City may have conducted that are relevant to the property. If the technician undertakes to send information, be sure to follow up promptly since you have very little time to prepare your response.
Talk to your Residents Association. Contact your local residents’ association through their website to find out whether the association will support your position by sending a letter of objection and/or by offering advice.
Ask the Councillor to intervene. A letter of objection from the Councillor signals the importance of the case to the Committee. The Councillor can also help to ensure that any commitments for support that the Planning Department undertakes on your behalf are followed through. Your chances of getting the Councillor’s attention are increased if several residents request an intervention.
3.2 Letters of objection or support
In preparing your arguments, it is critically important to keep in mind the Committee’s mandate. Each point of support or objection should concisely address one of the ‘four tests’ described earlier, using supporting facts. Any matters beyond this scope should be omitted.
The Committee of Adjustment cannot consider:
- Aspects of the proposal that do not require variances (example: If building height is not listed as a requested variance, then it is not a matter that the Committee can consider)
- Noise, pollution, property maintenance, construction and engineering concerns. (Please contact Toronto Building)
- Prosecution for illegal construction. The Committee is required to view these applications as if the construction has not been started or completed. (If you have a concern about illegal construction, contact the City at: https://www.toronto.ca/services-payments/building- construction/complain-about-construction-issues/)
- Personal comments about neighbours, Owners or their agents.
Letters to the Committee of Adjustment should be submitted via mail or email prior to the hearing. (The Committee’s website states that they must be received a minimum of a five days before). Be sure to quote the file numbers on the Public Hearing Notice you received from the City. This information should be placed at the top of your letter and included in the subject line if sent by email.
Also, bear in mind that if the Committee’s decision goes against your wishes you will have an opportunity to appeal. (See the end of this Guide for details on the appeals process). The case you present to the Committee of Adjustment will form the basis of that appeal. So, if you feel strongly enough about the situation that you can foresee making an appeal (if necessary), spending extra time and attention on your presentation to the Committee of Adjustment will pay off later during the appeal process.
button
Preparing for your presentation at the hearing
Although the Owner makes the application to the Committee of Adjustment, he or she is often represented by an Agent at the hearing. Agents usually have a professional background and are experienced at making presentations and rebutting objections.
For residents this may be their first such presentation ─ and it can be intimidating. Everyone else seems to know what they’re doing except me! The experience has been likened to showing up at a rink and being told to shoot a goal against an NHL team – without knowing how to skate.
Being prepared with a crisp, fact-based presentation that is delivered in a clear, succinct and compelling manner will increase your chances of being ‘heard’ by the Committee members.
Attending the hearing
The following is a brief overview of the hearing process. For further details, please consult the Committee of Adjustment website.
Planning to attend
The Committee of Adjustment generally meets at Toronto City Hall at 100 Queen Street West. The schedules and agendas are available online.
The agenda
At the beginning of the hearing, the Chair will review the agenda to determine which applications will be contested and which applications will not. Applications that are not contested will be heard first by the Committee, followed by applications that are contested. These will be heard in order and it may take several hours for your case to come up for review.
Once your case is announced, you will be asked to identify yourself as an interested party and to sit in a specified area of the meeting room close to the Committee and staff.
Hearing an individual case
The Owner (or their agent) will speak first and will have five minutes to make his/her presentation and another five minutes to rebut comments made by interested parties.
Interested parties will be invited to speak after the Owner’s initial presentation. Each speaker will be given five minutes and one speaking slot to address the committee. You will be asked to review the variance requests (keeping in mind the ‘four tests’ that the committee must apply) and explain how these variances will impact the enjoyment of your property and neighbourhood (positively or negatively).
In some cases, the Committee will ask that all parties pertaining to a specific case talk to each other outside the meeting room, to see if they can come to some agreement. Then you all return to the room and the process proceeds. As noted earlier, if promises are made, get them in writing and ensure that the Committee has a record of these agreements. However, don’t feel rushed into making a decision on the spot and ask if a deferral is possible.
The decision
Once the Owner has completed their rebuttal, the Chair will bring the matter ‘into committee’ and no further comments will be permitted unless the Chair or a Committee Member asks a question.
The Chair will announce the Committee’s decision immediately and will state conditions of approval, if imposed. If you speak at the hearing or wish to receive a copy of the written decision, complete the Decision Request Card (provided in the hearing room) and file it with the recording secretary. The decision can be appealed within 20 days.
Deferrals
Deferrals are not awarded automatically and requests are considered by the Committee at the public hearing. Justification for a deferral must be provided to the Committee.