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HomeMy WebLinkAboutPSD-031-06 Clw:.mgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 27, 2006 Report #: PSD-031-06 File PLN 1.1.5.1, PLN 1.1.10 By-law #: ~Qf) . / If/A -0 k:, Subject: BILL 51, ONTARIO MUNICIPAL BOARD AND PLANNING ACT REFORM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-031-06 be received for information. Submitted by: Da' J. Crome, M.C.I.P., R.P.P. Director of Planning Services d~~ Reviewed by: - Franklin Wu, Chief Administrative Officer FL *DJC*sh March 3, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-031-06 PAGE 2 1.0 BACKGROUND 1.1 In June, 2004 the Province released 3 discussion papers dealing with planning reform for consultation. They included Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board (OMS) Reform. 1.2 The major issues that the three Planning Reform discussion papers attempted to address were growth and growth management, especially in the GT NGolden Horseshoe Area, Source Water Protection and what the roles of local and provincial decision-making should be. The Provincial Government have introduced a number of pieces of legislation during their term in office and are attempting to comprehensively bring together all the reforms proposed by the government for land-use planning. 1.3 Sill 51 represents another phase of Provincial Planning Reform initiatives and proposes reforms to the Ontario Municipal Board (OMB) responsibilities and revisions to the Planning Act. The Sill also proposes changes to the Conservation Land Act, the Conveyancing and Law Property Act, the Land Titles Act and the Municipal Act, 2001. 1.4 The Municipality has previously commented on the Discussion Papers through Report No. PSD-105-04 and more recently on the OMB Reform through PSD- 138-05. The conclusions and recommendations of both reports supported the reforms being proposed. 1.5 The purpose of this report is to highlight the changes that Sill 51 will, if and when given final reading and Royal Assent (scheduled for the Spring Session of Parliament), have on the planning process. 2.0 HIGHLIGHTS OF THE PROPOSED PLANNING AND OMB REFORMS 2.1 Bill 51 introduces a series of reforms that build on recent changes to the land-use planning system that were introduced through The Strong Communities Act (Bill 26), the 2005 Provincial Policy Statement (PPS) and the Greenbelt Plan. The proposed reforms are aimed at requiring increased background information, public participation, and pre-consultation early in the planning process. 2.2 The Bill, if passed, would make several legislative and procedural changes including: OMS Reforms . Provide for administrative changes that would create a more open and transparent OMB, and make it more "user-friendly". The reforms also REPORT NO.: PSD-031-06 PAGE 3 endeavour to ensure the most qualified people are hired to serve as OMB members; . Require the OMS to "have regard" for decisions made by municipal council and approval authorities; . Restrict appeals to the OMS in respect of amendments to official plans and zoning by-laws that propose to redesignate employment lands, except at the 5-year municipal comprehensive official plan review stage; . Restrict the scope of information to be considered at OMS hearings to the information and parties that were before the Municipal Council. Any new information from private parties could be referred back to a Municipal Council, if the OMB determines that new information could have caused Council to reach a different decision; and . Restrict the OMS's power to determine appeals of Ministers Zoning Orders if the Minister has given written notice that he/she is of the opinion that all or any part of the requested changes adversely affect matters of provincial interest. New Planninq Tools and Planninq Rules . Expand the list of matters of provincial interest to include the promotion of sustainable development, public transit, and pedestrian oriented development; . Clarify and strengthen the requirements for municipalities to update their official plans and zoning by-laws on a more regular basis; . Enhance the prescribed information and submission requirements (i.e. a complete application) and require pre-consultation prior to the submission of a planning application; . Enhance the scope of community improvement plans. Upper-tier municipalities would be permitted to establish community improvement plans for limited purposes, and municipalities at each level could participate financially in the other level's community improvement plan; . Clarify that a municipality's power to regulate the density of development includes power to regulate minimum and maximum height, and minimum as well as maximum density. Municipalities would also be authorized to impose prescribed conditions on the granting of zoning approvals; . Allow municipalities to establish policies to permit second dwelling units as of right, and to restrict the ability to appeal those policies to the OMB, except at the 5-year comprehensive official plan review stage; and . Provide the ability to apply conditions to zoning, that would obligate the applicant. Other Amendments . Require municipal and provincial planning decisions and documents to be consistent with and conform with the PPS and provincial plans in effect at the time of the decision, not those in place at the time of application; REPORT NO.: PSD-031-06 PAGE 4 . Expand requirements for public notice and information, including the requirement for a public open house at least seven days prior to a statutory public meeting; and . Allow, by regulation, the exemption of an application from the Planning Act approval process, any undertakings that relate to energy that have been approved or exempt under the Environmental Assessment Act. 2.3 The Sill also provides for complementary amendments to the Conservation Land Act, the Conveyancing and Law Property Act, the Land Titles Act and the Municipal Act, 2001. The proposed amendments would provide for the more effective use of conservation easements as a tool to protect agricultural lands and natural heritage features. 3.0 COMMENTS 3.1 The proposed planning and OMS reforms will further enhance municipal planning in Ontario. Bill 51 has included reforms to the OMB that have addressed many of the recommendations of the GTA Task Force on OMB Reform, which were endorsed by Council. Some of the proposed amendments to the Planning Act, such as the requirement to provide complete applications are particularly significant in relation to municipal control over land use planning decisions. The proposed administrative reforms to the OMS also promote a more transparent tribunal. 3.2 The proposed reforms are a positive step toward transforming the OMB to more of an appeal body. Bill 51 will require approval authorities, including the OMB, to have regard for the decisions of municipal councils. Although the reforms fail to address the GTA Task Force's recommendation respecting intervenor funding, the Bill takes a step in the right direction by proposing the creation of a citizen liaison function to help the public navigate through the OMB process. 3.3 Bill 51 does not prescribe how transitional applications (i.e. applications and OMB proceedings commenced prior to the proposed Act coming into force) will be treated. Details regarding implementation of the Sill and specific criteria for some of the proposed amendments (Le. the option to establish local appeal bodies) are expected through a future regulation. 3.4 Since Bill 51 will allow for upper tier municipalities to participate in Community Improvement Plans. The Municipality should request that Durham Region include the appropriate policies in their Official Plan currently under review to allow for the Region's involvement in the provision of grants and loans. 3.5 At the Council meeting of February 13, 2006 Council considered and referred the correspondence from the Municipality of Grey Highlands and the Town of Blue Mountain regarding Clause 23 in Bill 51 to Staff. This clause proposes to allow REPORT NO.: PSD-031-06 PAGE 5 the Lieutenant Governor in Council, by regulation, to exempt all energy projects from the Planning Act approval process if the undertaking or class of undertaking has been duly reviewed and approved under the Environmental Assessment Act. This clause is much the same as the exemption that previously existed in the Planning Act for undertakings by public utilities. Thus, staff would not recommend that council endorse the resolution proposed by either of these Municipalities. 4.0 CONCLUSION 4.1 The Province's latest set of proposed planning reforms provide clear values and a more effective process for the public and municipal councils to engage in local planning matters. The proposed reforms have addressed some of the concerns raised by the Municipality through submissions on the planning reform initiatives. The Proposed Sill 51 has also addressed the recommendations contained in the GTA Task Force on OMS Reform.