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Home My WebLink AboutCLD-019-18Clarftwn Clerk's Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 4, 2018 Report Number: CLD -019-18 File Number: Resolution: GG -397-18 By-law Number: 2018-073 Report Subject: Amendment to Procedural Recommendations: That Report CLD -019-18 be received; 2. That the draft By-law attached to Report CLD -019-18, being an amending by-law to the Procedural By-law, 2015-029 be approved to include a clause to address circumstances where notice is received from the Local Planning Appeal Tribunal (LPAT) that gives Council the opportunity to make a new decision in respect of an Official Plan or Zoning By-law. Municipality of Clarington CLD -019-18 Report Overview Page 2 This Report recommends an amendment to the Procedural By-law 2015-029 to respond to newly enacted Local Planning Authority Tribunal (LPAT) processes. 1. Background On December 12, 2017, Bill 139 received Royal Assent and with it came the enactment of several important legislative changes. On April 3, 2018 the legislation came into force. The Local Planning Appeal Tribunal Act, 2017 has now replaced the Ontario Municipal Board Act, and the new legislation outlines the LPAT's authority, jurisdiction, and procedures. Section 32 of the Local Planning Appeal Tribunal Act, 2017 grants authority to LPAT to establish the rules of its practices and procedures which apply to all matters and proceedings before the Tribunal. 1.1 This Report focuses on certain changes to the requirements for a valid appeal of an Official Plan or a Zoning By-law, and on Rule 27 of the Tribunal's Rules of Practice and Procedure which states: RULE 27 TRIBUNAL DETERMINATION AND REMISSION OF DECISION TO MUNICIPAL COUNCIL/APPROVAL AUTHORITY IN THE EVENT OF A PROCEEDING INITIATED UNDER SUBSECTION 17 (24), (36), 22 (7),34 (11) AND (19) OF THE PLANNING ACT 27.01 Identification of Failure of Consistency or Conformity -- Where the Tribunal has determined in the appeal before it that there is a lack of consistency with a policy statement issued under subsection 3(1) of the Planning Act or a failure to conform with, or a conflict with, a provincial plan or applicable official plan, the Tribunal will set forth in a written decision its specific findings in that regard, which decision shall be issued and delivered to the Municipal Council/Approval Authority and the other parties to the appeal_ 27.02 Identification of Options to Achieve Compliance -- In the written decision referred to in Rule 27.01, the Tribunal may, but is not obliged to, identify one or more options to remedy the inconsistency or conflict or lack of conformity. 27.03 Appeal of a New Decision or Non -Decision -- The requirements to initiate a proceeding and notice of hearing appointment set out in the provisions of these Rules shall apply in the event of any appeal of a new decision or non -decision following the remission of an appeal to municipal council, and the Rules in Part shall apply to the disposition of that proceeding. 1.2 A "new decision" [see Rule 27.03 above] means the disposition of the municipality or the approval authority in respect of an appeal authorized under subsection 17(24), 17(36), Municipality of Clarington Page 3 Report CLD -019-18 22(7), 34(11) and 34(19) of the Planning Act for which the municipality or approval authority was provided an opportunity to make another decision following a hearing by the Tribunal. 1.3 Effectively what Rule 27 is establishing is that in its written decision on an appeal of a Council decision, the Tribunal may provide an option for Council to make a new decision on a land use planning matter that is consistent with, conforms with, and does not conflict with Provincial policy. 1.4 Clarington's Procedural By-law, 2015-029, section 10.12.28, sets out the procedure for Council to reconsider a resolution, by-law, or any question or matter previously adopted by Council. Reconsideration 10.12.28 A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: a) A Procedural Notice of Motion has been introduced according to the procedure for Procedural Notice of Motion, provided for in Sub -section 7.13; b) Debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; c) No discussion of the main substantive motion shall be allowed until the motion for reconsideration is carried; d) Such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re -opened for debate; e) If a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and f) A vote to reconsider a particular matter or decision will not be considered more than once during the term of Council. Municipality of Clarington Page 4 Report CLD -019-18 2. Discussion 2.1 Clarington's current Procedural By-law does not expressly provide for a procedure to administer an LPAT decision that provides an option for Council to make a new decision on a land use planning matter. 2.2 To accommodate this "new decision" process, it is recommended that the Procedural By- law be amended to clarify the process for Council's consideration of the LPAT refusal and opportunity to make a new decision. 2.3 The recommended process is that the Director of Planning Services and the Municipal Solicitor will consider the content of the LPAT decision and will Report to the Planning and Development Committee as soon as is practically possible with the background and a new recommendation for Committee's consideration. 2.4 The proposed amendment included as Attachment 1 to this report, will meet the requirements of the new process and ensure that the matter is not delayed. 10.12.28.1 Where a written decision of the Local Planning Appeal Tribunal [LPAT] identifies findings with regard to an appeal and delivers those findings to Council to make a new decision, the matter shall be placed as soon as practicable on the PD Committee meeting agenda by way of a staff report, following receipt of the written decision from LPAT. The matter shall be deemed not to be a "reconsideration" under section 10. 12.2 8 of this By- law_ 3. Concurrence This Report has been reviewed by the Municipal Solicitor and the Director of Planning Services who concur with the recommendations. 4. Conclusion The new LPAT process is intended to place the decision making powers on the local authority. Staff's position is that recommended process and amendment is consistent with the intent of the LPAT process. Based on the foregoing, it is respectfully recommended that the draft bylaw, being attachment 1 to this Report, be approved by Council to accommodate the new requirements under the LPAT procedures. Municipality of Clarington Resort CLD -019-18 5. Strategic Plan Application The recommendations contained in this Report conform to the Strategic Plan. 44,x Submitted by: C. Anne Greentree, B.A., CMO, Municipal Clerk Page 5 Reviewed by: Andrew C. Allison, B. Comm, LL.B CAO Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or agreentree@clarington. net Attachments: Attachment 1 - By-law to amend the Procedural By-law There are no interested parties to be notified of Council's decision. Municipality of Clarington Attachment 1 to Report CLD -019-18 If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2018 -XXX Being a by-law to amend the Procedural By-law 2015-029. Whereas Section 32 of the Local Planning Appeal Tribunal Act, 2017 grants authority to Local Planning Appeal Tribunal, to establish the rules of its practices and procedures which apply to all matters and proceedings before the Tribunal; Whereas The Planning Act, provides that where the Tribunal refuses to approve part of the plan or by-law, the Tribunal shall notify the clerk of the municipality that adopted the plan or by- law that the municipality is being given an opportunity to make a new decision in respect of the matter; Whereas Section 10.12.28 of Procedural By-law 2015-029 sets out the rules for Council to reconsider a resolution, by-law or any question or matter; Now therefore the Council of the Municipality of Clarington enacts That the Procedural By-law 2015-029 is amended to add the following new section: 10.12.28.1 Where a written decision of the Local Planning Appeal Tribunal (LPAT) identifies findings with regard to an appeal and delivers those findings to Council to make a new decision, the matter shall be placed as soon as practicable on the P❑ Committee meeting agenda by way of a staff report, following receipt of the written decision from LPAT. The matter shall be deemed not to be a "reconsideration" under section 10. 12.28 of this By- law. Passed in Open Council this 17th day of September, 2018. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk