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Staff Report
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Report To: Planning and Development Committee
Date of Meeting: October 23, 2023 Report Number: PDS-058-23
Submitted By:
Reviewed By:
File Number:
Carlos Salazar, Director of Planning, and Infrastructure Services
Mary -Anne Dempster, CAO Resolution#:PD-071-23
Report Subject: Proposed Land Division Process
Recommendations:
By-law Number:
1. That Report PDS-058-23, and any related delegations or communication items, be
received for information.
Municipality of Clarington
Report PDS-058-23
Report Overview
Page 2
On October 25, 2022, the Ontario Government introduced legislation under the More
Homes, Built Faster Act (Bill 23), which put forward fundamental changes to the land use
planning system in Ontario. Bill 23 achieved Royal Assent on November 28, 2022. For more
information regarding the implications of Bill 23 and the Municipality's corresponding
comments, refer to the previously prepared report PDS-054-22.pdf.
Under Bill 23, the Region of Durham and six other regional governments were defined as
"Upper -Tier Municipalities without Planning Responsibilities". One aspect of this change
relates to local municipalities having approval authority over subdivisions, condominiums,
land division, and part lot control exemptions. Accordingly, the Region of Durham has
recommended the transfer of the approval authority for consent (land division) applications
to the Region's area municipalities effective January 1, 2024.
The purpose of this report is to (i) introduce and summarize the basis for transitioning the
responsibility of land division from the Region of Durham to the Municipality of Clarington, (ii)
present the Region's recommended transition plan and (iii) provide Staff's preliminary
considerations and options for Councils consideration.
1. Background
Legislative Background
1.1 Bill 23 achieved Royal Assent on November 28t", 2022. Proclamation of certain aspects
of Bill 23 pertaining to several Planning Act amendments, including "Upper -Tier
Municipalities without Planning Responsibilities," remain outstanding. Until proclamation
has occurred (at a date still to be determined), the Region's planning function generally
remains unchanged.
1.2 Bill 97, the "Helping Homebuyers, Protecting Tenants Act" was introduced on April 6,
2023, following which the former Minister of Municipal Affairs and Housing proposed
that provincial facilitators be assigned to undertake an assessment of regional programs
and services. The current status of the regional assessments, including the nature of
the facilitators and the start date(s) is unknown. The Minister's eventual assessment of
the Region may result in further changes to the Region's land use planning
responsibilities.
1.3 On September 5t", 2023, at the Region's Planning and Economic Development
Committee Meeting, Staff brought forth a recommendation to transfer the approval
authority for consent (land division) applications to the Region's area municipalities
effective January 1, 2024 (Report #2023-P-22).
Municipality of Clarington
Report PDS-058-23
Page 3
1.4 The Region is of the opinion that under the current legislative and operational
circumstances, it is appropriate that the Regional Land Division responsibilities be
delegated to the Region's area municipalities at this time. The Region reports that the
area municipalities have advised that they are equipped to assume the role.
Existing Land Division Process
1.5 For clarity, "consent" is the term used in the Planning Act when referring to the creation
of new lots (i.e., severances), lot line adjustments, easements, rights -of -way, and
permission for mortgaging or leasing parts of lots for more than 21 years.
1.6 Currently, the Regional Land Division Committee has the delegated authority for the
granting of consents. Durham is unique within the Greater Toronto and Hamilton Area
(GTHA) whereby Land Division responsibilities are assumed by the Regional Land
Division Committee, with area municipalities simply commenting on applications. In
other jurisdictions in the GTHA, consent responsibilities are assumed by local
Committee of Adjustments (CofAs), with minor variances and related consent
applications considered concurrently.
1.7 Regional Planning Division staff currently provide administrative support and technical
advice to the Regional Land Division Committee through the Secretary -Treasurer and
the Assistant Secretary -Treasurer. These duties currently include:
1.7.1. Assisting landowners and agents in submitting consent applications and
administering the consent process in accordance with the provisions of the
Planning Act;
1.7.2. Scheduling of public meetings, giving Notice of Hearings, preparing and
circulating meeting agendas and materials, taking minutes, recording decisions,
processing appeals, overseeing clearance of conditions, and issuing consent
certificates (stamping deeds);
1.8 Providing liaison among commenting agencies, the public, applicants, agents, and
others involved in the process; and,
1.9 Technical review of consent applications and provides the Land Division Committee
with an assessment of the application's conformity with Regional and provincial policy to
assist the Committee in making its decision.
1.10 The Municipality currently has a commenting role in the land division process and
strictly provides an assessment of the applications conformity with local policy, to assist
the Committee in making its decision and impose any necessary conditions of approval.
Municipality of Clarington
Report PDS-058-23
Page 4
1.11 The Region has indicated that municipalities should expect an average of two consent
applications per month. The following table provides a breakdown of the Municipality's
consent applications by quantity and type in recent years:
Year
Severance (Lot
Creation)
Lot Boundary
Adjustment
Easement
Total
2023 (to date)
11
1
0
12
2022
20
1
1
22
2021
28
1
1
30
Total
59
3
2
64
2. Transition of Land Division
Regional Transition Plan
2.1 Under Section 54 of the Planning Act, the Council of an upper -tier municipality may by
by-law delegate to the Council of a lower -tier municipality the authority to grant
consents. Further, the Council of a lower -tier municipality may, by by-law, delegate the
authority for granting consents to a committee of council, appointed officer or CofA.
2.2 The Region has proposed to convene its final Land Division Committee meeting in
December 2023 and recommends that local CofAs be in a position to consider new
consent applications at their regularly scheduled meetings as early as January 2024.
2.3 The Region has proposed that the last day for accepting applications to the Region's
Land Division Committee will be October 20t", 2023. New applications for consent will
need to be filed with the area municipality commencing on December 1 st, 2023. The by-
law to delegate the authority to grant consent will be presented at the October 25t"
2023, Regional Council meeting.
2.4 Regional staff plan to transfer various documents to each of the area municipalities
including sample letter templates, forms, and standard notices, etc. Additionally,
Regional staff plan to provide training and support to area municipal staff commencing
in October 2023, and then to local CofA members. Regional staff have confirmed they
Municipality of Clarington Page 5
Report PDS-058-23
2.5 will be available for ongoing support should any questions arise through the transition
period.
Options for Council Consideration
2.6 The transition of consent granting authority to the Municipality constitutes a significant
change to the existing land division process. There are several implications that this
report does not evaluate and that Staff will continue to explore in consultation with
Regional and neighbouring municipal staff.
2.7 Based on the available information and Staff's preliminary review, there are three
available directions for the new land division process.
2.8 The first option is consistent with Regional direction and will require Council to delegate
the consent granting authority to the existing Committee of Adjustment.
2.9 Contrary to Regional direction, Staff are considering a second option which would
consist of Council delegating consent granting authority to the existing Planning and
Development Committee (PDC). Historically, Council has only delegated functions and /
or authority to committees after exercising the authority and deeming it to be a function
that is better suited to the respective committee. This secondary option would allow
Council an opportunity to appreciate the scope of land division prior to delegating it to
the CofA.
2.10 Lastly, Section 54 of the Planning Act allows for an appointed officer identified in the by-
law by name or position to be delegated all or part of the consent -granting authority.
Staff are exploring the potential efficiencies of delegating part of the consent granting
authority to the Director of Planning and Infrastructure.
3. Financial Considerations
3.1 The transition of the responsibilities noted in Section 1.7 of this report indicates an
increase in the workload of the Planning and Infrastructure's Development Review
team. Additional review is required to determine whether existing resources can
accommodate this change.
3.2 The transition of consent granting authority to Council and subsequently the PDC and/or
CofA and/or appointed officer will increase the responsibilities of the relevant committee
and/or officer and its supporting staff. Additional review is required to determine whether
existing resources can accommodate this change.
3.3 Following the transition of consent granting authority, consent application fees will be
determined and collected by the Municipality. Additional review by Staff with respect to
application fees and revisions to the Municipality's fee by-law (Schedule E, By-law
2023-044) is required.
Municipality of Clarington
Report PDS-058-23
4. Concurrence
Page 6
4.1 This report has been reviewed by the Deputy CAO/Treasurer who concurs with the
recommendations.
5. Conclusion
5.1 The purpose of this report is to (i) introduce and summarize the basis for transitioning
the responsibility of land division from the Region of Durham to the Municipality of
Clarington, (ii) present the Region's recommended transition plan and (iii) provide
Staff's preliminary considerations and options for Councils consideration.
5.2 Staff are supportive of achieving efficiencies and reducing unnecessary processes. Staff
will continue to work closely with Regional and neighboring municipal staff to ensure
efficiencies and knowledge -sharing throughout the transition.
5.3 Staff will continue to monitor and review the information on this matter as it continues to
become available. We will report back with a detailed analysis of the available options
for a new land division process and related costs for Council's consideration.
Staff Contact: Lucy Pronk, Principal Planner, Development Review Division, Planning and
Infrastructure Services, Extension: 2314