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HomeMy WebLinkAboutPD-20-97DWExEMPT.GPA THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # k)cj Date: Monday, February 3, 1997 Res. # � " g _ of T Report #: Subject: PD -20 -97 File #: PLN 1.1.4 By -law # EXEMPTION OF OFFICIAL PLANS AND AMENDMENTS FROM PROVINCIAL OR REGIONAL APPROVALS File: Pin 1.1.4 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -20 -97 be received; 2. THAT the Municipality of Clarington not support the exemption of the Regional Official Plan or amendments resulting from any 5 year review of the Regional Official Plan from Ministerial approval; 3. THAT the Municipality of Clarington support the exemption of all other amendments to the Regional Official Plan from Ministerial approval; 4. THAT the Municipality of Clarington support the exemption of area municipal official plan amendments as proposed in Regional Planning Report 97 -P -13; 5. THAT a copy of Report PD -20 -97 and Council's resolution be sent to the Region of Durham and the Ministry of Municipal Affairs and Housing. 1. BACKGROUND 1.1 Under Bill 20, the Land Use Planning and Protection Act the Planning Act was amended to provide for the Minister of Municipal Affairs to exempt official plans and official plan amendments from the need for ministerial review. It also allowed the Minister to authorize other approval authorities, such as the Region of Durham, to pass by -laws to exempt any or all official plans and amendments subject to their approval. The exemption could be subject to conditions as provided by the approval authority. All exempt decisions are subject to a 20 -day appeal period. �L REPORT The stated purpose of these new provisions of the Planning Act were to streamline the planning process and to allow local planning decisions to be made locally. 1.2 The purpose of this report is: to respond to the Ministry of Municipal Affairs and Housing's proposed Exemption Implementation Strategy (see Attachment #1); and to respond to the Region's proposed process for exempting the Regional Official Plan and local official plan amendments from Ministerial or Regional review respectively. (see Attachment #2) 2. THE MINISTRY'S EXEMPTION IMPLEMENTATION STRATEGY 2.1 The Ministry has been moving towards greater local autonomy over the local planning process for some time. In 1991, the Region was delegated the Minister's approval powers for local official plans and amendments. The Planning Reforms in Bill 163 and Bill 20 have stressed a policy role for the Province and a reduction in provincial involvement in the planning review process. The Ministry considers the exemption of official plans from ministerial review as the next logical step. 2.2 The Ministry's Exemption Implementation Strategy proposes a phasing of implementation. The first phase, to be completed by July 1997, would exempt from ministerial approval all upper tier municipalities that currently have the authority to approve lower tier official plans and amendments. This would include the Region of Durham and its constituent area municipalities. 3. EXEMPTION OF THE REGIONAL OFFICIAL PLAN AND AMENDMENTS FROM APPROVAL 3.1 The Region's response to the Ministry's proposed Exemption Implementation Strategy proposes that the Regional Official Plan and any amendments to it be exempted from Ministerial approval. As a condition of an exemption order from • L f .� illi .� PAGE 3 the Ministry, the Region would be required to consult with the Province prior to the adoption of the official plan or amendment. This procedure is intended to ensure that the Provincial policy perspective is provided and that the Region would then "have regard" for it. 3.2 Staff have some concern with the proposed procedure. Under the existing procedure, after the Region's adoption of a plan or amendment, there is an opportunity through the Province's review process to request changes and negotiate solutions for issues of concern. Acceptable compromises may result in modifications. However, if the plan or amendment is exempted from Ministerial approval, there is no opportunity for dialogue. The only recourse is to appeal the matter to the Ontario Municipal Board within 20 days of the Notice of Regional Council's proposed decision. Once appealed, there is no opportunity for the approval authority to "take back" the issue upon the agreement of the parties: the Board must deal with it even if there is a negotiated solution. This process can be time - consuming and expensive. 3.3 The most complex and significant changes occur during the preparation of a new Regional Official Plan or the 5 year review of the Regional Official Plan. Comprehensive changes would include urban structure issues such as urban area boundaries, allocation of commercial and industrial lands and major transportation infrastructure. While staff support the exemption of official plan amendments, there is a very valuable role for the Province in the review of a new official plan or the 5 year review. Accordingly, it is recommended that the Municipality not support the exemption of the Regional Official Plan or amendments which has implications to all constituent municipalities resulting from a 5 year review of the Regional Official Plan. s . -I I . LEM 4.1 The proposed Implementation Strategy provides for the opportunity for the Region to exempt area municipal official plans and amendment from the current Regional approval process, subject to conditions as may be set out by the Region. Regional Planning staff have proposed to allow exemptions where there are no Regional policy or Provincial policy implications. The Region is required under the Planning Act to ensure implementation of Provincial and Regional planning policies. Accountability to implement Provincial policy remains with the Region whether or not an official plan or amendment is exempt. 4.2 Regional planning staff have not recommended exemption for new official plans and complex amendments. These documents are comprehensive and, as noted by Regional staff they can have "significant implications for Regional policy and infrastructure If exempted, the only recourse to resolve disputes is an appeal to the Ontario Municipal Board which the Region does not consider desirable. The opportunity to seek solutions and minimize issues that might be referred to the Ontario Municipal Board is not possible under the exemption process. 4.3 Regional staff have recognized, however, that there are many site - specific or issue - specific local plan amendments that currently require Regional approval. These do not have any regional or provincial implications, are usually small in scale, and often related to specific development applications. In many cases they have related applications for zoning. Regional staff propose to exempt these types of applications. The Region's exemption would be provided at the time when the application is circulated for Regional comments. 650 .� 4 .� PAGE 5 4.4 The Region's proposed criteria for exemption, outlined below, would be the basis for preparing a Regional by -law and amending administrative procedures. The proposed exemption criteria are; • exemption of text amendments or site - specific amendments that are not comprehensive (Official plan, or a secondary plan, or a major policy change affecting such matters as settlement area boundaries and environmentally sensitive areas are considered comprehensive); conformity to the Durham Regional Official Plan; • regard for the Provincial Policy Statement; • compliance with other matters of Regional interest, such as any Regional by -law, approved capital budget, infrastructure capacities or technical requirements under other legislation (eg. MOEE Guidelines for contaminated sites); • consistency with the Region's adopted procedures for the processing of Area Municipal Official Plan Amendments; • consultation with the Region on the proposed official plan amendment upon initiation and prior to adoption, and incorporation of modifications recommended by the Region to address matters of regional and provincial policy; and • certification by the area municipality's planning official that any changes made to the adopted official plan amendment by the Area Municipal Council, subsequent to the Region providing comments do not conflict with concerns, modifications and requirements previously specified by the Regional Planning Department. 4.5 The Region estimates that approximately half of the local plan amendments they have processed from 1994 would have qualified for the exemption. A review of amendments from Clarington since 1994 would indicate that approximately 75 % of the local plan amendments in Clarington would have qualified. 4.6 Staff concurwith the Region's proposal to exempt non - comprehensive official plan amendments. There would be a time savings to the applicant. From the Municipality's perspective, there would some additional administrative effort to W PAGE 6 undertake the approval authority functions such as issuing a "Notice of Decision" and certifying compliance with statutory requirements. On the other hand, new official plans or comprehensive amendments would still be subject to Regional approval and in the event of disputes, the Region would have an opportunity for informal problem solving of differences between parties. It is therefore recommended that the Region's proposed approach for exempting local official plans be endorsed. 5. CONCLUSION It is recommended that: • the proposed exemption of preparation of a new Regional official plan or any amendments as a result of five year reviews of the Regional Official Plan not be supported; • the proposed exemption of all other amendments to the Regional Official Plan be supported; • the proposed exemption of non - comprehensive amendments to the local official plans be supported. W REPORT NO.: PD-20-97 PAGE Respectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning and Development DC*FW*df 24 January 1997 Reviewed by, /I CA 41(11- W.H. Stockwell Chief Administrative Officer Attachment No. 1: Letter from Al Leach, Minister of Municipal Affairs and Housing, dated November 18, 1996 and the Proposed Exemption Implementation Strategy, dated November 1996 Attachment No. 2: Regional Commissioner's Report 97-P-13 "Exemption of Official Plans and Amendments from Provincial and Regional Approval" 653 ATTACHMENT NO. 1 Ministry of Municipal Affairs and Housing office of the Minister 777 Bay Street Toronto ON M5G 2E5 (416) 585 -7000 November 18, 1996 Minist6re des Affaires municipales et du Logement Bureau du ministre 777 rue Bay Toronto ON M5G 2E5 (416) 585 -7000 NOY 25 1121 AN 196 Al I 4 Z9 _ Qj �.: -� A7 �r ®q® f I Tt'1�) ��Uii t "111 .i?^A; l� i� i' v{� C tAF), iUCA ON r `d'WNG DEPARTMENT ALL HEADS OF COUNCIL, PLANNING BOARD CHAIRS AND AMO EXECUTIVE I am pleased to provide you with a draft implementation strategy for the exemption provisions introduced in the Land Use Planning and Protection Act, 1996 (Bill 20). As I announced during second reading of the Bill, the Government is committed to a sound, efficient and effective planning system, led by provincial policy and implemented by municipal- decisions on planning proposals. Our goal is to enhance local autonomy and to streamline decision making by eliminating unnecessary overlap and duplication. This type of system is dependent on cooperation, integrity and support from all players in the planning system including; the Province, municipalities, planning boards, the development industry and other stakeholder groups. During consultation on Bill 20, the Association of Municipalities of Ontario (AMO) recommended legislative amendments to the Planning Act to implement a community based planning model, which allowed for greater autonomy in making local planning and development decisions. The Government listened and included provisions in Bill 20 that would allow exemption from approval authority for Official Plans and amendments, leading to one level of government approving planning documents. The attached draft im lementation strategy proposes a roll out of exemption in keeping with AMO's expec ahons on a ro osed course o action to exempt offs ' p..lA-�.d _amendme , . acXAss the Province from ministerial and upper tier agprovalThe purpose of the strategy is to stimulate discussion on the issue and to obtain your comments, especially in terms of the impact exemption may have on your business plans. In this regard, we will be. consulting with municipalities, planning boards and interested parties during the next 6 weeks to ensure that implementation can best work for those who will become responsible for the approvals and how the Province can best support the system. Should you have any questions about the upcoming consultation process please contact Joe Perrotta, Senioi Planner, at (416) 585 -6109 or Paul Featherstone, Senior Planner, at (416) 585 -6044 of the Provincial Planning Services Branch. For your convenience, the Implementation Strategy will also be available throug our Home Page on the Internet under Land Use Planning. You may respond directly to the Ministry, through consultation meetings or co- ordinate your comments through AMO who will be providing a response on behalf of the Association. I look forward to our continued efforts to improve the Planning Syst •� ; �, Smcerel , , .,• , Al LEa N inister _ Streamlining the Planning Approvals Process A Model for Enhancing Local Control over Planning Decisions PROPOSED EXEMPTION IMPLEMENTATION STRATEGY November 1996 n Introduction The Land Use Planning and Protection Act, passed in May of 1996, streamlines the planning process and allows local planning decisions to be made locally. One of the new Planning Act provisions allows the Minister of Municipal Affairs and Housing to exempt official plans and official plan amendments from the need for ministerial approval. The Act also allows the minister to authorize other approval authorities to exempt plans and amendments subject to their approval. The government's goal is to exempt official plans and official plan amendments from the need for ministerial approval within two years. The Ministry of Municipal Affairs and Housing has held informal discussions with various stakeholders, and has identified a number of issues that need to be addressed. This paper describes a proposed strategy for achieving that goal. It will be a starting point for discussions with municipalities, approval authorities and other stakeholders in the planning process over the next six weeks. These discussions will help make sure exemption decisions are sensitive to the impacts on all stakeholders. Municipalities wishing to comment on the strategy may choose to do so through the Association of Municipalities of Ontario, which has agreed to assist in the coordination of comments. Alternatively, comments may be made directly to the Ministry of Municipal Affairs and Housing. The respective contacts are: Provincial Planning Services Branch Ministry of Municipal Affairs and Housing 777 Bay Street, 14th Floor . Toronto, ON M5G 2E5 Attn: Joe Perrotta or Paul Featherstone Senior Planner Senior Planner Tel. (416) 585 -6109 (416) 585 -6044 Fax (416) 585 -4245 Association of Municipalities of Ontario 250 Bloor Street E, Suite 701 Toronto, ON M4W lE6 Attn: Pat Vanini Senior Policy Advisor Tel. (416) 929 -7573 ext. 316 Fax (416) 929 -7574 656 The Context of Land Use Planning in Ontario Wisely managed growth leads to economically and environmentally sound communities. Good planning means doing things right the first time, and avoiding the need for costly remedial measures to correct problems. The province's resources — its agricultural land base, mineral resources, natural heritage resources, water supply and cultural heritage resources — provide economic, environmental and social benefits. The wise use and protection of these resources over the long term is a key provincial interest. The Land Use Planning and Protection Act gives the province a clear mandate to protect these key provincial interests by setting strong provincial policies. Local decision makers plan while having regard to these policies. The planning system provides a framework for the province and communities across Ontario to work together to promote the continued health and safety of the population and the economic well -being of the province and municipalities. The quality of planning and an efficient planning system are key to the overall health of municipalities. Good planning provides for the efficient use of resources, effective and timely provision of infrastructure, accurate capital forecasting and a more stable financial future. The province will continue to cooperate with municipalities to eliminate overlap and duplication in the system to ensure that good planning decisions can be made in a timely manner. 3 M The Provincial Role in Review and Approval The thrust of the Land Use Planning and Protection Act is to eliminate provincial approval of local planning decisions, while maintaining a supportive rather than directive provincial presence in the planning process. This will be done through timely and consistent interpretation and advice, policy development, training, technical input, shared data and information, a reduced and streamlined review function, and provincial one - window appeal of planning documents. Since 1983, the government has been moving toward greater local autonomy in the planning process. Responsibility for subdivision approval, for example, has been delegated to some capable municipalities, and directly assigned to all regions, all separated cities and some counties. The approach has generally been to allow the municipality to build its capacity before giving it subdivision approval authority. As well, most regional municipalities have been directly assigned the responsibility for approving local official plans and official plan amendments. In Northern Ontario, the government plans to transfer responsibility for zoning matters from the Minister of Municipal Affairs and Housing to planning boards by deeming minister's zoning orders to be zoning by -laws. Exempting official plans and official plan amendments from the need for ministerial approval is a logical next step in this move toward greater municipal authority for local planning matters. At the same time, the government began early in 1996 to reduce provincial review of most planning applications that are now the responsibility of municipalities with planning approval authority. This reduction is being done incrementally, beginning with regional governments and moving to separated cities, counties and planning boards. Reduced provincial review means that other ministries will no longer provide direct comments on applications. Rather, municipalities and planning boards will be responsible for reviewing applications such as subdivisions, consents and zoning as if they were provincial ministries. With regard to official plans and amendments, municipalities will also perform this function. However MMAH will coordinate a provincial review /response for all provincial policy interests. This one - window planning service was established by the government for provincial input, review, appeals and, where the province continues to approve applications, approval. Issues Identified Durinia Informal Discussions with Stakeholders The government's objective is to exempt official plans and amendments in a timely, efficient and effective manner, protecting provincial interests, improving customer service, recognizing local diversity and capability and maintaining performance in the planning system. A number of issues must be addressed as the government accomplishes this objective. 4 �' Protection of Provincial Interests Exemption of approval authority does not mean that provincial interests can or would be ignored. Ontario's planning process offers a number of alternative ways to protect those provincial interests: • The Planning Act requires municipalities to have regard to the provincial policy. statement in all planning decisions. • The province retains an active role in policy development, education, training, plan input, review and appeals. • New provincial planning services will focus on pre - consultation on important municipal planning documents. The province will continue to work with municipalities to ensure that provincial interests are identified and understood by municipalities. • The province will establish performance measures and review the performance of the system to ensure its integrity. • The minister can revoke an exemption order if he deems it necessary. No Official Plan Many counties have no official plan. In those counties, there would be nothing to exempt. However, in counties where there is no official plan, the minister remains the approval authority for local plans. The minister could therefore consider a number of options to deal with the situation such as directly exempting those lower tier plans and supporting the establishment of MPAs while exempting them from provincial approval. Alternatively, the province could delegate approval authority to the county for local plans, whether the county has an official plan or not. Municipal Capability Municipalities and planning boards currently process and adopt official plans and amendments which are then sent to another level for final approval. Where there is little development pressure or planning activity, a municipality may wish to consider carrying out its planning responsibilities through the use of consultants, buying services from the upper tier or sharing services with neighbouring municipalities. These alternative forms of delivering planning services may be more cost effective than the municipality carrying them out itself. The Provincial Planning Services Branch is also available to help municipalities build their planning capacity. 5 16 Subdivision Approval Authority The province currently retains subdivision approval in 18 of the 27 counties, all planning boards, Northern Ontario towns and townships. The goal of municipal accountability and streamlining in planning decisions should apply to subdivisions as it does to policy documents. In those areas where the province currently approves subdivisions, the government will consider delegating subdivision approval as a first step toward exempting official plans from the need for ministerial approval. This would give the municipality time to establish planning practices and administration. Since the province is no longer reviewing subdivision applications, provincial planners will have to help some municipalities through the Municipal Plan Review initiative to build their capacity. Exemption could follow quickly afterwards. Delegation of Other Approval Authority Along with the delegation of subdivision approval authority the province is also considering the delegation of approval authority for other types of planning applications such as community improvement plans, consents, road closings less than 20 metres wide and those on registered plans. Planning documents in process before the Ministry will also be considered for delegation. Municipal Restructuring Structural changes, such as movement toward single tier government, will affect the exemption implementation strategy. Municipalities involved in restructuring, or in the formation of municipal planning authorities, will be in the best position to advise the government about the impact of exemption, and whether or not the timetable should be adjusted in their case. In other areas, regional governance issues are being examined. Until a provincial direction is established for these initiatives, implementation of exemption would be deferred. Planning in the North There are 22 planning boards covering parts of Northern Ontario. They vary in terms of their administration, structure, function, financing, planning practices and activity levels. R Issues of structure, funding and representation need to be addressed as part of the assessment of eligibility for exemption. Strategies for addressing these issues will be co- ordinated with the Ministry of Northern Development and Mines and should be considered in the context of municipal restructuring, municipal finance reform and Municipal Act reform. Exemption, like municipal plan review, may be difficult to implement where funding and/or municipal support for planning boards decreases. Proposed Implementation Strategy The province proposes to accomplish exemption by integrating it with the use of delegation and the municipal plan review initiative. In effect, exemption from the minister's approval authority is the logical final stage in the elimination of overlap and duplication in planning. Many municipalities have already taken responsibility for plan input and review. In so doing, some see exemption as an appropriate step at the early stages of municipal plan review. The implementation strategy must be flexible and responsive to each municipality and planning board's assessment of its own situation. This consultation period will allow each municipality to assess the exemption strategy, consider local plan review implications and determine at what stage over the next two years it may fit into the strategy. The province would like to hear from upper and lower tier municipalities together, in order to appreciate and consider all concerns, desires and implications. To ensure that provincial policies are understood and considered in the planning approvals process, and that the system is working as it should, the province, in consultation with the municipal sector, will establish benchmarks and performance measures that will allow for performance reviews of municipal planning services. In addition to the ongoing plan input review and monitoring, an overall review will be undertaken three to five years after implementation to assess the effectiveness and efficiency of the system and to consider any trends and opportunities that become evident during the monitoring process. Proposed Timetable The following proposed timetable deals with the exemption of official plans and amendments currently subject to the minister's approval, and providing authorization of upper tier municipalities to exempt lower tier plans and amendments. The government expects the subsequent exemption to come after further discussions between the upper tier approval authorities and the lower tier municipalities in the context 7 661 of municipal plan review. The ministry intends to discuss, with approval authorities, the potential for exemption of local official plans and amendments and how provincial and upper -tier interests would be protected. The following phases of implementation are proposed to apply to relevant planning applications noted therein. The implementation also recognizes the evolving municipal plan review timetable and is intended to serve as a starting point for discussions with municipalities. The government is proposing complete exemption without conditions or criteria. The consultation process may result in changes to the phasing components or the timetable. Phase 1: January to July, 1997 ► Exempt from ministerial approval all upper tier municipalities that currently have the authority to approve lower tier official plan and amendments. ► Exempt from ministerial approval all separated cities, the City of Sarnia and the Town of Orangeville. ► Exempt from ministerial approval the Region of Sudbury and Counties of Oxford and Prince Edward, who provide a single level of planning service. ► Delegate the minister's authority to approve lower tier official plans and amendments to the Counties of Victoria and Huron. ► Delegate the minister's authority to approve consents to all planning boards that presently do not have the authority. Phase 2: July to December. 1997 ► Exempt from ministerial approval the Counties of Victoria and Huron. ► Delegate lower tier official plan approval authority to counties assigned subdivision approval authority under Bill 20. These include Bruce, Grey, Hastings, Peterborough, Lambton and Wellington. ► Delegate subdivision approval authority in the remainder of counties with planning departments. Delegate subdivision approval authority to municipal planning authorities. 662 ► Delegate the minister's authority to approve consents to the remainder of northern municipalities that presently do not have the authority. Phase 3: January to July, 1998 ► Exempt counties that were assigned subdivision approval under Bill 20 (Bruce Grey, Hastings, Peterborough, Lambton and Wellington). ► Delegate lower tier official plan approval authority to municipal planning authorities. ► Delegate lower tier official plan approval authority to remainder of counties with planning departments. ► Delegate subdivision approval authority to lower tier municipalities within Counties that do not currently have a county plan and/or planning department (Brant, Dufferin, Elgin, Essex, Haliburton, Lanark, Leeds & Grenville and Northumberland) ► Delegate subdivision approval authority to planning boards and municipalities within districts outside of planning boards. Phase 4: July to December, 1998 ► Exempt counties delegated official plan approval authority in Phase 3 as appropriate. ► Exempt lower tier municipalities within counties that do not currently have a county plan and/or planning department. ► Exempt planning boards and municipalities within districts outside of planning boards from minister's approval authority. 0 663 Consultation on implementation: Discussion Points with Municipalities, Planning Officials and Associations: ► The province is seeking advice from AMO, individual municipalities and planning boards on a number of issues: o How prepared are individual municipalities to assume approvals? • Is the proposed timing right for them? • What alternatives have municipalities considered for obtaining planning services? (These could include hiring consultants, using upper tier planning services, establishing their own planning department, municipal restructuring, sharing services with a neighbouring municipality) • How will the new planning services fit into a municipal restructuring framework? • Does the implementation of the exemption provision affect current discussions regarding alternative forms of delivering planning services? • What ideas do municipalities have on performance measures and benchmarks? • What criteria might be used to assess the most appropriate approach to planning board exemptions? • Can planning board exemptions be phased in line with northern governance issues? i.e. the introduction of fees, etc. ► The discussion period will also give municipalities and planning boards a chance to determine what impact delegation and exemption may have on their operations. Administrative and practical changes may be required to assume new responsibilities. Discussion Points with Provincial Agencies: ► What protocols will have to be established for new planning service initiatives as a result of exemption? ► How should the province, through AMO, OPPI and other associations, provide education and training for municipalities and planning boards preparing to assume these responsibilities? ► How should the province monitor how well provincial interests are being protected? What benchmarking and performance measures need to be established? ► What sort of performance review or audit program should be put in place? 10 664 ATTACHMENT NO. 2 Planning Department = : Commissioner's Report to Planning Committee Report No. 97 -P -13 Date: January 21, 1997 M Exemption of Official Plans and Amendments from Provincial and Regional Approvals, File: 2.5 Correspondence No. 96 -522 dated November 18, 1996, from the Honorable Al Leach, Minister, Ministry of Municipal Affairs and Housing RECOMMENDATIONS 1. THAT the Region supports the proposal to exempt the Regional Official Plan and Amendments from Ministerial approval; 2. THAT area municipal official plan amendments that meet the criteria contained in this report, be exempt from Regional approval; 3. THAT, upon authorization by the Minister, the Regional Solicitor bring forward a Regional by -law in accordance with the Planning Act (revised by Bill 20), to implement the criteria for exempting area municipal official plan amendments; 4. THAT the Planning Department bring forward amendments to Council's procedures for processing Regional official plan amendments and area - municipal official plan amendments, in anticipation of the Ministerial order; 5. THAT the Planning Department consult with area municipal staff during the preparation of the new procedures for exempting area municipal official plan amendments; and 6. THAT a copy of Commissioner's Report 97 -P -13 be sent to the Area Municipalities, and the Ministry of Municipal Affairs and Housing. 65 665 Commissioner's Report No. 97 -P -13 1. Purpose 1.1 The purpose of this report is: Page 2 to respond to the Ministry of Municipal Affairs and Housing's proposed implementation strategy for exemption of official plans and amendments from Provincial approval, and to present and obtain endorsement of an approach for the exemption of area municipal official plan amendments from the Region's approval. 2. Background 2.1 The amended Planning Act (the "Act ") allows the Minister of Municipal Affairs and Housing (MMAH), by order, to exempt the Durham Regional Official Plan or any or all Regional Plan amendments from Ministerial approval, subject to such conditions as may be applied. The Act also provides for the Minister to authorize the Region, by order, to pass a by -law to exempt any or all local official plans or amendments from Regional approval. This exemption would be subject to such conditions as may be required by the Region. The Act provides that all exempt decisions are subject to a 20 -day appeal period. 2.2 On November 18, 1996, the Ministry of Municipal Affairs and Housing released a Proposed Exemption Implementation Strategy (refer to Attachment 1). The Strategy proposes to exempt the Region's Official Plan and Amendments from the Minister's approval, by July of 1997. 3. Exemption of the Regional Official Plan and Amendments from Approval 3.1 The proposed exemption recognizes the maturity of the Regional planning process, which has evolved over the last 20 years: It would streamline the approval process by further reducing the direct involvement of the Province in planning in- Durham Region. Exemption will further enhance the role of regional planning. Council's decisions on the Official Plan and amendments, will be the primary mechanisms for implementing Provincial policy. It is recommended that Council indicate to the Minister its support for this proposal. G B. ••• Commissioner's Report No. 97 -P -13 Page 3 3.2 Implementation of this action would necessitate some changes to current Council procedures for processing Regional Official Plan amendments. This would be undertaken through a further report to Planning Committee. 3.3 As a condition of the exemption order, the Minister proposes that the Region continue to consult with MMAH prior to adoption of an official plan 'or amendment. This will ensure that Regional Council has the Provincial policy perspective and can "have regard for it" in its decisions. In the event the Minister does not agree, the Regional decision can be appealed within the 20 day appeal period. 4. Exemption of Local Official Plans and Amendments from Regional Approval 4.1 The proposed MMAH Strategy also refers to an opportunity provided in the Planning Act for the Region to exempt area municipal official plans and amendments from the current Regional approval process, subject to conditions as may be set out by the Region. To implement this, the Act provides the Region with the opportunity to pass a by -law specifying the conditions under which exemptions would apply. An approach allowing exemptions where there are no Regional policy or Provincial policy implications is considered to have merit. It is noted that the Region is required by the Act to ensure implementation of Regional and Provincial planning policies. This accountability applies whether or not an official plan or amendment is exempt. Where an official plan or amendment is exempt, the only recourse left to the Region will be to appeal to the Ontario Municipal Board (OMB) within 20 days of the local Council decision. Bill 20 provides no options for the "informal" review and adjustment of exempted official plan amendments other than through an OMB hearing. The current approval process provides the Region with the opportunity to seek solutions with the affected parties and thus minimize the issues before the Board. Once an official plan or amendment is appealed to the OMB, a Council cannot "take 'back" the matter, even if a solution is found. U11 7 667 Commissioner's Report No. 97 -P -13 Page 4 4.2 While exemptions are considered to have merit, it is not recommended for official plans and complex amendments. These documents are comprehensive and, unless scrutinized in detail, can have significant implications on Regional policy and infrastructure programs, as well as provincial interests. if a local official plan were exempt, the only recourse would be for the Region to appeal, which is not desirable. The current approach, where Regional Council considers approval of the official plan, provides an opportunity for ensuring conformity with Regional policy, having regard for provincial policy, problem solving and reducing differences between parties. 4.3 In other circumstances, many site - specific or issue - specific local amendments that currently require Regional approval, are small in scale or technical in nature. They usually do not affect regional or provincial policy interests. This type of amendment should be exempt. 4.4 In anticipation of a Ministerial exemption order in the near future, it is proposed that Council endorse an approach that will exempt certain types of amendments from Regional approval. Criteria for exempting local official plan amendments have been identified. These criteria can be used as the basis for preparing a Regional by -law and other implementation actions. The following criteria are recommended: • exemption of text amendments or site - specific amendments that are not comprehensive (Official plan, or a secondary plan, or a major - policy change affecting such matters as settlement area boundaries and environmentally sensitive areas are considered comprehensive); • conformity to the Durham Regional Official Plan; • regard for the Provincial Policy Statement; • compliance with other matters of Regional interest, such as any Regional by -law, approved capital budget, infrastructure capacities or technical requirements under other legislation (eg. MOEE Guidelines for contaminated sites); • consistency with.the Region's adopted procedures for the processing of Area Municipal Official Plan Amendmenm; E8 668 Commissioner's Report No. 97 -P -13 Page 5 consultation with the Region on the proposed official plan amendment upon initiation and prior to adoption, and incorporation of modifications recommended by the Region to address matters of regional and provincial policy; and certification by the area municipality's planning official that any changes made to the adopted official plan amendment by the Area Municipal Council, subsequent to the Region providing comments, do not conflict with concerns, modifications and requirements previously specified by the Regional Planning Department. 4.5 An examination of local official plan amendments processed by the Region since 1994, indicates that approximately half of the amendments would have qualified for exemption. From the applicant's perspective, the time savings from the new exemption procedure, would be in the order of 5 to 10 days per amendment. Staff time would not be required to review and prepare- reports and documents for approvals. Therefore, there are some identifiable savings for the Region. Administrative responsibility for issuing a final "Notice of Decision" and certifying compliance with the statutory requirements would be activities transferred to the area municipalities through exemption. 4.6 Implementation of the proposed exemption approach for area municipal official plan amendments, will require the preparation of administrative procedures. Procedures will be. prepared and brought forward, after consultation with the area municipalities. 5. Conclusion 5.1 On the basis of the above, it is recommended: • that Council inform the Minister of Municipal Affairs and Housing that it supports the proposed time -table for exempting the Durham Regional Official Plan and Amendments from Ministerial approval; • that Council adopt criteria for exemption of certain types of area municipal official plan amendments from Regional approval; G.9 669 Commissioner's Report No. 97 -P -13 Page 6 • that the Regional Solicitor be authorized to bring forward a Regional By -law to implement these exemption provisions for area municipal official plan amendments; • that amendments to Council's procedures for processing Regional official plan amendments and area municipal official plan amendments be prepared in anticipation of aforementioned Ministerial orders; and • that the Planning Department consult with area municipal staff during the preparation of new procedures for exempting area municipal official plan amendments. It A. L. Georg Wff M �., R.P.P. Commissi r la Wing Attachment: 1 - Correspondence No. 96 -522 dated November 18, 1996, from the Honorable Al Leach, Minister, Ministry of Municipal Affairs and Housing, with attached Proposed Exemption Implementation Strategy RECOMMENDED FOR PRESENTATION TO COMMITTEE �. • HAWP \1 -1 \EXEMPTIO.JWB 70 670 �c