The URL can be used to link to this page

Home My WebLink AboutPD-92-96THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DN: B1U_20.GPA REPORT Meeting: General Purpose and Administration Committee File #<<_� �-x= 1996 R 17 d onay, June , Date: Monday, # � Report #: Subject: PD -92 -96 File #: PLN 1.1.4 BILL 20 - LAND USE PLANNING AND PROTECTION ACT FILE: PLN 1.1.4 Recommendations: By -law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD -92 -96 be received for information. 1. BACKGROUND 1.1 Bill 20, which includes the Land Use Planning and Protection Act, received Royal Assent on April 3, 1996 by the Provincial Government and came into effect on May 22, 1996. According to the Minister of Municipal Affairs and Housing, the new legislation will streamline decision - making on land use, provide for greater local autonomy, and continue to protect the environment. 1.2 The legislation also provides regulations for application notices, information requirements, public meetings, decision timeframes, and appeals. The regulations cover plans of subdivision, consents, official plans and plan amendments, zoning by -laws, holding by -laws, interim control by -laws, and minor variance applications. 2. PLANNING SYSTEMS CURRENTLY IN PLACE 2.1 Clarington, similar to all municipalities in Ontario, will have to ensure that all applications are processed according to the regulations in effect at the time an 579 REPORT NO. PD -92 -96 PAGE 2 application was received. For Committee's information, the planning systems in question are: • the system that preceded the 1983 Planning Act; • the system that existed under the 1983 Planning Act (before March 28, 1995 - Bill 163) • the system that existed under Bill 163 (on or after March 28, 1995 and before May 22, 1996) • the system that presently exists under Bill 20 (on or after May 22, 1996) 2.2 For applications which are reviewed by the municipality on or after May 22, 1996, municipal procedures will have to follow the provisions of Bill 20 and the new regulations. This includes revised timeframes for notice, public meeting, and decision notification as well as information requirements of the regulations. 3. HIGHLIGHTS OF THE CHANGES TO THE PLANNING ACT A summary of the draft Bill 20 was previously prepared for Committee and Council's information through Staff Report PD- 143 -95. The purposes of this report is to highlight the changes to the existing Planning Act (Bill 163) as a result of Bill 20 receiving Royal Assent and coming into effect on May 22, 1996. The changes are primarily minor in nature consisting of housekeeping adjustments, clarifying for example the manner in which notice may be given, and the number of public bodies that must be consulted on each application. 3.1 Planning Process • The definition of "public body" has been altered to delete all plan review ministries except for the Ministry of Municipal Affairs and Housing (MMAH). This means that comments on applications from other ministries will be consolidated by MMAH into a single response, thus implementing the "one window" provincial review approach. REPORT NO. PD -92 -96 PAGE 3 • While previous planning decisions had to "be consistent with" provincial policy contained in the former Comprehensive Set of Policy Statements, Bill 20 returns to the "shall have regard to" requirement for implementing the new Provincial Policy Statements. If an application was submitted under Bill 163 and no decision has been made by an approval authority, then the "shall have regard to" provision to the new Provincial Policy Statement will apply to the application. • An application can no longer be dismissed by the Ontario Municipal Board based on prematurity due to the lack of roads and municipal services. • This Act repeals the provisions that were previously enacted to permit self - contained, second dwelling units in houses as of right. Most existing two - unit houses will be "grandfathered" under the new legislation but will be required to meet municipal planning requirements. This matter will be discussed in further detail in subsequent report. • Transition provisions are included in the Act under Sections 74, 74. 1, and 75 to ensure that applications are processed under the provisions of the day. The transition provisions are as follows: i) 1983 Planning Act - Section 74 provides that applications which commenced under the former Act before August 1, 1983 shall be continued and finally disposed of under the former Act. ii) Bill 163 - Section 74.1 provides that applications which commenced on August 1, 1983 and before March 28, 1996 shall be continued and finally disposed of under the Act as it read on March 27, 1995. iii) Bill 20 - Section 75 provides that applications which commenced on or after March 28, 1995 and before May 22, 1996 shall be processed under the Act as it read before May 22, 1996. REPORT NO. PD -92 -96 PAGE 4 3.2 Official Plans and Official Plan Amendment Applications • The Minister of Municipal Affairs and Housing may by order exempt official plans and official plan amendments from requiring approval by the approval authority. If only Council approval was necessary, the process would become more streamlined. • Timeframes have been shortened for this process. A decision on an official plan amendment application must be made within 90 days with the appeal period for an approved amendment being 20 days. • A private official plan amendment can be directly appealed to the OMB if public notice is not given within 45 days or a decision is not made within 90 days. • The 14 day waiting period between the public meeting and the adoption of an official plan amendment has been removed. • Only individuals which made written submissions will receive notice of the decision. 3.3 Subdivision and Condominium Applications • Timeframes have been shortened for this process. A decision on a subdivision or condominium application must be made within 90 days with the appeal period for decisions, draft conditions, or changing of conditions being 20 days. • Notices of the application and the public meeting must be sent to the approval body. The approval body may require the local municipality to give notice of the application, or hold the public meeting, or both. 582 REPORT NO. PD -92 -96 PAGE 5 The allocation of sewer and water capacity may be revoked from subdivision proposals where development is not proceeding. 3.4 Zoning By -Law Applications The ability of a municipality to prohibit development within "areas of natural and cultural features" has been reduced. • Prescribed public bodies are to be given notice of public meeting instead of receiving the notice of passage of the zoning by -law. Notice of passage is only sent to public bodies if they request such notification in writing from the Municipality. • The OMB has the power to dismiss appeals from individuals which made no submissions prior to the decision. • The notice of passing of the by -law must be given within 15 days of passage. • The record and notice of an appeal must be forwarded to the OMB within 15 days after the appeal is launched. 3.5 Consent Applications • Timeframes have been shortened for this process. A decision on a consent application must be made within 60 days with the appeal period being 20 days. • The notice of decision is to be given to MMAH only if requested. • An appeal of a consent to the OMB must contain reasons for the appeal along with the OMB fee. T 583 REPORT NO. PD -92 -96 PAGE 6 3.6 Minor Variance Applications The prescribed information requirements for minor variance applications is now similar to that required for consent applications. 4. STAFF COMMENTS 4.1 Reduced Timeframes for Processing Applications The shortened timeframes introduced by Bill 20 for processing development applications may be difficult to meet in most instances. As a result, Staff will encourage development proponents to consult with municipal staff prior to submitting of applications for approval. Through such a pre - application consultation process, we can ensure the applicant will have prior knowledge of municipal policies, regulations and requirements. This in turn will facilitate the completeness of an application to reduce the time consuming process of revision and resubmission. 4.2 Automatic Appeal to the Ontario Municipal Board An applicant's automatic right to appeal an application to the OMB, where decisions are unfavourable or have not been made in a timely manner, may result in increased involvement by Staff at Board hearings. The frequency of appeals can be reduced through timely processing of applications. 4.3 Revised Procedures and Application Forms The departmental procedures will have to be amended to comply with revised regulations for application notices, public meetings, decision timeframes, and appeals. The application forms and the relevant correspondence must be revised to implement the regulations under Bill 20. All these works are currently underway. 5. CONCLUSIONS 5.1 The information provide in this report is a summary of the changes enacted to the Planning Act through Bill 20 that would affect the Municipality in terms of delivery 584 REPORT NO. PD -92 -96 PAGE 7 of local planning services. Planning staff will continue to administer and adhere to the revised regulations dealing with application notices, public meetings, and decision - making timeframes. Departmental procedures will be adapted and revised to comply with the new requirements of Bill 20. Respectfully submitted, n Franklin Wu, M.C.I.P., R.P.P., Director of Planning and Development RH *LT *FW *cc June 7, 1996 Reviewed by, W. H. Stockwell Chief Administrative Officer 585