HomeMy WebLinkAboutPSD-006-04
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
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By-law #:
PSD-006-04
File #: PLN 1,1,7.4
Date:
Monday, January 12, 2004
Report #:
Subject:
BILL 26, STRONG COMMUNITIES ACT (PLANNING AMENDMENT), 2003
EFFECT ON APPLICATIONS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-006-04 be received for information; and
2, THAT the applicants affected be notified.
Submitted by:
Reviewed byd~~
Franklin Wu,
Chief Administrative Officer
avi J, Crome, M,C,I.P" R.P,P,
Director of Planning Services
FL *DJC*df
6 January 2004
CORPORATION OF THE MUNICIPALITY OF ClARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD-006-04
PAGE 2
1.0 BACKGROUND
1,1 Bill 26, An Act (Strong Communities Act) to amend the Planning Act was introduced on
December 15, 2003. The purpose of the Bill is to strengthen municipal control over
planning decisions, The last substantial revisions to the Planning Act were made in
1996, some of the provisions of this Bill resemble those of previous Planning Acts,
1.2 This report highlights the proposed changes to the current Planning Act and how they
will affect applications in Clarington,
2.0 BILL 26 PROPOSALS
2,1 The Bill proposes changing the criteria that must be met when any decisions, comment,
submissions or advice is made or provided by a municipality, local board, planning
board, the provincial government or a board, commission or agency of the provincial
government that affects a land use planning matter. Specifically,
. change the intent of the Planning Act relationship to the Provincial Policy Statements
(PPS) by rewording have "regard to" to must be "consistent with".
. eliminating the deadline of 65 days in which a municipality had to hold a public
meeting with respect to a request for an amendment to an Official Plan has been
removed and the related appeal provision repealed.
. the Bill increases the time period for making decisions before appeals may be made
to the Ontario Municipal Board (OMB) from:
- 90 to 180 days for Official Plans amendments and subdivision applications;
- 90 to 120 days for zoning and holding by-law applications; and
- 60 to 90 days for consent applications.
. deleting the right to appeal to the OMB in respect of amendments to official plans
and zoning by-laws if the application relates to the alternation of a boundary or
creation of an urban settlement area providing that the municipality has not adopted
the amendment.
2,2 Transitional matters relating to applications commenced before the Bill comes into force
will be regulated by the Minister.
2,3 The Act shall be deemed to have come into force on December 15, 2003.
3.0 COMMENTS
3,1 The proposed changes provide strong support for municipal planning, greater
intervention by the Province and constrains the OMB to some extent. Three proposed
changes are particularly significant:
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REPORT NO.: PSO.QOa.Q4
PAGE 3
. prohibiting appeals of proposed urban settlement expansions, or the creation of
new urban settlement areas to the OMB when the municipality has not adopted
(Le. supported) the proposed Official Plan amendment;
. entrenching the Province's ability to identify matters of Provincial interest prior to
commencement of OMB proceedings (Le, within 30 days); and
. shifting authority to make decisions where matters of Provincial interest have
been identified from the OMB to Cabinet.
3,2 The recommendations and prohibitions proposed in Bill 26 reflect the comments and
suggestions from the professional municipal planning community and strengthen the
ability of municipalities to control and manage growth, The proposed legislation will
thwart applications to the OMB by the development community to bypass municipal
concerns. Municipal resources may be better allocated to address urban area
expansion instead of being required to defend Official Plan policies at OMB
proceedings,
3,3 Currently there are three applications proposing to expand settlement area boundaries:
. A proposal by Ridge Pine Park Inc, to expand the Bowmanville Urban Area
Boundary
. A proposal by Mike Riccuito et al to expand the Hampton hamlet boundary
. A proposal by Nash Road Developments Inc, to expand the Courtice Urban area
boundary,
The latter application is also impacted by Bill 27.
The Planning Services Department will notify the applicants,
4.0 CONCLUSIONS
4,1 Bill 26 will result in changes to the Planning Act that strengthen municipal control over
the planning system and may reduce the expenditure of municipal resources to defend
Official Plan policies against urban expansions that are not supported by the
Municipality,
4,2 The Ministry of Municipal Affairs is seeking comments on Bill 26 until March 15, 2004.
The Planning Services Department will continue to evaluate the proposed legislation,
consult with the Region and monitor other area municipalities' comments.
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REPORT NO.: PSO.Q06.Q4
PAGE 4
List of interested parties to be advised of Council's decision:
Ridge Pine Park Inc,
Mr. Roger Howard
17 Dean Street
Brampton, ON L6W 1 M7
Sernas Associates(representative for Ridge Pine Park Inc,)
110 Scotia Court, Unit 41
Whitby, ON L 1 N 8Y7
Mike Ricciuto et al
70 Cawkers Space Cove
Port Perry, ON L9L 1 R6
Peter Tanenbaum
Nash Road Developments Inc,
100 Finch Avenue West
Suite 201
Downsview, ON M3J 7E2
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