HomeMy WebLinkAboutPD-70-94Subject: ONTARIO GOVERNMENT PLANNING REFORM PACKAGE
Recommendations:.
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD -70 -94 be received for information.
REPORT:
1. BACKGROUND:
1.1 On May 18, 1994, the Honourable Ed Philip, Minister of Municipal
Affairs introduced a reform package on a planning and development
system.
1.2 The package essentially consists of the following:
a) A comprehensive set of Provincial Policy Statements;
b) Bill 163; An Act to revise the Ontario Planning and
Development Act, the Municipal Conflict of Interest Act, to
amend the Planning Act, the Municipal Act and to amend other
statutes related to planning and municipal matters.
1.3 In addition to the foregoing, the Minister also announced that the
Provincial Facilitator, Dale Martin, will chair a new 12 member
Advisory Task Force to help implement the Government's new land use
planning system.
1.4 Copies of the Minister's News Release are attached to this Report.
Due to the substantial length of the entire package, it is not
being reproduced to be included in the agenda. It is available in
the Planning Department for review.
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THIS N PR'MED M RECYCLED PAPER
REPORT NO.: PD -70 -94 PAGE 2
2. PURPOSE:
2.1 The purpose of this Staff Report is to summarize the key points of
the "Government Package" for the information of Council members.
3. COMPREHENSIVE POLICY STATEMENTS:
3.1 The Comprehensive Set of Policy Statements include the following:
a) Natural Heritage, Environmental Protection, and Hazard
Policies;
b) Economic, Community Improvement and Infrastructure Policies;
C) Housing Policies;
d) Agriculture Land Policies;
e) Conservation Policies;
f) Mineral Aggregate, Mineral and Petroleum Resources Policies;
and
g) Interpretation and Implementation.
3.2 Under the Natural Heritage, Environmental Protection and Hazard
Policies, the goals are:
a) To protect the quality and integrity of ecosystems, including
air, water, land, and biota; and, where quality and integrity
have been diminished, to encourage restoration or remediation
to healthy conditions;
b) To ensure that wetlands are identified and adequately
protected through the land use planning process and to achieve
no loss of provincially significant wetlands; and
C) To ensure that development is not permitted in areas where
site conditions or location may pose a danger to public safety
or public health or result in property damage; and to
encourage a co- ordinated approach to the use of land and the
management of water in areas subject to flooding in order to
minimize social disruption.
3.3 Under the Economic, Community Improvement, and Infrastructure
Policies, the goal is to manage growth and change to foster
communities that are socially, economically, environmentally, and
culturally healthy, and that make efficient use of land, new and
existing infrastructure, and public services and facilities.
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REPORT NO.: PD -70 -94 PAGE 3
3.4 As for Housing Policies, the goal is to provide opportunities in
each municipality for the creation of housing that is affordable,
accessible, adequate and appropriate to the full range of present
and expected households in the housing market area.
3.5 The Agriculture Land Policies calls for protection of prime
agricultural areas for long -term agricultural use.
3.6 Under the Conservation Policies, the goal is to encourage energy
conservation, water conservation, and the reduction, re -use and
recycling of waste.
3.7 As the Mineral Aggregate, Mineral and Petroleum Resource Policies,
the goals are:
a) To ensure all parts of Ontario possessing mineral aggregates,
an essential non - renewable resource to the overall development
of any area, share a responsibility to identify and protect
mineral aggregate resources and legally existing pits and
quarries to ensure mineral aggregates are available at a
reasonable cost and as close to markets as possible to meet
future local, regional, and provincial needs; and
b) To protect mineral and petroleum resource operations, deposits
of minerals and petroleum resources, and areas of potential
mineral and petroleum resources for resource use.
3.8 The referenced Provincial Policies Statements will come into effect
when the amendments to the Planning Act under Bill 163 are
proclaimed.
4. BILL 163:
4.1 Bill 163 received First Reading on May 18, 1994. It is not clear
at this time with respect to the timing of 2nd, 3rd Readings and
Royal Assent.
4.2 Bill 163 contains many changes to various statutes. The most
substantial changes are found in the proposed amendments to the
Planning Act. In this regard, staff will summarize the key
planning changes that are applicable to Clarington.
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REPORT NO.: PD -70 -94 PAGE 4
4.3 These changes are as follows with staff comments provided in
italic:
a) Preparation of Official Plan is mandatory and shall contain
goals, objectives and policies to manage and direct physical
change and the effects on the social, economic and natural
environment of the municipality;
The recently released Draft Official Plan of Clarington
contains the prescribed contents contemplated in Bill 163.
b) The Minister will transfer the approval authority of local
Official Plans to the Region of Durham.
This transfer will be effective September 1, 1994 regardless
of the status of Bill 163. it appears that the Clarington
Official Plan will no longer be required to be forwarded to
the Minister for approval.
C) Local Official Plan must be "consistent with" provincial
policy statements.
Through Bill 163, the Provincial Government is making it clear
that local planning policies must conform to the provincial
policies. The Clarington Draft Official Plan has been
prepared in anticipation of this requirement. However, the
current Draft Official Plan is not totally "consistent with"
provincial policy.
d) Approval authority (Region) to be given five (5) months to
make a decision on Official Plan amendment applications and
six (6) months on subdivision applications.
As local official Plan amendment and subdivision applications
must be first dealt with by local Council before a decision is
to be rendered by the Region, this would put tremendous
pressure on local planning staff to ensure the required works
such as notices, evaluation, report writing etc. are performed
in about 3 to 4 months so that the Region can render its
decision within five (5) months.
e) Minor variance applications are to be made to local Council
which may delegate such authority to an appointed staff or to
a Committee of Adjustment.
Bill 163 gave Council three (3) choices in dealing with minor
variance applications. Council should carefully weight the
three (3) options from the perspective of achieving cost
saving, streamlining and efficient administration. Bill 163
also eliminates appeal to the Ontario Municipal Board and
Council has the final say on all applications or appeals
regardless whether or not it chooses to delegate such
authority.
REPORT NO.: PD -70 -94 PAGE 5
f) Municipalities will be allowed to adopt a "development permit
system" and to delegate the issuance of development permits to
staff.
Under the development permit system, Council will not have to
decide on individual development applications. The objective
of this proposed change is to streamline the development
approval. This provision is not mandatory and if a
municipality wishes to adopt such a system, it must do so at
the official Plan policy stage to set out the policies, rules
and procedures before such a system can be used. "Development
Permit" system is very common in western provinces. At this
time, staff do not have sufficient knowledge to offer Council
any advice on this matter. We will examine this matter and
report back to Council in the future.
4,4 Bill 163 also contains many other changes intending to streamline
the development approval process. In fact, a new Planning Act is
being written for Ontario. If and when Bill 163 receives Royal
Assent, it will mean a new way of doing municipal planning
business.
S. CONCLUSION:
The purpose of this report is to advise Council of the planning
changes that may be upon us through new Provincial Policy
Statements and Bill 163. Staff will continue to monitor the
progress of these Provincial initiatives and will advise Council
from time to time.
Respectfully submitted,
a
Franklin Wu, M.C.I.P.
Director of Planning
and Development
FW *j ip
*Attach
13 June 1994
Reviewed by,
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704ews release
Ontario
FOR IMMEDIATE RELEASE
May 18, 1994
Government introduces reform package
on planning and development system
Ed Philip, Minister of Municipal Affairs, today released a package
of legislation, policy statements and administrative changes to
reform the planning and development system in Ontario.
"These changes represent a fundamentally different vision of how
the planning system should work," Mr. Philip said. "People have
lost faith in Ontario's land use planning system. Our reform will
renew that faith."
Today's announcement is the culmination of more than three years'
work that began in 1991 when the Government appointed former
Toronto mayor John Sewell to head up the Commission on Planning and
Development Reform in Ontario.
In December, Mr. Philip released some of the Government's decisions
on the report and a set of policy statements for a 90 -day
consultation. Today's announcement outlines the Government's final
planning reform package.
The package is based on three principles:
1) Municipalities will be given greater control of the development
process. Under the current system, planning authority rests with
the Province (with some exceptions and unless it is delegated) .
Under the new system, municipal governments will make development
decisions, the Province will set policy and the Ontario Municipal
Board will adjudicate disputes. With greater control, local
governments will also exercise greater accountability and openness
resulting from Open Local Government draft legislation issued
earlier.
2) The environment will be better protected by means of clear
policy statements and legislative changes that integrate social,
cultural, economic and environmental values. Legislation will be
changed to ensure that planning decisions are consistent with a new
set of* provincial policies covering natural heritage and
ecosystems, community development and infrastructure, housing,
agricultural land, energy and water conservation and mineral
resources.
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3) Red tape will be cut to make the planning process faster and
more efficient, creating jobs in the construction industry and
other sectors. Legislative changes will set specific timeframes for
decision- making by the province and municipalities. And
administrative changes (some of which are already underway) will
speed up decision - making by municipalities, the OMB and the
Ministry of Municipal Affairs, which will be the lead ministry for
planning.
"As with any issue this large and complex, it has been tough to
please everybody on every issue," Mr. Philip said.
"But I believe we have reached consensus on most of the important
aspects of our proposed new planning system for Ontario.
"I believe the people of Ontario will be better served by this new
system -- a system that is clearer, easier, more accountable and
more accessible."
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For further information, contact:
Dana Richardson, Director, Municipal Planning Policy Branch
(416) 585 -6225
Eugene Ellmen, Minister's Communications Assistant
(416) 585 -6486
To receive a 22 -page backgrounder on the government's planning
reforms, please call 1- 800 - 429 -6397.
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News release (0
Ontario
Ministry of
Municipal
Affairs
FOR IMMEDIATE RELEASE
MAY 18, 1994
Municipalities, environment groups and development industry to guide
new land use planning system
Municipal, environmental and development industry representatives will help implement the
government's new land use planning system, Municipal Affairs Minister Ed Philip announced
today. Provincial Facilitator Dale Martin will chair the new 12- member Advisory Task Force
on Implementation.
Four representives from each of the Association of Municipalities of Ontario, the Ontario
Environmental Network and the development industry will serve on the task force to help ensure
there is a smooth transition to the new planning system across the province.
"Input from these important and knowledgeable clients is critical to the success of our new land
use planning process," Mr. Philip said. "Their ongoing advice and wealth of experience will be
invaluable to us as we move forward in developing implementation guidelines."
Mr. Martin said: "Stakeholder perspectives and expectations are key elements in ensuring
planning reforms are delivered effectively and efficiently. Gathering these representatives
together signals a new era of cooperation around planning in Ontario."
The mandate of the task force is to oversee all implementation guidelines being developed by the
government on planning issues, in light of major amendments to the Planning Act and other
legislative changes introduced by Mr. Philip today. In addition, the task force will advise on
education and training requirements for people who will be involved in the planning system.
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For further information contact: Dale Martin, Provincial Facilitator, (416) 585 -7474 or Eugene
Ellmen, Minister's Assistant, (416) 585 -6486.
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