HomeMy WebLinkAboutPSD-087-04
Cl~mgton
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, June 28, 2004
Report #:
PSD-087-04
File #: PLN 1.1.5.1, PLN 1.1.10
and PLN 1.1.11
~-s :-:It-e...- 3~6-o.q
By-law #:
Subject:
PLANNING ACT REFORM
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT report PSD-087-04 be received for information.
Submitted by:
Reviewed by: :J <4.;.:~t,-(__ {-L-'ll
Franklin Wu,
Chief Administrative Officer
vi ::I. Crome, MCIP, R.P.P.
Director of Planning Services
FL/DJC/df
17 June 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830
REPORT NO.: PSD-087-04
PAGE 2
1.0 BACKGROUND
1.1 On June 1, 2004, the Provincial Government released three discussion papers on
Planning Reform (see Attachment 1). A series 9f public information sessions have been
scheduled throughout June with the one of our area being June 24th in Pickering. The
discussion papers and information sessions are being held to receive input from the
public and key groups with interests in land-use planning. Copies of the Discussion
Papers are forwarded to Council under separate cover.
1.2 Input is being invited on the role of the Ontario Municipal Board (OMB) in the land-use
planning system; the revised Provincial Policy Statement (PPS); which is the government's
statement of its land-use priorities; what changes are required to the Planning Act; and
implementation tools that people feel are needed to facilitate better planning and strong
communities in Ontario.
1.3 Council received reports from staff regarding the Strong Communities Act (Bill 26) PSD-
006-04, The Greenbelt Protection Act (Bill 27) PSD-005-04 and comments regarding
OMB Reform PSD-098-03. The Province is also under obligation to review the
Provincial Policy Statements at five-year intervals. The major issues that the discussion
papers are attempting to address are growth and growth management, especially in the
GTNGolden Horseshoe Area, in addition they address Source Water Protection and
what the role of local and provincial decision-makers should have. The three discussion
papers are an attempt to comprehensively bring together all the reforms proposed by
the government for land-use planning. Comments on the discussion papers are due
August 31, 2004.
2.0 COMMENTS
2.1 Staff have just received the discussion papers and have not had time to review them in
detail. Members of the senior staff of Planning Services will be attending the session
scheduled for June 24th in Pickering and other stakeholders meetings to obtain
additional insight into the recommendations that the Provincial government is putting
forward. During the summer Council break, staff will prepare comments on the
Discussion Papers and submit them by the August 31 deadline. The Municipality's
solicitor will collaborate on the comments regarding the Ontario Municipal Board.
2.2 Staff will prepare a summary of comments and provide them to Council for endorsement
at the first meeting in September 2004.
Attachments:
Attachment 1 -
Engaging the Public in Reforms to Land-Use Planning in Ontario
MAH - Engaging the Public in Reforms to Land-Use Planning in Ontario
Page 1 of4
.~ Ontario
Ministtyof Municipal
Affairs and Housmg
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Engaging the Public in Reforms to Land-Use Planning in Ontario
June 1, 2004
The McGuinty government is taking the next step in its change agenda to sustain well-managed,
planned growth and build strong communities.
A series of public information sessions will be held in major centres across Ontario to get input from
the public and key groups with interests in land-use planning on the government's planning reform
initiative.
The public is being invited to provide input on the role of the Ontario Municipal Board (OMB) in the
iand-use planning system; the revised Provincial Policy Statement (PPS), which is the government's
statement of its land-use priorities; what changes are reqUired to the Planning Act; and
implementation tools that people feel are needed to facilitate better planning and strong
communities in Ontario.
Reforms to the planning system will compiement a number of concurrent government priorities,
inciuding dealing with gridlock, protecting the environment, preserving greenspace and heritage
resources, containing urban sprawl and sustaining a strong economy.
Public Information Sessions on Planning Reform
June 8 - Windsor
June 10 - Vaughan
June 15 - Toronto Downtown
June 16 - Toronto East
June 17 - Toronto West
June 22 - Hamilton/Niagara
June 24 - Pickering
June 29 - Kingston
July 6 - London
July 8 - Thunder Bay
July 12 - Ottawa
July 13 - Oakviile
July 15 - Sudbury
An information package including three consultation discussion documents is availabie at
www.p1anningreform.ontilrio.ca. or on request by calling the toll-free line, 1-866-751-8082, or (416)
645-8082 in Toronto. Information will also be distributed during the public information sessions to
give peopie the opportunity to provide comments and share their views on how Ontario's
communities should grow and prosper.
Planning Act Reform (Bill 26)
The Planning Act sets out the ground rules for land-use planning in Ontario, describes how land uses
may be controlled and identifies provincial interests in iand-use planning.
Phase One of Planning Act reform began in December 2003 with the introduction of Bill 26, the
Strong Communities (Planning Amendment) Act, 2004.
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MAR - Engaging the Public in Reforms to Land-Use Planning in Ontario
Page 2 of 4
Bill 26 proposes the first step toward OMB reform. The bill would enable municipalities, not the
Ontario Municipal Board, to determine their local boundaries; give municipalities more time to review
pianning applications; require that iand-use planning decisions must "be consistent with" the PPS-a
stronger test than the existing "have regard to" standard; and provide for the Minister of Municipal
Affairs and Housing to declare matters before the OMB to be of provincial interest.
Bill 26 was posted on the Environmental Bill of Rights (EBR) website for a 90-day comment period
which ended on March 15, 2004.
Consultation on Bill 26 will focus on proposed reforms to the Planning Act. It will also seek
suggestions on what other changes may be required to the Planning Act to make It more effective.
Ontario Municipal Board
The OMB is a specialized administrative tribunal of provincially appointed members with province-
wide decision-making authority over municipal land-use planning. The board is established under the
Ontario Municipal Board Act, which deais with a range of matters including appointments to the
board, its jurisdiction and general powers, and certain rules regulating its practice and procedure.
When there are disputes involving land-use planning matters that cannot be resolved, the Planning
Act provides an appeal process. The OMB provides the publiC forum to hear the appeal.
The role of the OMB within the land-use planning system as established by authority under the
Planning Act, is to resolve disputes involving official plans, zoning bylaws, minor variances,
subdivisions, consents and site plan matters.
Areas to be reviewed include:
. The qualifications of OMB members and their length of tenure
. The public's ability to participate in OMB hearings
. The OMB's mandate, which encompasses everything from the most complex projects to
backyard additions
. Accountability of the OMB to stand In the place of elected councils
Provincial Policy Statement Five-Year Review
The Provincial Policy Statement is a statement of the government's land-use priorities and provides
policy direction to municipalities, the Ontario Municipal Board and other decision-makers as they
make land-use planning decisions affecting Ontario communities.
The proposed changes to the PPS would give municipal decision-makers the framework to make wise
decisions for better communities. For example, the proposed changes would:
. Protect greenspace, by requiring municipalities to set targets for redevelopment, intensification
and Infill on lands that are already deveioped - before any expansion onto farmlands and
natural areas;
. Revitalize our communities by promoting the cleanup and redevelopment of brownflelds;
. Reduce gridlock and traffic congestion, by directing development into areas already served by
transit, and promoting transit-friendly development that gives people the choice to get out of
their cars;
· Encourage housing and jobs in close proximity, so that people can live and work in the same
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neighbourhood;
· Recognize that healthy livable cities need urban greening - urban parks, green roofs, for
example - for better air quaiity;
· Preserve our valuable water resources, through stronger policies to guard our watersheds, our
rivers and our ,lakes for future generations.
The PPS is issued under the authority of Section 3 of the Planning Act. It provides policy direction on
a wide range of matters such as managing growth, using iand efficiently, and protecting resources
such as prime agricuitural lands, water and significant natural features.
In making land-use planning decisions, all decision-makers are required to "have regard to" the
policies in the PPS. The proposed Strong Communities (Pianning Amendment) Act, 2004 (Bill 26)
proposes to change this standard to require that all land-use planning decisions "shail be consistent
with" the PPS.
The current PPS was issued in May 1996. The Planning Act requires the PPS to be reviewed every
five years. Staff of the Ministry of Municipal Affairs and Housing and other provincial ministries with
interests in land-use pianning are responsible for the review.
Draft PPS policies are included in the consultation documents for publiC review.
Implementation Tools
As the government moves forward with its proposed reforms to promote more effective land-use
planning, it is also looking for suggestions and recommendations on planning-related tools that can
assist in meeting this objective.
For example, the Planning Act now provides most municipalities with the ability to prepare
community improvement plans that encourage redevelopment and/or rehabilitation improvements
throughout their community. Once implemented, the plan allows municipalities to make grants or
loans to assist in the rehabilitation of iands and buildings within the community improvement project
area. Such action encourages urban revitalization, thus promoting urban intensification.
The consultation will ask the public what new or revised tools would support better planning and
strong communities in Ontario.
Contact:
Patti Munce
Minister's Office
(416) 585-6333
Audrey Bennett
Provincial Planning and
Ministry of Municipal affairs and Housing
(416) 585-6014
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