HomeMy WebLinkAboutPD-76-90 n5 . 222 . 4 A
TOWN OF NEWCASTLE
AR( 1) • REPORT File # 3�.
i
Res. # 7
By-Law #
SING: General Purpose and Administration Committee
DATE: February 19, 1990
REPORT #: PD- 76 -90 FILE #:
SLg,ECT: GANARASKA HEADWATERS - ONTARIO ENVIRONMENTAL
ASSESSMENT ADVISORY COMMITTEE - REPORT NO.38
FILE: 17.9
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-62-90 be received for information;
2 . THAT Report PD-76 -90 be received;
3 . THAT Appendix "A" to Report PD- 76 -90 be forwarded to the
Ministry of the Environment as the Town's position with
respect to the recommendations contained within the Ontario
Environmental Assessment Advisory Committee's Report No. 38 .
4 . THAT the Region of Durham Planning Department and those
persons listed in this report and any delegation be advised
of Council's decision.
1. BACKGROUND
1. 1 Report PD-62-90 was prepared for the February 5, 1989, General
Purpose and Administration Committee meeting. The report
addressed the recommendations contained within the
Environmental Assessment Advisory Committee's Report on the
Ganaraska Headwaters .
. . .2
�� � 0
REPORT NO. : PD- 76 -90 PAGE 2
1.2 The General Purposed and Administration Committee resolved to
refer Report PD-62-90 back to Staff to allow for the
incorporation of the SAGA comments into the report.
2. COMMENT
2 . 1 The SAGA Committee raised two concerns with respect to Staff
Report PD-62-90, and are as follows:
i) SAGA does not believe that active applications within the
headwaters should be exempt from a moratorium; and
ii) SAGA believes that the Town should be more forth-right
in supporting Economic Assessment Advisory Committee
recommendation Number 7 with regard to a more effective
role for Conservation Authorities in the land use
planning process .
2 .2 Report PD-62-90 has thus been revised to incorporate SAGA's
two concerns, in accordance with the direction of the General
Purpose and Administration Committee, as follows:
REVISION 1•
The fifth paragraph of Section 2 .5 is replaced by the
following paragraph:
"Finally, the recommendation does not address whether a
moritorium is to be placed on active applications within
the headwaters . The Town of Newcastle believes that the
moratorium be imposed on all official plan amendment
applications, (both active applications and future
applications) within the Ganaraska headwaters. "
REVISION 2:
The second paragraph of Section 2 . 9 is replaced by the
following paragraph:
"The Town supports this recommendation. " . . . 3
U
REPORT NO. : PD- 76 -90 PAGE 3
2 .3 The revised comments of the Town are hereto attached as
Appendix "A" , SAGA's comments are attached and labelled as
Attachment No. 1, and Report PD-62-90 is hereto attached and
labelled as Attachment No.2 .
Respectfully submitted, Recommended for presentation
to the Committee
f..
Franklin Wu, M.C. I.P. L rence E Kotseff
Director of Planning Chief A 'mistrative
and Development Officer
JB*DC*df
*Attach
8 February 1990
Interested parties to be notified of Council and Committee's
decision:
Michael D. McLeod Lloyd Taylor
Acting Assistant Director, Mill Street,
Environmental Assessment Branch, Orono, Ontario.
Ministry of the Environment, LOB 1M0
250 Davisville Avenue,
Toronto, Ontario.
M4S 1x2
Katherine Guselle/SAGA
45 Connaught Street,
Oshawa, Ontario.
L1E 2H1
MacNaughton, Hermsen, Britton
Planning Limited,
171 Victoria Street North,
Kitchener, Ontario.
N2H 5C5
DN: GANAR(2)
A P P E N D I X A "
Comments from the Town of Newcastle
on Environmental Assessment Advisory Committee
Report No. 38
1. BACKGROUND
1. 1 On July 6, 1989, the Honourable Jim Bradley, Minister of the
Environment, asked the Environmental Assessment Advisory
Committee to provide advice on the adequacy of the existing
environmental planning and approvals process to protect the
Watershed of the Ganaraska River in view of potential
development in the Watershed area. The referral arose from a
request by local residents for designation under the
Environmental Assessment Act of the Reid/Reyneart estate
residential subdivision proposal located within the headwaters
area of the Ganaraska River. After reviewing this request, the
Minister decided that "the environmental impacts are not
significant enough to warrant the preparation of an individual
environmental assessment of the. . . .development. " The Minister
stated, however, that the "long term effect of development in
the Ganaraska Watershed are important. . . " and asked the
Committee to carry out an open, public review.
1.2 The Committee notified local municipalities including the
Region of Durham and the Town of Newcastle; local residents
and others who had expressed an interest in protection of the
area; provincial and environmental groups; the Ganaraska
Region Conservation Authority (GRCA) ; affected provincial
. . .2
592
PAGE 2
ministries and agencies; and local media.
1. 3 The Committee held a public meeting in Newcastle Village
Community Hall on Thursday, September 7 , 1989, in order to
receive oral submissions . The Committee also met with Ontario
government agencies on September 13, 1989, to hear submissions
on existing provincial planning and approval requirements,
policies, and guidelines to protect watersheds or other
environmentally significant areas.
1.4 Although the Minister asked the Committee to provide advice
on the adequacy of the existing planning and approvals process
to protect the Watershed, both the original designation
request to the Minister and submissions focused on concerns
about protection of the headwaters area located in the Town
of Newcastle, which is in Durham Region. Consequently, the
Committee's report and recommendations also focus on this
area.
1.5 A copy of the Environmental Assessment Advisory Committee's
report was previously circulated to each of the General
Purpose and Administration Committee members .
2. ENVIRONMENTAL ASSESSMENT ADVISORY COMMITTEE
REPORT RECOMMENDATIONS
2 . 1 The recommendations developed by the Environmental Assessment
Advisory Committee address issues specific to the Ganaraska
Watershed as well as generic concerns related to the existing
environmental planning and approvals process . The
recommendations suggest changing and introducing policy
initiatives at Local, Regional and Provincial levels of
government.
. . . 3
593
PAGE 3
2 .2 The first five recommendations of the Ontario Environmental
Assessment Advisory Committee Report No. 38 to the Minister
correspond to the development of policies for the Ganaraska
Headwaters within the Durham Region Official Plan.
2 . 3 ADVISORY COMMITTEE RECOMMENDATION 1:
"The Minister of the Environment should urge the Region of
Durham to carry out studies of the following as part of its
current Official Plan review:
nature and extent of the ground water resources in the
headwaters area and potential cumulative impacts of land
use changes;
nature and extent of surface water resources including all
information required for the creation of a master
drainage plan for the Watershed; and
wildlife (flora and fauna) in the area and its
vulnerability to the potential cumulative impacts of land
use changes in the area. "
On January 9, 1990, the Region of Durham Staff presented the
Draft Changes to the Durham Regional Official Plan. Provision
12 . 3 .8 of new policies addresses Recommendation 1, and states
that:
Regional Council shall endeavour to preserve the rural
character, natural resources and environmental features
of the Oak Ridges Moraine as defined on Map "A" within
the Major Open Space System. The area of the Ganaraska
headwaters shall be preserved as a natural area until
studies have been carried out and provisions incorporated
in the Plan and the local official plan addressing:
a) the nature and extent of the ground water resources
in the headwaters area and potential cumulative
impacts of land use changes;
b) the nature and extent of surface water resources;
and
c) wildlife (flora and fauna) in the area and its
vulnerability to the potential cumulative impacts
of land use changes in the area.
. . .4
594
PAGE 4
This provision ensures that the studies recommended will be
conducted, but not however, as part of the current Official
Plan review. Instead of delaying the implementation of the new
policies in their entirety for the whole of the Region,
Regional Staff have proposed that the Ganaraska Headwaters be
preserved in their natural state until the necessary studies
have been completed.
The Town of Newcastle agrees with the policy approach
established by the Region. If the aforementioned studies for
the Ganaraska were to be conducted as part of the current
Official Plan review, implementation of new policies for areas
outside the Ganaraska headwaters would be delayed
unnecessarily.
However, the Region should consider the Ganaraska Headwaters
a "Special Study Area" . Identifying the headwaters a "Special
Study Area" would more visibly express the Region's intent to
undertake the necessary studies and to preserve the headwaters
in their natural state until appropriate policies are
developed.
2 .4 ADVISORY COMMITTEE RECOMMENDATION 2:
"The Ministry of the Environment, the Ministry of Natural
Resources and other provincial ministries with relevant
responsibilities, should participate in funding and provide
technical assistance to the Region of Durham to carry out the
studies advocated in Recommendation 1. "
The Town of Newcastle concur with this recommendation. Without
provincial participation in funding and the provision of
technical assistance, the Region would be hardpressed to co-
ordinate and complete the necessary studies . As was previously
the position of the Town, the Town does not possess the
resources to provide either funding or technical expertise
toward these studies .
E 5
) 9 �) . . .
PAGE 5
2 .5 ADVISORY COMMITTEE RECOMMENDATION 3:
"The Minister of the Environment should urge the Region of
Durham to impose a temporary moratorium on official plan
amendments that would allow more intensive land uses in the
Ganaraska headwaters area until the studies set out in
Recommendation 1 are complete and a comprehensive set of
revisions to the guidelines, designations and other policies
in the Region of Durham Official Plan review is in place. "
The Environmental Assessment Advisory Committee have defined
development as the intensification of land uses within the
context of their report. As such, the Committee has
recommended that a temporary moritorium be placed on Official
Plan amendments that would allow more intensive land uses .
Proposed provision 12 . 3. 8 of the Draft Changes to the Durham
Region Official Plan addresses this recommendation by stating
that "the area of the Ganaraska headwaters shall be preserved
as a natural area until studies have been carried out and
provisions incorporated into this Plan. "
The Town of Newcastle agree with this recommendation and
believe that the recommendation is addressed by proposed
provision 12 . 3 . 8 of the Draft Policies for the Durham Region
Official Plan. The recommendation is also flexible enough in
its wording, that amendments may be allowed which will
strengthen existing environmental policies.
Clarification should be made however, between placing a
moratorium on applications involving land use intensification,
and interim preservation of the Ganaraska headwaters as a
natural area. The Environmental Assessment Advisory Committee
have not defined what changes of land use policy may be
considered "land use intensification" within this report, nor
has the Region adequately defined "natural area" . The Town
of Newcastle recommends that "land use intensification" be
defined by the Region and provided for within the final draft
of the policies for the Durham Region Official Plan.
. . .6
596
PAGE 6
Finally, the recommendation does not address whether a
moratorium is to be placed on active applications within the
headwaters . The Town of Newcastle believes that the moratorium
be imposed on all official plan amendment applications, (both
active applications and future applications) within the
Ganaraska headwaters .
2 . 6 ADVISORY COMMITTEE RECOMMENDATION 4:
"The Minister of the Environment should direct Ministry staff
who comment on proposed official plan amendments and
applications for subdivision approval in the Ganaraska
Watershed, to oppose all such applications for the headwaters
area until the necessary environmental studies are done and
the official plan revisions are complete. "
The Town of Newcastle agrees with this recommendation.
Applications submitted to the Region to amend the Official
Plan, prior to the completion of the necessary studies for the
headwaters, will have to be circulated to various agencies .
Ministry commitment to providing negative comments will aid
the Town in its attempts to deny all such applications within
the headwaters as premature until such time as the necessary
studies are complete and corresponding provisions in place.
2 .7 ADVISORY COMMITTEE RECO14MNDATION 5:
"The Province should declare that land use changes in the
Ganaraska headwaters area are matters of "provincial interest"
under Section 17 ( 19) of the Planning Act, and that the
Province will use its authority to impose a temporary
moratorium on official plan amendments affecting the
environment of the Ganaraska headwaters area. "
If the Province feels strongly about this recommendation, the
Town offers no objection, but would however, recommend a
Ministerial zoning order, as per Section 46 of the Planning
Act, for the Ganaraska headwaters .
2 . 8 ADVISORY COMMITTEE RECOMMENDATION 6:
"If the temporary moratorium is not established effectively
through adoption of Recommendations, 3,4 and 5, the Minister
597 . . . 7
PAGE 7
of the Environment should ask Cabinet to designate under the
Environmental Assessment Act all proposals for land use
intensification in the Ganaraska headwaters area. "
The Town of Newcastle is opposed to the adoption of
Recommendation 6 and believe that a temporary moratorium can
be established through the adoption of Recommendations 3, 4
and 5 .
2 .9 ADVISORY COMMITTEE RECOMMENDATION 7:
"In its current review of the role and mandate of conservation
authorities, the Province should consider how to give the
authorities a more effective role in the land-use planning
process, especially in protecting against negative cumulative
effects of land-use planning policies and approvals . "
The Town of Newcastle supports this recommendation.
2 . 10 Recommendations 8 and 9 deal specifically with the planning
approach as it relates to the Oak Ridges Moraine.
ADVISORY COMMITTEE RECOMMENDATION 8:
"The Province should initiate immediately a process for
developing a comprehensive approach to land-use planning and
environmental protection for the Oak Ridges Moraine. "
ADVISORY COMMITTEE RECOMMENDATION 9:
"While a comprehensive approach to land-use planning and
environmental protection for the Oak Ridges Moraine is being
developed, the provincial government should identify and
implement an effective means of ensuring interim protection
of the Moraine. This could be accomplished, for example, by
declaring development on the Oak Ridges Moraine a matter of
provincial interest and setting up procedures for provincial
review of the overall environmental effects of proposed
changes to land use on the Moraine. "
The Environmental Assessment Advisory Committee have
identified that the Oak Ridges Moraine is significant as a
water recharge area, a recreational area, a linear green space
area and an area of rich mineral resources . As such, the
D98 . . . 8
PAGE 8
Committee suggests that a comprehensive planning approach be
established in the Moraine, in one of the following ways:
i) declaring "provincial interest' in the Oak Ridges
Moraine;
ii) issuing a policy statement under Section 3 of the
Planning Act, addressing development in the Oak Ridges
Moraine;
iii) using the designation provisions of the Environmental
Assessment Act;
iv) establishing an independent planning body similar to the
Niagara Escarpment Commission to oversee a comprehensive
planning approach; or
v) a combination of these options.
The Town of Newcastle agree with the principle of a
comprehensive planning approach for the Oak Ridges Moraine and
feel that this issue is worthy of more detailed study, and
would be interested in participating further in the study
process .
However, the Town would caution the implementation of option
iii) . The Town questions whether the Niagara Escarpment
Commission has been effective in addressing environmental
quality issues for the escarpment.
2 . 11 Recommendation 10 and 11 refer to the co-ordination of the
Ministry of the Environment and the Ministry of Municipal
Affairs in assuring environmental concerns are addressed
appropriately through the planning and approvals process .
D99 . . . 9
PAGE 9
ADVISORY COMMITTEE RECOMMENDATION 10:
"The Province should recognize that the existing land-use
planning and approvals process does not provide satisfactory
means of protecting the environment,
especially from the negative cumulative effects of
intensifying land use, and should begin immediately to prepare
a package of reforms to incorporate effective commitment to
environmental stewardship in land-use planning in Ontario.
To accomplish this, the Minister of the Environment and the
Minister of Municipal Affairs, in consultation with other
interests including regional and municipal authorities, should
co-operate in determining whether the basic requirements for
an environmentally enlightened land-use planning process
should be met through revision of the Planning Act,
application of the Environmental Assessment Act, or
introduction of new legislation incorporating assessment and
stewardship into planning requirements .
In particular, the ministers should act to ensure that the
efforts of the Ministry of the Environment's Environmental
Assessment Program Improvement Project and the Ministry of
Municipal Affairs ' current review of the planning process are
directed and co-ordinated to address this issue. "
ADVISORY COMMITTEE RECOMMENDATION 11:
"The Minister of the Environment should direct the
Environmental Assessment Program Improvement Project to
initiate an immediate review of options under the
Environmental Assessment Act for ensuring effective attention
to environmental concerns in land-use planning decisions .
The Town of Newcastle wishes to be put on record as requesting
to be consulted with respect to any proposed changes to the
Environmental Assessment Act or Planning Act.
2 . 12 Recommendations 12, 13 and 14 address the concerns surrounding
the cumulative effects of development on the environment.
ADVISORY COMMITTEE RECOMMENDATION 12:
"The Minister of the Environment should urge the Minister of
Municipal Affairs to introduce an immediate amendment to the
Planning Act to establish clearly that consideration of
overall environmental quality issues and cumulative
599 01 . . . lo
PAGE 10
environmental effects as legitimate and necessary components
of deliberations by municipal authorities, the Ministry of
Municipal Affairs, the Ontario Municipal Board and the Cabinet
on official plans, official plan amendments and related
approvals . "
ADVISORY COMMITTEE RECOMMENDATION 13:
"The Minister of the Environment should direct Ministry
representatives involved in reviewing proposed official plans,
plan amendments and site-specific proposals, to comment on the
nature and significance of any cumulative environmental
effects likely to result from an approval. In support of this
initiative, the Minister should ensure that Ministry reviewers
develop and clear and uniform understanding of issues
pertaining to cumulative effects and appropriate comments to
make when these issues arise. The Minister should also direct
the reviewers to monitor responses in cases where significant
concerns about potential cumulative effects are raised. "
ADVISORY COMMITTEE RECOMMENDATION 14:
"The Minister of the Environment should announce the
government's intention to designate under the Environmental
Assessment Act any planning proposal that raises significant,
unattended concerns about cumulative environmental effects . "
The Region of Durham Staff have addressed the issue of
cumulative impacts in its recent release of the Draft Changes
to the Durham Region Official Plan. Proposed provision 20 . 3 . 32
d) reads, "where an environmental impact study is required:
an assessment of the cumulative impact of the proposed
development on existing conditions of the site and its
surroundings, including the impact on environmentally
sensitive areas; " .
The Town of Newcastle believes that the introduction of this
policy to the Durham Region Official Plan is a step towards
assessing cumulative effects of development and that an
environmental impact study of this type will also aid in the
Ministry's review of development applications and their
599 02 . . . 11
PAGE 11
submission of appropriate comments . Furthermore, negotiations
between the Ministry of the Environment and the Ministry of
Municipal Affairs towards amending the Planning Act is worthy
of further study. Staff would appreciate being kept abreast
of these negotiations and would be interested in participating
in the study process.
599 03