HomeMy WebLinkAboutPD-194-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: General Purpose and Administration Committee File # _02 c_
Date: September 9 , 1991 Res. #
By-Law Report#: PD-194-91 File#:
Subject: HALTING DEVELOPMENTS APPLICATIONS
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. That report PD-194- 91 be received for information.
REPORT:
1. At a meeting held on July 29, 1991, Council approved
Recommendation #GPA-527-91:
"THAT the Director of Planning and Development be
requested to prepare a report which addresses the
ramifications of halting development applications" .
2 . Prior to examining the ramifications, it is imperative that
a proper interpretation be made to the phrase "halting
development applications" .
3. "Halting Development Applications" could mean one of the
following:
a) stop issuing building permits;
b) stop approval of development applications;
c) stop processing development applications; or
d) stop accepting development applications .
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-E. VIECYCLE
RIIS IS PRMIED W RECYCLED PAPER
REPORT NO. : PD-194-91 PAGE 2
4 . Having identified the four scenarios above, Staff will
attempt to address the implications and ramifications for
each of the scenarios .
5 . 1 Stop Issuing Building Permits
If a building permit application is in compliance with all
applicable laws such as official plan, zoning by-law,
building codes etc . , the Town is obliged to issue a building
permit. Failure to do so may result in mandamus issued by
the court demanding the Town to issue the permit. This is a
no win situation for the Town.
5 .2 Stop Approval of Development Applications
The Town has approval power for local official plan
amendment, rezoning, site plan, and minor variance
applications through the Committee of Adjustment. With
respect to Regional Official Plan Amendment and
Subdivision/Condominium applications, consent applications,
the Town's role is a recommending agency to the Region of
Durham.
Clearly, if the Town Council wish to stop approval or stop
recommending approval of development applications, it is
within its right to do so. However, Council should be
cognizant of the fact that the proponents of the development
applications may and can appeal to the Ontario Municipal
Board for resolution. While not all proponents will take
such action, it is certain that some will challenge the Town
before the Ontario Municipal Board. Is the Town prepared to
defend its position? Generally speaking, refusal to deal
with an application without just cause would almost
guarantee defeat. Another dimension needs to be considered
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REPORT NO. : PD-194-91 PAGE 3
is the cost. The average cost for a two day hearing is
approximately $15, 000 . - $20,000. Can the Town afford
expanding public funds and be able to justify it? If the
Town choose not to defend its position before the Ontario
Municipal Board, can it be construed as abdication of
responsibility? The ramification for this scenario is
immense.
5 . 3 Stop Processing Development Applications
It is also within Council's right to instruct Staff not to
process development applications . However, this would not
be advantageous to the Town any good for reasons cited
above. In addition, for subdivision, consent and regional
official plan amendment applications where the Town has no
actual approval authority, the Region or the Ontario
Municipal Board may proceed to approve these types of
applications without any input or conditions from the Town.
However can the Town therefore collect lot levy, or
implement standards and requirements for development?
5 .4 Stop Accepting Applications
Although the Planning Act is silent on this issue, various
sections of the Act imply the right of property owners to
make development applications and the obligation of the
municipality to receive them. Staff is not aware of any
municipality ever attempting to stop accepting applications .
The Town solicitor could be consulted of the legal
ramification if so directed.
6 . In summary, it is staff's view that the Town cannot "halt
development applications" without inflicting both legal and
financial consequences . Council will recall that in my
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REPORT NO. : PD-194-91 PAGE 4
presentation to Council in March .of this year, that I have
indicated that a municipality, once identifying land for
urban development in the Official Plan, cannot stop growth.
It can, however, cause slow down or delay in the planning
approval process with just cause. This will be addressed in
the Report on the Preparation of the Town Official Plan to
be presented to Council at its meeting of September 16,
1991.
Respectfully submitted, Recommended for presentation
to the Committee
Franklin Wu, M.C. I .P. Lawrence W. Kotseff
Director of Planning Chief A nistrative
and Development Officer
FW*jip
12 August 1991
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