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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 . . . .2 .. �7 -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 . . . 3 T_ _7 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 . . .4 I 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 I i I I i , > i