HomeMy WebLinkAboutP-3-80 CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT D.N.SMITH,M.C.I.P.,Director
HAMPTON,ONTARIO LOB 1JO TEL. (416)263.2231
REPORT TO THE PLANNING AND DEVELOPMENT COMMITTEE MEETING OF January 7, 19$9.
REPORT NO. : P-3-80
SUBJECT: Correspondence between Durham Region and the Ministry
of Housing dated December 10, 1979, re: Modification
Request No. 62 to the Durham Regional Official Plan
Section 14.2.10 - File: 5.1 - Durham Regional Official
Plan General
BACKGROUND:
The attached correspondence was received by staff on December
12, 1979. The subject of that correspondence is in respect of a proposed
modification to the Durham Regional official Plan to revise Section 14.2.10
and to add new sections dealing with Waste Disposal sites. The Region has
not requested our comments on this matter.
COMMENTS:
Staff have reviewed the proposed modification and note that
it provides explicit policies in respect of the establishment and use
of waste disposal sites. These policies provide greater clarity as to
interim uses permitted on sites designated for waste disposal purposes,
as well as, specifying permitted uses for developed sites which are no
longer in use. The policies also provide for the entering into of agree-
ments in respect of operations, between operators and the area municipality,
with the exception that where the Region is the operator, there is no
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obligation for the Region to enter into such an agreement. However,
the Region is obligated to consult with an area municipality prior to
the selection or development of waste disposal sites. The modified
policies also require Official Plan amendments to permit the establish-
ment of new sites, again, with the exception that sites owned and/or
operated by the Region.
CONCLUSION:
The proposed modification to the Durham Regional Official
Plan provides clarification and direction for the establishment of
waste disposal sites. We note, however, that the policies exempt the
Region from certain requirements which are otherwise applicable to pri-
vate operators. We can only assume that this exemption is designed to
facilitate and expedite their obligations to provide facilities for the
purposes of dumping and disposing of waste, pursuant to Section 139(2)
of the Act to Establish the Region of Durham.
RECOMMENDATION:
That the Planning and Development Committee receive this
report and attached correspondence for information.
Respectfully submitted,
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DNS:lb D. N. Smith, M.C.I.P.
December 14, 1979 Director of Planning
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oo�o"uomk MrS. D. 38Dto^ Director '
Official Plans Branch
Ontario Ministry of Housing
50 Wellesley Street Nest
. 8th Floor
Toronto, Ontario
M7A 2K4
R[: Modification Request # 62 t0 the Durham Regional
Official Plan, Consolidation of All Pr8Yi0VS
Modification Requests Regarding Section I4,2. 10
(Waste Disposal Site)
Mrs. Santo` the Planning Committee of Regional Council
considered the above matter and at o meeting held on
November 28, 1979 Council adopted the following
recommendation of the Committee:
oa\ THAT the Minister Of Housing he requested:
i \ t0 disregard Modification Requests #10 and #41
and instead CO modify the Durham Regional
Official Plan in accordance with Appendix l
attached t0 Commissioner' s Report #79-226
(Revision #2\ /Modification Request #62\
ii \ t0 approve that part of Map 83 of the Durham
Regional 0ffi:»l Plan outlined and labelled D30 .
as 'Major Open Space System - Oak Ridges
Moraine' .
DIC 12 197q
Mrs. D. Santo, Director
Page 2
December 10, 1979
b) THAT Commissioner' s Report #79-226 (Revision #2) be
forwarded to the Councils of the Area
Municipalities and Mr. Roger Beaman of Thomson,
Rogers on behalf of T. Puckrin & Son Limited. "
I am enclosing a copy of Commissioner' s Report #79-226
(Revision #2) as amended and adopted by Regional Council
and respectfully request that you arrange for the
Minister to modify the Region's Official Plan pursuant
to the decision of Council .
`ill
C. W. Lundy, YA.M.C.T.
Regional Clerk
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Enclosure
cc Mr. Roger Beaman of Thomson, Rogers
Dr. Michael , Commissioner of Planning
Mr. R. A. Henderson, Clerk, City of Oshawa
Mr. A. T. Hodges, Clerk, Town of Ajax
Mr. B. Taylor, Clerk, Town of Pickering
Mr. J. M. McIlroy, Clerk, Town of Newcastle ✓
Mr. E. Cuddie, Clerk, Township of Scugog
Mr. G. Graham, Administrator-Clerk, Township of Brock
Mr. W. E. Taylor, Clerk, Township of Uxbridge
Mr. 14. H. Wallace, Clerk-Administrator, Town of Whitby
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THE REGIONAL MUNICIPALITY OF DURHAM
PLANNING
105 CONSUMERS ORIVEIP.O.3OX 627-WHITBY,ONTARIO LIN 6Aa TEL„ (416)668.7771
COMMISSIONER' S REPORT NO . 79-226 (REVISION 42 )
TO: Chai=an and ,Members , DATE: November 20 , 1979 .
Planning Committee .
SUBJECT: MODIFICATION REQUEST N0. 62 TO THE DURHAM REGIONAL
OFFICIAL PLAN, CONSOLIDATION OF ALL PREVIOUS MODIFICATION
REQUESTS REGARDING SECTION 14 . 2. 10 (WASTE DISPOSAL SITES) .
RECOMMENDATIONS :
1) THAT the Minister of Housing be requested :
a) to disregard Modification Requests Nos . 16 and 41
and instead to modify the Durham Regional Official
Plan in accordance with Appendix I attached to
Commissioner ' s Report No. 79-226 (Revision #2)
(Modification Request f62) ; and
---_ove that part of t,'an A3 , f
Official Plan outlined and labelled D36 as "Major
Open Space System - Oak Ridges Moraine" .
2) THAT Commissioner' s Report No. 79-226 (Revision 42) be
forwarded to the Councils of the Area Municipalities and
Mr. Roger Beaman of Thomson , Rogers on behalf of
T. Puckrin & Son Limited.
Purpose :
The purpose of this report is :
1. To amend Modification Request No. 16 as amended by Modification
Request No. 41 with regard to Section 14 , 2 . 10 of the Durham
Regional Official Plan; and
2 . To consolidate the modification related to Section 14 . 2 . 10 (waste
disposal sites) .
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Commissicner's .�eaorc Flo. 79-226 (Rev. Ik2bnt'�.
2 _
Comments -
1. Section 14 . 2 . 10 of the Durham Regional Official Plan was referred
to the Ontario Municipal Board at the request of Mr. Roger
Beaman, solicitor acting on behalf of T. Puckrin and Son Limited.
2 . Subsequently, Mr. Beaman made several requests to the Ministry of
Housing to have Section 14 . 2. 10 modified.
3. The Minister of Housing referred these requests to Regional
Council. As a result, Modification Requests Nos . 16 and 41
were adopted by Regional Council.
4 . Subsequently, Mr. Beaman met with Regional staff and expressed
his concern that the modifications are not .explicit enough to
permit waste reclaiming and recycling plants within the
definition of sanitary landfill site.
As a result, the following modifications are suggested:
a) Section 14 . 2 . 10 and 14. 2. 12 are modified by adding the
words "Reclaiming and recycling" of waste as a permitted
use within sanitary landfill sites .
b) Section 14 . 2 . 12 is also further modified by adding the
words "Environmental Assessment Act" after the wording of
the "Environmental Protection Act" in order to clarify
any legal interpretation.
5 . Our discussion with the staff of the Regional Works Department
indicates that it would be advisable to clarify previous
modifications to include Mr. Beaman ' s request.
6. By letter dated August 28 , 1979 , Mr. Beaman requested the
tKli nister of Housing to resume consideration of Referral R8/20
from the Ontario Municipal Board (a copy of the letter is
attached to this report) .
7. On October 16 , 1979 , the Minister of Housing deferred his
consideration of Referral R8/20 , now labelled Deferral D36 .
8 . As a result of the several modification requests related to the
issue of waste disposal , staff has consolidated these modifications
in the form of Appendix I to this report.
9 . Regional Council considered Commissioner ' s Report 79-226 at its
meeting of October 17, 1979 , and referred the report back to
the Planning Committee for further clarification. Accordingly,
Appendix I was reviewed and revised as follows :
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j2PAAr',�RNr JP ,_,A tits inu
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Ccmmissicner'r .;eaor, ma. 79-226 ( Rev. 2) ccnt /
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1. revise Section 14 . 2 . 10 to allow, subject to an appropriate
agreement and amendment to the zoning by-law, mineral
aggregate resource extraction as an interim use.; and
2 . add a new Section 14 . 2 . 14 to allow the recycling of waste
by the respective Council , to produce energy without
amendment to this Plan.
10. Planning Committee considered Commissioner' s Report 79-226
(Revised) at its meeting of November 6 , 1979 and tabled the
report pending the preparation of an amendment to the Durham
Regional Official Plan to permit the reclaiming and recycling
of materials in Industrial Areas. The proposed Amendment is
the subject of Commissioner ' s Report No. 79-265 .
It is recommended that the Minister_ of Housing be requested to modify
the Durham Official Plan (Modification No. 62) at this time.
Dr. M. Michael , M.C . I. P.
Commissioner of Planning
VC/Lx
Attachments : Appendix I (Revised)
Letter dated August 28 , 1979 from Mr. R. Beaman
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nPPRNDTX 1:
CONSOLIDA`T'ION OF REQUESTED MODIFICATIONS
OF THE DURHAM REGIONAL OFFICIAL PLAN
14 . 2 . 10 Waste disposal sites as designated on Map A may be used
for the purpose of receiving, disposing, reclaiming
and/or recycling of waste , and/or landfill and may
include facilities , buildings , structures , machinery or
equipment related to such use . Prior to the development
of a waste disposal site to be used for sanitary landfill ,
farm-related uses in accordance with Section 1.1 . 2 . 3 , may
be allowed as an interim use . In addition, mineral
aggregate resource extraction may be allowed as an interim
use subject to an appropriate agreement between the
operator and the respective area municipal Council and
appropriate provisions in the respective restricted area
zoning by-law.
Further , once a waste disposal site used for sanitary
landfill has been completed , such a site shall only be used
without amendment to this Plan , for those uses as permitted
within the Permanent Agricultural Reserve Area , the
General Agricultural Area or the Major Open Space System
depending, as the case may be , on the immediate surrounding
land use designation and the respective restricted area
zoning by-law shall be appropriately amended .
14 . 2 . 11 The operation of a waste disposal site shall be in
accordance with the provisions of an agreement to be entered
into between the operator and the respective area municipal
Council in accordance with the regulations of the Ministry of
the Environment as amended from time to time .
14 . 2 . 12 None of the provisions of this Plan shall apply so as to
prevent the Regional Municipality of Durham from acquiring
and using land and erecting , maintaining and operating all
facilities including buildings , structures , machinery or
equipment for the purpose of receiving, dumping , reclaiming
and disposing of waste provided that all such facilities
shall have been approved by the Ministry of the Environment
in accordance with the provisions of the Environmental
Protection Act and The Environmental Assessment Act as
amended from time to time. Notwithstanding Section 14 . 2 . 11 ,
the Regional Municipality of Durham is not required to
enter into an agreement with the area municipality with
respect to waste disposal sites owned and operated by the
Regional Municipality.
Regional Council shall not proceed with the selection or
development of a waste disposal site without prior
consultation with the affected area municipality .
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14.2. 13 No new waste disposal sites shall he permitted unless by amendment
to this Plan provided that no such amendment shall be required for
such waste disposal sites owned and/or operated by the Regional
Municipality of Durham. Each application for an amendment to the
Official Plan shall be treated on its merits as to its
compatibility with the surrounding land uses and its impacts on the
environment.
14. 2. 14 None of the provisions of this Plan shall apply so as to prevent
the respective area municipal or Regional Council having
jurisdiction from recycling waste for the purpose of producing
energy.
14. 2. 15 Renumbering of Section 14.2. 11.
14.2. 16 Renumbering of Section 14.2. 13.
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