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Local Planning Appeal Tribunal: Giving Communities a Stronger Voice In Development

Ontario to Overhaul Land Use Planning Appeals System and replace Ontario Municipal Board

Ontario is taking action to overhaul the province's land use planning appeals system to give communities a stronger voice and ensure people have access to faster, fairer and more affordable hearings.

In the coming weeks, legislation will be introduced to create the Local Planning Appeal Tribunal, which would, if passed, replace the Ontario Municipal Board. The new tribunal would be mandated to give greater weight to the decisions of local communities, while ensuring that development and growth occurs in a way that is good for Ontario and its future.

“The changes our government is proposing would allow communities like Cambridge to determine how their neighbourhoods should be developed. I know how hard the current process can be on individuals and community groups – both financially and emotionally. It is important that residents feel empowered in the land use planning process and these changes will make sure their voices are heard by all levels of government,” said Cambridge MPP Kathryn McGarry.

The new tribunal would give more voice to local decision making by eliminating lengthy and costly "de novo" hearings for the majority of planning appeals. The term "de novo" has been used to describe how the Ontario Municipal Board deals with appeals of municipal land use planning decisions, by considering the same issue that was before the municipality as though no previous decision had been made.

Ontario would also make planning appeals more accessible to the public by creating the Local Planning Appeal Support Centre, a new agency that would provide free information and support, which may include representation at the tribunal for citizens who want to participate in the appeal process.

The new legislation would include additional measures to transform Ontario's land use planning appeals system, including:

  • Exempting a broader range of major land use planning decisions from appeal, including new Official Plans, major Official Plan updates and detailed plans to support growth in major transit areas.
  • Establishing a mandatory case conference for complex hearings to encourage early settlements, which would help reduce the time and cost of appeals and create a less adversarial system.

The proposed changes follow extensive public consultations, beginning with the release of a consultation paper in October 2016. The government received more than 1,100 written submissions and held 12 town hall meetings across the province that were attended by more than 700 people.

QUICK FACTS

  • The Local Planning Appeal Tribunal would be an independent tribunal that makes decisions at arms’ length from the government. If the legislation passes, it would replace the Ontario Municipal Board, which began in 1906 as the Ontario Railway and Municipal Board.
  • In 2015-2016 (the most recent year for which data is available), 1,460 matters were referred to the Ontario Municipal Board from across the province.
 

Ontario will introduce new legislation that would, if passed, overhaul the province's land use planning appeals system, giving communities a stronger voice and ensuring people have access to faster, fairer and more affordable hearings.

Background information:

Ontario's Proposed Changes to the Land Use Planning Appeal System

Giving Communities a Stronger Voice

The new law would establish the Local Planning Appeal Tribunal, which would replace the Ontario Municipal Board. The Planning Act would be amended to eliminate "de novo" hearings for the majority of land use planning appeals. Instead, the tribunal would function as a true appeals body for major land use planning decisions.

The proposed law will include the following reforms aimed at giving communities a stronger voice in local land use planning decisions:

•           For complex land use planning appeals, the tribunal would only be able to overturn a municipal decision if it does not follow provincial policies or municipal plans. This would depart from the current "standard of review" for land use planning appeals, where the Ontario Municipal Board is permitted to overturn a municipal decision whenever it finds that the municipality did not reach the "best" planning decision.

•           In these cases, the tribunal would be required to return the matter to the municipality with written reasons when it overturns a decision, instead of replacing the municipality's decision with its own. The municipality would be provided with 90 days to make a new decision on an application under the proposed new law.

•           The tribunal would retain the authority to make a final decision on these matters only when, on a second appeal, the municipality's subsequent decision still fails to follow provincial policies or municipal plans.

 

Under this new model, the tribunal would be required to give greater weight to the decisions of local communities, while ensuring that development occurs in a way that is good for Ontario and its future.

Faster, Fairer and More Affordable Planning Appeals

The proposed new law would introduce major changes to the way land use planning appeals are conducted in order to reduce the length and cost of hearings and create a more level playing field for all participants. Proposed reforms will include:

•           Requiring the tribunal to conduct mandatory case management for the majority of cases in order to narrow the issues and encourage case settlement. The tribunal would also be provided with modern case management powers to ensure meaningful case conferences.

•           Creating statutory rules regarding the conduct of hearings, including setting strict presumptive timelines for oral hearings and limiting evidence to written materials in the majority of cases.

•           Providing the tribunal with modern hearing powers to promote active adjudication, provide for alternative hearing formats and permit assignment of multi-member panels.

•           Giving elected officials greater control over local planning, resulting in fewer decisions being appealed, thereby making the decision-making process more efficient.

Free Legal and Planning Support

The province proposes to create the Local Planning Appeal Support Centre, a new provincial agency mandated to provide free and independent advice and representation to Ontarians on land use planning appeals. The centre would be modeled after the Human Rights Legal Support Centre and would provide planning and legal advice to people who want to participate in tribunal appeals. The centre would deliver the following services:

 

•           Providing Ontarians with general information on land use planning.

•           Offering guidance to citizens on the tribunal appeal and hearing process.

•           Providing legal and planning advice at different stages of the tribunal process, including representation in certain cases at case conferences and hearings.

Sheltering Major Planning Decisions from Appeal

The proposed new legislation would also include measures to exempt a broader range of major municipal land use planning decisions from appeal, which would provide municipalities with greater certainty and timely implementation of major decisions. The following matters would no longer be appealable under the proposed law:

•           Provincial approvals of official plans and official plan updates, including approvals of conformity exercises to provincial plans.

•           Minister's Zoning Orders.

Local Appeal Bodies would also be given more authority. They would be able to hear appeals on site plans, in addition to their current scope of minor variances and consents.

The legislation would also restrict applications to amend new secondary (i.e. neighbourhood) plans for two years, unless permitted by municipal council, and limit the ability to appeal an interim control by-law when first passed for a period of up to one year. The legislation would also protect municipal policies that support appropriate development around protected major transit station areas, such as GO Train stations and subway stops.

Keep in Mind...

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