Port Stanley Foodland
The Bluffs Golf Club
Port Stanley News
Century 21 First Canadian Corp
Jeff Yurek, MPP
Shedden Library July and August 2019 Events

Port Stanley News RSS Feed  News Local Planning Appeal Tribunal

News

by Doug Harvey

Local Planning Appeal Tribunal - Kevin McClure, Planner, Central Elgin Planning Office, made a presentation on Local Planning Appeal Tribunal (LPAT) at the Regular Meeting Of Council On Monday, August 27th, 2018.

Building Better Communities and Conserving Watersheds Act, 2017

Key highlights to the land use planning and appeals system

Overview

  • Building Better Communities and Conserving Watersheds Act, 2017
    • received Royal Assent December 12, 2017
    • proclaimed on April 3, 2018
  • Made changes to the Planning Act and various other Acts
  • Repealed Ontario Municipal Board Act and replaced it with Local Planning Appeal Tribunal Act, 2017
  • Enacts the Local Planning Appeal Support Centre Act, 2017 which establishes a new independent agency

Key Highlights

  • Planning Act changes
    • Provide more municipal control, provide a stronger voice from the public on local land use planning decisions, and increase the protection of public interests as defined by the Province.
  • The Local Planning Appeal Tribunal
    • The Local Planning Appeal Tribunal (LPAT),as established through the Local Planning Appeal Tribunal Act, 2017, is an independent, province—wide appeal and dispute resolution body for land use planning matters and replaced the Ontario Municipal Board.
    • Reports administratively through Environment and Land Tribunals Ontario to the Ministry of the Attorney General.
  • Local Planning Appeal Support Centre Act, 2017
    • Creates the Local Planning Appeal Support Centre (LPASC)as a new independent agency.
    • Gives LPASC the mandate to establish and administer a cost-effective and efficient system for providing support services to persons determined to be eligible for matters governed by the Planning Act that are under the jurisdiction of the Tribunal.

Key Changes to the Planning Act

  • More Municipal Control
    • No Amendments for Two-Years (for new Secondary Plans)
    • No Appeal of Interim Control By-laws When First Passed
    • More Authority for Local Appeal Bodies (LABS)
    • Longer Decision Timelines (Official Plans/Amendments, Zoning By-Laws/Amendments, Holding By—Laws)
  • Greater Deference to Municipal Decision-Making
    • Consistency / Conformity Standard
    • Requirement to Send New Information Back to Approval Authority
    • LPAT Authority Limited to Matters that were Part of Council Decision
  • Protecting Public Interests as Defined by Province
    • No Appeal of Major Provincial Decisions
    • Minister's Zoning Orders
    • Climate Change
    • Affordable Housing

Planning Act Changes — Municipal Control

  • No Amendments for Two-Years (for new Secondary Plans)
    • Brings forward similar changes made to the Act that restricted amendments to brand new Official Plans and Comprehensive Zoning By—Laws.
    • Gives more control and certainty to municipalities by allowing them to implement their Planning documents while allowing them to opt—out of some or all amendment applications.
  • No appeals of Interim Control By-Laws (when first passed)
    • Gives more control to municipalities by restricting appeals so that municipalities can undertake the work that is required through the Interim Control By—law process.
  • More Authority for Local Appeal Bodies
    • The Act allows for the establishment for Local Appeal Bodies that would replace the function of the LPAT for minor variance, consent, and site plan control.
  • Longer Decision Timelines
    • Purpose is to allow for more time for public consultation and dispute resolution prior to making a decision to avoid appeals.
    • Official plans and official plan amendments — 210 days (previously 180 days)
    • Zoning by-law amendments - 150 days (previously 120 days)
    • Holding by-laws - 150 days (previously 120 days)

Planning Act Changes - Municipal Decision-Making

  • Consistency / Conformity Standard
    • Changes the standard of appeal for municipal decisions/refusals on official plans/amendments, zoning by—laws/amendments and community planning permit by—laws,and for the appeal of municipal non—decisions for applicant initiated official plan or zoning by-law amendments.
    • Limits the ability of the LPAT to overturn municipal decisions by dismissing an appeal of a local decision unless it is inconsistent with the Provincial Policy Statement, does not conform/conflicts with provincial plans, does not conform with applicable official plan(s) (e.g., upper—tier official plan).
    • For appeals of decisions, appellants must now set out reasons why council decision is inconsistent/does not conform with provincial policy and/or applicable official plan.
    • For appeals of a non—decision or a refusal, applicants must demonstrate: (1) how their proposal would be consistent with provincial and local policies and (2) how existing official plan policies or zoning provisions fall short.
  • Consistency / Conformity Standard
    • Requirement for the LPAT to return a matter to the municipality for new decision when it determines that municipal decision/settlement on a major land use planning matter did not follow provincial/local policies.
      • If a matter is returned, the municipality has up to 90 days to issue a new decision on an application.
      • If a new municipal decision is not made within the timeframe, the matter can be appealed and LPAT makes the final decision
    • New consistency/conformity standard does not apply to appeals that are exclusively site—specific in nature (e.g., subdivisions, consents, minor variances) or appeals of approval authority non—decisions on official plans and official plan amendments.
  • Requirement to Send New Information Back to Approval Authority
    • Requirement for LPAT to send new information and material at subdivision hearings back to municipality for re-evaluation of original decision if the municipality requests the information and material be returned.
    • Gives municipalities the ability to require the LPAT to send material back if it would like the opportunity to review new information on a subdivision application submitted during an appeal.
    • Municipality only has 60 days to reconsider its decision and make a written recommendation to the LPAT.
  • LPAT Authority Limited to Matters that were Part of Council Decision
    • Changes clarify that LPAT authority is limited to only dealing with parts of an official plan that were part of Council's decision

Planning Act Changes — Protecting Public Interest

  • No Appeal of Major Provincial Decisions
    • Change means there is no appeal of a provincial decision to approve, modify or refuse all or part(s) of a new official plan or an official plan update where the Minister is the approval authority, including conformity exercises to provincial plans done through section 26 of Planning Act.
    • Province’s decision cannot be appealed whether it is made within the statutory timeframe (210 days) or once the timeframe has expired — however, an appeal can be made if no provincial decision is issued when statutory timeframe has expired.
  • Minister's Zoning Orders
    • removes ability for anyone to require Minister to refer MZO to Tribunal and means that the Minister of Municipal Affairs is the final decision-maker related to any requests to amend or revoke a MZO.
  • Climate Change
    • Requirement for all municipal official plans to include climate change policies, such as goals, objectives and actions to mitigate greenhouse gas emissions and adapt to a changing climate, including through increasing resiliency.
  • Affordable Housing
    • Change further supports the implementation of provincial policies and plans that require an adequate supply of housing, including affordable housing.

Hearing Process Changes

  • Local Planning Appeal Tribunal (LPAT)
    • Bill 139 established the LPAT as the province-wide body for land use planning matters which replaced the Ontario Municipal Board.
  • Local Planning Appeal Support Centre (LPASC)
    • Bill 139 established the LPASC as a new independent agency
  • Supporting Citizens
    • Establishing the Local Planning Appeal Support Centre
    • Creating User-friendly Websites for LPAT and LPASC
    • Making LPAT Decisions Publicly-accessible
  • Modernized Processes and Reducing Adversarial Hearings
    • Introducing Mandatory Case Management Conference Process
    • Changing Requirements for Oral Testimony and Evidentiary Record
    • Promoting Active Adjudication

Hearing Process - LPAT

  • Local Planning Appeal Tribunal (LPAT)
    • The Ontario Municipal Board Act was repealed and the LPAT was established as the province—wide appeal body for land use planning matters.
    • Intention was to make hearings faster and fairer, by modernizing the hearing procedures and practices, including more timely processes and decisions.
    • Tribunal members are now more active in hearings.
    • Greater promotion of alternative dispute resolution and reducing the number of hearings.

Hearing Process — Supporting Citizens

  • Creation of the Local Planning Appeal Support Centre
    • provides information and support for citizens who want to participate in the land use planning appeal process before the LPAT.
    • Provides information on land use planning, guidance on board procedures, and advice and representation to citizens in certain matters.
    • The Local Planning Appeal Support Centre is established as a separate agency.
  • Creating User-friendly Websites for LPAT and LPASC
    • Improve access to information and resources to better support citizen participation and engagement in the process.
    • provide clear information on Tribunal practices and procedures through easy to-understand educational videos on the hearing process and easy access to past decisions.
  • Making LPAT Decisions Publicly-accessible
    • Make the LPAT process easier to navigate by making decisions easier to understand and increased transparency throughout the process.

Hearing Process — Revisions

  • Mandatory Case Management Conference Process
    • For major planning matters, this process is intended to narrow issues and promote settlement.
    • Similar to pre—hearing conferences that were held at the Ontario Municipal Board but allows for the Tribunal Member to be more active in guiding the proceedings and make it less adversarial.
    • Require submissions to the Tribunal to be made 30 days before the case management conference and, at the case management conference, the Tribunal is required to explore opportunities for mediation and settlement with parties.
  • Changing Requirements for Oral Testimony and Evidentiary Record
    • New rules regarding the conduct of proceedings which limit oral testimony and the evidentiary record
    • Eliminating oral testimony in major land use planning appeals at the Tribunal.
    • For matters that fall under the consistency/conformity test, only parties to the appeal may provide oral submissions.
    • On matters that do not fall under the consistency/ conformity test but are complex (i.e., approval authority non-decisions on official plans and plans of subdivision), parties and other persons, as determined by the Tribunal, may provide an oral submission.
    • No persons or parties may introduce new evidence or call or examine witnesses at oral hearings.
  • Promoting Active Adjudication
    • The LPAT Act clarifies the Tribunals power to ask questions, examine a party and require a party to produce evidence.
    • Active adjudication can lead to less adversarial hearings, which can benefit all parties.
    • Adjudicators play a more active role in proceedings by, for example, explaining rules and procedures, scoping issues and evidence and questioning witnesses.

Last Updated: Tuesday, 28 August 2018 13:44:55 PM EST

Follow Us

Tuesday, August 20, 2019 | | Welcome Guest !

Copyright © 2004 - 2019 Port Stanley News.com All Rights Reserved ISSN 1718-8695