LO LOCAL LAND USE PLANNING MA MADE E DE EASIER SIER An An i - - PowerPoint PPT Presentation

LO LOCAL LAND USE PLANNING MA MADE E DE EASIER SIER

An An i introd

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e Lo Local Planning A al Planning Appeal Suppo ppeal Support Cen rt Centr tre e

January 2019 Presented by: Mary Lee, Executive Director

@LPASC_ON

Pr Presen esenta8o a8on O n Over ervie view w

I. Changes resul.ng from Bill 139

• II. Introduc.on to LPASC services
• III. Early observa.ons

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Bill 139

Bill 139: Fr From m OMB to LPAT

• Building Be*er Communi/es and Conserving

Watersheds Act, 2017 came into force April 3, 2018 (Bill 139)

• Local Planning Appeal Tribunal Act, 2017
• replaces the Ontario Municipal Board
• Local Planning Appeal Support Centre Act, 2017
• to establish a cost-effec.ve and efficient system to

provide support services to eligible persons for maNers under the Planning Act and the jurisdic.on of the Tribunal

Wha What didn’t chang t didn’t change? e?

• Applica.on and appeal process for Minor Variance

and Consents

• Subdivision Plans (except for non-decisions)

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Ke Key areas of change

OP OP & ZBL & ZBL

More Municipal Control

• Council more accountable for decisions; required to

defend decisions if maNers move to an appeal

Strong Community Voice

• More requirements for public engagement and

transparency of public comment

Protec9ng Public Interests

• Clearer and more regulatory provincial policy framework

to direct local planning decisions

• No appeals of major provincial or ministerial decisions

Tw Two-stage Appeal Process: OP

OPA & ZBLA A & ZBLA

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Council Decision

(made within 210/150 days of receipt of applica.on; or appeal for non- decision)

First Appeal:

If LPAT finds Council’s decision is not consistent or conforming LPAT will send it back to Council for reconsidera.on

Second Council Decision

(made within 90 days of LPAT decision; or appeal for non decision)

Second Appeal:

LPAT has power to modify the OPA/ZBLA to resolve the maNer (tradi.onal oral hearing with live tes.mony

• f expert

witnesses)

LPAT Fi First Appeal OP

OP & ZBL & ZBL

First Appeal Hearing

Appellant Case Synopsis and Appeal Record Due (within 20 days) Respondent No9fies LPAT of inten9on to Respond (within 10 days) Municipality elects dispute resolu9on submits Appeal + Enhanced Municipal Record to LPAT/ Appellant (within 75 days) Responding Case Synopsis and Appeal Record Filed (within 20 days) No9ce of Appeal Filed by Appellant (within 20 days)

Council Decision

WriUen submissions to LPAT for Party or Par9cipant status (30 days prior to CMC) Municipality submits Appeal + Enhanced Municipal Record to LPAT/Appellant (within 15 days) Case Management Conference

LPAT gives No9ce of Validated Appeal LPAT gives No9ce of Case Management Conference

OR

Public Public needs t needs to eng engag age early e early

• Sharing views and interests early with municipality

and developer helps to achieve outcomes that reflect the community’s goals

• Making concerns known at statutory public

mee.ngs or submi`ng concerns in wri.ng to council ahead of decisions will protect an individual’s right to appeal

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LPASC Services

Lo Local Planning and A al Planning and Appeal ppeal Suppo Support rt Centr tre

• Independent, board-governed agency
• Mission: to provide independent, professional

land use planning informa.on, advice and representa.on to Ontarians

• Serving the public across Ontario via website,

email, in-person, phone or video conferencing

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Step 1: Informa ma8on Services resources and general guidance

Web resources

• Self-help guides, including ‘How to par.cipate in

land use planning’ and ‘How to appeal a land use planning decision’

• Tips on how to complete documenta.on
• Frequently asked ques.ons
• Summaries of recent cases
• Glossary of terms
• List of helpful resources

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Step 1: Informa ma8on Services resources and general guidance

Preliminary guidance LPASC can advise on:

• Legisla.on and the applicable policies or plans
• Ac.ons you can take to make your concerns known
• Whether or not the outcomes you hope to achieve

are reasonable and possible

• Steps you need to follow should you wish to submit

an appeal

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St Step p 2: 2: Pr Professio essional Ser nal Servic vices es Advice and representa8on

Before an appeal has been filed, LPASC can:

• Provide planning opinions on the applica.on
• Review the applicable legisla.on and policy

considera.ons

• Research and provide strategies on a course of

ac.on

• Represent or assist you in preparing for public

mee.ngs, and/or dispute resolu.on discussions

• Review, or assist you in comple.ng, documents for

the appeal

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St Step p 2: 2: Pr Professio essional Ser nal Servic vices es Advice and representa8on

AWer appeal is filed, LPASC can:

• Review and provide planning and/or legal opinions
• n your concerns as they relate to the appeal
• Draj documents and correspondence
• Represent or assist you in alterna.ve dispute

resolu.on discussions

• Provide expert planning evidence
• Represent or assist you in prepara.on for hearing

events

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Eligibility c Eligibility crit riteria f eria for pr r professio essional nal ser servic vices es

LPASC assessment begins by understanding whether:

• You or your group have statutory appeal rights
• Your planning concerns align with provincial,

regional and local plans and policies

• Outcome you are seeking is feasible and

reasonable

• Achievable within the established .meframes

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Ben Benefit efits of LP

• f LPAS

ASC

• Help people par.cipate meaningfully
• Provide fairer access to support
• Promote early engagement and resolu.on
• Reduce cost and number of appeals
• Support good decision making and planning
• utcomes in-line with provincial and local policies

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Early Observa9ons

Over 168 commu mmuni8es served

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Thunder Bay not shown here

28% 33% 11% 28%

Pre-decision Appealing Appealed Other

Ty

Type of cases

Cases according to stage

• f appeal

Cases according to type of appeal

• 490 client requests, as of December 31, 2018

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Ea Early Observa8ons

Case example #1:

• Resident concerned about a proposed mid-rise next to

his farmhouse

• LPASC supported client through an early dispute

resolu.on process focusing on issues of land use compa.bility, buffering, and transi.on

• With the assistance of LPASC, the client (the appellant)

was able to work with the municipality and the developer to come to a mutually beneficial seNlement.

• Zoning by-law was amended and the client withdrew

three LPAT appeals; developer pleased with outcome.

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Ea Early Observa8ons

Case example #2: Party status of applicant

• Key LPAT rule recently tested as a result of a client case

underway in Kitchener

• Applicant brought a Mo.on to LPAT reques.ng party

status prior to a Case Management Conference

• LPASC argued against the Mo.on, sta.ng that it would

be unfair to other par.es

• Tribunal sided with LPASC posi.on: reaffirming the

importance that it review the complete record before gran.ng party status, and that all par.es should be determined at one .me at the CMC for fairness and efficiency

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Wha What o t our clien ur clients sa ts say y

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“ The process is very complicated…the breadth is not at all accessible to the average taxpayer. It is a system that requires a lawyer and professional planner to have any chance of ge`ng the right evidence to support the appeal.” “ Individual residents have a difficult .me naviga.ng this system. Nice to have someone who puts it in layman terms.” “ We need access to local planners to be involved in the process.” “ You are providing a very valuable service to ratepayers who, in the past, have been at a disadvantage in dealing with development projects.”

Do Do y you ha u have a land use planning e a land use planning que ques8o s8on? n?

Contact LPASC

• Online: www.lpasc.ca
• Email: info@lpasc.ca
• Call: 647-499-1646
• Toll-free: 1-800-993-8410

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