z Bill 139 - Building Better Communities and Conserving Watersheds - - PowerPoint PPT Presentation

z Bill 139 - Building

Better Communities and Conserving Watersheds Act, 2017

Changes to the Ontario Municipal Board

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BILL 139 - Building Better Communities and Conserving Watersheds Act, 2017

• Review of the Ontario Municipal Board (OMB)
• Strengthen Communities Voice
• Protect Public Interests
• Improve Access to Dispute Resolution
• Transparency
• Minimizing impacts

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April 3rd 2018

• Planning Act Changes
• Repeal of the Ontario Municipal Board Act
• Replaced with the Local Planning Appeal Tribunal Act, 2017
• OMB = LPAT (Local Planning Appeal Tribunal)
• Changes to Land Use and Appeal System

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LPAT (Local Planning Appeal Tribunal)

• Changes to appeal process for Official Plan Amendments (OPAs) and

Zoning By-law Amendments (ZBA)

• Plans of Subdivision/Condominium, Site Plan, Consents and Minor

Variances appeal process unchanged.

• The ‘Tribunal’ is an independent dispute-resolution body
• Official Plans and Official Plan Updates (major) can no longer be appealed
• Greater weight to the decisions of local councils and committees
• Ensure faster, fairer and more affordable hearings (Local Planning Appeal

Support Centre)

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Local Planning Appeal Support Centre

• Previously, few supports for ordinary citizens
• Now, legal and planning help for both citizens and community

associations

• The Support Centre is now operational

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LPAT Time Lines

• 10 Months – Official Plan Amendment; Zoning By-law

Amendment

• 6 Months – Second Review of Application (to be discussed)
• 6 Months – Plans of Subdivision/Condominium; Consent; Minor

Variance and Site Plan

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Filing an Appeal

• Is inconsistent with the Provincial Policy Statement;
• Fails to conform with or conflicts with a provincial plan; or,
• Fails to conform with an applicable Official Plan.
• OR
• Is in conformity with:
• The Provincial Policy Statement;
• A provincial plan; or,
• The upper-tier municipality’s Official Plan.

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Tribunal Hearing Process

For Official Plan and Zoning By-law Amendments: Mandatory Case Management Conferences (CMC)

• Oral testimony, new evidence and witness examinations are eliminated
• The Test: Consistency and Conformity
• Appeals are dismissed unless Council’s decision is inconsistent with the

PPS or does not conform to an Official Plan When Tribunal determines that the decision is inconsistent and does not conform: Application is sent back to Council for a second public meeting and a new decision

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Planning Act Changes

• Longer Decision Timelines:
• OPA = 210 days (previously 180 days)
• ZBA = 150 days (previously 120 days)
• Joint OPA/ZBA = 210 days
• No appeal of Provincial Decisions of an Official Plan or Five Year

Review Official Plan Amendment

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Transitions

• Appeals prior to April 3rd 2018 – Old Rules (heard through LPAT)
• Appeals after April 3rd 2018 – New rules (heard through LPAT)
• Municipal or County led OPAs prior to December 12th 2017

(OMB will deal with these matters)

• Municipal or County led OPAs between December 12th to

present (LPAT, new rules).

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North Perth Planning Department

• Update Application Forms
• Update Notices to Public
• OPAs and ZBAs must reflect the ‘consistency’ and ‘conformity’

standard of appeal

• Staff Reports/Planning Justification Reports must contain

sufficient detail to stand alone if reviewed by the Tribunal

• Should an application be appealed a second time, the process

remains similar to the previous OMB process.

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Questions?