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 oduc8 c8on on t to t o the 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 2

Bill 139 3

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) 5

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

Two-stage Appeal Process: Tw OP OPA & ZBLA A & ZBLA Second Appeal : First Appeal: Second Council LPAT has power Council If LPAT finds Decision to modify the Council’s Decision OPA/ZBLA to decision is not (made within resolve the (made within 90 consistent or 210/150 days of maNer days of LPAT receipt of conforming LPAT decision; or (tradi.onal oral applica.on; or will send it back appeal for non appeal for non- hearing with to Council for decision) decision) live tes.mony reconsidera.on of expert witnesses) 7

LPAT Fi First Appeal OP OP & ZBL & ZBL LPAT gives LPAT gives First Appeal Council No9ce of No9ce of Hearing Case Management Decision Validated Appeal Conference Appellant Case WriUen submissions No9ce of Appeal Synopsis and Appeal to LPAT for Party or Filed by Appellant Record Due Par9cipant status (within 20 days) (within 20 days) (30 days prior to CMC) Municipality submits Appeal + Enhanced Respondent No9fies Municipal Record to LPAT of inten9on to Case Management LPAT/Appellant Respond Conference (within 15 days) (within 10 days) OR Responding Case Municipality elects Synopsis and Appeal dispute resolu9on Record Filed submits Appeal + (within 20 days) Enhanced Municipal Record to LPAT/ Appellant (within 75 days)

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

LPASC Services 10

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 11

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 12

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 13

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 14

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 on 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 15

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 16

Ben Benefit efits of LP of 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 outcomes in-line with provincial and local policies 17

Early Observa9ons 18

Over 168 commu mmuni8es served Thunder Bay not shown here 19

Ty Type of cases Cases according to Cases according to stage type of appeal of appeal Pre-decision 28% 28% Appealing Appealed 11% Other 33% • 490 client requests, as of December 31, 2018 20

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. 21

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 22

What o Wha t our clien ur clients sa ts say y “ 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.” 23

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 24