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

Changes to the Ontario Municipal Board z Bill 139 - Building Better Communities and Conserving Watersheds Act, 2017

z 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

z April 3 rd 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

z 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)

z 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

z 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

z 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. 

z 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

z 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

z Transitions Appeals prior to April 3 rd 2018 – Old Rules (heard through LPAT)  Appeals after April 3 rd 2018 – New rules (heard through LPAT)  Municipal or County led OPAs prior to December 12 th 2017  (OMB will deal with these matters) Municipal or County led OPAs between December 12 th to  present (LPAT, new rules).

z 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.

z Questions?