Dear recipient, Subject: ERO…

Dear recipient,

Subject: ERO posting No. 019-9065; Submission Regarding the Transition of
Land Use Planning Matters; Matters Before the Ontario Land Tribunal

The Minister of Municipal Affairs and Housing has issued the Provincial Planning
Statement as a policy statement under subsection 3(1) of the Planning Act, to take effect
on October 20, 2024. The related ERO posting No. 019-9065 indicates that consideration
will be given to the transition of land use planning matters through the potential issuance of
a transition regulation.

I am writing, on behalf of the County of Middlesex, in response to the recent
provincial posting regarding the 2024 Provincial Policy Statement (PPS) and its implications
for ongoing land use planning matters. Our municipality currently has several Official Plan
Amendments (OPAs) under appeal at the Ontario Land Tribunal (OLT) with procedural
orders and hearing dates set over the next 18 months. The relevant OLT Case Numbers are:
OLT-23-001073 (Middlesex Centre Official Plan Amendment No. 59), OLT-23-001001 (Lucan
Biddulph Official Plan Amendment No. 10), OLT-23-001320 (Thames Centre Official Plan
Amendment No. 27), and OLT-24-000069 (Strathroy-Caradoc Official Plan Amendment No.,
14).

These OPAs were developed, reviewed, and approved by Local and County
Councils, including substantial public engagement, based on the previous 2020 Provincial
Policy Statement. This review included a conformity exercise with the County of Middlesex
Official Plan, which was recently updated, again consistent with the 2020 Provincial Policy
Statement.

The introduction of the 2024 PPS represents a significant shift in policy direction.
This new framework appears to directly impact the subject matters of the appealed OPAs
including the forecast and allocation of growth. We are concerned that the OLT will now be
required to evaluate these OPAs against the 2024 PPS – a policy regime under which they
were neither considered nor intended to be assessed originally. This situation introduces a
layer of complexity that could result in substantial delays and the inefficient use of
resources, both at the municipal level and within the Tribunal.

These delays would not only increase the cost and time investment for all parties
involved but could also have the unintended consequence of stalling housing
developments, a critical concern in our region.

Given the provincial posting's emphasis on timely and effective land use planning,
we suggest the following transition measures be considered:

1. Referral Back to Municipalities: The appealed OPAs be referred to the respective
municipalities for a reassessment and re-approval process that aligns with the 2024
PPS framework.

2. Approval with Municipal Conditions: The appealed OPAs be approved as they
currently stand but require municipalities to undertake a subsequent exercise to
ensure their official plans are consistent with the 2024 PPS.

3. Approval with Developer Flexibility: The appealed OPAs be approved in their
current form, permitting appellants to submit new OPAs that are developed in
accordance with the 2024 PPS.

We believe these suggestions would align with the Provincial government's
objectives as outlined in the posting and would help ensure that housing and development
initiatives proceed without undue delay while also minimizing the inefficient use of
resources.

We would be happy to provide further information or discuss our submission in
greater detail at your convenience.

Thank you for your attention to this important matter.
Yours truly,
Durk Vanderwerff, MCIP RPP
Director of Planning and Development