The Parkland Regulation Only…

The Parkland Regulation Only Applies to Encumbered Parkland
For clarity sake BILD and OHBA recommend that the final version of the encumbered parkland regulation make it clear that the regulation only applies to encumbered parkland, being parkland described in section 42(4.31a and 4.31b) of the Planning Act. It is not sufficient that it refers only to section 42(4.31) since the opening words of that section covers more than just encumbered parkland. I note that section 42(4.30) of the Planning Act speaks more generally about parkland and provides the regulatory authority. Since the regulations are only directed at encumbered parkland (being strata parks and POPS), the regulation itself should be clear that it is only dealing with section 42(4.31a and 4.31b) of the Planning Act.

The Parkland Regulation Should be Revised to Reflect Greenbelt Plan (and ORMCP) Rules
The proposed regulation seeks to prohibit the following lands from qualifying for the minimum 70% encumbered parkland credit. “Lands in the Natural Heritage System of the Greenbelt Plan or in the Natural Core or Natural Linkage Areas of the Oak Ridges Moraine Conservation Plan or unless in accordance with policies of the Niagara Escarpment Plan.”
BILD and OHBA propose that the restriction be revised as follows:
“Lands which contain Key Natural Heritage Features or Key Hydrologic Features in Greenbelt Plan or in the Oak Ridges Moraine Conservation Plan or unless in accordance with policies of the Niagara Escarpment Plan.”

This would ensure that the same Greenbelt and ORMCP rules for traditional parkland (i.e. fee simple terra firma) apply equally to encumbered parkland. Unfortunately, the proposed regulation as drafted is more restrictive than both the Greenbelt Plan and the ORMCP. The Greenbelt Plan permits both stormwater management facilities and parkland in the Protected Countryside, on lands which are covered by the Natural Heritage System overlay, on Rural designated lands, provided they are outside Key Natural Heritage Features and Key Hydrologic Areas. Both of these uses are permitted on their own BUT if they are combined on top of one another as strata (i.e. park on top and stormwater management facility below), the proposed regulation prohibits it. BILD and OHBA believes that this was unintentional and needs to be addressed before the final regulation is enacted.