August 3rd, 2023 Ministry of…

August 3rd, 2023

Ministry of Municipal Affairs and Housing
Provincial Land Use Plans Branch
13th Floor, 777 Bay St
Toronto, ON M7A 2J3 Canada

RE: File No: 019-6813
Supplementary Letter - Review of Proposed Policies Adapted from A Place to Grow and Provincial Policy Statement to Form a New Provincial Planning Policy Instrument
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On behalf of the Upper West Side Landowners Group (UWSLG) (formerly Twenty Road West Landowners Group), Corbett Land Strategies Inc. (CLS) wishes to submit this supplementary letter in response to the Province’s new draft Provincial Policy Statement (PPS) document. These comments are in respect to the lands located within the block of Twenty Road West, Upper James Street, Dickenson Road and Glancaster Road, within the City of Hamilton (Subject Lands). It is understood that the Province is reviewing and amending policies to replace the existing Provincial Policy Statement, and a Place to Grow: Growth Plan for the Greater Golden Horseshoe.

In addition to the previous letter that was submitted on May 29th, 2023, on behalf of the landowners, a few points of clarification pertaining to the noise policies have been included for consideration.

Noise:

Under the current PPS policy new infill residential development and other sensitive land uses are permitted up to the 30 NEF. In addition to the 30 NEF, Transport Canada considers development potentially up to the 35 NEF, subject to specific conditions. These policies are specifically mentioned within the guiding document, Aviation – Land Use in the Vicinity of Aerodromes – TP1247: Section 4.8, Table 2. The footnotes attached to Table 2 identify that if residential construction or development does proceed, the responsible authority shall be satisfied that: “(1) appropriate acoustic insulation features have been considered in the building and (2) a noise impact assessment study has been completed and shows that this construction or development is not incompatible with aircraft noise”.

Based on these guidelines and existing surrounding developments, providing residential development within the vicinity of airport operations can be safely achieved. As such, and in accordance with Transport Canada policies, we are suggesting the new PPS include the following noise policies to allow for residential development up to the 35 NEF with the same conditions as contained within the above referenced Transport Canada guidelines.

The previous letter provided suggested policy changes to Section 3.4 of the PPS. After further time and deliberation, we are proposing enhancements to our original policy suggestions to clarify our position and allow for urban uses such as infill residential to be permitted in appropriate locations next to airport facilities. This is essential to enable housing to proceed in alignment with Provincial policies without compromising airport operations. Please see the proposed amending language to Section 3.4 Airports, Rail and Marine Facilities below.

“Section 3.4 Airports, Rail and Marine Facilities

2. Airports shall be protected from incompatible land uses and development by:

a) Regulating new residential development and other sensitive land uses in areas near airports above the 30 NEF/NEP;

b) considering redevelopment or infilling of sensitive uses, including residential uses, in areas above the 30 NEF/NEP only if it has been demonstrated that there will be no negative impacts on the long-term function of the airport;

c) discouraging land uses which may cause a potential aviation safety hazard; and,

d) Considering infilling or redevelopment for residential and other sensitive uses above the 30 NEF/NEP if the responsible authority is satisfied that:
i) a noise impact assessment study has been completed that demonstrates that aircraft noise can be appropriately addressed;

ii) appropriate noise mitigation measures have been incorporated in the building design, and construction; and,

iii) the developer will be required to inform all purchasers and prospective tenants of aircraft noise above the 25 NEF/NEP.”

CONCLUSION
This submission is intended to provide further information to the Ministry in consideration of the new proposed PPS planning document. It is the hope of the UWSLG that the above comments will assist in the Province’s changes and implementation to the new PPS planning document. Should there be any questions or a need for further information, feel free to reach out to the below.

Sincerely,

John Corbett
__________________________________
John B. Corbett, MCIP, RPP
President
Corbett Land Strategies Inc.
john@corbettlandstrategies.ca
416-806-5164