May 9, 2024 Review of…

May 9, 2024

Review of Provincial Planning Statement 2024. ERO number 019-8462

My comments follow-up on comments sent through the EBR May 23, 2023

I have practiced in Ontario’s land use planning system for over 40 years. In May 2023 I recommended the government approve as soon as possible Provincial Planning Statement 2023 as written. Having reviewed the updated 2024 Planning Statement, I recommend Ontario make minor clarifications before approving the new planning policy framework.

A new Provincial Planning Statement is critical to change attitudes toward land use planning in Ontario. A generation of municipal land use planners work in a system, heavily impacted by central control, with so much policy describing Provincial interests that local initiative is restrained. As I review comments from planners in Ontario on the new Planning Statement 2024 there is still resistance to change and an inability to let go of the cozy bureaucratic framework Provincial Policy Statement 2020, the Growth Plan and other technical and policy documents provided.

Some changes in Bill 185 are important. Eliminating mandatory pre-consultation and removing the punitive fee claw backs for site plans and rezoning are positive steps. Many municipalities were adjudicating applications in the pre-consultation stage. Time and money spent on technical studies to achieve complete applications to make the formal Planning Act process smoother did not help. Pre-consultation began to take longer than the Planning Act amendment itself. Removing the threat of fee refunds should help municipalities limit pre-consultation and focus their efforts on Planning Act processes for faster decisions. I am concerned about removing private citizen appeal rights on certain Planning Act applications. Residents who participate in public meetings, live within the areas circulated for an application and take legal and professional advice should be permitted to appeal.

The common refrain on Planning Statement 2024 is municipal planners concerned with the loss of the municipal comprehensive review process, and worry that Bill 185 re-instates developer appeal on settlement boundary adjustments. The municipal comprehensive review process and lack of developer appeal on settlement boundary changes are two major impairments to new housing creation. Currently settlement boundaries are fixed for five years minimum, and municipal comprehensive reviews seem to take 6 years or more.

Recommendation 1: Ontario must hold firm on these two issues.

1. No more municipal comprehensive reviews needed to establish or enlarge a settlement area.
2. Permit developers to apply to amend settlement boundaries with appropriate studies as need dictates and if local approval is denied allow developer appeal to the Ontario Land Tribunal.

In Provincial Planning Statement 2023, I was optimistic Ontario saw the value of limited residential development in suitable rural areas that are not specialty crop zones and not Class 1, 2, or 3 agricultural lands. Rural lots meet a high-end market demand that has been under supplied for many years. This has led to wealthy urbanites driving up the cost of homes and lots in small rural settlements (i.e. Palmerston, Harriston). New rural lot creation, even minor expansions to existing rural subdivisions will increase high end residential lot supply, so that housing cost in small rural settlements might remain affordable.

Policy 2.6 1. (c) is changed in Planning Statement 2024 by removing the words “and multi-lot residential development” in response to some concern this may encourage new estate subdivisions in rural areas. I strongly support minor rounding out and infilling of existing rural subdivisions where site conditions are suitable and other policy directions in 2.6 are met.

Recommendation 2 that section 2.6.1. (c ) read as follows:

c) residential development, including lot creation and minor infilling and rounding out of existing multi-lot residential developments, where site conditions are suitable for the provisions of appropriate sewage and water services.

Lot creation policies in prime agricultural areas were removed in Planning Statement 2024 in recognition of Agricultural Federation lobbying. I support additional residential units being allowed in prime agricultural areas. Planning Statement 2024 does not prevent municipalities from being more restrictive than Ontario’s policy if that is the community interest.

Policy 4.3.1 #1 does not recognize there are many pockets of mis-designated prime agricultural lands that are small, nearby existing rural homes and unusable for agriculture use. These agricultural lands are not part of the contiguous agricultural system.

Recommendation 3 that section 4.3.1 #1 read as follows:

4.3.4 Removal of Land from Prime Agricultural Areas

1. Planning authorities may only exclude land from prime agricultural areas for expansions of or identification of settlement areas in accordance with policy 2.3.2. or small parcels that are not contiguous with Specialty crop areas or Canada Land Inventory Class 1, 2 and 3 lands.

I continue to believe the Planning Act RSO 1990 had become overly complex and not up to date with contemporary technology and communication practices. Once the new Planning Statement is approved, a comprehensive review of the Planning Act with a view to streamlining and supporting locally driven processes is needed.

It’s time to end consultation and adopt a new policy. With the changes suggested in Recommendations 1, 2, and 3, I support Ontario’s new Provincial Planning Statement 2024.