1.1 Study Requirements …

1.1 Study Requirements (Complete Application)
While the new regulation may result in consistency in required reports and studies in conformity with the Official Plan, the following concerns are noted:
• It is recommended that the determination of required studies be delegated to individual municipalities, as they are best positioned to assess local conditions, planning priorities, and community needs. This approach allows for greater flexibility and ensures that study requirements are context-specific and aligned with municipal objectives.
• Overall, the proposed changes would have the effect of reducing the number of studies that make up a complete application which may affect the quality and completeness of information required for the development review process and create risks for the municipality with respect to decision making.
o For example, if a particular study required to assess specific impacts is not submitted (e.g. sun/shadow study), the municipal staff may not have the complete information, in order to make a professional recommendation and may potentially create an adverse situation for the adjacent residents e.g. adjacent residences may not receive sunlight in winter seasons.
o Similarly in the absence of a Lighting Plan, light trespassing on to the neighboring properties or lighting levels (low lighting levels may result in unsafe conditions for users while high levels may result in over lit properties) might not be assessed in approving a development application.
o In many cases, once the developer/builder completes the projects and problems begin to arise as a result of undesirable conditions, the municipalities are left to deal with those situations while the residents remain impacted.
• There may be situations where local context and site-specific conditions for a proposed development may trigger the need to require specific studies which may or may not be included in the Official Plan e.g. hydrogeological studies to assess water balance, ground water, etc. particularly in the context of the Town of Whitchurch-Stouffville.
• As the Town of Whitchurch-Stouffville grows and intensifies with compact development, it is vital to manage its built form and the pedestrian realm as well as complex matters often arising on sites, resulting in requirements for specialized studies. Sun/shadow, wind, urban design and lighting studies help ensure these areas remain comfortable, with height, massing, privacy, sun and shadow impacts often top concerns at public meetings. In such situations, the municipalities would be at a risk to proceed with decision-making on such applications in the absence of required information.
• The proposed regulation states that “In cases where an exception is required to enable additional studies, municipalities may seek approval from the ministry.”
o While Bill 17 makes it clear that the municipalities may only be able to require studies that are listed in the municipal Official Plans, it is unclear as to what the process would be, should a municipality require additional studies through Ministerial approval such as timing for such requests to the Ministry, staff or Council level request, justification requirements, etc.
1.2 Certified Professionals
• A blanket approach to certified professions is not supported given the required specialized subject matter experts, especially in the Town of Whitchurch-Stouffville, which is subject to numerous Provincial Plans and policies including very specific technical study requirements.
• Staff will be restricted to comment on studies and reports (“materials”), should the materials be prepared by a prescribed professional and these materials would be required to be accepted by the Town.
• Staff have concerns that in a situation that the submission materials prepared by a prescribed professional are of poor quality, incomplete or do not meet the municipal criteria or standards, the materials would have to be deemed complete regardless, by the municipality. This can cause significant issues and poses risks for the municipality as well as issues at the Ontario Land Tribunal with respect to quality of information provided by prescribed professionals and acceptance of information. This can also lead to delays in decision-making by the municipality, leading to potentially more OLT appeals for either non-decisions or refusals of applications.