Streamlining Municipal…

Streamlining Municipal Planning Responsibilities
Requires Further Review: Recommend “Upper Tier Municipalities with Limited Planning
Responsibilities” with a transition period

The proposed changes would result in unintended consequences, as they undermine the Region’s ability to appropriately plan, protect for, and coordinate Regional infrastructure required to support growth. Matters of provincial interest under section 2 of the Planning Act, including: the orderly development of safe and healthy communities; the coordination of planning activities of public bodies; the appropriate location of growth and development; and the promotion of development that is designed to be sustainable do not appear to be accounted for.

Short to medium term impacts on application processing (particularly smaller municipalities), due to staffing and resourcing can be expected. The ability for Upper and Lower-Tiers to enter into agreements regarding application review that best suits their needs should be maintained. Changes should account for economies of scale.

Upper Tier review of development applications includes responsibilities delegated through MOUs with the province. Provincial approval of local official plans and major amendments will cause delays since staffing, training, resourcing and coordination is required at the provincial level.

Upper Tier planning informs Regionally owned and operated services, including master plans, transit services, DC studies, infrastructure forecasts, financial plans and major environmental assessments. Decoupling key land use decisions from Upper-Tier infrastructure/service plans and investments reduces coordination, risks delays to key infrastructure studies, and creates misalignment of processes and decisions that cross local municipal boundaries. The planning and servicing of a long-term market-ready supply of Employment Lands would become more difficult, affecting investment readiness of the Region.

It is recommended that the terminology be revised to “Upper Tier Municipalities with Limited Planning Responsibilities” to appropriately reflect Upper Tier functions, through the continuation of Upper Tier official plans – the scope of which could be prescribed through the future PPS or other mechanism.
Regional Plan review responsibilities could be scoped to responsibilities in areas of growth management, Regional infrastructure and service provision and any areas delegated from the province through MOUs.

The local municipal approval of OPAs, subdivisions, land division, part lot control exemptions, as well as exemption of 10 units from site plan is acceptable provided the Region is still able to receive right of way widenings and other Regional requirements as conditions of development when located on Regional roads or when Regional infrastructure/services are required. A transition period is also recommended in light of resourcing.

Third Party Appeals
Requires Further Review: Upper Tier interests in infrastructure and services

Upper-Tier municipalities own, operate and maintain: Regional roads; Regional sewer and watermain infrastructure including major plants and linear infrastructure; Regional facilities including housing and social services; Regional transit systems, and a range of other services.

The Region has a strong interest in ensuring that new development: is permitted within the Region’s ability to service; addresses transportation, traffic or other infrastructure impacts so that Regional systems can operate effectively; and, does not cause land use compatibility, and/or other impacts which cannot be satisfactorily mitigated. The proposal would undermine Upper-Tier interests in ensuring the long-term integrity of Regionallyowned services, and could result in misalignments and inefficiencies.

It is suggested that Upper Tiers be provided with the same appeal rights as other prescribed parties and public bodies in recognition of their role in the planning and delivery of key services and infrastructure.

Addressing the Missing Middle
Support in Principle, subject to Infrastructure Capacity

The notion of gentle intensification is generally supported as it offers more affordable housing where zoning may have been a barrier. In unserviced areas, the increase units could be a strain on private well and septic systems which could result in a negative impact on the groundwater quality and quantity both on- or off-site.

In smaller urban areas where servicing capacity is limited, this change could affect the ability of these urban areas to accommodate additional development, since reserve sewage capacity would be required to reflect this legislative change.

Higher Density Around Transit
Support in Principle, subject to Infrastructure Capacity and TOC achievement

Regional Official Plans include TOC areas and higher order cross-regional transit projects, since these areas: are on Regional roads; require extensive Regional water and sewer infrastructure; and, are focal points for Regional transit service and Regional active transportation initiatives. As-of-right zoning, generally supports MTSA policies and transit project advancement. Ensuring success involves Regional planning and coordination. Implementing zoning should include the ability for the Region to provide clearance based on available servicing/infrastructure capacity and achievement of TOC objectives.

Removal of requirement for Public Meetings for Plans of Subdivision
No Concern, subject to ability for public input through other Planning Act applications

These applications are normally filed in tandem with other applications (rezonings). In these cases, the proposal is not expected to be a concern. However, in situations where lands may be pre-zoned (either historically or through MZO), the proposal removes the only remaining opportunity for public comment.

Site Plan – Exemption for development up to 10 units and exemption of Architectural Details and
Landscape Design
Support in Principle, subject to Upper Tier ability to require conditions The Region has an interest in matters of site contamination, land use compatibility or other issues not addressed through prior planning approvals (i.e. rezoning), or where developments are along Regional roads, where the change appear to adversely affect the Region’s ability to require right-of-way widenings/improvements.

Facilitating Aggregate Applications and removal of 2-year timeout period for applications to amend new official plans, secondary plans and zoning by-laws in respect of mineral aggregate applications
No Concern

Limit of Conservation Authority appeals and ability CAs to use existing streamlined process to sever and dispose of land for housing
Comments Provided

CA participation as experts helps to ensure protection of public health and safety (i.e. natural hazards) as well as sustainable management of natural resources (i.e. water quality/quantity, natural heritage system connectivity, watershed health, biodiversity, ecological function, habitat connectivity, water quality/quantity and related ecosystem services). CA lands are typically located in floodplains and/or are made up of significant natural assets such as forests, wetlands or open spaces that often include public amenities like trails while supporting natural functions, protecting water quality, capturing carbon emissions, etc.

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This is staff-level feedback submitted on Bill 23 to the province on behalf of the Region of Durham. Council endorsement of staff-level feedback and recommendations will be sought at the December Regional Council meeting.