May 10,2024 Provincial…

May 10,2024

Provincial Planning Policy Branch
777 Bay Street 13th Floor
Toronto, Ontario M7A 2J3

Via email: PlanningConsultation@ontario.ca

Re: ERO #019-8369 Proposed Bill 185, Cutting Red Tape to Build More Homes Act, 2024

I am making the following recommendations to the proposal to amend the Planning Act (Bill 185, Schedule 12). I am strongly opposed to this proposal to remove the public’s right of appeal for the adoption or amendment of Official Plans and Zoning By-Laws. Bill 185, Schedule 12 must not be passed.

I am a senior, a citizen of Canada and a resident of the Province of Ontario. I have participated in two Ontario Municipal Board hearings as a member of the public. Land use planning decisions directly impact communities. The proposed revocation of this long-standing right denies citizens full participation in decision-making. It is unfair to maintain the right for private developers to appeal a decision of a municipality while taking that right away from the public.

The wording in the proposal implies that limiting third-party appeals “helps communities get quicker planning approvals for housing projects, reduce building costs, and in some cases reduce project delays by up to 18 months.” There is no evidence that public appeals are delaying the building of more homes and causing a shortage. It appears that the government is conveniently justifying this undemocratic proposal by tying it to housing.

A decision by citizens to appeal to the OLT is not taken lightly. There is no intervenor funding or free legal advice (as promised at the time of the demise of the OMB). Consulting and legal fees are paid through fundraising and/or with after tax dollars, unlike corporations that have staff and the ability to write off expenses. The proposed elimination of public appeal rights is not limited to housing matters. Eliminating the public right to appeal also applies to every other type of land use or development requiring Planning Act approval (landfills, incinerators, pits and quarries or other industrial facilities that may cause off-site adverse impacts to the environment and to the health and safety of residents).

What is proposed here is just wrong, undemocratic and unfair. I would never have expected that Ontario would deny its citizens the right to appeal to protect their communities, their health and the local environment from poorly conceived development applications.