PLG 610 Lecture 1: Planning Law II Wk 1
28 Jun 2018
School
Department
Course
Professor
WEEK ONE: INTRO TO PLANNING LAW II
AGENDA:!
" •" Review of Course Outline
•Bill 139 -- What does it do/mean?
"◦"(Recent Amendments to the Planning Act) and the Local Planning Tribunal Act
(Replacing the OMB)
"◦"Passed on December 12th, 2017 (Proclamation date: anticipated in the next 6
months. After this, Bill 139 will be in force.)
◦Amends the Planning Act and repeals the Ontario Municipal Act (powers and
authorities of OMB)
"◦"Enacts a new local planning tribunal act
" •" Significantly MORE power to municipalities;
" •" reduces the rights of dvlprs and land owners;
" •" limits the powers of the OMB (or the Local Planning Tribunal Act)
$!
PLANNING ACT --!
•SECTION 17: Passing a new, publicly-initiated Official Plan/OPA's
•SECTION 22: Passing a new, private-initiated Official Plan/OPA's
•SECTION 34: Governs Zoning By-Laws (public and private)
◦THESE SECTIONS HAVE THE MOST CHANGES AFTER THE PASSING OF BILL
139
" •" A lot more steps to the process, there's tests for each
$!
THREE TRIGGERS FOR APPEAL:!
1. Failure to approve/non-decision
"a."You have to wait 180 days to place an appeal for O.P.A (old)!
i. 210 DAYS (new)!
"b."Zoning By-law 120 days (old)!
i. 150 days (new)!
"c."Draft Plan Subdivision 180 days (old)!
i. 210 DAYS (new)!
"1."More days = more power to municipalities to keep the application
"2."Unless you filed both an O.P and Z.B.A -- you have to wait 210
days if it is at the same time!
"a."If it was only an Z.B.A -- you would only wait 150 days.
Since it is both the O.P and Z.B.A -- you are to wait the
longest amount of days (210)
"d."Decision of council (or non-decision) >> has to be a mandatory case management
meeting — those who want to participate must make an oral submission !
i. 1 ST APPEAL: Confirm whether or not the new test met?$ (within the
highlighted timeline)>> !
"a."If not met, you must REFUSE the appeal :( !
"b."If it is met, they send the appeal BACK to council! >>!
"i."Once back to council, council has 90 days to look at it and
decide if they are going to make a decision or non-decision. !
1. SECOND APPEAL OF TRIBUNAL: Tribunal has the
power to approve or modify the application (O.P/
O.P.A/ZBL/ZBA [zoning by-law amendment]/DPS
[draft plan subdivision])!
$!
Page & of &1 3
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Review of course outline: bill 139 -- what does it do/mean? (recent amendments to the planning act) and the local planning tribunal act (replacing the omb) Passed on december 12th, 2017 (proclamation date: anticipated in the next 6 months. After this, bill 139 will be in force. ) Amends the planning act and repeals the ontario municipal act (powers and authorities of omb) Signi cantly more power to municipalities; reduces the rights of dvlprs and land owners; limits the powers of the omb (or the local planning tribunal act) Section 17: passing a new, publicly-initiated o cial plan/opa"s. Section 22: passing a new, private-initiated o cial plan/opa"s. Section 34: governs zoning by-laws (public and private) These sections have the most changes after the passing of bill. A lot more steps to the process, there"s tests for each. 1: you have to wait 180 days to place an appeal for o. p. a (old) i. 210 days (new: zoning by-law 120 days (old) i.
