CITB01H3 Study Guide - Planning Permission

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21 Apr 2012
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Definitions + Essay question #2
Ontario Municipal Board
The Ontario Municipal Board is an independent administrative board that operates as an
adjudicative panel dealing with property and planning matters. The OMB hears appeals to
Council decisions on development applications. Applicants may also appeal the City's failure to
meet legislated time frames. The OMB hears applications and appeals on:
Land use planning under the Planning Act and other legislation;
Financial issues related to development charges, land expropriation, municipal finance
and other legislated financial areas;
Municipal issues as legislated under the OMB Act and other legislation;
Other issues assigned to the Board by Provincial Statute.
The relevance of this term to urban planning is that it is seen to many planners as “pro-
development” which means on the side of private planners rather than city planners. The
courts to be expensive, time consuming, and possibly more in favour of developer arguments of
fairness, rather than planning expertise. As a result, it becomes difficult for city planners to
prevent private planners who are self interested from ruining the city’s vision.
An example:
Orangeville’s municipal governments had made the case for cultural sustainability by showing a
consistent commitment to heritage protection. In the late 1970s, Orangeville had created its
downtown Business Improvement Area (BIA) where small businesses could thrive. However,
heritage interests became threatened when, in the late 1990s, Wal-mart began to indicate
interest in locating at a location outside of the downtown area. The development proposal was
contested at the Ontario Municipal Board, as studies indicated that it would likely impact
Orangeville’s historic BIA/downtown core and member businesses’ viability.
Zoning Bylaws
Zoning is the main planning tool to regulate land use through land-use districts and
designations, height control, placement of building on parcel (setbacks or front, side and rear
yards), lot coverage (building footprint) and Density (floor-area ratio). Zoning Bylaws are laws
that specify the use of or restrict land use including set-backs and building types. Zoning bylaws
have three basic components: maps, words and numbers. They set the stage for contemporary
planning activities. Municipalities enact such documents as a way of implementing the intent of
policies set out in the plan.
The relevance of this term to urban planning is that plans may identify some areas in particular
zones as appropriate candidates for special negotiated conditions. Areas are designated for
comprehensive development districts or planned unit developments may be governed by
development agreements negotiated between a municipal government and a developer. As a
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