County to comment on provincial planning changes

BRUCE COUNTY - Bruce County council will be submitting comments to the province on this spring’s changes to planning legislation.

Jack Van Dorp, the county’s director of planning and development, presented a detailed 12-page report on provincial planning changes relevant to the county and local municipalities, and outlined the county’s proposed response to the province on those changes.

These changes were announced April 10, with the objective of increasing the province’s housing supply. The legislation involves the Planning Act, Provincial Policy Statement (PPS), Development Charges, and Additional Residential Units (ADU) postings through the Environmental Registry of Ontario.

He said that the county “appreciates the province bundling these postings,” although the 30-day consultation period creates a bit of a challenge in terms of “reviewing and preparing comments.”

Van Dorp noted many of the changes amount to reversals of previous decisions by the province that could have been “avoided through effective consultation.”

“The Planning Act and Development Charges Act postings are largely positive,” in respect to rollbacks to mandatory fee refunds, Van Dorp said.

He added that some of the biggest changes to the planning process relate to the Ontario Land Tribunal.

The county’s comments are aimed at ensuring the province doesn’t go too far in streamline the process, the concern being that further constraints to the appeal process could lead people to pursue “other avenues such as judicial review, with unknown costs, timeframes and results.”

Van Dorp said the county is also suggesting the province let the last of the (unapproved) plans of subdivision the province allowed in the 1990s lapse.

Deputy Warden Luke Charbonneau (Saugeen Shores) commented that the county should make the point that the province moved too fast changing the planning process, creating “a lot of disruption” by acting without “consulting the people who have to implement those changes.” All of that could have been avoided, he noted. He later suggested that the need for consultation should be “right at the top of the list.”

Charbonneau, in commenting on the appeals process, said the county “should support the province” on keeping the decision-making process local, rather than being subject to appeal.

County Coun. Ken Craig (Kincardine) countered by saying that “even at the municipal level, there needs to be recourse … for decisions that might be made in error;” there needs to be provisions for appeal.

Van Dorp said the province has acknowledged conflicting rights when it comes to appeals, but has decided on the side of narrowing appeal rights to foster building more houses.

Another area on which the county is commenting involves the posting on the proposed PPS, including natural heritage policies.

Van Dorp said the county “appreciates the clustering of ADUs” to minimize the impact on agriculture, although there is concern about allowing two ADUs on a farm property rather than “up to two.”

There’s also concern about employment land policies and municipal growth areas.

The county will be commenting on water, namely, on removal of the word “municipal” from drinking water supplies – the county has a large number of private wells – as well as archeological resources.

Van Dorp said that generally, there are a lot of positive changes. The county has areas of interest or concern, and is drawing attention to those. The county is urging the province to continue working with the Association of Municipalities of Ontario, Warden’s Caucus, and Rural and Small Urban Municipalities as it advances changes to the planning system.

County Coun. Don Murray (Huron-Kinloss) commented on community growth, and said he was glad to see the changes that are coming. He also spoke on ADUs, and on severances. Current policies are such that people in the Mennonite community keep adding onto existing farmhouses. “How big do we let them be, before we split them up?” he asked, relating that he knows of one such home with 72 people living in it.

Van Dorp said the county’s current OP has guidelines addressing “specialized farm parcels” of land on a case-by-case basis, and there’s nothing in the PPS to change that.

Charbonneau said he supported all the comments the county has made, but added that the county should encourage the province “to implement a plan and get it done.” He noted “our local planning process has been held up by this.” While waiting for the province, “our Official Plan can’t get completed.”

Warden Chris Peabody (Brockton) referred back to discussion on the appeal process.

Charbonneau suggested not pushing back against the province’s offer of “additional autonomy.”

Charbonneau further commented on development charges, saying that the county has not been able to use them to help build additional county housing projects. That’s something he’d like changed. “Housing is critical,” he said.

“It sounds good to me,” said Peabody.

In closing, the warden commended staff for their efforts in preparing the report, and formulating comments, speaking on the “hundreds of pages of legislation.” He also said “Minister (Paul) Calandra seems committed to righting the ship and getting this file more stable. We look forward to that.”

Pauline Kerr, Local Journalism Initiative Reporter, The Walkerton Herald Times