Burlington Mayor Marianne Meed Ward to Bring Motion to Eliminate LPAT at Halton Regional Council

In light of Bill 108 receiving Royal Assent last month, I am bringing the following motion to Halton Regional Council on Wednesday (July 10). For the full motion click the link LPAT Motion_Halton Regional Council_July 10, or read below. (Update: On July 10, Halton Regional Council unanimously approved the resolution below and to send it to the Province.)

HALTON REGION

NOTICE OF MOTION

DATE: July 10, 2019

ITEM: Local Planning Appeal Tribunal (LPAT)

DATE OF MEETING NOTICE OF MOTION TO BE CONSIDERED: Council Meeting – July 10, 2019

MOVED BY: Mayor Marianne Meed Ward SECONDED BY: Mayor Rick Bonnette

WHEREAS The Government of Ontario, on June 6, 2019, passed the More Homes, More Choice Act, 2019, (Bill 108); and

WHEREAS the changes to the Local Planning Appeal Tribunal (LPAT), contained in Bill 108 will give LPAT the authority to make final planning decisions based on a subjective “best planning outcome” approach rather than compliance with municipal and provincially approved official plans and consistency with provincial plans and policy; and

WHEREAS Bill 108 restricts third party appeals of plans of subdivision only to the applicant, municipality, Minister, public body or prescribed list of persons; and

WHEREAS Bill 108 takes local planning decision-making out of the hands of democratically elected municipal councils and puts it into the hands of a non-elected, unaccountable tribunal; and

WHEREAS the LPAT adds cost and delays delivery of affordable housing by expensive, time consuming hearings, contrary to the intent of the More Homes, More Choice Act, 2019; and

WHEREAS Regional and City Councils have spent millions defending provincially approved plans at the OMB/LPAT, including more than $5 million over the last three years; and

WHEREAS the reverting back to de novo hearings adds delays and costs to the housing delivery, as planning decisions start from scratch requiring lawyers, experts and witnesses, repeating the planning analysis already done by local councils; and

WHEREAS Ontario is the only province in Canada that empowers a separate adjudicative tribunal to review and overrule local decisions applying provincially approved plans; (Update addition from Burlington Ward 3 Councillor Rory Nisan at Regional Council meeting on July 10, 2019)

NOW THEREFORE BE IT RESOLVED:

THAT in the short term, the Minister of Municipal Affairs and Housing immediately restore the amendments to the Planning Act that mandated the evaluation of appeals on a consistency and conformity with Provincial policies and plans basis;

THAT in the long-term the Government of Ontario eliminate the LPAT entirely, as an antiquated body that slows delivery and adds costs to housing supply via expensive and drawn out tribunal hearings;

AND THAT this resolution be forwarded to the Premier, the Minister of Municipal Affairs and Housing, Halton’s Members of Provincial Parliament, Leaders of the New Democratic, Liberal and Green parties; the Association of Municipalities of Ontario, the Large Urban Mayors’ Caucus of Ontario, Mayors and Regional Chairs of Ontario and Halton’s local municipalities.