1. WARD 5 ETOBICOKE- LAKESHORE TOWN HALL MEETING
WELCOME
WARD 5 ETOBICOKE- LAKESHORE TOWN HALL MEETING

2. AGENDA
 Welcome and Introductions
Presentation by Special Guest speaker on the new Local Planning Appeal Tribunal (LPAT)
Q & A period on Local Planning Appeal Tribunal (LPAT)
Presentation by Councillors Staff on Accessing Committee of Adjustment & Toronto Local Appeal Board Planning Reports and Applications
General discussion on applications and their status in the planning process.

4. DISCLAIMER
Presentation contents provides background information about land use and development law and policy.
The contents do not represent legal or professional advise and is not to be relied as such.
If legal advice is required for a specific issue or circumstance please consult legal counsel.

5. LOCAL PLANNING APPEAL TRIBUAL (LPAT) ONTARIO MUNICIPAL BOARD
as of APRIL 3rd , 2018
LOCAL PLANNING APPEAL TRIBUAL (LPAT)
replaced
ONTARIO MUNICIPAL BOARD
(OMB)

6. The Bill received proclamation on April 3rd, 2018.
ABOUT BILL 139
BILL 139: BUILDING BETTER COMMNUNITIES AND CONSERVING WATERSHEDS ACT, 2017
Received Royal Assent on December 12th, It will reform the land-use planning system in Ontario, creating the Local Planning Appeal Tribunal (LPAT) replacing Ontario Municipal Board (OMB).
The Bill received proclamation on April 3rd, 2018.
BILL 139

7. BUILDING BETTER COMMUNITIES AND CONSERVING WATERSHEDS ACT, 2017
Bill 139 – Components:
Local Planning Appeal Tribunal Act, (“LPAT Act”)
Local Planning Appeal Support Centre Act, 2017
Amendments to the Planning Act
Amendments to the Conservation Authorities Act
Amendments to other legislation required for the enactment of the LPAT Act.
Province’s Policy Objectives:
“Giving Communities a Stronger Voice”
“Faster, Fairer and More Affordable Planning Appeals”
“Sheltering Major Planning Decisions from Appeal”
“Free Legal and Planning Support”
Timing
Royal Assent – December 12, 2017
Royal Proclamation – anticipated for Spring 2018

8. LOCAL PLANNING APPEAL SUPPORT CENTRE ACT, 2017
Establishes the Local Planning Appeal Support Centre (the "Centre")
The Centre to provide legal and planning support services to the public who want to participate in Tribunal appeals. Support provided may include:
general information on land use planning;
guidance on Tribunal procedures; and
other services prescribed by regulation
Criteria TBD for eligibility testing to receive support services from the Centre.

9. PLANNING ACT CHANGES - SUMMARY:
The OMB will be replaced with the Local Planning Appeal Tribunal (“LPAT”)
Deference to local and provincial decisions by changing the Standard of Review for some appeals
New Appeal Tests for Official Plans, Official Plan Amendments and Zoning By-law Amendments.
Greater weight to be placed on written record in the applications process and what is presented and considered by Council
Case management will be mandatory for the majority of cases
Oral hearings of appeals are no longer as of right.
If Oral submissions given:
(i) no person involved in the hearing may adduce evidence.; and
(ii) oral submissions will be time limited by a regulation (75 minutes)
The protection of “Major Transit Station Areas” from appeal

10. APPEALS – NEW STANDARD OF REVIEW (APPEAL OF APPROVAL)
Appeal of Official Plan and Official Plan Amendment and Zoning By-law or Zoning By-law Amendment adopted by municipal council or approval authority MUST MEET the new Test:
Appellant must explain in the appeal may how the adopted or approved application (or some part of it) is:
(i) Inconsistent with a policy statement issued under s.s. 3(1) of the Planning Act;
(ii) Fail to conform with or conflicts with a provincial plan; or
(iii) Fails to conform with upper-tier municipalities OP or an applicable OP
If the Notice of Appeal does not meet the test LPAT under statutory obligation to dismiss

11. APPEAL – NEW STANDARD OF REVIEW (DUAL TEST) (APPEAL OF A REFUSAL OR NON-DECISION)
Private appeals of OPA and ZBLA applications that council/approval authority refuses or fails to make a decision, may only be made if meet the Dual Test
Dual Test (2 steps)
1) Explain how existing parts of the OP or ZBL to be affected by the amendment are:
Inconsistent with a policy statement issued under s.s. 3(1) of the Planning Act;
Fail to conform with or conflicts with a provincial plan; or
(iii) Fails to conform with upper-tier municipalities OP or an applicable OP.
AND
2) Demonstrate how the requested Amendment is:
Consistent with policy statements issued under subsection 3(1) of the Planning Act’
Conforms with and does not conflict with provincial plans;
Conforms with an upper tier municipalities OP or applicable plans.
If the Notice of Appeal does not meet the test LPAT under statutory obligation to dismiss

12. LPAT APPEAL - TWO-STAGE PROCESS
Stage 2 Appeal:
New Standard of Review or Dual Test Applied
If met LPAT makes Decision
TEST MET:
Municipality has 90 days to Reconsider
Stage 1 Appeal:
New Standard of Review or Dual Test Applied
Council Decision
TEST NOT MET:
Appeal Dismissed

13. SUMMARY OF LPAT APPEAL STEPS
1. Notice of Appeal
2. Notice of Appeal Screened for Validity
3. Enhanced Municipal Record
4. Appellant’s Appeal Record & Case Synopsis
5. Respondent’s Appeal Record & Case Synopsis
6. Mandatory Case Management Conference
Other Parties/Participants apply for status (30 days prior to Case Management Conference)
7. Hearing

14. HEARING – ADDITIONAL PARTIES AND PARTICIPANTS
A person other than an appellant that wishes to participate in an appeal to the LPAT must, at least 30 days before the case management conference, make a written submission to the LPAT (and serve in on the relevant municipality or approval authority) respecting whether the decision (or failure to make a decision) meets the New Standard of Review
LPAT has discretion to decide whether any person making a submission will be granted party status or the opportunity to otherwise participate in the appeal

15. MAJOR TRANSIT STATION AREA POLICIES
Section 16 of the Planning Act, empower municipalities to designate areas as a "protected major transit station area.“
Largely no appeals with respect to Major Transit Station Area Policies including policies:
establishing the boundaries of the area;
the planned number of residents and jobs,;
the permitted land uses,
the maximum densities authorized or the minimum or maximum building heights
No appeals of zoning by-laws establishing permitted uses, minimum or maximum densities or maximum building heights within major transit areas.
However can appeal height limits where the maximum height permitted on a site would result in a building not satisfying the minimum density

16. OTHER APPEAL RESTRICTIONS
A 2-year moratorium on Secondary Plan amendments
No appeal of any decision of the Minister of Municipal Affairs approving an Official Plan or Official Plan Amendment

17. LPAT - TIME LINES FOR APPEALS (LPAT Act, 2017 (O.Reg. 102/18)
12 months
Failure of an approval authority to make a decision on official plans or plans of subdivision
10 months
Decisions made by municipality or approval authority on official plan or zoning bylaw;
Failure of a municipality to make a decision on official plan or zoning by-law
6 months
Appeal of new decision
Failure of municipality or approval authority to make a new decision
Any other Planning Act appeal
*Timelines excludes certain time during periods of adjournment

18. Thank You!
Q & A’s

19. ACCESSING DEVELOPMENT APPLICATIONS

27. Thank You!
Q & A’s