Question
Answer both questions, below. Each answer cannot exceed one page at a minimum font size of 12 pt, single spaced. With each answer, refer to
Answer both questions, below. Each answer cannot exceed one page at a minimum font size of 12 pt, single spaced. With each answer, refer to applicable legislation, provincial policy, and case law, as appropriate. Answers should be based only on the facts set out in the question.
- You are now a fully qualified planner and have just started your own firm. A client who has never developed a project in Ontario has just bought some land in Richmond Hill, in a Major Transit Station Area. They come to you for advice on how to develop their land, which is currently designated for low density residential in the official plan and zoned for the same uses in the zoning by-law. They want to build high density residential. Since they are new to development in Ontario they want you to explain to them how land use planning approvals work in the province. Write a memo to them which explains which level(s) of government pass laws regulating planning, and what the key pieces of legislation are. Make sure you include all the different levels of planning documents that we have covered this term, and what tests have to be met when looking at each of those documents, and any other tests they should be aware of that planning decision makers have to meet when making planning decisions. Make reference to any particular planning policies (at the provincial level - you do not need to research official plan policies in York or Richmond Hill) that might support their proposed high density development. This question is not about process (i.e. what applications have to be filed, appeal periods etc.) but is about the planning hierarchy in Ontario. Demonstrate your understanding of how the planning policy regime works. (15 marks)
- Having read your answer to question 1, the client now understands how the planning policy system is structured in Ontario. Now they want to file an application for official plan and zoning by-law amendments. Describe the steps that have to be taken with the municipality to file an application, and what steps the municipality is required to take to process the application. Include reference to any deadlines/timelines in the Planning Act for each step in the process, as well as all the points in the process where either a motion can be made to the Ontario Land Tribunal, or an appeal filed by your client if it disagrees with the decision that the municipality makes. Include reference to the timelines associated with potential motions/appeal to the Tribunal.(10 marks)
Co-relate to notes to understand part 1 (planning hierarchy) & 2 (Timelines for appeals etc)
They is a lot of material, you can have some time to complete this, please do it carefully They are 3 Important Planning Documents: Planning Act: https://www.ontario.ca/laws/statute/90p13#BK34
Places to grow: https://files.ontario.ca/mmah-place-to-grow-office consolidation-en-2020-08-28.pdf)
PPS (Provincial Policy Statement): https://files.ontario.ca/mmah-provincial-policy-statement-2020-accessible-final-en-2020-02-14.pdf)
Places to Grow Act 2005 : https://www.ontario.ca/laws/statute/05p13
My notes are the most important, it talks about for part 1 the Major Transit Areas, most of the sections are referred to in the Planning Act not the others, it will say in the notes if the other planning documents are being referred to.
Notes link: https://docs.google.com/document/d/1FscyEfS1QcJr1DaEPqGp5w9ez4QsYNCrgmLLD0CMCvI/edit?usp=sharing
Let me know if you have questions, please take your time to complete this, this is my final so I need expert help from you lot. Thanks
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