HomeMy WebLinkAboutPLN 23-19Cfy �t
DICKERING
Report to
Council
Report Number: PLN 23-19
Date: October 21, 2019
From: Kyle Bentley
Director, City Development & CBO
Subject: Provincial Policy Statement Review, Proposed Policies
Environmental Registry of Ontario Number 019-0279
File: L-1100-052
Recommendation:
1. That Council receive for information and review, a copy of The Regional Municipality of
Durham Report #2019-P-42 of the Commissioner of Planning and Economic Development
and Chief Administrative Officer, dated October 1, 2019, titled "Provincial Policy Statement
Review, Proposed Policies (ERO #019-0279), File: L35-03", provided as Appendix I to
Report PLN 23-19;
2. That Council endorse the following recommendations of The Regional Municipality of
Durham Report #2019-P-42 as they apply to the City of Pickering: A) i) through x), xii), xiv),
xv) and xvii) through xix);
3. That Council endorse the following staff recommendations as part of Council's response to
the Province's proposed changes to the Provincial Policy Statement (Environmental
Registry of Ontario Number 019-0279):
a. That the term "market-based" be defined.
b. That the proposed changes to the definition of "on-farm diversified uses" which will
permit ground -mounted solar facilities in prime agricultural areas and specialty crop
areas, be removed.
c. That proposed new Policy 1.6.8.5 be supported as it promotes the co -location of linear
infrastructure where appropriate.
d. That the proposed change to Policy 1.6.10.1 be removed to ensure the consideration of
the implications associated with development and land use planning on waste
generation.
e. That the proposed change to Policy 3.1.3 be supported as it enhances requirements for
climate change considerations, as well as recognizes that the impacts of a changing
climate are clear and present as opposed to potential.
f. That proposed new Policy 4.7 which promotes fast -tracking priority applications that
support housing and job-related growth and development, and the reduction of the time
needed to process residential and priority applications to the extent practical, be
clarified; and
PLN 23-19 October 21, 2019
Subject: Provincial Policy Statement Review, Proposed Policies Page 2
4. That a copy of Report PLN 23-19 and Council's resolution on the Report be forwarded to:
the Minister of Municipal Affairs and Housing; the Environmental Registry of Ontario; the
Honourable Peter Bethlenfalvy, MPP Pickering — Uxbridge; and the Region of Durham.
Executive Summary: The Provincial Policy Statement (PPS) is the primary Provincial land use
policy document guiding municipal decision-making. Municipalities are the primary implementers
of the PPS through policies in their respective official plans, zoning by-laws and other planning
related documents. The Planning Act requires that decisions on land use planning matters be
"consistent with" the PPS.
On May 2, 2019, the government released "More Homes, More Choice: Ontario's Housing Supply
Action Plan" (Action Plan). The Action Plan includes a series of distinct but coordinated initiatives
to address housing supply, including a review of the PPS.
On July 22, 2019 the Province released, for consultation purposes, proposed policy changes to
the current (2014) PPS. The deadline for comment is October 21, 2019.
The Regional Municipality of Durham staff have prepared a report to their Council, providing an
overview, preliminary comments, and a number of recommended changes to the PPS (see
Appendix I, The Regional Municipality of Durham Report #2019-P-42 on the PPS, October 1, 2019).
Durham Region staff's recommended changes include requesting:
• clarification and/or definitions for new terms and/or policies, including that the term "market-
based" be revised to "market informed" to better reflect the provincial policy -led planning
system, and the Region's long-term planning objectives that support the provision of affordable
and supportive housing, while encouraging a more compact urban form that is sensitive to
local conditions;
• the addition of natural heritage and hydrologic systems as criteria for consideration in the
adjustment of Settlement Area boundaries;
• the existing land use compatibility policies related to sensitive uses and
industrial/manufacturing uses be maintained;
• the deletion of proposed new policy that relates to the integration of stormwater and
water/sewer planning since stormwater planning is the responsibility of the local municipalities
and water/sewer planning is the responsibility of the Region and that the priorities of the
different municipalities may differ; and
• that climate data be added to the definition of "impacts of a changing climate", among other
additions.
Many of the issues and challenges that the Regional Municipality of Durham would face, arising
from the changes to the PPS, are equally applicable to Pickering. Relying on the review and
analysis contained in the Durham Region report, Pickering staff recommends that Council endorse
certain recommended policy amendments as the City's response to the Environmental Registry's
posting (ERO #019-0279) for the Provincial Policy Statement Review, Proposed Policies.
PLN 23-19 October 21, 2019
Subject: Provincial Policy Statement Review, Proposed Policies Page 3
Staff have also provided additional recommendations relating to: adding a definition of
"market-based"; removing the change to add solar farms to the proposed definition of "on-farm
diversified uses"; supporting policy that promotes the co -location of linear infrastructure where
appropriate; removing the proposed change to Policy 1.6.10.1 to ensure the consideration of the
implications associated with development and land use planning on waste generation; supporting
the proposed change to Policy 3.1.3 as it enhances requirements for climate change considerations;
and clarifying what constitutes "priority applications" as proposed in new Policy 4.7 which
promotes fast -tracking priority applications that support housing and job-related growth and
development, and the reduction of the time needed to process residential and priority applications
to the extent practical.
Financial Implications: There are no financial implications associated with the comments in
this report.
Discussion: On July 22, 2019 the Province released, for consultation purposes, proposed policy
changes to the current Provincial Policy Statement (2014). The deadline for comment is
October 21, 2019. A copy of the proposed policy statement is available at ero.ontario.ca/notice/019-
0279. An overview document of the proposed policy changes is shown in Attachment #1.
The Provincial Policy Statement (PPS) is the primary Provincial land use policy document that
sets out minimum requirements that apply across Ontario. The Planning Act requires that all land
use planning decisions "shall be consistent with" the PPS.
The Regional Municipality of Durham has prepared a detailed report outlining their response to the
proposed policy changes. A copy of the report is provided as an appendix to Report PLN 23-19 for
Council's information and review (see Appendix I, The Regional Municipality of Durham Report
#2019-P-42 on the Provincial Policy Statement Review, October 1, 2019).
Staff have reviewed the analysis and recommendations in the Regional Municipality of Durham
Report to Council and concur with the following recommendations:
A (i) That, for clarification purposes, the term "Provincial Interest" be defined in the PPS, or
that a reference to Section 2 of the Planning Act be included;
A (ii) That a policy be included in Policy 1.1.1 that encourages the preparation and
implementation of community energy plans as a component of planning for healthy,
liveable and safe communities;
A (iii) That the term "market-based" in Policy 1.1.1.(6) be revised to "market informed" to better
reflect the provincial policy -led planning system, and the Region's long-term planning
objectives that support the provision of affordable and supportive housing, while
encouraging a more compact urban form that is sensitive to local conditions;
A (iv) That the Province be requested to either release an updated Land Needs Assessment
guidance document, or confirm the existing draft document, to help the Region advance
Envision Durham, the Region's Municipal Comprehensive Review;
A (v) That the PPS continue to use the word "shall" in policies 1.1.3.6, 1.1.3.7 and 1.6.7.2 to
assist with the implementation of orderly and sequential development and complete
communities;
PLN 23-19 October 21, 2019
Subject: Provincial Policy Statement Review, Proposed Policies Page 4
A (vi) That the references to Section 2: Wise Use and Management of Resources and Section 3:
Protecting Public Health and Safety of the PPS be reinstated in Policy 1.1.3.8 to ensure
that the review of Settlement Area boundaries is systematic, well planned and
comprehensive;
A (vii) That natural heritage and hydrologic systems be added as criteria for consideration in the
adjustment of Settlement Area boundaries to ensure that these reviews are systematic,
well-planned and comprehensive and in sync with the Growth Plan;
A (viii) That the proposed wording changes to the land use compatibility policies in Policies
1.2.6.1 and 1.2.6.2 not be supported, as the changes could lead to greater conflict
between sensitive uses and industrial/manufacturing uses;
A (ix) That the Province be requested to provide additional guidance regarding the appropriate
transition area, or distance separation, between industrial and manufacturing uses and
non -employment uses, including providing additional clarity regarding Places of Worship
that are regarded as sensitive land uses;
A (x) That the term "regional economic development corporation" in Policy 1.3.2.5 be changed
to "Planning Authority" to be consistent with other policies in the PPS;
A (xii) That the Province clarify that the upper -tier planning authority is the level which has
responsibility for ensuring residential growth can be accommodated for a minimum of
12 years, and that the three-year supply of residential units is also maintained at the
Regional level. In addition, it should be clarified that the upper or single -tier municipality
would be responsible for defining the "regional market area";
A (xiv) That proposed Policy 1.6.6.7 of the PPS be deleted related to the integration of
stormwater and water/sewer planning, as the responsibilities of municipalities in
single -tier and two-tier systems differ;
A (xv) That Policy 1.6.7.5 not be deleted as its removal is inconsistent with the PPS overall, as
the Province and municipalities are to support the timely planning and implementation of
transportation infrastructure improvements, coincident with the scale and pace of
development, and the failure to provide this statement does not support the principle of
promoting transit supportive development;
A (xvii) That the Province provide guidance regarding how excess fill can be managed by the
planning and development approvals process and suggest that excess fill can be
managed through engineering approvals for developments following the draft approval
stage;
A (xviii) That the definition of the term "conserved" remain the same as per the 2014 PPS to
recognize that municipalities do not have the authority to "approve" or adopt
archaeological and heritage impact assessments; and
A (xix) That a reference to climate data be added to the definition of "impacts of a changing
climate".
Staff recommend that Council support the above -noted recommendations in the Regional
Municipality of Durham Report #2019-P-42, and recommend that the Province amend the PPS
accordingly.
PLN 23-19 October 21, 2019
Subject: Provincial Policy Statement Review, Proposed Policies Page 5
In addition to the recommendations above, staff recommend that Council support the following
recommendations in response to the Province's proposed changes to the Provincial Policy
Statement (Environmental Registry of Ontario Number 019-0279):
• That the term "market-based" be defined.
The Province introduces the term "market-based" in Policy 1.1.1 b) to indicate that healthy,
liveable and safe communities are to be sustained by an appropriate "market-based" range and
mix of residential types, and identifies a wide range of housing types as examples. It is not clear
what is meant by "market-based" and thus the term needs definition.
• That the proposed changes to the definition of "on-farm diversified uses" which will permit
ground -mounted solar facilities in prime agricultural areas and specialty crop areas be
removed.
This recommendation is consistent with Council's endorsement of the suggestion to introduce
policies into the Regional Official Plan to prohibit large solar farms from locating on Prime
Agricultural Areas in the Region, and that instead, these types of energy facilities be directed to
marginal agricultural lands.
• That proposed new Policy 1.6.8.5 be supported, as it promotes the co -location of linear
infrastructure where appropriate.
Proposed new Policy 1.6.8.5 is in keeping with Amendment 31 to the Pickering Official Plan which
implements Information and Communication Technology Network policies and the "Dig Once"
standard.
• That the proposed change to Policy 1.6.10.1 be removed to ensure the consideration of the
implications associated with development and land use planning on waste generation.
Policy 1.6.10.1 is proposed to be amended to remove the following: "Planning authorities should
consider the implications of development and land use patters on waste generation, management
and diversion." In order to decrease reliance on landfills and increase diversion opportunities, it is
important to consider the implications associated with development and land use planning on
waste generation.
• That the proposed change to Policy 3.1.3 be supported as it enhances requirements for
climate change considerations, as well as recognizes that the impacts of a changing climate
are clear and present as opposed to potential.
Policy 3.1.3 is proposed to be amended to require planning authorities to prepare for the impacts
of a changing climate rather than simply consider the potential impacts of climate change.
• That proposed new Policy 4.7 which promotes fast -tracking priority applications that support
housing and job-related growth and development, and the reduction of the time needed to
process residential and priority applications to the extent practical, be clarified.
Proposed new Policy 4.7, although intended to speed up the development process with respect to
housing and job-related development, lacks clarity about what constitutes "priority applications".
PLN 23-19 October 21, 2019
Subject: Provincial Policy Statement Review, Proposed Policies Page 6
Appendix
Appendix I The Regional Municipality of Durham Report #2019_P-42 on the Provincial Policy
Statement, October 1, 2019
Attachment
1. Provincial Policy Statement (PPS) Review
Prepared By:
/,
N,argaret Kish, MCIP, Y1'P
Principal Planner, Policy
as MCIP, RPP
Manager, Policy & Geomatics
MK:Id
ApprovedlEndorsed By:
Ativ-
Catherine Rose, MCIP, RPP
Chief Planner
Kyle Bentley, P. Eng.
Director, City Development & CBO
Recommended for the consideration
of Pickering Cit Council
Tony Prevedel, P.Eng.
Chief Administrative Officer
Appendix I to
Report PLN 23-19
The Regional Municipality of Durham
Report #2019-P-42 on the
Provincial Policy Statement, October 1, 2019
If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564
0
DURHAM
REGION
The Regional Municipality of Durham
Report
To:
From:
Report:
Date:
Planning and Economic Development Committee
Commissioner of Planning and Economic Development
#2019-P-42
October 1, 2019
Subject:
Provincial Policy Statement Review, Proposed Policies (ERO #019-0279), File: L35-03
Recommendation:
That the Planning and Economic Development Committee recommends to Regional
Council:
A) That Commissioner's Report #2019-P-42 be endorsed as Durham Region's response
to the Environmental Registry's posting (ERO #019-0279) for the Provincial Policy
Statement Review — Proposed Policies, including the following recommendations:
i) That, for clarification purposes, the term "Provincial Interest" be defined in the
PPS, or that a reference to section 2 of the Planning Act be included;
ii) That a policy be included in Policy 1.1.1 that encourages the preparation and
implementation of community energy plans as a component of planning for
healthy, liveable and safe communities;
iii) That the term "market-based" in Policy 1.1.1.(6) be revised to "market
informed" to better reflect the provincial policy -led planning system, and the
Region's long-term planning objectives that support the provision of affordable
and supportive housing, while encouraging a more compact urban form that is
sensitive to local conditions;
iv) That the Province be requested to either release an updated Land Needs
Assessment guidance document, or confirm the existing draft document, to
122
Report #2019-P-42 Page 2 of 14
help the Region advance Envision Durham, the Region's Municipal
Comprehensive Review;
v) That the PPS continue to use the word "shall" in policies 1.1.3.6, 1.1.3.7 and
1.6.7.2 to assist with the implementation of orderly and sequential
development and complete communities;
vi) That the references to Section 2: Wise Use and Management of Resources
and Section 3: Protecting Public Health and Safety of the PPS be reinstated in
Policy 1.1.3.8 to ensure that the review of Settlement Area boundaries is
systematic, well planned and comprehensive;
vii) That natural heritage and hydrologic systems be added as criteria for
consideration in the adjustment of Settlement Area boundaries to ensure that
these reviews are systematic, well-planned and comprehensive and in sync
with the Growth Plan;
viii) That the proposed wording changes to the land use compatibility policies in
Policies 1.2.6.1 and 1.2.6.2 not be supported, as the changes could lead to
greater conflict between sensitive uses and industrial/manufacturing uses;
ix) That the Province be requested to provide additional guidance regarding the
appropriate transition area, or distance separation, between industrial and
manufacturing uses and non -employment uses, including providing additional
clarity regarding Places of Worship that are regarded as sensitive land uses;
x) That the term "regional economic development corporation" in Policy 1.3.2.5
be changed to "Planning Authority" to be consistent with other policies in the
PPS;
xi) That the Province be requested to confirm whether it intends to release
updated population and employment forecasts for the Greater Golden
Horseshoe that would allow the Region to use a 25 -year planning horizon in its
Municipal Comprehensive Review;
xii) That the Province clarify that the upper -tier planning authority is the level
which has responsibility for ensuring residential growth can be accommodated
for a minimum of 12 years, and that the three-year supply of residential units is
also maintained at the Regional level. In addition, it should be clarified that the
upper or single -tier municipality would be responsible for defining the "regional
market area";
123
Report #2019-P-42 Page 3 of 14
xiii) That the proposed wording changes to Policy 1.6.6.3 be revised to address
and safeguard the financial and operational risks to a municipality associated
with privately -owned communal services;
xiv) That proposed Policy 1.6.6.7 of the PPS be deleted related to the integration
of stormwater and water/sewer planning, as the responsibilities of
municipalities in single -tier and two-tier systems differ;
xv) That Policy 1.6.7.5 not be deleted as its removal is inconsistent with the PPS
overall, as the Province and municipalities are to support the timely planning
and implementation of transportation infrastructure improvements, coincident
with the scale and pace of development, and the failure to provide this
statement does not support the principle of promoting transit supportive
development;
xvi) That, for clarification purposes, the term "wayside" not be deleted from the
heading in Policy 2.5.5, as the policy is specific to wayside pits and quarries;
xvii) That the Province provide guidance regarding how excess fill can be managed
by the planning and development approvals process and suggest that excess
fill can be managed through engineering approvals for developments following
the draft approval stage;
xviii) That the definition of the term "conserved" remain the same as per the 2014
PPS to recognize that municipalities do not have the authority to "approve" or
adopt archaeological and heritage impact assessments; and
xix) That a reference to climate data be added to the definition of "impacts of a
changing climate".
B) That a copy of this report be forwarded to the Ministry of Municipal Affairs and
Housing, and Durham's area municipalities and conservation authorities.
Report:
1. Purpose
1.1
The purpose of this report is to respond to ERO Posting #019-0279 which requests
comments on proposed changes to the current (2014) Provincial Policy Statement
(PPS).
124
Report #2019-P-42 Page 4 of 14
2. Background
2.1 The Planning Act requires that the Minister of Municipal Affairs and Housing
undertake a review of the PPS, at a minimum, every ten years. On July 22, 2019
the Province released, for consultation purposes, proposed policy changes to the
2014 PPS. A copy of the proposed changes to the PPS can be downloaded from
the province's website Provincial Policy Statement Review Proposed Policies. The
deadline for comment is October 21, 2019. A copy of this report will be sent to the
Minister following receipt by Committee, recognizing that formal comments from
the Region will be sent following the Regional Council on October 23, 2019.
Ministry of Municipal Affairs and Housing staff have been advised they will be
receiving the Region's official comments shortly after the deadline.
2.2 The current version of the PPS came into effect April 30, 2014. The PPS provides
policy direction on matters of provincial interest related to land use planning and
development. The PPS applies province -wide, and not just to the municipalities
within the Greater Toronto Area. The PPS sets the policy foundation for regulating
the development and use of land and is complemented by provincial plans such as
the Growth Plan for the Greater Golden Horseshoe (A Place to Grow), the
Greenbelt Plan, and the Oak Ridges Moraine Conservation Plan.
2.3 The PPS fosters conditions for development, while protecting resources of
provincial interest, public health and safety, and the quality of the natural and built
environment. The PPS supports improved land use planning and management,
which contributes to a more effective and efficient land use planning system.
2.4 The PPS consists of:
a. A preamble; description of legislative authority, how to read the PPS; and
Vision for Ontario's Land Use Planning System,
b. A set of detailed policies addressing three major areas of Provincial interest:
• Building Strong Healthy Communities;
• Wise Use and Management of Resources;
• Protecting Public Health and Safety;
c. An explanation of how the PPS is to be implemented and interpreted;
d. A Natural Heritage Protection Reference map; and
e. Definitions.
125
Report #2019-P-42 Page 5 of 14
2.5 The Durham Regional Official Plan (ROP) implements the PPS and provincial
plans by providing Durham Region specific policies. The ROP defines the intent of
Regional Council in the guidance of growth and development in the Region. In
exercising its approval authority, Regional Council ensures that the area municipal
official plans and amendments are consistent with the ROP, the PPS and
provincial plans.
3. Proposed Revisions to the PPS
3.1 According to the Province, the proposed revisions are intended to:
• Encourage the development of an increased mix and supply of housing;
• Protect the environment and public safety;
• Reduce barriers and costs for development and provide greater;
predictability;
• Support rural, northern and Indigenous communities; and
• Support the economy and job creation.
4. Comments
4.1 The comments below are presented by section, with specific recommendations in
bold.
Preamble
4.2 A proposed new paragraph in the Preamble states that "official plans shall provide
clear, reasonable and attainable policies to protect provincial interests and direct
development to suitable areas". It is unclear if the term is referring to "provincial
interests" as defined within section 2 of the Planning Act, 1990 or whether it
includes other interests. It is recommended, for clarification purposes, that the
term "Provincial Interest" be defined in the PPS, or that a reference to
section 2 of the Planning Act be included.
Building Strong Healthy Communities
4.3 Section 1.1 of the PPS provides direction on managing and directing land use to
achieve efficient and resilient development and land use patterns. In Durham, a
Community Energy Plan has been endorsed to improve energy efficiency, support
the development of renewable energy, reduce air pollution and support economic
development initiatives based on a low carbon pathway. The reduction in energy
use and reduced GHG emissions depends on the implementation of compact
urban form, the implementation of robust transit services, the construction of
126
Report #2019-P-42 Page 6 of 14
energy efficient buildings, and the development of diverse energy resources.
Although policy 1.1.1 of the PPS is consistent with these objectives, it is
recommended that a policy be included that encourages the preparation and
implementation of community energy plans as a component of planning for
healthy, liveable and safe communities.
4.4 A proposed change to the PPS includes changes to Policy 1.1.1 b) which currently
states: "[Healthy, liveable and safe communities are sustained by] b)
accommodating an appropriate range and mix of residential (including second
units affordable housing and housing for olderpersons)..."The policy is proposed
to be revised such that municipalities would be required to plan for
"accommodating an appropriate market-based range and mix of residential
types". The term "market-based" has been included several times throughout the
document. This proposed change is at odds with Ontario's provincial policy -led
planning system1. This approach would require planning for development that is
dictated by the current market as opposed to broader long-term planning policy
objectives, including the provision of affordable and supportive housing, and
development practices that support the efficient use of land. Since the "market"
can be affected by a wide variety of forces such as interest rates, the value of land,
the geographic characteristics of sites and changing demographics, defining the
market can be open to widely differing viewpoints. However, it is acknowledged
that in the conduct of Land Needs Assessments (LNAs) as part of a Municipal
Comprehensive Review, experts are mindful of regional market conditions and
variations when they prepare development forecasts. These exercises strike a
balance between accommodating forecasted housing needs while accommodating
other planning policy objectives. Therefore, it is recommended that the term
"market-based" in Policy 1.1.1 (6) and throughout the document be revised
to "market informed" to better reflect the provincial policy -led planning
system, and the Region's long-term planning objectives that support the
provision of affordable and supportive housing, while encouraging a more
compact urban form that is sensitive to local conditions.
4.5 Further, since the Region is currently engaged in undertaking its Land Needs
Assessment work, it is recommended that the Province be requested to either
release an updated Land Needs Assessment guidance document, or confirm
1 The PPS states, "Ontario's provincial policy -led planning system recognizes and addresses the complex
inter -relationships among environmental, economic and social factors in land use planning. The PPS
supports a comprehensive, integrated and long-term approach to planning, and recognizes linkages among
policy areas."(Part III, PPS)
127
Report #2019-P-42 Page 7 of 14
the existing draft document, to help the Region advance Envision Durham,
the Region's Municipal Comprehensive Review. In the absence of this
certainty, the timing of the MCR could be delayed.
4.6 Transit -supportive development is enhanced by the requirement being added to
several of the policies in Section 1 of the PPS, including Section 1.1.1 that
promotes the integration of land use planning, growth management, transit -
supportive development and the optimization of transit investments. These
proposed changes are supported as they are consistent with the Region's current
planning policies in both the ROP and the Region's Transportation Master Plan,
2017.
4.7 The nature of a number of policies throughout the PPS have been changed from
"shall" to "should", making them less prescriptive. For example, the proposed PPS
Policy 1.1.3.7 would read "Planning authorities should establish and implement
phasing policies" as opposed to "shall" establish. There is a concern that providing
discretion in this policy could enable development to proceed in a non -sequential
or potentially haphazard manner. This type of wording change can be the subject
of hearings at the LPAT, where debate on provincial policy intent is adjudicated.
Further, the replacement of the word "shall" with "should" in policies 1.1.3.6, and
1.6.7.2 would introduce discretion for development other than "compact urban
form" in designated growth areas, which is inconsistent with the PPS that provides
policy direction for the efficient use of land and resources. This notion that non-
sequential growth is permissible may create unnecessary confusion when
interpreting PPS policies, and could detract from policies directed toward building
complete communities that support transit and a healthy environment. Therefore, it
is recommended that the PPS continue to use the word "shall" in policies
1.1.3.6, 1.1.3.7 and 1.6.7.2 to assist with the implementation of orderly and
sequential development and complete communities.
4.8 The proposed PPS maintains the policy requiring the expansion of a settlement
area boundary only at the time of a comprehensive review. However, the
proposed PPS removes the requirement to examine the natural heritage system or
natural hazards as the reference to Section 2, Wise Use and Management of
Resources, and Section 3, Protecting Public Health and Safety, has been deleted.
It is recommended that the references to Section 2: Wise Use and
Management of Resources and Section 3: Protecting Public Health and
Safety of the PPS be reinstated in Policy 1.1.3.8 to ensure that the review of
Settlement Area boundaries is systematic, well-planned and comprehensive.
128
Report #2019-P-42 Page 8 of 14
4.9 The Settlement Area boundary policies have also been revised to allow
adjustments of Settlement Area boundaries outside a municipal comprehensive
review if there is no net increase in land within Settlement Areas. This is consistent
with the Growth Plan for the Greater Golden Horseshoe, although some of the
criteria that must be satisfied are inconsistent between the two documents and
could cause unnecessary confusion. For example, both the proposed PPS and the
Growth Plan require that when examining Settlement Area boundary adjustments,
the impact on the agricultural system be addressed, but the proposed PPS does
not reference key hydrologic features or the natural heritage system. It is
recommended that natural heritage and hydrologic systems be added as
criteria for consideration in the adjustment of Settlement Area boundaries to
ensure that the review is systematic, well-planned and comprehensive. This
systematic evaluation of settlement area boundary expansions avoids a piecemeal
and inconsistent approach.
4.10 Section 1.2.2 of the PPS is proposed to be revised to state that Planning
Authorities shall (emphasis added) engage with Indigenous communities and
coordinate on land use planning matters. The current PPS "encourages"
Indigenous engagement. Over the past few years, the Region has been working to
enhance its engagement practices with Indigenous communities through staff
education and training, as well as through engagement on the Community
Strategic Plan and the Municipal Comprehensive Review. As such, the proposed
change to the PPS is consistent with Regional practice. However, this new
requirement may have an impact on Regional staff's ability to meet the new
(shorter) planning application approval timelines, depending on a First Nation
Council's capacity to review and comment on planning applications.
4.11 Major industrial/manufacturing facilities are to be planned to avoid impacts on
sensitive land uses. The land use compatibility policies in the PPS speak to the
potential adverse effects from odour, noise and other contaminants, and risks to
public health and safety. The existing PPS policies appear to be weakened
through the proposed addition of a caveat statement in Policy 1.2.6.1 that states "if
avoidance is not possible, minimize and mitigate any potential adverse effects". A
new policy is proposed (Policy 1.2.6.2) that indicates the conditions where
avoidance is not possible, and alternative locations are not reasonable, then
impacts can be minimized and mitigated in accordance with relevant guidelines
and standards pertaining to odour, noise contaminants and risk to public health
and safety. It is recommended that the proposed wording changes to the
land use compatibility policies in the PPS not be supported, as the changes
could lead to greater conflicts between sensitive uses and
129
Report #2019-P-42 Page 9 of 14
industrial/manufacturing uses.
4.12 The proposed PPS would add a policy (Policy 1.3.2.3) to ensure an appropriate
"transition" between industrial/manufacturing uses and non -employment uses. The
Region is supportive of this addition as it is consistent with land use planning
practices that support land use compatibility. However, it is recommended that
the Province be requested to provide additional guidance regarding the
appropriate transition area, or distance separation, between industrial and
manufacturing uses and non -employment uses, including providing clarity
regarding facilities such as Places of Worship that are regarded as sensitive
land uses.
4.13 Proposed Policy 1.3.2.5 would allow for the conversion of employment areas to
non -employment uses outside of a municipal comprehensive review, provided the
area has not been identified as provincially significant through a provincial plan
exercise or as regionally -significant by a regional economic development
corporation. This is similar to policies in the Growth Plan. Staff continue to support
the systematic evaluation of employment land conversion requests through the
Municipal Comprehensive Review process. As an editorial comment, it is
recommended that the term "regional economic development corporation"
in Policy 1.3.2.5 be changed to "Planning Authority", to be consistent with
other policies in the PPS.
4.14 The land use planning horizons for the protection of employment areas has been
changed from 20 years to 25 years, and the supply of housing to be maintained
has changed from 10 years to 12 years. The Region is currently undertaking a
Municipal Comprehensive Review of the ROP to plan for 2041 population and
employment forecasts, as prescribed in Schedule 3 the Growth Plan (roughly a 20 -
year planning horizon). It is recommended that the Province be requested to
confirm whether it intends to release updated population and employment
forecasts for the Greater Golden Horseshoe that would allow the Region to
use a 25 -year planning horizon in its Municipal Comprehensive Review.
4.15 Under Policy 1.4.1 of the PPS, planning authorities are required to provide a mix of
housing options and densities required to meet the projected requirements of
current and future residents of the regional market area. In order to do so,
planning authorities are directed to maintain at all times the ability to accommodate
residential growth for a minimum of 12 years through residential intensification and
redevelopment, and if necessary lands which are designated and available for
residential development. The threshold for the accommodation of residential
130
Report #2019-P-42 Page 10 of 14
growth was previously 10 years. The increase to 12 years is supported. Planning
authorities are also required to maintain at all times, where new development is to
occur, land with servicing capacity sufficient to provide at least a three-year supply
of residential units available through lands suitably zoned to facilitate residential
intensification and redevelopment, and land in draft approved and registered
plans.
4.16 There has been confusion in the past as to whether the implementation of Policy
1.4.1 is the responsibility of the upper -tier municipality, or each individual area
municipality due to the reference to "planning authorities". This confusion has
persisted, despite the policy stating it is for the "regional market area". Although
the "regional market area" is a defined term in the PPS, referring to the upper or
single -tier municipality, it can be a larger area, depending on circumstances.
Where a two-tier planning system is in effect, as in Durham Region, it is
recommended that the Province clarify that the upper -tier planning authority
is the level which has responsibility for ensuring residential growth can be
accommodated for a minimum of 12 years, and that the three-year supply of
residential units is also to be maintained at the Regional level. In addition, it
should be clarified that the upper or single -tier municipality would be
responsible for defining the "regional market area".
4.17 Proposed revisions to Policy 1.6.6.3 would permit the implementation of private
communal water services in multi-unit/lot development in rural settlements. The
use of privately -owned communal services can be problematic, particularly if these
services fail, and there is an expectation for the Region to assume the service. The
policy should clarify that ownership and maintenance of a communal
system/service would be the responsibility of the condominium corporation or
private owner in perpetuity, such that it does not become a future burden to
taxpayers. It is recommended that the proposed wording changes to Policy
1.6.6.3 address the financial and operational risks to a municipality
associated with communal services.
4.18 Policy 1.6.6.7 states that stormwater management shall "be integrated with
planning for sewage and water services". It is unclear how this policy should be
implemented as sewage, water and stormwater are independent services that
serve different purposes, service areas, and flow directions. Further, within
Durham Region, stormwater management is primarily the responsibility of the area
municipalities, while water and sewer services are the Region's responsibility.
This proposed change to the PPS could imply that an upper -tier municipality would
be responsible for stormwater management, which is a departure from current
131
Report #2019-P-42 Page 11 of 14
practice. It is recommended that Policy 1.6.6.7 of the proposed PPS be
deleted related to the integration of stormwater and water/sewer planning, as
the responsibilities of municipalities in single -tier and two-tier systems
differ.
4.19 Policy 1.6.7.5, which states: "Transportation and land use considerations shall be
integrated at all stages of the planning process" is proposed to be deleted. This is
inconsistent with the Growth Plan which takes the approach that land use and
transportation need to be planned together. For example, the compact urban form
required by PPS policies requires that transit and active modes of transportation
be planned in tandem with this type of infrastructure. Additionally, since it is
required that transit supportive considerations be incorporated into development, it
is equally important that transportation and land use considerations be
incorporated into all stages of the planning process to ensure that development is
implemented in accordance with transit supportive policy. The deletion of this
policy seems to be in conflict with other policies that support the timely planning
and implementation of transportation infrastructure improvements with
development, and the promotion of transit supportive development. It is therefore
recommended that Policy 1.6.7.5 not be deleted, as its removal is
inconsistent with the PPS overall, as the Province and municipalities are to
support the timely planning and implementation of transportation
infrastructure improvements, coincident with the scale and pace of
development, and the failure to provide this statement does not support the
principle of promoting transit supportive development.
Wise Use and Management of Resources
4.20 A policy was added to allow municipalities to choose to manage wetlands not
identified as Provincially Significant in accordance with guidelines developed by
the Province. The impact of this policy can be further assessed when the
guidelines are released by the Province, however, it appears that the policy is
giving municipalities the ability to protect smaller and less -significant wetlands,
which is supported.
4.21 The term "changing climate" has been added throughout the document,
recognizing the importance of preparing for the impacts of climate change. This is
an enhancement to the 2014 PPS, which focused on "considering" climate change.
These additions are supported.
4.22 A new policy encouraging planning authorities to use an agricultural system
approach is proposed to be added. The Region, has implemented this practice
132
Report #2019-P-42 Page 12 of 14
through the "Prime Agricultural Areas" designation in the ROP. This change is
supported.
4.23 Section 2.5.5 of the proposed PPS deletes the term "wayside". A wayside pit is a
temporary pit or quarry opened and used by or for a public authority solely for the
purpose of a particular project/contract. It is unclear why this term would be
deleted when the policy speaks to "wayside pits". It is recommended that, for
clarification purposes, the term "wayside" not be deleted from Policy 2.5.5
as the policy is specific to wayside pits and quarries.
Protecting Public Health and Safety
4.24 There is a note at the beginning of this section stating that policies related to
natural hazards are subject to ongoing review by the Province's Special Advisor on
Flooding. Further changes may be considered as a result of this review.
4.25 The proposed PPS adds a new policy regarding excess soil that reads as follows:
"Planning authorities should support, where feasible, on-site and local re -use of
excess soil through planning and development approvals while protecting human
health and the environment". Management of excess soil is regulated by
municipalities through Fill By-laws, which are passed under the authority of the
Municipal Act, 2001. As such, it is recommended that the Province provide
guidance regarding how excess fill can be managed by the planning and
development approvals process. It is suggested that excess fill can be
managed through engineering approvals for developments following the
draft approval stage.
Implementation and Interpretation
4.26 Additionally, the Province highlights the importance it places on increasing the
housing supply by adding a policy regarding the need to facilitate a timely and
streamlined development approvals process, that identifies and fast -tracks priority
applications, and reduces the time needed to process residential and priority
applications. This direction is consistent with changes the Province has recently
made to the Planning Act through Bill 108, which has shortened the timelines for
the processing of Planning applications. However, the term "priority application"
has not been defined, nor have any criteria been provided on how a municipality
may determine priority applications. As currently written, this could lead to different
interpretations across the Province. Municipalities will need to develop criteria to
determine what constitutes a "priority application" (such as affordable housing and
employment) in their jurisdiction, and consider what type of support will be
133
Report #2019-P-42 Page 13 of 14
provided to facilitate a timely and streamlined development approvals process.
Definitions
4.27 The definition of "conserved" has been revised to state that archaeological and
heritage impact assessments are approved or adopted by the planning authority.
Municipalities do not have the authority to do so under the Ontario Heritage Act.
As such, it is recommended that the definition of the term "conserved"
remain as per the 2014 PPS to recognize that municipalities do not have the
authority to "approve" or "adopt" archaeological and heritage impact
assessments.
4.28 The definition for "impacts of a changing climate" is very broad and refers to the
potential for present and future consequences and opportunities from changes in
weather patterns at local and regional levels, including extreme weather events
and increased climate variability. There is no mention of quantitative data to
support illustration of the impacts of a changing climate. It is recommended that
a reference to climate data be added to the definition of "impacts of a
changing climate".
5. Conclusions and Recommendations
5.1 The province has proposed revisions to the PPS which are the subject of this
report. Additional revisions are recommended to improve the effectiveness of the
PPS, remove inconsistencies, and to clarify policy and terminology, as detailed in
this report.
5.2 It is recommended that this report be endorsed as the Region's submission to the
Environmental Registry's posting (ERO 019-0279) for the Provincial Policy
Statement Review — Proposed Policies.
5.3 This report was prepared in consultation with Corporate Services — CAO's Office,
Corporate Services — Legal Services, the Works Department and Social Services —
Housing Services.
134
Report #2019-P-42
Respectfully submitted,
Original signed by
Page 14 of 14
Brian Bridgeman, MCIP, RPP
Commissioner of Planning and
Economic Development
Recommended for Presentation to Committee
Original signed by
Elaine C. Baxter-Trahair
Chief Administrative Officer
135
Attachment #1 to Report #PLN 23-19
--- � PROVINCIAL POLICY STATEMENT (PPS) REVIEW
ONTARIO'S LAND USE PLANNING SYSTEM
WHAT IS THE PPS?
The Provincial Policy Statement (PPS) is the primary provincial land use policy document that sets out minimum
requirements that apply across Ontario
The Planning Act requires that all land use planning decisions "shall be consistent with" the PPS
Municipalities are the primary decision -makers for local communities and implement provincial policies, including
the PPS, through official plans and other planning decisions
Municipalities may build on, but not conflict with, PPS policies to reflect local context
PPS policies are intended to help protect what matters most by providing policy direction related to growth and
development, the use and management of resources, and the protection of the environment and public health
and safety
GOVERNMENT COMMITMENT To REVIEW THE PPS
• In early 2019, engagement on the PPS was undertaken as part of the Increasing Housing Supply Consultations
• Input received helped to inform the development of the More Homes, More Choice: Ontario's Housing Supply
Action Pian released in May 2019
• Through the Action Plan, the government signaled its intention to review the PPS
HOW CAN I LEARN MORE & PROVIDE FEEDBACK?
For details on specific policy changes, the draft PPS is available online at: ero.ontario.ca/notice/019-0279
If you are interested in providing written feedback during the 90 -day consultation period (July 22, 2019 — Oct 21,
2019), you may do so by either:
• Submitting comments through the Environmental Registry of Ontario at: ero.ontario.ca/notice/019-0279
• Emailing planningconsultationaontario.ca
PROPOSED PPS POLICY AREAS
The government is proposing PPS changes to reflect Ontario's changing needs across
5 key areas:
A) Increasing
Housing
Supply & Mix
B) Protecting
the
Environment
& Public
Safety
C) Reducing
Barriers &
Costs
E)
Supporting
Certainty &
Economic
Growth
QUESTIONS FOR CONSIDERATION
The government wants your feedback on the PPS draft policies and would like your views on
the following questions:
Do the proposed policies effectively support goals related to increasing housing supply,
creating and maintaining jobs, and red tape reduction while continuing to protect the
environment, farmland, and public health and safety?
Do the proposed policies strike the right balance? Why or why not?
• How do these policies take into consideration the views of Ontario communities?
Are there any other policy changes that are needed to support key priorities for housing, job
creation, and streamlining of development approvals?
Are there other tools that are needed to help implement the proposed policies?
PROVINCIAL POLICY STATEMENT (PPS) REVIEW
A stable housing market with sufficient supply will help make housing more attainable and
affordable for the people of Ontario. It will also attract new investment and create
investment -ready communities that are attractive to employers and provide workers with
places to live
The PPS draft policies would:
Increase land supply requirements that municipalities must meet:
o Increase planning horizon from 20 to 25 years (1.1.2)
o Increase housing land supply from 10 to 12 years (1.4.1(a))
o Allow higher minimum requirement for serviced residential land (5 years) for upper- and
single -tier municipalities (1.4.1)
• Update provincial guidance to support land budgeting (i.e. Projection Methodology) (1.1.2, 1.2.4(a))
• Increase flexibility for municipalities related to the phasing of development (1.1.3.7) and compact
form (1.1.3.6)
• Add flexibility to the process for settlement area boundary expansions (e.g. allow minor
adjustments subject to specific tests, highlight that study requirements should be proportionate to
the size/scale of development) (1.1.3.8,1.1.3.9)
• Support the development of housing to meet current and future housing needs, and add
reference to housing options and market-based needs (Vision, 1.4.1, 1.4.3, Definitions: "Housing options")
• Require transit -supportive development and prioritize intensification, including potential air rights
development, in proximity to transit, including corridors and stations (1.4.3(e))
• Support municipalities in achieving affordable housing targets by requiring alignment with
Housing and Homelessness Plans (1.4.3(a))
• Broaden PPS policies to enhance support for development of long-term care homes (1.4.3)b)(1),
Definitions: "Special needs" & "Public service facilities")
The Made -in -Ontario Environment Plan includes a
commitment to review land use policies that are critical to
managing the impacts of a changing climate. Planning for
extreme weather events helps protect people and property
and makes financial sense
The PPS draft policies would:
Enhance direction to prepare for impacts of a changing climate
(Vision, 1.1.1(i), 1.1.3.2(d), 1.6.1, 1.6.6.1(b)(2), 1.6.6.7(c), 1.8.1, 2.2.1(c),
3.1.3, Definitions: "Impacts of a changing climate", )
Enhance stormwater management policies to protect water and
support climate resiliency (1.6.6.7(a), 1.6.6.7(c), 1.6.6.7(d))
• Promote the on-site local reuse of excess soil (3.2.3)
• Maintain current policies related to natural and human made
hazards which directs development away from hazardous areas
including flood -prone areas in order to protect public health and
safety, while work by the Special Advisor on flooding is
underway (3.1)
• Maintain current policies that require municipalities in southern
Ontario to identify natural heritage systems, and provide
flexibility as to how to achieve this outcome (2.1.3)
• Provide a new, voluntary management approach for managing
local or regionally -significant wetlands (2.1.10)
• Maintain protections for the Greenbelt
Supporting Rural, Northern & Indigenous Communities
Rural, northern and Indigenous communities are vital to Ontario's continued prosperity and
overall well-being
The PPS draft policies would:
• Allow flexibility for communities by clarifying perceived barriers to sewage and water servicing policies
for lot creation and development in rural settlement areas (1.6.6)
• Enhance municipal engagement with Indigenous communities on land use planning to help inform
decision-making, build relationships and address issues upfront in the approvals process (1.2.2, 2.6.5,
Vision)
• Promote an agricultural systems approach to enhance agricultural protections to support critical food
production and the agricultural sector as a significant economic driver (1.7.1(i), 2.3.2, 2.3.6.2, Definitions:
"Agricultural system", "Agri -food network")
A streamlined land use planning and development process
which protects what is important — while reducing barriers
and costs — supports economic growth and investment and
the continued prosperity of Ontarians
The PPS draft policies would:
Require municipalities to take action to fast-track
development applications for certain proposals (e.g.
housing) (4.7)
Allow mineral aggregate operations to use rehabilitation
plans to demonstrate that extraction will have no negative
impacts (2.5.2.2)
Align policies and definition of cultural heritage with recent
changes to the Ontario Heritage Act (Definitions: "Cultural
heritage landscape", various other definitions)
Refocus PPS energy policies to support a broad range of
energy types and opportunities for increased energy supply
(1.6.11.1)
Ground mounted solar would be permitted in prime
agricultural and specialty crop areas as an on-farm
diversified use (Definitions: "On-farm diversified uses")
Make minor changes to streamline development approvals
and support burden reduction
Supporting Certainty & Economic Growth
Economic opportunities and continued investment are vital to supporting jobs and the continued economic well-being
of all Ontarians. Supporting jobs is a key priority of Ontario's Open for Business agenda
The PPS draft policies would:
• Encourage municipalities to facilitate conditions for economic investment (1.3.1)c))
• At the time of official plan review or update, encourage municipalities to assess locally -identified employment areas to ensure
designations are appropriate (1.3.2.2)
• Provide municipalities with greater control over employment area conversions to support the forms of development and job
creation that suit the local context (current and future) (1.3.2.5)
• Provide enhanced direction for land use compatibility and stronger protection for major facilities such as manufacturing and
industrial uses where non -employment uses are planned nearby (i.e. buffering uses from new sensitive uses) (1.2.6.1, 1.2.6.2,
1.3.2.3, Definitions: "Major facilities")