HomeMy WebLinkAboutPLN 19-22Report to
Planning & Development Committee
Report Number: PLN 19-22
Date: April 4, 2022
From: Kyle Bentley
Director, City Development & CBO
Subject: Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy
File: A-1110-007
Recommendation:
1. That the Appeals of Council Decisions on Planning Act Applications and Committee of
Adjustment Decisions Policy, dated April 25, 2022, be approved as set out in Appendix I
to Report PLN 19-22.
Executive Summary: The Planning Act (Ontario) allows appeals to the Ontario Land
Tribunal (“OLT”) of Council decisions and non-decisions on Planning Act applications, and
decisions of the Committee of Adjustment (referred to in this report as the “Committee”). Staff
have prepared, for Council approval, a policy to provide guidance on when Council or
Committee decisions are to be defended at OLT hearings. The draft policy also provides
guidance on when staff can represent Council or Committee at hearings, or when it is
warranted for Council to retain outside counsel and independent experts.
Financial Implications: No direct costs are anticipated as a result of the recommendations
of this Report.
1. Background
1.1 The Planning Act (Ontario) permits Council Decisions and Committee of
Adjustment Decisions to be appealed to the Ontario Land Tribunal
The Planning Act (Ontario) allows persons and public bodies to appeal, to the OLT,
Council decisions and non-decisions on certain Planning Act applications, and decisions
of the Committee of Adjustment. Planning Act applications include official plan
amendments, demolition control areas, zoning by-law amendments, holding provision
by-laws, community benefits by-laws, interim control by-laws, site plan control
approvals, conveyance of land for park purposes by-laws, subdivision approvals, and
consents.
Report PLN 19-22 April 4, 2022
Subject: Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy Page 2
The Committee is constituted and appointed by City Council pursuant to section 44 of
the Planning Act. The Committee is a quasi-judicial body that is independent of Council,
that hears and decides on minor variances to the City’s zoning by-laws. Decisions are
made by the Committee after reviewing minor variance applications and submitted
documentation, conducting site visits, and hearing from the circulated public bodies and
members of the public at the public hearing.
1.2 The City submits a required municipal record to the OLT
In all appeals, City staff forward required documents to the OLT (associated with the
matter under appeal), forming the municipal record. These documents include: the
application form, drawings and supporting documents; City Development staff report;
meeting and hearing minutes; public notice; circulation lists; and written comments and
submissions made to Council or the Committee. The record provides the OLT with
information on the processing of the application, reporting by staff to Council or the
Committee, and comments from circulated public bodies and individuals.
1.3 Council must decide whether to defend Council or Committee of Adjustment
decisions and direct staff accordingly or retain outside representation
City Council must decide whether Council or Committee decisions will be defended at
the OLT hearing, and whether City staff can be directed to do so, or whether outside
counsel and independent experts be retained to represent the City at the OLT hearing.
Outside counsel and independent experts are warranted where the City staff position
does not support the Council or Committee decision, or where City staff resources are
not available.
2. The draft policy provides guidance on determining City representation at OLT
hearings
In preparing a City Policy to provide guidance in determining when and how to seek
direction from Council when Council decisions or non-decisions on Planning Act
applications and Committee decisions are appealed, staff considered outside municipal
best practices. The attached draft policy (see Appendix I) proposes the following
approach for dealing with appeals of Council and Committee decisions:
• Mayor and Council are notified, as soon as practicable, of receipt of an appeal to
the OLT, and are provided with a brief summary of the appeal and main issues
raised by the appeal;
• The City Clerk will circulate to the Mayor; Councillors; CAO; and senior staff, the
following formal OLT correspondence in respect of the appeal of a Decision: (i)
the appeal acknowledgement letter, (ii) notice of any hearing dates (ii) notice of
withdrawal or an adjournment, and (iv) notice of OLT decisions.
Report PLN 19-22 April 4, 2022
Subject: Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy Page 3
• Upon receipt of a Notice of Hearing from the OLT, any Councillor may request
through the City Clerk that the appeal be considered at an in-camera meeting of
Council;
• When such a request for an in-camera meeting is made, staff will provide a
Confidential Memo giving legal and planning advice on the issues raised by the
appeal, including a recommendation regarding the role, if any, that the City and
staff should take on the appeal;
• Involvement of the City in an OLT hearing is considered on a case by case basis
and decided by Council resolution;
• City staff will attend OLT hearings only when authorized by Council or served
with a Summons to Witness; and
• City staff can only attend OLT hearings as representatives of the City when
staff’s professional opinion aligns with Council’s or the Committee’s decision.
Otherwise, outside expert witnesses and legal representation may be retained to
support Council’s or Committee’s position.
3. Staff Recommend that the Appeals of Council Decisions on Planning Act
Applications and Committee of Adjustment Decisions Policy be approved by
Council
Staff have consulted with the Director, Corporate Services & City Solicitor in the
preparation of the Draft Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy. The City’s internal Policy Committee has
reviewed the draft policy. Staff recommend that Council approve the attached Draft
Appeals of Council Decisions on Planning Act Applications and Committee of
Adjustment Decisions Policy as set out in Appendix I.
Appendix:
Appendix I – Draft Appeals of Council Decisions on Planning Act Applications and Committee
of Adjustment Decisions Policy
Report PLN 19-22 April 4, 2022
Subject: Appeals of Council Decisions on Planning Act Applications and
Committee of Adjustment Decisions Policy Page 4
Prepared By: Approved/Endorsed By:
Original Signed By Original Signed By
Deborah Wylie, MCIP, RPP Catherine Rose, MCIP, RPP
Manager, Zoning & Administration Chief Planner
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
Original Signed By
Paul Bigioni
Director, Corporate Services & City Solicitor
DW :ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
Appendix I to
Report No. PLN 19-22
Draft Appeals of Council Decisions on Planning Act
Applications and Committee of Adjustment Decisions Policy
Policy
Procedure Title: Appeals of Council Decisions on Planning Act
Applications and Committee of Adjustment Decisions
Policy Number
ADM 230
Reference
Planning Act
Resolution #xxx/xx
By-law xxxx/xx
Date Originated (m/d/y)
April 25, 2022
Date Revised (m/d/y)
"Click and type date"
Pages
3
Approval: Chief Administrative Officer
Point of Contact
Director, Corporate Services & City Solicitor
Manager, Zoning & Administration, City
Development
Policy Objective
The objective of this Policy is to establish a process for obtaining Council direction on The
Corporation of the City of Pickering (“City”) representation at Ontario Land Tribunal (OLT)
hearings in appeals of Planning Act applications including appeals of Committee of Adjustment
Decisions.
This policy supplements the Planning Act (Ontario), as amended, and the City of Pickering
Committee of Adjustment Rules of Procedure.
Governing Legislation
The Planning Act (Ontario) sets out various persons or public bodies who may appeal to the OLT
in respect of: (i) Decisions of Council related to Planning Act applications including official plan
amendments, demolition control areas, zoning by-law amendments, holding provision by-laws,
community benefits by-laws, interim control by-laws, site plan control approvals, conveyance of
land for park purposes by-laws, subdivision approvals and consents; and (ii) Decisions of the
Committee of Adjustment on minor variance applications.
Index
01 Definitions
02 General
03 Staff Attendance and City Representation at OLT Hearings
01 Definitions
01.01 Act – The Planning Act (Ontario), as amended.
01.02 Council – The Council of The Corporation of the City of Pickering.
Policy Title: Appeals of Council Decisions on Planning Act Application
and Committee of Adjustment Decisions Page 2 of 3
Policy Number: ADM 230
01.03 Committee of Adjustment – The Committee of Adjustment constituted and
appointed by the City pursuant to section 44 (or a predecessor of such section)
of the Act.
01.04 Decision – A decision made by Council on an application under the Act
(whether or not delegated to City staff), a non-decision of Council on an
application under the Act (whether or not delegated to City staff), or a Decision
of the Committee of Adjustment on a minor variance application under section
45 of the Act.
01.05 Secretary-Treasurer – Secretary-Treasurer of the Committee of Adjustment.
01.06 OLT – The Ontario Land Tribunal, an independent adjudicative tribunal
responsible for resolving appeals and applications on municipal and land use
planning matters.
02 General
02.01 Appeals of Council Decisions to the OLT are filed with the City Clerk, and
appeals of Committee of Adjustment Decisions to the OLT are filed with the
Secretary-Treasurer.
02.02 Appeals of Council Decisions filed with the City Clerk will be sent by the City
Clerk, or their designate, to the Director, City Development & CBO. Appeals of
Committee of Adjustment Decisions filed with the Secretary-Treasurer will be
sent by the Secretary-Treasurer, or their designate to the Director, City
Development & CBO.
02.03 The Director, City Development & CBO, or their designate will, as soon as
practical after their receipt of same, circulate notice of any appeal of a Decision
by email to Mayor; Councillors; Admin CAO; Chief Planner; Manager,
Development Review & Urban Design; Manager, Policy & Geomatics; City
Clerk; and Director, Corporate Services & City Solicitor.
02.04 The email notice circulated by the Director, City Development & CBO pursuant
to section 02.03 shall include a brief summary of the Decision appealed from
including: (i) a description of the subject lands, (ii) the parties, (iii) the main
issues raised by the appeal.
02.05 Upon receipt of formal communication from the OLT, the City Clerk, or their
designate, will circulate by email to Mayor; Councillors; CAO; Admin CAO;
Director, City Development & CBO; Chief Planner; Manager, Development
Review & Urban Design; Manager, Policy & Geomatics; Secretary-Treasurer;
Director, Corporate Services & City Solicitor; and Planning Webmail, the
following correspondence in respect of the appeal of a Decision: (i) appeal
acknowledgement letter, (ii) notice of any hearing dates (iii) notice of withdrawal
or an adjournment, and (iv) notice of OLT decisions.
Policy Title: Appeals of Council Decisions on Planning Act Application
and Committee of Adjustment Decisions Page 3 of 3
Policy Number: ADM 230
02.06 Upon receipt of a Notice of Hearing from the OLT, any Councillor may notify the
Director, City Development & CBO; the Director, Corporate Services & City
Solicitor; the City Clerk; the Chief Administrative Officer (CAO); and the Mayor;
that they request the Notice be added to an upcoming in-camera session or
special in-camera meeting of Council to be called by the Mayor.
02.07 Upon receipt of a request from a Councillor pursuant to section 02.06, the
Director, City Development & CBO and the Director, Corporate Services & City
Solicitor shall draft and send to the CAO and the City Clerk, a Confidential
Memo containing all of the information set out in section 02.04 together with City
staff’s legal and planning advice on the issues raised by the appeal, including a
recommendation regarding what role, if any, the City and its staff should take on
such appeal. Such Memo shall be included in the confidential Agenda package
provided to Council.
02.08 Council will consider in-camera, what role, if any, the City should take on any
appeal of a Decision, and will direct staff accordingly. Such direction shall be
ratified in open session.
03 Staff Attendance and City Representation at OLT Hearings
03.01 Active involvement of the City in an OLT hearing is considered by Council on a
case-by-case basis and decided by resolution.
03.02 City staff will attend OLT hearings only when: (i) authorized by Council by
resolution, or (ii) served with a Summons to Witness.
03.03 City staff can only attend OLT hearings as representatives of the City when the
professional opinion of staff regarding an OLT appeal aligns with Council’s
position on the Decision under appeal.
03.04 In situations where the professional position of City staff on the appeal of a
Decision does not align with Council’s position, Council may decide that the City
shall take no active role in the appeal or that City staff be directed to retain such
outside planning, legal and/or consulting representation as is required to
support Council’s position before the OLT.
Please refer to all associated Procedures and Standard Operating Procedures, if applicable, for
detailed processes regarding this Policy.