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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.