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HomeMy WebLinkAboutADM 230 Appeals Planning Act Applications and CofA 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 #870/22 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 and to the Chair, Committee of Adjustment. 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 any appeal of a Committee of Adjustment Decision pursuant to Section 02.03, the Chief Planner or any Councillor may notify the Director, City Development & CBO; the Director, Corporate Services & City Solicitor; the City Clerk; the Chief Administrative Officer; 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 Upon receipt of a notice of any appeal of a Council Decision pursuant to Section 02.03, the Chief Planner will notify the Director, City Development & CBO; the Director, Corporate Services & City Solicitor; the City Clerk; the Chief Administrative Officer; 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. 03.02 Active involvement of the City in an OLT hearing is considered by Council on a case-by-case basis and decided by resolution. 03.03 City staff will attend OLT hearings only when: (i) authorized by Council by resolution, or (ii) served with a Summons to Witness. 03.04 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. 03.05 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.