The Building Better Communities and Conserving Watersheds Act, 2017 (“Bill 139”) received Royal Assent on December 12, 2017. This means that Bill 139 is in force. However, the substantial amendments contained in the Schedules to Bill 139 which impact the future processing of Planning Act applications will not come into force until a day to be named by proclamation by the Lieutenant Governor of Ontario. Current indications are that the Proclamation Date will occur after the rules and regulations governing the new appeals tribunal are complete, anticipated in the spring of 2018.
The document outlines appeal processes for planning decisions after the passage of Bill 139 in Ontario. Key changes include:
- Appeals of official plans and zoning by-laws are now limited to whether the decision conforms with provincial and upper-tier plans.
- Appeals of rejected official plan amendments or zoning by-law amendments must now meet a two-part conformity test to be approved.
- Mediation is now mandatory for appeals of official plans and zoning by-laws.
The document provides detailed flowcharts outlining the multi-stage appeal processes and conformity tests for decisions on official plans, official plan amendments, zoning by-laws and their amendments at the LPAT.
The document summarizes a city council meeting that discussed several items: a zone change request from single-family to multi-family residential for a 5-acre tract; a proposed 90-day moratorium on RV park development applications; and an amendment to the thoroughfare plan projecting new collector streets in south-central San Angelo. The council received recommendations from planning staff, committees, and commissions to approve the zone change and thoroughfare plan amendment, and enact the 90-day moratorium.
This document discusses various aspects of city planning and development regulations in India. It explains the difference between growth and development, and the need for planned growth through development plans. It outlines the types of planning as positive (development plans) and negative (development control rules). It also discusses the National Building Code of India, which lays down minimum requirements for building safety, and the Maharashtra Regional and Town Planning Act and development control rules, which regulate land use and building construction. Overall, the document emphasizes the importance of both development plans and development control rules in guiding orderly city development.
The document summarizes the process for applying for a zoning variance. It explains that a variance provides relaxation from a standard land use ordinance and must be decided by the zoning board of appeals. The application process requires the applicant to complete forms, provide plans for the property and proposed project, and give a written statement showing how the project meets legal criteria for a variance. It also outlines a three-step test the project must meet regarding unique property limitations, no harm to public interests, and unnecessary hardship.
At the Spring planning club of 2016, we covered the following topics:
• starter homes - recent updates and the effect of these for local authorities
• viability and section 106 agreements - we will be looking at the effect of viability on planning obligations and how viability issues can be addressed in the section 106 agreement
• planning enforcement in relation to heritage assets and a review of case law from the perspective of a local authority.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
City of Salina Brochure-The Zoning ProcessCity of Salina
To rezone property in Salina, Kansas, the following steps must be taken:
1. Pick up an application from the Planning Department and schedule a pre-application meeting to discuss the proposal.
2. Submit the completed application with required documents and fees to the Planning Department by the deadline for the next Planning Commission meeting.
3. The Planning Commission will hold a public hearing on the proposal where they will receive the staff recommendation and public comments before voting on whether to approve or deny the rezoning.
4. If approved by the Planning Commission, the rezoning request will be sent to the City Commission for final approval on two separate readings of an ordinance.
The document outlines appeal processes for planning decisions after the passage of Bill 139 in Ontario. Key changes include:
- Appeals of official plans and zoning by-laws are now limited to whether the decision conforms with provincial and upper-tier plans.
- Appeals of rejected official plan amendments or zoning by-law amendments must now meet a two-part conformity test to be approved.
- Mediation is now mandatory for appeals of official plans and zoning by-laws.
The document provides detailed flowcharts outlining the multi-stage appeal processes and conformity tests for decisions on official plans, official plan amendments, zoning by-laws and their amendments at the LPAT.
The document summarizes a city council meeting that discussed several items: a zone change request from single-family to multi-family residential for a 5-acre tract; a proposed 90-day moratorium on RV park development applications; and an amendment to the thoroughfare plan projecting new collector streets in south-central San Angelo. The council received recommendations from planning staff, committees, and commissions to approve the zone change and thoroughfare plan amendment, and enact the 90-day moratorium.
This document discusses various aspects of city planning and development regulations in India. It explains the difference between growth and development, and the need for planned growth through development plans. It outlines the types of planning as positive (development plans) and negative (development control rules). It also discusses the National Building Code of India, which lays down minimum requirements for building safety, and the Maharashtra Regional and Town Planning Act and development control rules, which regulate land use and building construction. Overall, the document emphasizes the importance of both development plans and development control rules in guiding orderly city development.
The document summarizes the process for applying for a zoning variance. It explains that a variance provides relaxation from a standard land use ordinance and must be decided by the zoning board of appeals. The application process requires the applicant to complete forms, provide plans for the property and proposed project, and give a written statement showing how the project meets legal criteria for a variance. It also outlines a three-step test the project must meet regarding unique property limitations, no harm to public interests, and unnecessary hardship.
At the Spring planning club of 2016, we covered the following topics:
• starter homes - recent updates and the effect of these for local authorities
• viability and section 106 agreements - we will be looking at the effect of viability on planning obligations and how viability issues can be addressed in the section 106 agreement
• planning enforcement in relation to heritage assets and a review of case law from the perspective of a local authority.
https://www.brownejacobson.com/sectors-and-services/services/real-estate/planning
Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
City of Salina Brochure-The Zoning ProcessCity of Salina
To rezone property in Salina, Kansas, the following steps must be taken:
1. Pick up an application from the Planning Department and schedule a pre-application meeting to discuss the proposal.
2. Submit the completed application with required documents and fees to the Planning Department by the deadline for the next Planning Commission meeting.
3. The Planning Commission will hold a public hearing on the proposal where they will receive the staff recommendation and public comments before voting on whether to approve or deny the rezoning.
4. If approved by the Planning Commission, the rezoning request will be sent to the City Commission for final approval on two separate readings of an ordinance.
The document provides an overview of the State Administrative Tribunal's (SAT) role in reviewing adjudicator's decisions under the Constructions Contracts Act 2004 (WA). It discusses how SAT has a review jurisdiction and hears matters de novo to make the correct and preferable decision. It outlines common jurisdictional issues SAT sees, such as applications not being properly prepared or served according to the Act, or not being submitted within required timeframes. The document aims to help adjudicators avoid these issues and better understand SAT's review process.
1. The document discusses multi-tier dispute resolution processes in construction contracts, including the engineer's efforts to reach agreement, fair determination, amicable settlement, and arbitration.
2. It provides an overview of the roles and responsibilities of the Dispute Adjudication Board (DAB) as outlined in the FIDIC 1999 contract, including the appointment process, obtaining decisions, and notices of dissatisfaction.
3. Selecting qualified and impartial arbitrators/adjudicators is important for an effective dispute resolution process as their quality can make or break the process and the reputation of the process depends on them.
this PowerPoint Presentation shows the procedure on how the merging takes place between the parent company and 100% holding company including the the form numbers which are to be filed
The document provides an overview of the land development process in Cedar Park, Texas. It outlines the typical steps which include annexation, zoning, subdivision, permitting for site development, building, certificates of occupancy, and miscellaneous permits. For each step, it describes the purpose, typical milestones, and related resources. The comprehensive plan guides decisions around development proposals to establish a vision for Cedar Park based on community input.
The document outlines the process for appeals related to municipal and private official plan amendments (OPAs) and zoning by-law amendments (ZBAs) under the Planning Act. It shows the steps for a first appeal when a municipality initiates an OPA/ZBA or refuses/fails to make a decision on a private application. It also details the second appeal process if the municipality fails to make a new decision or the approval authority refuses an amended plan.
Our November planning and development club covered the following topics;
• selling developments to investors; points to note - Kassra Powles
• working with the public sector - Alex Kynoch
• planning update - Dmitrije Sirovica
For further advice and training visit our webpage - https://www.brownejacobson.com/
The document outlines the procedures for obtaining consent to establish and consent to operate from the Haryana State Pollution Control Board.
Key points:
- Industries are categorized as Red, Orange, or Green based on pollution levels. Red and Orange industries must submit a bank guarantee while applying for consent to establish.
- Consent to establish is valid for 2-5 years depending on the industry. Consent to operate is granted in two parts - for trial production and then regular production.
- Applications are approved by the District Level Committee for industries up to Rs. 5 crore capital investment, and by the Board Chairman for larger industries. Industries covered by EIA notification require additional clearances.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
Ontario's Building Regulations for DesignersAnthony Boyko
This is a presentation developed for Sheridan College students in the Interior Decorating program, July 2017
Introduction to the Building Code for Designers,
http://www.orderline.com/introduction-to-the-building-code-for-designers
The document outlines the tax remedies available under the National Internal Revenue Code, Local Government Code, Customs Modernization and Tariff Act, and for assailing the validity of tax laws. It provides flowcharts showing the process for assessments, refunds, forfeitures, and appeals for each law. The key steps include filing administrative claims within timeframes, appealing denials to higher authorities, and ultimately petitioning the Court of Tax Appeals for review.
The document summarizes changes to NLRB representation case rules. Key changes include:
- Petitions can now be e-filed and must include the petitioner's preferences for election details.
- Employers must post and distribute a Notice of Petition and provide employee lists and position statements with more details.
- Pre-election hearings will generally be held 8 days after petition filing to determine representation questions. Briefs are not permitted.
- Direction of Election decisions can be immediately implemented without a waiting period for requests for review.
- Employer must provide electronic voter lists within 2 days of direction or agreement. Lists include more employee contact information.
During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
This ordinance amends the city's zoning ordinance and subdivision regulations to include standards for assisted living facilities. It defines assisted living facilities and aged persons. It establishes performance standards for assisted living facilities regarding general standards, location, site standards, area regulations, and administrative procedures. It also amends the zoning ordinance to include assisted living facilities as conditional uses in residential and professional office districts. Finally, it establishes a parking requirement of three spaces for every five residential units for assisted living facilities.
The document provides an overview of planning systems in the UK, including legislation, policy, and the roles of local and neighbourhood plans. It discusses the development management process, including different types of permitted development and agreements related to highways improvements. Section 106 agreements are described as allowing local authorities to request funding from developers for community infrastructure to address impacts of new developments. Section 278 and Section 38 agreements relate specifically to highway improvements and adoptions.
- The applicant is seeking approval to replat two commercial properties into one lot for future development and is requesting three variances to current zoning regulations.
- The replat would combine two properties along Broadway between College Blvd and Inslee Ave into a single lot for commercial use while existing structures remain.
- Approval of the replat would result in nonconforming issues related to landscaping and parking requirements that require variances or plat notes.
The document is the agenda for a City Council meeting to take place on October 1, 2013. The agenda includes items such as opening procedures, consent agenda items like approving meeting minutes and awarding contracts, a regular agenda with public hearings and ordinances on zoning changes, and closing procedures like future agenda items and adjournment. Key issues to be discussed are zoning changes, awarding of contracts, and reports on fire prevention and the energy industry. The meeting will take place at the McNease Convention Center and is open to the public.
- The document discusses potential amendments to address issues with residential construction projects being abandoned or taking too long to complete in the city. It outlines two potential amendments - additional contractor registration requirements and enforcement tools, and adopting regulations for declaring abandoned projects as substandard structures. The amendments aim to encourage timely completion of projects and limit impact of non-performing contractors.
Participation in the irish planning systemAn Taisce
presentation on planning, making submissions appeals and handling enforcement issues, given at workshop as part of This Place Matters project in Letterkenny Donegal
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
The document provides an overview of the State Administrative Tribunal's (SAT) role in reviewing adjudicator's decisions under the Constructions Contracts Act 2004 (WA). It discusses how SAT has a review jurisdiction and hears matters de novo to make the correct and preferable decision. It outlines common jurisdictional issues SAT sees, such as applications not being properly prepared or served according to the Act, or not being submitted within required timeframes. The document aims to help adjudicators avoid these issues and better understand SAT's review process.
1. The document discusses multi-tier dispute resolution processes in construction contracts, including the engineer's efforts to reach agreement, fair determination, amicable settlement, and arbitration.
2. It provides an overview of the roles and responsibilities of the Dispute Adjudication Board (DAB) as outlined in the FIDIC 1999 contract, including the appointment process, obtaining decisions, and notices of dissatisfaction.
3. Selecting qualified and impartial arbitrators/adjudicators is important for an effective dispute resolution process as their quality can make or break the process and the reputation of the process depends on them.
this PowerPoint Presentation shows the procedure on how the merging takes place between the parent company and 100% holding company including the the form numbers which are to be filed
The document provides an overview of the land development process in Cedar Park, Texas. It outlines the typical steps which include annexation, zoning, subdivision, permitting for site development, building, certificates of occupancy, and miscellaneous permits. For each step, it describes the purpose, typical milestones, and related resources. The comprehensive plan guides decisions around development proposals to establish a vision for Cedar Park based on community input.
The document outlines the process for appeals related to municipal and private official plan amendments (OPAs) and zoning by-law amendments (ZBAs) under the Planning Act. It shows the steps for a first appeal when a municipality initiates an OPA/ZBA or refuses/fails to make a decision on a private application. It also details the second appeal process if the municipality fails to make a new decision or the approval authority refuses an amended plan.
Our November planning and development club covered the following topics;
• selling developments to investors; points to note - Kassra Powles
• working with the public sector - Alex Kynoch
• planning update - Dmitrije Sirovica
For further advice and training visit our webpage - https://www.brownejacobson.com/
The document outlines the procedures for obtaining consent to establish and consent to operate from the Haryana State Pollution Control Board.
Key points:
- Industries are categorized as Red, Orange, or Green based on pollution levels. Red and Orange industries must submit a bank guarantee while applying for consent to establish.
- Consent to establish is valid for 2-5 years depending on the industry. Consent to operate is granted in two parts - for trial production and then regular production.
- Applications are approved by the District Level Committee for industries up to Rs. 5 crore capital investment, and by the Board Chairman for larger industries. Industries covered by EIA notification require additional clearances.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
Ontario's Building Regulations for DesignersAnthony Boyko
This is a presentation developed for Sheridan College students in the Interior Decorating program, July 2017
Introduction to the Building Code for Designers,
http://www.orderline.com/introduction-to-the-building-code-for-designers
The document outlines the tax remedies available under the National Internal Revenue Code, Local Government Code, Customs Modernization and Tariff Act, and for assailing the validity of tax laws. It provides flowcharts showing the process for assessments, refunds, forfeitures, and appeals for each law. The key steps include filing administrative claims within timeframes, appealing denials to higher authorities, and ultimately petitioning the Court of Tax Appeals for review.
The document summarizes changes to NLRB representation case rules. Key changes include:
- Petitions can now be e-filed and must include the petitioner's preferences for election details.
- Employers must post and distribute a Notice of Petition and provide employee lists and position statements with more details.
- Pre-election hearings will generally be held 8 days after petition filing to determine representation questions. Briefs are not permitted.
- Direction of Election decisions can be immediately implemented without a waiting period for requests for review.
- Employer must provide electronic voter lists within 2 days of direction or agreement. Lists include more employee contact information.
During the final planning club of 2015, we covered the following topics:
• planning enforcement - a look at key planning enforcement difficulties and how to overcome them
• The Planning and Housing Bill - considering the effect of this Bill and the government’s ‘crusade to get 1 million homes built by 2020’ from a planning perspective, with a particular focus on starter homes and the effect of these for local authorities.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
This ordinance amends the city's zoning ordinance and subdivision regulations to include standards for assisted living facilities. It defines assisted living facilities and aged persons. It establishes performance standards for assisted living facilities regarding general standards, location, site standards, area regulations, and administrative procedures. It also amends the zoning ordinance to include assisted living facilities as conditional uses in residential and professional office districts. Finally, it establishes a parking requirement of three spaces for every five residential units for assisted living facilities.
The document provides an overview of planning systems in the UK, including legislation, policy, and the roles of local and neighbourhood plans. It discusses the development management process, including different types of permitted development and agreements related to highways improvements. Section 106 agreements are described as allowing local authorities to request funding from developers for community infrastructure to address impacts of new developments. Section 278 and Section 38 agreements relate specifically to highway improvements and adoptions.
- The applicant is seeking approval to replat two commercial properties into one lot for future development and is requesting three variances to current zoning regulations.
- The replat would combine two properties along Broadway between College Blvd and Inslee Ave into a single lot for commercial use while existing structures remain.
- Approval of the replat would result in nonconforming issues related to landscaping and parking requirements that require variances or plat notes.
The document is the agenda for a City Council meeting to take place on October 1, 2013. The agenda includes items such as opening procedures, consent agenda items like approving meeting minutes and awarding contracts, a regular agenda with public hearings and ordinances on zoning changes, and closing procedures like future agenda items and adjournment. Key issues to be discussed are zoning changes, awarding of contracts, and reports on fire prevention and the energy industry. The meeting will take place at the McNease Convention Center and is open to the public.
- The document discusses potential amendments to address issues with residential construction projects being abandoned or taking too long to complete in the city. It outlines two potential amendments - additional contractor registration requirements and enforcement tools, and adopting regulations for declaring abandoned projects as substandard structures. The amendments aim to encourage timely completion of projects and limit impact of non-performing contractors.
Participation in the irish planning systemAn Taisce
presentation on planning, making submissions appeals and handling enforcement issues, given at workshop as part of This Place Matters project in Letterkenny Donegal
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
2. Legislative Objectives
Eliminate the Ontario Municipal Board, replace with Local Planning Appeal Tribunal
New limits on Planning Act appeals
Changes to conduct of appeal hearings – fewer and shorter hearings
No change to process before Council
2
3. Planning Act Appeals – Official Plan
Official Plan appeals can only be made on the basis that:
Part of the decision appealed is inconsistent with the provincial policy statement, fails to conform with or
conflicts with a provincial plan, fails to conform with the upper-tier plan
No appeals on the basis of other valid planning issues if this test cannot be met, e.g.:
• Good planning
• Incompatibility
• Adverse impacts (e.g. traffic, wind, shadow, privacy)
No appeals related to Major Transit Station Areas
• Identification
• Maximum densities
• Maximum heights – Planning Act ss. 17(36.1.4)-(36.1.7)
3
4. Planning Act Appeals – Official Plan – Minister’s
Decisions
No appeal on Minister’s decision on official plans
• s. 17(34) – PA, s. 17(36.5)
• s. 26 – PA, s. 21.3
Not even a municipality can appeal
• Loss of local planning autonomy
No public process required
• Loss of transparency
4
5. Third Party Participation Under the Local Planning
Appeal Tribunal Act, 2017 (“LPATA”)
A person wishing to participate in an appeal of an:
• Official plan
• Application to amend an official plan
• Zoning by-law
• Application to amend a zoning by-law
Must make a written submission to the Tribunal at least 30 days prior to a Case
Management Conference
Submission must set out how the decision or failure to make a decision:
• was inconsistent with a Provincial Policy Statement
• fails to conform with or conflicts with a provincial plan
• fails to conform with an applicable official plan – s. 40(1)
5
6. Mediation
An outcome of mandatory Case Management Conference
Is possible for any matter before the Tribunal – s. 33(1)(5)
Must be considered for Official Plan and ZBL matters – s. 39(2)
6
8. Site Plan Approval Appeal Process
Site Plan Approval
Application
No decision within 30 days
Appeal to LPAT (or Local
Appeal Body)
(not substantively changed by
Bill 139)
s. 41(12)
Applicant unsatisfied with
requirement(s) of the Site Plan
Application
Appeal to LPAT (or Local
Appeal Body)
(not substantively changed by
Bill 139)
s. 41(12)
8
9. Minor Variance Approval Appeal Process
Minor Variance
Application
Rejected by
Committee of
Adjustment
Appeal to LPAT
s. 45(12)
Dispute re.
conditions of
approval
Appeal to LPAT
s. 45(12)
9
10. Consent Approval Appeal Process
Consent
Application
Rejected by
Committee of
Adjustment
Appeal to LPAT
s. 53(19)
Dispute re.
conditions of
approval
Appeal to LPAT
s. 53(19)
Appeal changed
conditions
Appeal to LPAT
s. 53(27)
Failure to make a
decision within
90 days
Appeal to LPAT
s. 53(14)
10
11. Draft Plan of Subdivision Appeal Process
Draft Plan of Subdivision
Application
No decision on
application within 180
days
Appeal to LPAT
s. 51(34)
Case Management Appeal Hearing
Application Refused
Appeal to LPAT
(unchanged by Bill 139)
s. 51(39)
Dispute re. conditions of
approval
Appeal to LPAT
(unchanged by Bill 139)
s. 51(43)
11
Oral submissions only: no party
may adduce evidence or
call/examine witnesses
12. Official Plan/OPA Appeal Process
(No Decision by Approval Authority within 210 Days (s. 17(40))
Official Plan Amendment or
Official Plan sent to Approval
Authority for Decision
Appeal to LPAT for Refusal or
No Decision by Council
within 210 days
s. 17(40)
Appeal does not appear to
be substantively changed by
Bill 139 – not limited to
Conformity Exercise and only
one-stage appeal
LPAT may
Approve/Modify/Refuse on
any ground
s. 17(50)
12
Oral submissions only:
no party may adduce
evidence or
call/examine witnesses
13. 13
OPA Appeal Process
(Refusal or Failure by Council to Adopt Amendment (s. 22(7))
Official Plan Amendment
Appeal to LPAT for Refusal or No
Decision by Council within 210
days
s. 22(7)
First Appeal Hearing at LPAT
Is the 2-Part Conformity Test
met?
NO – No further appeal
s. 22(11.0.8)
YES – Application returned to
Municipality for Decision or
New Decision
s. 22(11.0.9)
Continued on next…
13
Oral submissions only:
no party may adduce
evidence or
call/examine witnesses
14. LPATA silent on whether parties
may adduce evidence and
call/examine witnesses
Municipality adopts OPA
within 90 days
Sent to Approval Authority
Approval
Refusal
2nd LPAT Appeal
s. 17(36)
LPAT may Modify or Refuse
if municipal decision fails the
Conformity Exercise
s. 17(49.7)
Council refuses OPA again
2nd LPAT Appeal
ss. 22(7)
LPAT may approve, modify
or refuse if OPA meets the
2-Part Conformity Test
s. 22(11.0.15)
No Decision within 90 Days
2nd LPAT Appeal
ss. 22(7)
LPAT May approve, modify,
or refuse on any ground
s. 22(11.0.14)
OPA Appeal Process
(Refusal or Failure by Council to Adopt Amendment (s. 22(7)) – Continued
14
LPATA silent on whether parties
may adduce evidence and
call/examine witnesses
15. Official Plan/OPA Appeal Process
(Refused/Approved by Approval Authority (s. 17(36)) OR Adopted by a Council and
Exempt from Approval (s. 17(24))
15
OP or OPA Refused or Approved
by Approval Authority OR
Adopted by a Council and
exempt from Approval
1st Appeal to LPAT
s. 17(24) or (36)
Does the Municipality’s decision
fail the Conformity Exercise?
NO – No further appeal
s. 17(49.1)
YES – Application returned to
Council for Second Decision
s. 17(49.3)
Continued on next…
Oral submissions only: no party
may adduce evidence or
call/examine witnesses
16. Official Plan/OPA Appeal Process
(Refused/Approved by Approval Authority (s. 17(36)) OR Adopted by a Council and
Exempt from Approval (s. 17(24)) - Continued
16
Municipality fails to adopt OPA
within 90 days
2nd appeal to LPAT for OPA
ss. 22(7)
LPAT may
Approve/Modify/Refuse on any
ground
s. 22(11.0.14)
Municipality adopts new
plan/OPA within 90 days
Approval sent to Approval
Authority
Approval Authority decision to
Approve/Refuse
2nd LPAT Appeal
s. 17(49.7)
Does the decision Fail the
Conformity Exercise?
YES – LPAT may Modify or
Refuse
NO – No Further Appeal
No decision within 90 Days
2nd LPAT Appeal
s. 17(40)
LPAT may
Approve/Modify/Refuse on any
ground
s. 17(50)
Municipality Refuses OPA
2nd LPAT Appeal
ss. 22(7)
LPAT may
Approve/Modify/Refuse if OPA
Meets 2-Part Conformity Test
s. 22(11.0.15)
Note: LPATA silent on whether
parties may adduce evidence and
call/examine witnesses in all of
these stages of appeal proceedings
17. The Conformity Exercise (Municipal Decisions)
On appeal of an Official Plan or Official Plan Amendment where a
municipality or approval authority has made a decision to refuse or
approve, the LPAT can only consider whether the decision:
1. Is inconsistent with a provincial policy statement;
2. Fails to conform with or conflicts with a provincial plan; or
3. Fails to conform with the upper-tier municipality’s Official Plan (in the
case of a lower-tier municipality’s Official Plan)
17
18. 2-Part Conformity Test (Official Plan Amendments)
On an appeal of a non-decision or refusal of an Official Plan Amendment,
the LPAT may only approve the requested Amendment if:
1. The existing part or parts of the official plan that would be affected by
the requested amendment are inconsistent with a Provincial Policy
Statement, fail to conform with a provincial plan, or, in the case of the
official plan of a lower-tier municipality, fail to conform with the upper-
tier municipality’s Official Plan; and
2. The requested amendment is consistent with Provincial Policy
Statements, conforms with or does not conflict with provincial plans
and conforms with upper-tier municipality’s Official Plan
18
19. Revised OPA on Consent of Specified Parties
The LPAT must approve revised plans brought on the consent of
specified parties unless the revisions fail the Conformity Exercise –
s. 17(49.4)
19
Revised Plan on Consent
Revised Plan fails the
Conformity Exercise
New decision by the
Municipality
ss. 17(49.5), 22(11.0.11)
Appeal to LPAT
Revised Plan on Consent
Does the Revised Plan
meet the Conformity test?
YES – LPAT must approve
NO – LPAT can modify or
refuse
ss. 17(49.9), 22(11.0.17)
Specified parties are the municipality, the approval authority, the
Minister (if the Minister is a party), the applicant and all
appellants
20. Zoning By-Law Amendment Appeal Process
Appeal Passing of ZBLA - s. 34(19)
Zoning By-Law Passed
Appeal to LPAT
s. 34(19)
Does the ZBL fail the
Conformity Exercise?
NO – No further appeal
YES – Application returned
to Council for new
Decision
s. 34(26.2)(b)
ZBL Passed
2nd LPAT Appeal
s. 34(26.8)
LPAT may repeal or amend
ZBL if it fails the
Conformity Exercise
20
21. Zoning By-Law Amendment Appeal Process
Appeal Refusal or Non-Decision of ZBLA - s. 34(11)
Zoning By-Law Refused or
Non-Decision
s. 34(11)
Appeal to LPAT
Does the proposed ZBL fail
the Conformity Exercise?
NO – No further appeal
s. 34(26)
YES – Application returned
to Municipality for new
Decision
s. 34(26.1)
ZBLA Approved – No
further appeal
No decision within 90 days
2nd LPAT Appeal
s. 34(11)
LPAT may amend ZBL on
any ground
s. 34(26.6)
Refusal
2nd LPAT Appeal
s. 34(11)
LPAT may amend ZBL if 2-
Part Conformity Test is
met
s. 34(26.7)
21
Note: s. 24(4), which normally deems zoning by-laws to conform with the applicable OP,
does not preclude appeals based on non-conformity – s. 34(26.13)
22. The Conformity Exercise (Municipal Decisions)
On appeal of an Zoning By-law, the LPAT can only consider whether
the decision to adopt the By-law:
1. Is inconsistent with a Provincial Policy Statement;
2. Fails to conform with or conflicts with a provincial plan; or
3. Fails to conform with the upper-tier municipality’s Official Plan (in
the case of a lower-tier municipality’s Official Plan).
22
23. 2-Part Conformity Test (Zoning By-law Amendments)
On an appeal of a non-decision or refusal of a Zoning By-law Amendment
application, the LPAT may only approve the requested Amendment if:
1. The existing part or parts of the zoning by-law that would be affected
by the requested amendment are inconsistent with a Provincial Policy
Statement, fail to conform with a provincial plan, or, in the case of the
Official Plan of a lower-tier municipality, fail to conform with the upper-
tier municipality’s Official Plan; AND
2. The requested amendment is consistent with Provincial Policy
Statements, conforms with or does not conflict with provincial plans
and conforms with upper-tier municipality’s Official Plan
23
24. Revised Zoning By-law on Consent of Specified Parties
The LPAT must approve revised zoning by-laws brought on the
consent of specified parties unless the revisions fail the Conformity
Exercise
24
Revised Zoning By-law on
Consent
Revised By-law fails the
Conformity Exercise
New decision by the
Municipality
Appeal to LPAT
Revised By-law on Consent
Does the Revised Plan meet the
Conformity test?
YES – LPAT must approve
NO – LPAT can modify or refuse
ss. 34(26.10)
Specified parties are the municipality, the Minister (if the
Minister is a party), the applicant and all appellants
26. Appeal processes that are the
same as other cities:
Official Plan Amendment
Zoning By-Law Amendment
For these applications see the
appeal flowcharts for other cities.
For Site Plan, Minor Variance and
Consent appeal processes, read
on…
26
Toronto Appeal Process
27. Site Plan Approval Appeal Process
Site Plan Approval
Application
No decision within 30
days
Appeal to TLAB
(not otherwise changed
by Bill 139)
s. 41(12)
Applicant unsatisfied
with requirement(s) of
the Site Plan Application
Appeal to TLAB
(not otherwise changed
by Bill 139)
s. 41(12)
27
28. Minor Variance Approval Appeal Process
Minor Variance
Application
Rejected by Committee of Adjustment
Appeal to TLAB
s. 45(1)
Dispute re. conditions of approval
Appeal to TLAB
s. 45(1)
Expansion of legal non-conforming use
rejected
Appeal to TLAB
s. 45(2)(a)(i)
Reuse of land, building, or structure that
was legal non-conforming for more
compatible or permitted use rejected
Appeal to TLAB
s. 45(2)(a)(ii)
Use of land, building or structure
(generally defined) that conforms with
uses permitted in the bylaw rejected
Appeal to TLAB
s. 45(2)(b)
28
29. Consent Approval Appeal Process
Consent
Application
Rejected by
Committee of
Adjustment
Appeal to TLAB
s. 53(19)
Dispute re.
conditions of
approval
Appeal to TLAB
s. 53(19)
Dispute changed
conditions
Appeal to TLAB
s. 53(27)
No decision
within 90 days
Appeal to TLAB
s. 53(14)
29
30. Transition
Royal assent – December 12, 2017
Planning Act amendments come into effect on date of proclamation
• When?
• Best guess is April 1, 2018
30
31. Transition – Private Planning Applications
31
Complete Application Appeal Filed Regime
Before Royal Assent Before Royal Assent Pre- Bill 139
Before Royal Assent Between Royal Assent
and Proclamation
Pre- Bill 139
After Royal Assent Between Royal Assent
and Proclamation
Post-Bill 139
After Royal Assent After Proclamation Post-Bill 139
Ontario Municipal Board is continuing as the Tribunal – all references to OMB in legislation are deemed to be to the Tribunal
Tribunal has exclusive jurisdiction and can hear and determine questions of law or fact unless limited by Act; continues to have power to make incidental or necessary decisions, order conditions and make interim orders
Concern that some of the amendments will undermine the Provincial Planning principles and objectives set out in various documents including GP
Ignores matters of provincial interest set out in section 2 – could result in court challenges (could be added to appeal rights)
Modern official plans are extremely detailed – broad policy but often also deal with details of neighbourhood by neighbourhood plans – things over which Provincila staff have no knowledge or expertise
No transparent public hearing to support a thorough review of local matters challenged by individuals as OMB does now – Ministry review neither accessible or open contrary to one of the fundamental purposes of the Planning Act
Will not result in more accessibility or less expense
Not best/good planning
Lack of conformity/consistency with provincial policies, plans and directions – broad visionary documents
Burdens the appeals of private applications with a two part test – not only that the application conforms with provincial policies and plans and OPs but also no conform with provincial policies and plans – almost impossible to meet – to get approved in the first place they must conform (section 24 provides that a ZBL that comes into effect is conclusively deemed to conform to the OP)
Concern that there are many considerations that ware relevant to land use planning that are not directly addressed by provincial policy or provincial plans – eg. Height, urban design, traffic, shadows, landscaping (often subject to mediation) - not necessarily engaged through consideration of provincial interests or official plan conformity particularly in an area or site specific concept) – limitation on scope of appeals effectively excludes these important localized planning matters from review
Person other than an appellant, municipality or approval authority must request
Doesn’t apply to non decision under section 17
Offer the best opportunity for excellent outcomes at lower cost with less delay
As drafted, Bill 139 will undermine those opportunities rather than strengthen them – proposed grounds of appeal have been so curtained that municipal officials or in some cases provincial officials can essentially dictate planning outcomes irrespective of impacts to individuals and fact based planning
Little incentive to mediate if opinions of experts who wield influence in the planning process are sheltered from scrutiny
Experts may opine and influence decision makers as they will – never be held accountable for a lack of rigour, fairness or balance through and appeal process
No need to mediate if you can’t dictate