Ontario Bar Association Institute 2015 The Development Permit System Katarzyna Sliwa Davies Howe Partners LLP Zoning Minor Varianc e Site Plan Control Development Permit System
Transcript
Slide 1
Ontario Bar Association Institute 2015 The Development Permit
System Katarzyna Sliwa Davies Howe Partners LLP
Slide 2
Where municipality is not exempt Development Permit System,
MMAH A Handbook for Municipal Implementation
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Ontario Regulation 608/06 Development Permits The Official Plan
must: identify the area of a proposed DPS set out the scope of the
authority that may be delegated and any limitations contain a
statement of the municipalitys goals, objectives and policies for
the DPS area set out the types of criteria that may be included in
the DPS by-law set out the types of conditions that may be included
in the DPS by- law
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Ontario Regulation 608/06 Development Permits The Official Plan
may: set out information and materials that are required for a
development permit application (in addition to that in Schedule 1)
exempt any class of development or any use of land from any
requirements under Schedule 1 contain policies for the provision of
specified facilities, services and matters in exchange for a
specified height or density of development
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5 Development Permit System, MMAH A Handbook for Municipal
Implementation
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Ontario Regulation 608/06 Development Permits Development
Permit by-law shall: contain a description of the area to which the
by-law applies set out and define the permitted uses and set out
minimum and maximum standards for development set out how notice is
to be given provide that a development permit may be amended as
described in the by-law provide that an agreement may be amended as
described in the by-law set out the scope of the authority where it
is delegated and any limitations on the delegation outline any
conditions Council wishes to impose when making a decision
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Ontario Regulation 608/06 Development Permits Development
Permit By-law may: prohibit any development or change of use of
land unless a development permit is obtained set out and define
classes of development exempt any class of development or use of
land from the requirement for a development permit set out a list
of classes of development or uses of land that may be permitted if
the criteria set out in the official plan and by-law are met set
out a range of possible variations from the standards that may be
authorized in connection with issuing a development permit
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Framework Appeal to O.M.B. Approval = Permit Section 70.2
Planning Act Section 70.2 Planning Act O. Reg 608/06 DPS OPA Only
applicant can appeal Planning Act section 17(24) Approval with
Conditions * Can include requirements to enter into development
agreements Approval with Conditions * Can include requirements to
enter into development agreements Non-Decision after 45 days from
time of filing complete application Non-Decision after 45 days from
time of filing complete application DPS by-law under section 34
outlines standards & criteria Refusa l Planning Act section 34
(20 days)
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Toronto OPA 258 Goals a)implement the vision, principles and
policies of the Official Plan; b)engage the community in the
creation of the planned vision subject areas; c)establish a
comprehensive planning framework that facilitates and shapes
development appropriate for subject areas; and d)secure predictable
outcomes by ensuring that all approved development is consistent
with the planned vision and the comprehensive planning framework
for subject areas.
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