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Martin Rendl, MCIP, RPP
Planning and
Development Approvals
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• What is planning?
• Why is planning relevant
to architects?
• What planning
instruments apply?
• Successfully navigating
the municipal planning
approvals process
Overview
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Historic
• Civic form and beauty
• Public health and services
• Living conditions
Current
• Managing growth
• Regulating land use and
development
• Transportation
Themes in Planning
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• Planning reaches into every aspect of daily life
• As communities develop, planning shapes:• Where we live, work, shop, learn
and play
• How we move
• How our communities look
• The quality of public & private spaces
What is Planning?
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• Private land and
development is regulated
in the public interest
• Planning balances the
rights of property owners
with wider community
interests
• Ontario has a policy led
planning system
Purpose of Planning
in Ontario
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1. You need planning approvals to get the project built
2. Planning legislation defines the development approval process
3. Some planning approvals are applicable law under the OBC Act
4. Influences the design of communities and buildings
5. Defines rules and context for buildings
Why is Planning Relevant to
Architects?
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Planning Legislation
and Instruments
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Province of Ontario1. Enacts the legislation
municipalities follow in their planning
2. Issues policy statements
3. Protects provincial interests
4. Ontario Municipal Board adjudicates planning disputes
Roles and Responsibilities
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Roles and Responsibilities
Municipalities1. Develop local
planning policies
and rules
2. Approve• Official Plans, Zoning By-laws, Site Plans,
Subdivisions, Design Guidelines, Heritage
Conservation
3. Articulate local interests in planning
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Province of Ontario
• Provincial Policy Statement
• Growth Plans
Municipalities
• Official Plans
• Zoning By-laws
• Plans of Subdivision
• Site Plan Control
Main Planning Instruments
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Provincial Policy Statement -
2005
• Issued for land use planning matters
considered of provincial interest
• Building strong communities, wise management
of resources, public health and safety,
sustainable design
• Municipal planning
decisions must be
consistent with PPS policies
• New PPS, April 30, 2014
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The Greenbelt Plan - 2005
• Oak Ridges Moraine,
Niagara Escarpment plus
other lands
• 1.8 million acres
• 160 km long
• Protects environmentally
sensitive natural heritage
& agricultural lands
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• 2006 Growth Plan for the Greater Golden Horseshoe
• Vision for 2031
• 3.7 million more people
• 1.8 million more jobs
• Where and how to grow
• 2009- Draft Growth Plan for Northern Ontario
Places to Grow Act
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Ontario Planning Act • Authority for municipalities to plan and
control development
• Requires local decisions to be
consistent with provincial policies
• Sets the rules for municipal control of
land use and development
• Sets out approval processes, time
frames, and appeal provisions
Provincial Legislation
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Under Planning Act
• Official Plan
• Zoning By-law
• Plan of Subdivision
• Site Plan Control
• Interim Control
• Demolition Control
Municipal Planning Instruments
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The Planning Act
Provincial
Policy
Statement
Secondary Plan
Comm. Imp. Area
Minor Variance
Special Zoning
Consent
Condominium
Site Plan
Agreement
Official Plan
Zoning By-law
Subdivision
Site Plan Control
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Condominium Act
• Condominium Plan
Ontario Heritage Act
• Heritage Conservation
District
• Designated Heritage
Property
Municipal Planning Instruments
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Official Plan
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• Adopted by a local or regional municipality• Local OP conforms with policies of regional OP
• Policy framework for its planning mandate• Goals, objectives, and policies
• Growth management strategy
• Guides all municipal planning decisions
• Directs physical change
• Coordinates land use with infrastructure
• Needs to be updated at least every 5 years
Official Plan
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Town of Grimsby Official Plan
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• Part of an Official Plan
• More detailed policies and land use
designations for specific areas in a
municipality
• Address local issues and context
• Examples: King-Spadina,
Downtown Hamilton, North Leslie
Secondary Plan
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North Leslie Secondary Plan
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Development adjacent to neighbourhoods will:
a) Be compatible;
b) Provide a gradual transition of scale and
density through the stepping down of
buildings towards and setbacks from those
neighbourhoods;
c) Maintain adequate light and privacy for
residents;
d) Attenuate traffic and parking impacts on
adjacent streets.
Example: OP Policy
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Zoning
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• Chief tool municipalities use to control development
• Separates land uses into zones
• Sets development standards for each zone
Zoning By-law
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G – Park
R – Residential
CR – Mixed Use
MCR – Mixed Use
Zoning By-law
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Zoning By-law
• Standards specify:• Permitted use of land and buildings
• Building type, height, density, setbacks, massing
• Site coverage
• Required parking, loading area, landscaping, etc.
• As-of-right permission
• By-law permits exactly the use or building
• Amendment/Rezoning needed
• Proposed use and/or building not permitted
• Apply to Council for an amendment to the zoning
by-law to permit
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Zoning By-law
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Example: Zoning By-law
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Zoning By-laws
• Often complex and cumbersome documents
• Numerous general and site specific amendments
• May be out of date or poorly written
• Issues of interpretation
• Blunt tool for matters of design
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Example
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Plan of Subdivision
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• How a municipality controls
the division of land into lots
and blocks
• Prevents unplanned urban
growth and growth without
municipal services
• Key instrument in managing
urban expansion
Plan of Subdivision
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• Road and lot pattern
• Dedication of public lands (streets, parks, school sites, SWM ponds)
• Draft plan approval by municipality with conditions
• Plan is registered in Land Registry Office
Plan of Subdivision
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Example: Plan of Subdivision
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Site Plan & Architectural Control
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• Addresses detailed site-specific matters of
development
• Parking, walkways, lighting, fences, landscaping,
building massing and elevations
• Conditions of development imposed
• Site plan agreement and securities ensure
provision and maintenance of facilities
• Agreement registered on title
Site Plan & Architectural Control
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• Site plan approval includes:
• Architectural control
• Matters relating to the exterior design
including character and scale
• Sustainable design
Site Plan & Architectural Control
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Site Plan Approval
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Example: Site Plan Approval
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Example: Site Plan Approval
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Site Plan & Sustainable Design
• Sustainable design
addressed as a matter of the
exterior design of buildings
• Solar panels, green roofs
• Also elements on road
allowance
• Vegetation, street furniture,
bicycle parking, permeable
pavers
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Applicable Law
Building Code Act, 1992
ONTARIO REGULATION 350/06
BUILDING CODE
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• Ontario Regulation 350/06 (Building Code) under the Building Code Act identifies statutes and regulations that are applicable law
• Building permit application must comply with applicable law before the CBO can issue building permit
• Municipality can advise of current applicable laws
Applicable Law
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• Planning Act instruments that are applicable law:
• Zoning By-law – S.34
• Demolition Control Area – S.33
• Interim Control By-law – S. 38
• Site Plan Approval – S.41
• Payment of cash-in-lieu of parks – S.42
• Minor Variance – S. 45
Applicable Planning Law
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• Development Permit By-law
• Mobile or land lease community homes
– S.46
• Minister’s Zoning Order – S.47
• Registration of plan or deed required
for zoning compliance – Part VI
Applicable Planning Law
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• Ontario Heritage Act
• Heritage Conservation District
• Property designated by Minister of Culture
• Demolition of heritage property – S. 34
• City of Toronto Act
• Site Plan Control
• Fortification of land and application of protective elements to buildings
Applicable Planning Law
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Questions
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Success Navigating
Planning Approvals
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• Types of applications architects deal with most frequently:
1. Official Plan Amendment (site specific)
2. Rezoning (site specific)
3. Site Plan Control Approval
4. Minor Variance Approval
5. Consent
6. Heritage building
Planning Approvals
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• Depending on project, acts alone or
as part of a client’s team
• Advises client on the development
potential of land - risks, potential
• Researches and coordinates plans
and information
• Designs the project
Role of the Architect
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• Helps in the approval process
• Participates in meetings, negotiations,
presentations to public
• Reviews draft zoning by-laws to
ensure intended building can be built
• Gives expert evidence at OMB on
matters within his/her expertise
Role of the Architect
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• All projects should strive for design
excellence
• Creative design can be a positive factor
in processing planning applications
• Design with unique zoning standards
for a site may be preferable to following
general standards that would produce
a less desirable or suitable design for
the site
Design and the
Approval Process
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• Do you design the best project for the site without regard for existing planning regulations and then determine what amendments are needed? or…
• Do you review the planning regulations first and then design “as of right”, applying for amendments only if needed?
Your First Question
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Deciding Factors:
• Client’s objectives
• Municipal planning objectives
• Potential opposition/support
• Suitability of existing planning regulations
• Complexity and cost of approvals process
• Time – carrying costs, market considerations
The Answer: It Depends!
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• Good architecture alone does not guarantee success of application
• Some innovative approaches can be a public benefite.g., BCE Place Atrium =
public art contribution
Role of Design
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• Each planning instrument has its own:• Approval process
• Approval time frame
• Approval authority (Council, Committee, staff)
• All municipalities act under the same planning legislation - but implement it locally their way
• Approval practices and expectations vary across municipalities
Planning Approval Process
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• Talk to the local planner first!
Where to Start ?
• Know the planning requirements and context before you start anything … it saves time and wasted effort
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1. As-of-right permission (OP, Zoning)
2. Approval of an amendment needed
(OP, Zoning)
3. Variance approval (Zoning)
4. Administrative & discretionary
approvals (Site Plan)
5. Appeal of a municipal decision to the
Ontario Municipal Board (All)
Types of Planning Approvals
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• Timing to approval: months to years
• Factors:• Nature of proposed development (e.g., use,
height, density)
• Technical issues (e.g., traffic, servicing)
• Location in community
• Extent to which planning policies and staff support the application
• Public: neighbours, residents groups
• NIMBYism and politics
• Approvals can run in parallel or sequentially, depending on project
Approval Timeframes
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Typical Approval Process
Submit
Application
Circulate
for
Comment
Staff
Report &
Public
Meeting
Council
Decision
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• Regulations define what constitutes a complete planning application• Plans, information, reports, etc.
• Municipality can further define requirements in its Official Plan
• Municipality can refuse to accept an incomplete application
• Affects OPA, ZBA, Plan of Subdivision, Consent
• Time period for appeal begins only when municipality confirms receipt of a complete application
Complete Application
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• Municipality can require applicant to consult with it before submitting an application
• OPA, ZBA, Site Plan Control, Plan of Subdivision
• Municipality cannot deny applicant’s request to consult
Pre-Application Consultation
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• Usually site specific
• Change in use or
increase in height
and density
• Corresponding
rezoning application
1. Official Plan Amendment
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Submit Complete Application
Staff Circulate Application to Departments & Agencies
Preliminary Report to Planning Committee
Notice Sign Posted on Property
Notice Mailed to Owners Within 120 metres
Recommendation Report to Planning Committee
Committee Recommends to Council
Council Passes Official Plan Amendment
Amendment May be
Appealed to OMB
Official Plan
Amendment
Approval
Process
6 –
12
Mo
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• Rezoning of site
• Amendment to the
zoning by-law to
permit the proposed
use and/or building
• Height, density,
setbacks, parking, etc.
2. Zoning By-law Amendment
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Submit Complete Application
Staff Circulate Application to Departments & Agencies
Preliminary Report to Planning Committee
Notice Sign Posted on Property
Notice Mailed to Owners Within 120 metres
Recommendation Report to Planning Committee
Committee Recommends to Council
Council Passes By-law Amendment
By-law May be
Appealed to OMB
Zoning
By-law
Amendment
Approval
Process
6 –
12
Mo
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• Zoning permits the proposed
development
• Application submitted
• Applicant provided comments
• Resubmission to municipality
• No public meeting or notice for application
• Council can delegate approval of application to staff
3. Site Plan Control Approval
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Submit Complete Application
Staff Circulate Application to Departments & Agencies
Report to Planning Committee
Application Approved with Conditions
Staff Approve with Conditions
Applicant May
Appeal
Conditions to
OMB
Site Plan
Approval
Process
2 –
6 M
on
ths
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• Minor relaxation from
the strict application
of a zoning standard,
e.g., height, setback,
floor area, use
• Common application
for renovations,
additions, infill
construction
4. Minor Variance Approval
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Example: Minor Variance
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Submit Complete Application
Internal and External Review Completed
Notice Sign Posted on Property
Notice Mailed to Owners Within 60 metres
Committee of Adjustment Meeting
Application Approved or Refused
Decision May be
Appealed to OMB
Minor
Variance
Approval
Process
2 M
on
ths
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• Creating one or more lots from an
existing lot (small scale)
• No plan of subdivision considered
necessary but same criteria applied
• Approved by the Committee of
Adjustment or Land Division Committee
• Conditions of approval
5. Consent
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Submit Complete Application
Staff Circulate Application to Departments and Agencies
Notice Sign Posted on Property
Notice Mailed to Owners Within 60 metres
Committee of Adjustment Meeting
Application Approved or Refused
Decision May be
Appealed to OMB
Consent
(Land
Severance)
Approval
Process
3 –
12
Mo
nth
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Heritage Conservation
• Ontario Heritage Act
• Designated buildings
• Buildings in Heritage Conservation Districts
• Regulates:
• alterations
• additions
• demolition
• new construction
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Submit Complete Application
Staff Review Application
Report to Heritage Committee
Recommendation to Council
Application Approved or Refused
Refusal May be
Appealed to OMB
Heritage
Approval
Process
4 –
6 M
on
ths
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• Most planning approvals require specific kinds of public participation• e.g., Notice of Public
Meeting on application
• Additional consultation often required by municipalities• e.g., Open house, Charette,
Community Meeting
Public Participation
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• Up-front investment in consultation increases chances of success
• Enhanced public engagement outside the formal requirements helps greatly• Share information in
informal settings
• Discuss issues
• Explore mutually acceptable options
Public Participation
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1. Design Review Panels (Peer Review)
2. Design Guidelines
Design Tools in Planning
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• Used by several municipalities and public
agencies
• Vancouver, Toronto, Ottawa, Waterfront
Toronto, Mississauga
• Includes qualified professionals –
architects, planners, landscape architects,
engineers
• Focus on urban design, public realm
• Objective, professional advice
• Advisory only – do not approve
1. Design Review Panels
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• Set out design criteria for the
public realm and site designs
• Guidelines developed by:
• The municipality for types of
development (e.g., drive-thrus, infill
townhouses) or for specific areas
• Landowners for their specific
projects
• Architectural control guidelines in
subdivision design control
2. Design Guidelines
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Example
• Street Definition• Minimize the visibility of
garages from the street
• Buildings designed with front porches and bay windows and other elements to provide interest along the street façade and passive overlook to the street
• Ensure a variety of building types, designs and lot widths throughout the neighbourhood to provide a varied and interesting streetscape.
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This … …Not This
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Appeals in Planning Approvals
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• Planning legislation and approval
process includes appeal provisions
for parties:
• Applicant, municipality, agency, public
• To appeal a council decision, a person
or public body must have made a
submission to the municipal council
Appeals in Planning Approvals
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• Reasons for appeal:
• Disagree with the decision made by approval authority
• Failure to make a decision on an application
• Dispute about:• Conditions of approval
• Complete application requirements
• Planning application fees
Appeals in Planning Approvals
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• Ontario Municipal Board deals with all planning appeals
• OMB is a Provincial adjudicative tribunal
• Independent
• Members appointed by Provincial Cabinet
• Hearings held across Ontario
Ontario Municipal Board
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• Calls for abolition by Toronto &
Mississauga
• Local Appeal Body (LAB)
• Appeals of minor variances &
consents (Committee of Adjustment
decisions)
• Toronto’s LAB starts later in 2017
OMB Reform
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OMB Process
OMB Receives Appeal
Appeal is Reviewed and Proceeds to One or More
Processes
Mediation MotionPre-
HearingHearing
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• Appeal documents submitted to
OMB by municipality
• OMB file is public
• Hearing conducted by one or more
OMB members
• Court like procedure
OMB Hearing
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• Witnesses sworn or affirmed to tell the truth
• Presentation of cases usually led by lawyers for parties
• Evidence by expert witnesses
• Planning, urban design, transportation, environment, other disciplines
OMB Hearing
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• Residents and public heard as a party or
participant
• Party may call witnesses and cross-
examine other witnesses
• Decision based on evidence heard at
hearing
• Planning evidence is critical to the merits
of the case and the Board’s decision
OMB Hearing
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• Does proposal conform to planning
policies?
• Does it represent good planning?
• E.g., compatible, cost efficient,
compact form, preserves natural
features, wise resource management
• Design can influence the decision
• Evaluates design based on urban
design factors and adverse impact
Considerations in OMB Decision
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• Province sets planning framework
• Municipalities plan based on local policies
and expectations
• Application based approval process
• Planning approvals
• Planning policies and objectives
• Pre-consultation & context
• Complete application
• Public participation
• Appeals
• Planning approvals are applicable law
Summary
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• Do your homework
• Follow the rules
• Be a team player
• Know when you need help
• Consult and engage the public
• Be a good neighbour
• Aim for excellence
In Closing...
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Questions