An appeal by three Ward 1 concerned citizens: Burlington Needs Clarity on Planning Applications.

opinionred 100x100By Jim Young, Greg Woodruff and Tom Muir.

January 25th, 2019

BURLINGTON, ON

 

Gazette readers will be aware that Burlington’s New Official Plan (New OP) was rejected by Halton Region as non-conforming in four specific areas.

Quote: “The new Official Plan was adopted by City Council on April 26, 2018, and was sent to the Region of Halton on May 11, 2018 for approval…….. The Region ………… is legislatively required to ensure that Burlington’s Official Plan conforms with the Regional Official Plan …. On December 4, 2018, the Region issued a statement of opinion that the new Official Plan does not conform to the Regional Official Plan in regard to the following:”

1. Proposed employment conversions and permitted uses within the employment areas and lands.
2. Identification of and permitted uses in agricultural lands.
3. Identification of and permitted uses with the Natural Heritage System;
4. Transportation matters including road classifications.

The New OP was also overwhelmingly rejected by voters in October’s municipal election in an almost wholesale change in the city’s seven person council, most of whom ran on promises to revise that New OP upon its return from the region.

We are three concerned Ward 1 citizens who believe council needs to act to clarify the status of the New OP and the supremacy of the Existing Official Plan (Existing OP).

The Region’s rejection of the New OP renders it null and void and, under the Planning Act, leaves the Existing OP “in Force and Effect” at present. Yet recent applications by developers for zoning or bylaw amendments to the City’s Official Plan appear to be receiving consideration under some kind of blending of both plans. This lack of clarity works very much in the developers favour.

Developers are submitting applications which, while paying lip service to the Existing OP to keep them compliant, incorporate features of the New OP in an attempt to cash in on its more liberal permitted heights.

Amica development rendering

Amica development proposed for North Shore Blvd across the Road from the OPP Station.

There are many such applications in the works but one good example of this practice is the Proposed Development at 1157-1171 North Shore Bvd.

The developer wants 17 stories (62.5) metres in an area where the Existing OP designates 11 Storey (Max 22 metres). Regardless of the merits or otherwise of the development, the process by which it is being pursued by both developer and city staff is not only inappropriate, it is contrary to all the reasons citizens elected a new city council and creates very dangerous precedents no matter what revision of the OP eventually reaches the books.

At the mandatory public meeting held jointly by the developer and city planners on January 9th, these deviations from the Existing OP; the misapplication of the New OP and many other issues were raised by citizens.

Our concerns about the legitimacy of the process were completely ignored by city planning staff whose duty, we believe should be to defend the wishes of Citizens, City Council and Halton Region, all of whom have rejected the New OP and pending a rewrite of that plan following its overwhelming rejection by voters in the October election.

It appears that city planners have taken one of two possible positions:

1. Pending approval of the New OP, any applications received are subject to the existing in force and in effect Official Plan; however, consideration is being given to the Council adopted New Official Plan.

2. When challenged on the propriety of that position City Staff seem to fall back on the technicality that the New OP is the “last position taken by Council on April 26, 2018” so is deemed by them to have weight in consideration of amendment applications.

We believe staff are adopting these positions contrary to the Municipal Planning Act and the wishes of City Council. We dispute both of these positions as erroneous. You cannot have two plans in play at the same time.

The New OP is, to all intents and purposes, null and void.

If that needs to be clarified to city staff, then we urgently request that council convene to provide direction to staff, as is their prerogative, to the effect that: “The Old Official Plan remains in force and in effect as mandated by The Planning Act, and is therefore the only pertinent consideration for amendment applications until such times as A Revised Official Plan is drawn up, adopted by city council and approved by regional council.”

Jim Young

Jim Young

Greg Woodruff

Greg Woodruff

Muir with pen in hand

Tom Muir

Related news story:

The event that brought resulted in three residents appealing to city council for clarification.

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4 comments to An appeal by three Ward 1 concerned citizens: Burlington Needs Clarity on Planning Applications.

  • Joe Gaetan

    The ADI 374 Martha St final decision was very instructive in terms of what went wrong, what balls were dropped and what must be fixed and we shouldn’t put all of our eggs in the OP basket. The 2069 Lakeshore Road development will end up the same way if we fail to learn from our past foibles.

  • Steve

    Is the new team at city hall going to be just an extension of the last team recently booted out? Time to get rid of city planners who don’t care what the voters what. The dog wagging the tail has been a big problem, in the past. Hopefully the new city council understands this.

  • Stephen White

    If the OP isn’t formally approved then it isn’t the Official Plan. If Planning officials can’t wrap their heads around that reality then frankly, they need to be reprimanded. And if they can’t tow the line then they need to be disciplined and, if necessary, fired.

    It’s time the tail stopped wagging the dog!

  • Thank you Jim, Tom and Greg for seeking clarity on this. It appears the City does not accept the fact that the new Official Plan is not “official”.