Proposed Planning Act Changes
We are going to see some changes in the Ontario Planning Act by the end of the year. Bill 109, the More Homes for Everyone Act, 2022 was introduced on March 30, 2022 and received Royal Assent on April 14, 2022. Schedule 5 of Bill 109 made changes to the Planning Act related to zoning, site plan, plans of subdivision, official plans and official plan amendments among other changes that will impact the planning process for new developments.
The proposed amendments, among other matters, would extend site plan application review from 30 to 60 days. It also requires the establishment of a regulation-making authority to prescribe complete application requirements for site plan applications.
Typically, site plan approval is a time-consuming process, requiring numerous iterations and involving many municipal departments in decision-making on a given application. In recent years, I have worked on some applications that lasted several months. Applications take time due to constraints of the site conditions, and the need to maximize the sellable portion of a project. There is a significant pressure on the consultant to come up with solutions that address both developers’ and authorities’ concerns.
With the proposed extension of the review time, we can expect that a decision would more likely be made on applications within the legislated timeline. On the other hand, planning authorities can make more thorough reviews within the new timeline; hence more comments and revisions may come the consultants’ way.
It is important for developers to receive proper consultation even before procurement of a property, to help ensure that their application will be processed in a timely manner and to avoid undue pressure to their resources. It is equally important to the consultants to properly study their proposals and understand the possible challenges of the kind before preparing their quotes.
Currently, each municipality has an exclusive set of requirements for site plan approvals. The majority of items are similar, but there are some differences. For example, while City of Waterloo has a well-specified set of requirements for shadow impact acceptance, my experience with Township of Grimsby revealed that such criteria were not well-established there, despite there being a requirement from the municipality for providing the analysis. An authority that prescribes requirements in a uniform manner for all municipalities will save consultants’ time, as they won’t need to review and modify requirements for applications to different legislatures. This measure can also help developers to have clearer understanding about the process and be better prepared for it.
It is anticipated that proposed changes to the Planning Act will impact the present housing crisis, and development in general positively, and will consequently introduce new opportunities for developers and consultants. To be prepared for the changing dynamics of the market in the near future, please do not hesitate to contact us for advice early on in your project. We are happy to assist in light of the legislations that are soon coming into effect.
More information about the approved changes to the act can be found in the Ontario’s Regulatory Registry webpage.
