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Provincial changes to planning faces sharp criticism from county council

Some county councillors called proposed changes by the province an 'assault' on farmland
USED 092622PerthCounty
Perth County Courthouse

Perth County councillor and West Perty  Dean Trentowsky didn’t mince words about Bill 185, the Cutting Red Tape to Build More Homes Act, and further changes to land use planning that the Government of Ontario is proposing. 

“If we're the ones doing the work, are the ones that are dealing with the public, and if we're the ones that have to carry the load, then the province has to listen to us,” he said at Thursday’s county council meeting. “This assault on the municipalities and the assault on the farmland, it's gotta stop. The message needs to be delivered and it's our job to deliver it.”

Municipalities across the province are being asked to provide comment on Bill 185 and proposed changes to the provincial policy statement (PPS) as it relates to planning. 

Some of the proposed changes identified by county staff are:

  • The elimination of third-party appeal rights on Official Plan and zoning bylaw amendments,
  • New appeal rights for settlement area expansion requirements.
  • The removal of barriers for additional residential units.
  • The inclusion of “use it or lose it” tools to impose lapsing provisions for site plans and subdivision approvals.
  • The removal of fee refunds introduced through Bill 109.
  • The removal of the mandatory pre-consultation process on planning applications.
  • The proposal to exempt community service facilities, like schools, hospitals, and long term care facilities, as well as post-secondary institutions from planning requirements.
  • The proposal to permit up to two additional residential units in prime agricultural areas.

Andrea Hächler, manager of planning services with the county, prepared a report that identified a number of concerns. The first was a flawed timeline. 

The proposed changes were released on April 10, with the province asking municipalities to provide comments a month later, by May 12. Because of that short turnaround, and the need to provide staff’s comments to council before they are sent to the province, planning staff had little time for a fulsome review, Hächler’s report said. 

Additionally, “by allowing appeals on privately initiated proposals for settlement area expansions, there is concern that this will lead to increased speculation on agricultural land, inefficient use of land and uncoordinated and costly efforts to provide servicing and infrastructure.”

Municipalities can face “significant” challenges due to those changes. 

The draft provincial policy statement will allow up to two additional residential units, where residential dwellings are permitted, on a lot in prime agricultural areas. These units may be severed in accordance with specified criteria, according to the PPS. 

Again, staff are supportive of additional residential units, but the ability to sever the lots and create up to three lots per agricultural parcel is identified as a concern. 

“The implications of increased lot creation in agricultural areas could lead to significant agricultural land loss and impact normal practices of farming operations,” the report warns.

Council evidently agreed with staff. Alongside Trentowsky, Coun. Matt Duncan took issue with severance, saying that he has no problem with putting more houses on farm clusters, but that the ability to sever them is a concern. 

Coun. Todd Kasenberg felt uneasy about the eroding of planning measures. 

“These are things that need to be done with care,” Kasenberg said. “For the province to open that can of worms up and allow for, frankly, willy-nilly development does not feel right to me.”

Coun. Jim Aitcheson further agreed with Trentowsky, saying that there has been an assault on farmland.  

“Yeah there’s been an assault on farmland. That assault on farmland is to build homes for people in urban areas.”

Aitcheson went on to point at the production of highway 413, which took hundreds of acres of farmland out of production to build, even with highway 407 being so close by. 

“But that’s a toll road so people don’t like to use it,” Aitcheson said. “They seem to be able to still cater to the urban centres, but the lower rural areas are getting kind of kicked in the ear.”

County staff absorbed council’s discussion on Bill 185 and the changes to the PPS, including a suggestion made by Kasenberg to relay that the pre-consultation process in planning works, and will be providing that feedback to the province. 

Additionally, staff will be recommending the removal of the severance stipulation from the draft PPS.