Amendments to Provincial Regulation 246/01, Development Permits established under Section 70.2 of the Planning Act
Regulation - LGIC
Bill or Act:
Summary of Decision:
The new Regulation enables all Ontario municipalities to use the DPS, and among other changes:
-enables the application of a range of conditions of approval, subject to prescribed limitations in the Regulation, and contingent upon policies being articulated in the municipal official plan and the conditions being specified in the development permit by-law
-allows for conditions to be imposed both prior to the issuance of a development permit, as well as be attached to a development permit
-allows for municipalities to enter into agreements with landowners to secure the fulfillment of any of the above conditions. These agreements could be registered on title to the land, so that they would be applicable to any and all subsequent owners of the land.
-enables municipalities to use enhanced complete application requirements to require additional information to be submitted with applications contingent upon the requirements being specified in the municipal Official Plan establishing the use of the DPS.
-enables municipalities to exempt classes of development or uses of land from the information requirements that must be provided with a development permit application.
-enables municipalities to regulate the external design details of buildings subject to policies being articulated in the municipal official plan and the conditions being specified in the development permit by-law.
-enables municipalities to delegate authority to approve or refuse a development permit application to a committee established by council, as well as to a municipal employee, subject to that delegation being articulated in the municipal official plan and development permit by-law.
-clarifies that existing site plan agreements continue to apply and that any amendments to these agreements would be by way of a new agreement under the DPS.
July 4, 2006
Summary of Proposal:
The Development Permit System (DPS) is a land use regulation system that combines zoning, site plan and minor variance approvals into one process. The system provides greater flexibility to address local contexts, increased environmental protection, and an expedited application approval process. A series of amendments have been proposed to address technical and substantive issues with the Development Permit regulation and to make the regulation reflective of the proposed reforms to the land use planning system. The amendments would serve to clarify the intent of the regulation, make it more functional and broaden the ability for use of the system.
Proposed amendments include:
-Enabling province wide application of the DPS.
-Enabling municipalities to expand the scope of conditions beyond the Planning Act sections 40 (parking requirements), 41 (site plan), and 42 (parkland dedication), to allow a broader scope of conditions, subject to the conditions being reasonable for the appropriate use of the land.
-Enabling municipalities to use section 37 of the Planning Act (bonusing) within the DPS, if their Official Plan policies quantify the exchange of public benefits / services that the municipality may request in exchange for specified increases in height and density. In addition, the municipal Development Permit By-law would be required to identify the specific locations where these provisions would apply.
-Enable municipalities to use enhanced complete application requirements to attain additional information to be submitted with applications contingent upon the requirements being specified in the municipal Official Plan.
-Enable municipalities to regulate the external design details of buildings subject to policies being articulated in the municipal Official Plan and the conditions being specified in the municipal Development Permit By-law.
-Technical amendments to facilitate the use and implementation of the system
Manager - Legislation and Research Section
Provincial Planning Policy Branch
777 Bay St
Toronto ON M5G2E5
Telephone: (416) 585-6014 Fax: (416) 585-4245
January 1, 2007