Policy

Land Use Compatibility Guideline

Regulation Number(s):
n/a
Instrument Type:
Policy
Bill or Act:
n/a
Summary of Proposal:
We are proposing a new land use compatibility guideline as an update to a number of existing D-series guidelines for municipalities to use when making land use planning decisions.

We are following through on our Made-in-Ontario Environment Plan commitment to update ministry guidelines to help municipalities avoid the impacts of conflicting land uses. The proposed guideline will help ensure certain land uses can co-exist and thrive for the long-term within a community, including
major industrial facilities and more sensitive residential land uses.
It will help to prevent impacts from noise, dust, odour and other potential sources of adverse effects to sensitive land uses from industries which threaten their ability to operate, and would clarify when compatibility studies related to the assessment of potential noise, odour, dust and other impacts are needed.

Land use planning decisions that address land use compatibility would reduce minor noise, odour and dust incidents requiring ministry attention, allowing the ministry to focus its resources on higher-risk incidents. In the long-term, it would help support jobs across the province by providing industrial facilities with more certainty for long-term, uninterrupted operations.

The objectives of land use compatibility planning in the context of this Guideline are to:

• protect employment areas (including industrial employment areas) designated for future major facilities from incompatible uses and encroachment by sensitive land uses
• protect existing or planned major facilities from potential impacts from new sensitive land uses
• prevent adverse effects to existing or planned sensitive land uses from new and/or expanding major facilities

The Guideline would be applied when an approval under the Planning Act is needed where the decision to be made by the planning authority raises one of the following circumstances:

• a new or expanding sensitive land use (e.g. a residential subdivision or condominium) is proposed near an existing or planned major facility
• a new or expanding major facility is proposed near an existing or planned sensitive land use

The primary goal of this proposed Guideline is to reduce land use compatibility issues resulting from new development proposals under the Planning Act that involve sensitive land uses in proximity to major facilities.

The Guideline should also assist with reducing the encroachment of sensitive land uses on existing major facilities.
Analysis of Regulatory Impact:
While the average annual compliance costs is not known at this time, it is anticipated that added administrative costs to prepare compatibility studies in the expanded areas of influence (AOIs) and minimum separation distances (MSDs) would be offset by cost savings to address land use compatibility complaints related to noise, dust and odour, to address incomplete or insufficient compatibility studies submitted with planning applications, and in reducing duplication of technical studies required for multiple approvals, where appropriate. As part of consultation, MECP is encouraging comments on the potential impact of the Guideline and the broadened AOIs.
Further Information:
Proposal Number:
21-MECP010
Posting Date:
May 4, 2021
Comments Due Date:
July 3, 2021