Week 3 - Tools of Planning - Regulation Flashcards
THE PLANNING ACT includes
Planning Act prescribes:
- Provincial interest in planning
- Roles and responsibilities
- Tools
- E.g. official plan
- Processes
-E.g. public consultation
The purpose of the planning act
- Promote sustainable economic development in
a healthy natural environment,
-Provincial interest - A fair planning process
- Municipal councils are the decision making
authority and are held accountable
WHAT IS THE
PROVINCE’S
ROLE
Issue provincial policy statements
- Prepare provincial plans e.g. Greenbelt Plan
- Promote provincial interests
- Give advice to municipalities and the public
- Administer local planning controls and give
approval where required
Most recent provincial intrest (dont know if this will be on exam)
Transit, Housing, Health & Long term care, other infrastructure. Bill 23
What is the role of the municipalities
- Make local planning decisions
-Prepare planning documents
e.g. official plan and zoning by-laws
-Ensure planning decisions and planning documents are consistent with the Provincial Policy Statement
Characteristic of the official plan pt 1, focus on? Direct l, design
Characteristics include
- Focus on physical
environment/resources
- Directs land use (and infrastructure)
- Influences design
- Linked to social and economic goals
- Long-range view (20-year horizon)
Charateristics of the official plan pt 2
Characteristics
- Comprehensive
- Based on analyses and consultation
- Is a policy, not a law
- No implementation power on its
own – implemented through
application
- Reviewed every five years
the official plan process
Studies
- Consultation
-Draft document
- Public meeting(s)
- Revision(s)
- Municipal adoption
- Approval authority –
approve/modify/defer
- Appeals
Summary of the plan
The planning act - goes into provincial policy statement - which leads to the official plan. Policy statement goes hand and hand with the official plan
What are zoning by-laws
By-laws passed by local municipalities which regulate
land use and establish provisions for the construction
of buildings and use of land
- minumum and maximum standards to what you can do on a property.
Zoning by-laws include things such as
Maps, Individual , Individual properties are placed in different categorized (zones)
Uses of land cannot be established except in
conformity with the ZBL if theres open pacel of land, you need to meet all the rules (pool) (park)
Zoning by laws also includes
States exactly what uses are permitted and prohibited
Establishes minimum standards (e.g. lot size, setbacks, parking) and maximum standards (e.g. lot coverage, density, height)
zoning by laws can be
-Enforceable
-Amendments can occur – public input and right to
appeal
-Variances can occur through the Committee of
Adjustment
Minor variences
Zoning provisions are precise and
firm with no leeway -
Minor variance process deals with
the need to have some flexibility -
Usually used to allow small changes
to the “numbers” in the by-law
EX shed can be adjusted by half a meter, fence, pool etc.
Minor varience tests & problems
Section 45 – four tests:
- Minor
- Appropriate
- Maintain intent of the by-law
- Maintain intent of the official plan
Problems
No definition of “minor”
Notice – public hearing – decision – appeal
Heard and decided by Committee of Adjustment (appointed citizens)