On April 3, the Ontario Municipal Board (OMB), the quasi-judicial body that handles development proposal appeals became the Local Planning Appeal Tribunal (LPAT).

One of the most important changes is the introduction of a legal test the tribunal will now use to decide whether a development proposal can proceed. The LPAT will answer a simple "yes or no" legal test — ie. does the proposal follow the city's official planning rules? If not, the matter will be sent back to municipal councils to issue another decision. The tribunal will not make planning decisions itself, but under the LPAT's new guideline, community development decisions will better reflect the desires of the people within a respective community.

Before, due to lacking supports for citizens, many voiced their concern regarding the costs of participation as the OMB regulatory body was limiting. Now, with the establishment of the Local Planning Appeal Support Centre both legal and planning help for citizens and community associations will become more accessible. 

The new tribunal will offer help to community associations trying to navigate the appeals process through the Local Planning Appeal Support Centre (LPASC). The center, with a budget of $1.5 million, will offer planning and legal assistance for those who wish to participate in matters before the tribunal.

More weight is also being given to local councils. All hearings will consider only the decision made by local councils. There will be more accountability, as there will be no appeal if the city council decision adheres to its own planning rules. Thus, City councils will bear more responsibility under this model.

Toronto and East York Community Council has voted to fight plans to build a 26-storey condominium across from the Gladstone Hotel on Queen Street West.

The community council voted April 8 to turn down the application for the development that would include 239 residential units, as well as retail and community uses on the first two levels. It would also include four-level underground parking at the 1181 Queen Street West address.

City planners recommended against approval of the development, which would require a zoning bylaw amendment due to its height. The staff report said the development would be out of character with the surrounding area.

Because the developer, Baywood Homes, has already taken the matter to the Ontario Municipal Board, the refusal turned into instruction to staff, to represent the refusal there.

[Davenport] Councillor Councillor Ana Balaio said the city had tried to negotiate.

“We don’t see this as a highrise site,” said Bailao. “There is a very different way of looking at this site from my view. We’re looking more at a midrise site across from the Gladstone that fits in with the Gladstone. It is quite a difference of opinion.”

That stretch of Queen Street West will be undergoing a planning study, at the behest of Bailao, Parkdale-High Park Councillor Gord Perks and Trinity-Spadina Councillor Mike Layton.

Story Originally Published in the Parkdale Villager
By: David Nickle