Re- OMB

Nic Robinson | Feb 22, 2017

Just read your piece about the OMB hearing and have some comments from my own experience.

When the OMB heard appeals on the 2002 Official Plan and, a year later, similar appeals on the Zoning by-law, it was clear that the Township had not done any “rigorous” study (the Board’s word) but a just a cut and paste of some other Township’s by-laws. The Planner’s evidence was that the increase in lot size and frontage was to protect the lakes in the northern two-thirds of the Township. It has never been clear why the minimum lot size for non-waterfront lots was doubled and there has been no study done in the intervening years even though the OMB “urged” the Township to do one.

So we have unsupported administrative decisions being applied to private individuals’ property and Council endorsing whatever is put in front of them. The Township enforced the Official Plan’s lot requirements and passed the Zoning by-law (to implement the OP) before the Board had made its Decision on the appeals, i.e., before the final form of the OP could be known. The OP is not law but “a statement of intentions” to quote one of many judges who have had to sort this out. The ZBL is the applicable law but, judging from the behaviour of local ‘Planners’, they are no more aware (or caring) about that than they are about legal non-conforming uses. Planners seem to believe that the legal rights can be ignored if the incantation: “good planning” is uttered!

The pity of it is that the lakes aren’t getting protected as there doesn’t seem to be any Township collaboration in addressing agricultural run-off or septic sewage system inspection. Council asked the Minister (Municipal Affairs & Housing) to delegate land use regulation to them, they don’t have to do it let alone do it badly. The ‘Planner’ is an administrative employee not a statutory official (like the Chief Building Official) which Council must appoint. You’ll know that all the other Townships have accepted the County’s offer of free planning administration which leaves us with not only employee costs, unmet responsibilities and the costs of frequent OMB hearings which raises an “access to justice” issue. You’ll have noticed that not many people have the money to appeal while we underwrite the Township!

No wonder we have only 39% of people voting..

Thanks for the good work & good luck!