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A troubling loss over an OMB decision
18 October 2010
A recent court decision against the City of Brampton shows how the OMB - an appointed body not accountable to voters or taxpayers - has more authority over local planning issues than duly elected representatives. The decision will allow developers to ignore official plans and sustainable growth initiative and build what they please where they please.
Here's a situation where a council twice unanimously determined a proposed subdivision was out of character with the community, but the OMB sided with the developers to let it go ahead.
From the Municipal Information Network comes this troubling news item that will send shockwaves through muncipalities all over Ontario:
That decision sets local planning initiatives back decades, and is a kick in the teeth to the province's own policies for growth and planning. It is also a serious blow against democracy when an appointed body can overturn unanimous decisions made by elected representatives.
Here's a situation where a council twice unanimously determined a proposed subdivision was out of character with the community, but the OMB sided with the developers to let it go ahead.
From the Municipal Information Network comes this troubling news item that will send shockwaves through muncipalities all over Ontario:
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Court Dismisses Brampton Council Appeal of OMB Decision
Brampton, October 18, 2010 - On October 14, the Honourable Mr. Justice Lemon of the Ontario Superior Court of Justice (Divisional Court) dismissed the City of Brampton's request for permission to appeal the Ontario Municipal Board (OMB) decision regarding the proposed development application at the northwest corner of Sandalwood Parkway and Conestoga Drive.
With this dismissal, the City has no further avenue of appeal, and the OMB decision to approve the proposal stands. This will allow for the construction of 834 units in six high-rise residential buildings of up to 20 storeys each on the site.
The City had twice unanimously refused the proposed development, on grounds that it was too large and inconsistent with the neighbouring community, would not conform to the Provincial Growth Plan, would result in increased traffic volumes and the need for infrastructure improvements, and did not provide the required available parkland.
Following the OMB's April 14, 2010 decision to allow the proposed development to go forward with minor amendments, the City applied for a leave to appeal the decision with the Ontario Divisional Court. This involved the application being heard by a single judge who would determine if it had merit, based on a question of law, to warrant the application proceeding to the Divisional Court. The City's application for leave to appeal was heard by Justice Lemon on July 14, 2010, who released the decision on October 14.
In addition to the appeal, the City also asked that the OMB review its decision under Section 43 of the Ontario Municipal Board Act, which provides for a review of the request by the Chair of the OMB, who would then determine if a rehearing was warranted. The OMB denied the City's request for review, and deferred any review to the Divisional Court.
"We are very disappointed with today's (October 14) decision. Council never supported this application; it is contrary to the City's growth management policies and not suitable for the surrounding community," says Brampton Mayor Susan Fennell. "Incorporating the advice and input from the community, Council put forward the best argument possible to defend our decision."
"Common sense did not prevail today," adds Paul Palleschi, Regional Councillor for Wards 2 and 6, and Vice-Chair, Planning, Design and Development Committee. "This is an absolutely devastating decision for our residents of Heart Lake and the surrounding community."
The Mayor, on behalf of Council and all Bramptonians, will continue to advocate to the Premier and Members of Cabinet, as well as to the Association of Municipalities of Ontario, that changes to legislation be implemented to prohibit the OMB from considering, commenting or overturning a unanimous decision of democratically elected municipal representatives.
Brampton, October 18, 2010 - On October 14, the Honourable Mr. Justice Lemon of the Ontario Superior Court of Justice (Divisional Court) dismissed the City of Brampton's request for permission to appeal the Ontario Municipal Board (OMB) decision regarding the proposed development application at the northwest corner of Sandalwood Parkway and Conestoga Drive.
With this dismissal, the City has no further avenue of appeal, and the OMB decision to approve the proposal stands. This will allow for the construction of 834 units in six high-rise residential buildings of up to 20 storeys each on the site.
The City had twice unanimously refused the proposed development, on grounds that it was too large and inconsistent with the neighbouring community, would not conform to the Provincial Growth Plan, would result in increased traffic volumes and the need for infrastructure improvements, and did not provide the required available parkland.
Following the OMB's April 14, 2010 decision to allow the proposed development to go forward with minor amendments, the City applied for a leave to appeal the decision with the Ontario Divisional Court. This involved the application being heard by a single judge who would determine if it had merit, based on a question of law, to warrant the application proceeding to the Divisional Court. The City's application for leave to appeal was heard by Justice Lemon on July 14, 2010, who released the decision on October 14.
In addition to the appeal, the City also asked that the OMB review its decision under Section 43 of the Ontario Municipal Board Act, which provides for a review of the request by the Chair of the OMB, who would then determine if a rehearing was warranted. The OMB denied the City's request for review, and deferred any review to the Divisional Court.
"We are very disappointed with today's (October 14) decision. Council never supported this application; it is contrary to the City's growth management policies and not suitable for the surrounding community," says Brampton Mayor Susan Fennell. "Incorporating the advice and input from the community, Council put forward the best argument possible to defend our decision."
"Common sense did not prevail today," adds Paul Palleschi, Regional Councillor for Wards 2 and 6, and Vice-Chair, Planning, Design and Development Committee. "This is an absolutely devastating decision for our residents of Heart Lake and the surrounding community."
The Mayor, on behalf of Council and all Bramptonians, will continue to advocate to the Premier and Members of Cabinet, as well as to the Association of Municipalities of Ontario, that changes to legislation be implemented to prohibit the OMB from considering, commenting or overturning a unanimous decision of democratically elected municipal representatives.
That decision sets local planning initiatives back decades, and is a kick in the teeth to the province's own policies for growth and planning. It is also a serious blow against democracy when an appointed body can overturn unanimous decisions made by elected representatives.
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Environmental, social and economic considerations
Provincial and municipal interests
Rights of the individual citizens
The best interests of the community as a whole.
The Board also considers the relevant law, provincial policies, municipal decisions and the principles of good planning in coming to a decision.
Certainly the judge is required to demonstrate how his/her decision is appropriate based on these stated objectives?!