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Ontario Bar Association Institute 2015 The Development Permit System Katarzyna Sliwa Davies Howe Partners LLP

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Where municipality is not exempt Development Permit System, MMAH A Handbook for Municipal Implementation

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Ontario Regulation 608/06 Development Permits The Official Plan must: identify the area of a proposed DPS set out the scope of the authority that may be delegated and any limitations contain a statement of the municipalitys goals, objectives and policies for the DPS area set out the types of criteria that may be included in the DPS by-law set out the types of conditions that may be included in the DPS by- law

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Ontario Regulation 608/06 Development Permits The Official Plan may: set out information and materials that are required for a development permit application (in addition to that in Schedule 1) exempt any class of development or any use of land from any requirements under Schedule 1 contain policies for the provision of specified facilities, services and matters in exchange for a specified height or density of development

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5 Development Permit System, MMAH A Handbook for Municipal Implementation

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Ontario Regulation 608/06 Development Permits Development Permit by-law shall: contain a description of the area to which the by-law applies set out and define the permitted uses and set out minimum and maximum standards for development set out how notice is to be given provide that a development permit may be amended as described in the by-law provide that an agreement may be amended as described in the by-law set out the scope of the authority where it is delegated and any limitations on the delegation outline any conditions Council wishes to impose when making a decision

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Ontario Regulation 608/06 Development Permits Development Permit By-law may: prohibit any development or change of use of land unless a development permit is obtained set out and define classes of development exempt any class of development or use of land from the requirement for a development permit set out a list of classes of development or uses of land that may be permitted if the criteria set out in the official plan and by-law are met set out a range of possible variations from the standards that may be authorized in connection with issuing a development permit

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Framework Appeal to O.M.B. Approval = Permit Section 70.2 Planning Act Section 70.2 Planning Act O. Reg 608/06 DPS OPA Only applicant can appeal Planning Act section 17(24) Approval with Conditions * Can include requirements to enter into development agreements Approval with Conditions * Can include requirements to enter into development agreements Non-Decision after 45 days from time of filing complete application Non-Decision after 45 days from time of filing complete application DPS by-law under section 34 outlines standards & criteria Refusa l Planning Act section 34 (20 days)

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Toronto OPA 258 Goals a)implement the vision, principles and policies of the Official Plan; b)engage the community in the creation of the planned vision subject areas; c)establish a comprehensive planning framework that facilitates and shapes development appropriate for subject areas; and d)secure predictable outcomes by ensuring that all approved development is consistent with the planned vision and the comprehensive planning framework for subject areas.

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Cube Cities: Toronto Growth Animation 11 http://cubecities.blogspot.ca info@cubecities.com 1-800-261-1973