Local Planning Appeal Tribunal replacing the OMB

The province of Ontario just passed legislation that should give communities a stronger voice when it comes to development and the future of their neighbourhoods. The Build Better Communities and Conserving Watersheds Act, 2017, will replace the Ontario Municipal Board (OMB) with the Local Planning Appeal Tribunal (LPAT).

On the surface, LPAT is just the OMB with a new fancy name that doesn’t carry all the negative connotations. The OMB became known for supposedly acting in favour of developers most of the time, and the environment was unfair because most communities could not afford the legal representation that a developer could.

LPAT will act as an independent tribunal at arm’s length from the government with hopes of making the land-use planning appeal process faster, fairer, and more affordable.

“This legislation will help create a faster and more accessible process for appealing land-use planning decisions,” says Yasir Naqvi Attorney General of Ontario. “Giving people a stronger voice in the planning of their own communities will help ensure cities and towns reflect the best interests of the people living in them today, as well as future generations.”

There will be a Local Planning Appeal Support Centre where communities and developers can get information about the land-use planning appeal process, seek legal advice, and in some cases request legal representation.

This isn’t just about making communities feel like they have more of a say in their neighbourhood development – if the process is in fact quicker, then developers will benefit as well.

About a month ago, Benjamin Tal, Deputy Chief Economist at CIBC, released a report stating that a lack of land isn’t causing affordability issues in the housing market – it’s the pace at which land is being released for development.

Whenever a project went to the OMB, it prolonged the development process, and we all know time costs money. If project costs increase, then it reflects prices at launch. From 2015-2016, there were 1,460 cases at the OMB. Clearly, locals feel strongly about the development in their neighbourhoods and want an equal say.

“Our government is taking action to give residents and municipalities a greater say in how their communities develop,” says Bill Mauro, Minister of Municipal Affairs. “That’s why we introduced this legislation. These changes will help ensure that communities evolve and grow in ways that better reflect local concerns and priorities.”     

The legislation also modernizes the Conservation Authorities Act by clarifying the roles of conservation authorities and strengthening oversight and accountability.

This is paramount to guiding Ontario’s land-use planning appeals because 90% of the population live in a watershed managed by a conservation authority.

A launch date has not been announced, but we look forward to seeing the first few cases go to the LPAT to see if it actually is more efficient, more fair, and more affordable than the OMB.