Scrap or improve?
The province wants to hear what the average citizen thinks of its Ontario Municipal Board (OMB). The existence of a non-elected body that can overturn local planning decisions is unique to Ontario. Does the OMB protect or interfere with good local planning? Should it be scrapped or improved?
No equal voice
Planning the look, feel and functionality of a local community should involve a wide range of stakeholders: residents, municipal agencies and landowner developers. For average citizens, the OMB’s current “court-like” structure is intimidating and does not allow for a level playing field. Developers and municipalities have the financial resources, staff, legal teams and time to participate fully, but local neighbours – the ones who are going to live with the results – do not. Currently, to have an equal voice, average citizens have to find the money to hire “expert witnesses”. Often residents’ concern with the file is not just with the developer’s proposal, but with the responses taken by municipal staff. Because it is a litigation process, local elected officials are advised by their lawyers to no longer talk directly with their constituents about the development. Local residents become junior stakeholders, with their concerns and voices quickly quieted.
Alternative Dispute Resolution?
One way to improve the current OMB procedures might be to initially require a form of Alternative Dispute Resolution: negotiation, mediation, arbitration, co-operative planning that directly involves all stakeholders on an equal footing. These ADR options could give citizens an equal voice at the table and reduce costs to the municipality.
Glen Williams Litigation
Currently Glen Williams has two cases under litigation at the OMB. Checkout http://elto.gov.on.ca/omb/e-status/
Eden Oak Creditview Heights – Case PL150128
Developer for this Rail Trail subdivision proposal is challenging the Town for not meeting the 120 day response requirement. Hearings Feb. 27 – Mar. 10, 2017.
Halton ROPA 45 & Halton Hills OPA 16 – Cases PL150969 / PL130425
Owner of the old gravel pit at 12519 Eighth Line is challenging a property zoning re-designation by Halton Region and Halton Hills.
Protection for Ontario communities
Ontario communities deserve the protection of good planning. Glen residents want an equal voice in preserving the character of their hamlet. Could a reformed OMB help?
The Ontario government is reviewing and analyzing the feedback that they have received (the cut-off date was December 19th). They expect to move forward on possible changes in spring 2017.
