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Planning Reform
Provincial Policy Statement: Draft Policies
Consultation Discussion Paper #2
Valley Voices Residents Association
Carol Hanley
3316 Shelter Valley Road Rd, RR #1
Grafton, ON K0K 2G0
Tel: 905-344-5947
Fax: 905-344-5947
Email: chanley@eagle.ca
Question #1
Do the draft policies provide sufficient direction to effectively protect provincial interests in land-use planning?
Valley Voices Residents Association (“VVRA”) is a not-for-profit corporation formed to respond to an application for a quarry licence under the Aggregate Resources Act.
VVRA compared the existing Policy Statements with the draft Policy Statements and also examined Bill 26 which will strengthen the role of Provincial Policy Statements. VVRA endorses this proposed change to the Planning Act.
With respect to the Policy Statements, although most protect provincial interests, VVRA is most concerned about Policy 2.5 Mineral Aggregates. This Policy fails to address a balancing of the removal of aggregates and environmental impacts. Policy 2.5.2.1 takes away the necessity of demonstration by a quarry licence applicant of the need for the resource. This is an important change which makes it easier to get a licence to extract. Although the Policy has been amended in 2.5.2.2, it is our submission that there should be a demonstration of need for the resource by the proponent for the extraction licence in addition to proving that the extraction will not impact adversely on the social and environmental fabric of the community. Policy 2.5 cannot trump all other Provincial Policies which it appears to do with these changes. Extraction of Aggregates as of right means takes away residential property rights. The Policy erodes a residential property owner’s rights to quiet enjoyment of his land. This is not a satisfactory result and we would urge a review and change to the Policy. VVRA appreciates the strong lobby of the Aggregate Producers but now is the time to allow for a balance between the right to take and the right of the property owner.
In our opinion, Policy 2.5.2.4 does not assist nor do the Policies in 2.4.3.1 (rehabilitation). They are all in favour of Aggregate resources extractors. There are areas of the Province where rehabilitation is impossible because of topography.
VVRA strongly supports the Water Policy in 2.2 which provides for specific protection and improvement in restoration of surface and ground water features. This Policy does not address aggregate extraction in proximity to a watershed. How is this to be addressed? In our submission, water is the most important resource and should trump all other Policies including Aggregates and there should be better development of the interaction of these policies.
Question #2
Do the draft policies achieve the right balance among different policy interests (such as building strong communities, protecting the environment and resources, and supporting a strong economy)?
For the reasons indicated in Question #1, there is no balance between Aggregate Resources Policies and the Water Policies. This should be carefully reviewed.
Question #3
Are there emerging or additional planning matters that require provincial policy direction which are not included or which you believe are not adequately addressed?
No comment
Question #4
Do you have any other comments or question regarding the draft PPS policies?
The proposed rural Policies are an improvement over the existing Policies. Rural municipalities lack the sophistication to deal with these issues and the Polices would appear to address many of the concerns on Provincial Policy issues and would assist the less sophisticated rural municipalities.
Planning Reform
Valley Voices Residents Association
Carol Hanley
3316 Shelter Valley Road Rd, RR #1
Grafton, ON K0K 2G0
Tel: 905-344-5947
Fax: 905-344-5947
Email: chanley@eagle.ca
Question #1
Are there other reforms of the Ontario Municipal Board that you believe should be considered?
Valley Voices Residents Association (“VVRA”) is a not-for-profit corporation formed to respond to an application for a quarry licence under the Aggregate Resources Act.
Valley Voices Residents Association (“VVRA”) would like to comment on the role of the Ontario Municipal Board. VVRA is of the opinion that the Ontario Municipal Board should continue to conduct de novo hearings looking at the full merits of the planning matters. In many rural municipalities the council lacks sophistication, staff and money to retain experts to provide planning advice. The Ontario Municipal Board must continue to conduct hearings de novo if there is to be proper planning in many rural municipalities.
As residents of a small municipality we know that the local Council cannot deal with many planning matters considered routine in larger sophisticated municipalities. Notwithstanding the position taken by AMO, the Ontario Municipal Board should be available in its current role to hear appeals resulting from municipal council decisions or no decisions. The Ontario Municipal Board has the expertise and provides a fair hearing in accordance with the law. Many municipal councils do not know or understand how to conduct a “fair” hearing and give all parties an opportunity to be heard. If the Ontario Municipal Board cannot hear matters de novo the Courts will be more involved in the planning process. Furthermore, the Ontario Municipal Board cannot be influenced by lobbying and other forms of inducement. The Ontario Municipal Board must remain the final planning arbitrator especially on matters such as rezoning and official plan changes.
Question #2
Do you have any additional comments or questions?
None
