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Deadline for KED decision unclear: LPAT

While decision was supposed to be made within a year, timeline still on hold, province confirms
KingswayEntertainmentDistrict
(Supplied)

When the outgoing Liberal government brought in a new planning appeals regime in 2018, the new system was supposed to give local councils more deference, and a legislated timeline for decisions.

The Local Planning Appeals Tribunal was designed to render rulings in less than a year for most cases, unlike the Ontario Municipal Board, which routinely took years to settle disputes.

"Under the new rules, a decision by a council can only be considered to be appealed if it doesn't conform or isn't consistent with their current Official Plan," said

Mark Cripps, a spokesperson for the Ministry of Municipal Affairs, in a December 2017 interview describing the goals of the LPAT. "Before, an unelected OMB could overrule municipal decisions. Now the system will give more weight, more deference to local decisions.

"If the municipality makes a decision, and that decision is completely consistent and conforms to its Official Plan, then someone can appeal it and the local planning appeal tribunal will just look at the decision and say, this conforms, so there's no appeal."  

Greater Sudbury's Kingsway Entertainment District was one of the first cases to go through the appeal process, with the appeals formally received May 21, 2018.

An initial deadline for a decision was set for June 2019.

After an initial case management conference last November, however, the clock was stopped on the process as the tribunal awaited a higher court ruling on whether its rules were constitutional. That ruling in favour of the LPAT came in May 2019, and a second case management conference for the KED was scheduled for August.

In the meantime, however, a new government was elected, and Doug Ford's Conservatives opted to change the planning rules again, passing legislation known as the More Homes, More Choice Act. 

So which rules will the KED appeal be following? And what is the deadline for a decision, considering the tribunal set a May 2020 date for a hearing – two years after the appeals were filed?

Kelli Sheppard, a spokesperson with Greater Sudbury, said in an email the LPAT has not updated them with a new deadline for the process.

“While we don't have the exact legislated date for a decision on the appeals, the city is pleased that a hearing date has been set and that the matter is moving forward,” Sheppard said.

And Silvia Cheng, a spokesperson with the Ministry of the Attorney General, said in an email this week a deadline for a decision has not been determined.

“I can confirm that the timeline for this appeal is currently postponed while the adjudicator prepares the decision relating to the most recent case management conference,” Cheng said. 

While the transition regulations – the rules governing how cases will transition from the LPAT rules to the new legislation – have said cases like Sudbury will proceed under the LPAT, Cheng said that has yet to be determined.

“LPAT is currently undertaking a review of all files to determine which matters are subject to the transition regulations under the More Homes, More Choices Act,” Cheng said. 

“As such, the matter you have inquired about is undergoing review. Once the review has concluded, parties to the matter will be informed of its determination.”


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