Mayor Meed Ward completes her third year in office as her supporters are demanding transparency, expressing disappointment, betrayal, and calling for her resignation.
There has been no shortage of controversy during the mayor’s time in office. However, the most recent decisions approving a 29-storey development on the Lakeshore and the approval of Regional Official Plan 48 (ROPA 48) allowing the relocation of the Downtown Urban Growth Centre, seems to have ignited renewed dissatisfaction with her leadership.
The announcement of the Ontario Land Tribunal’s (OLT) decision to approve a 29-storey development at the corner of Pearl St. and Lakeshore Rd. caught the attention of Mayor Meed Ward as she quickly posted her thoughts on social media, calling the decision “devastating” and “shocking” and vowed that council was committed to having the OLT decision reviewed. (Joint statement from Mayor and Ward 2 Councillor Lisa Kearns on the devastating and shocking decision by the Ontario Land Tribunal on 2069-2079 Lakeshore Rd. & 383-385 Pearl St. Development – Burlington Council is Committed to Getting Reviewed” Mayor Meed Ward – Oct. 28, 2021)
We now know the mayor’s comments were premature and more about political theatre than reality.
A month later, the city’s news release tells a different story and confirms the new Official Plan is not yet in force and the minister’s decision had not been made. Both facts were likely a factor for the OLT in their decision and council’s decision not to pursue an appeal.
“Burlington, Ont.— Nov. 30, 2021 — After significant discussion and consideration, including the impact of the Minister of Municipal Affairs’ Nov. 10, 2021 approval of Regional Official Plan 48, Burlington City Council has determined that it will not seek a review of, or appeal from, the Ontario Land Tribunal’s decision of October 27, 2021. Council is disappointed and continues to disagree with the Tribunal’s decision, however, Council has determined that the most effective course of action is to focus its time and resources on pushing forward with the approval of the City’s new Official Plan, which is currently under appeal at the Tribunal.”
Minister Clark’s approval of Regional Official Plan Amendment 48 (ROPA 48) has also been the subject of some political spin and misinformation.
If you listen to Burlington’s politicians and read their comments, you would think ROPA 48 is all about relocating the Burlington downtown Urban Growth Centre (UGC). However, ROPA 48 is an approved change to the region’s Official Plan and that impacts all four municipalities, not just Burlington.
One of the eight changes the minister made to ROPA 48 stated: “Sections 80 to 80.2 continue to apply to applications for official plan amendments, zoning by-law amendments and draft plans of subdivision or condominium approvals made prior to the approval by the Minister of Municipal Affairs and Housing of Amendment 48 to this Plan if the lands that are the subject of the application were within an Urban Growth Centre prior to the Minister’s approval of Amendment 48.”
We do not know if or how many developments this may impact in Oakville, Milton or Halton Hills, however, Burlington has determined there are seven applications submitted prior to the minister’s decision. Five of the seven application have been appealed because city council failed to make a decision.
Much of the confusion regarding these seven applications may be the result of the mayor referring to them as being “grandfathered” as a result of Minister Clark’s approval of ROPA 48.
All planning applications that are submitted to any municipality in Ontario are reviewed under the planning policies that existed at the time the application was submitted. As we have written previously, this is often referred to as “the Clergy Principle.” There are a few exceptions to this principle, provincial policy changes being one.
In the case of ROPA 48, and more specifically, the relocation of Burlington’s downtown UGC, Minister Clark has acknowledged the professional opinions of Halton’s Director, Planning Services and Chief Planning Official, Curt Benson, and Executive Director, Community Planning Regulation and Mobility at the City of Burlington, Heather MacDonald, that approval of ROPA 48 is not a change to provincial policy. Therefore, all applications submitted prior to the approval of ROPA 48 would be reviewed under the planning policy framework that existed at the time the application was submitted.
Whether applications are considered using “the Clergy Principle” or, as the mayor says, “grandfathered,” the policies in place at the time the application was submitted would apply. It appears all the minister has done is provide some clarity for applications moving forward.
2022 is a municipal election year, so no one should expect the mayor and council will make any controversial decisions or approve any developments prior to the election. However, they still need to process applications and, if necessary, provide a solid case at appeal hearings.
There is no certainty as to when the city’s new Official Plan will be approved and in force or even what the final version will say. Until then, Burlington only has the existing and outdated Official Plan that has proven indefensible when challenged.
Councillor Kearns has provided some good advice: “At this time, the best path forward for our community is focusing on having our new Official Plan in place.” Is anyone listening?
