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April 28, 2011

The following post is courtesy of Marc P. Kemerer and Tammy A. Evans, who are both partners at the Toronto-based law firm, Blaney McMurtry. They are co-editors of a monthly bulletin, Blaneys on Building, which focuses on the legal aspects of the development industry.

City of Toronto News

The 24 March 2011 meeting of the City of Toronto Planning and Growth Management Committee was a big one. At that meeting the Committee voted unanimously to repeal the City’s new comprehensive zoning by-law 1156-2010, which is subject to approximately 700 Ontario Municipal Board appeals, and to request that a new City-wide zoning by-law be brought forward to that Committee by January 2012 (Item PG2.5). This recommendation went to Toronto City Council on 12 April 2011 where Council voted to send the matter back to Committee for a special Committee meeting to be held on 10 May 2011. This by-law may be history.

At its meeting of 27 April 2011 that Committee considered a report by the City’s Chief Planner regarding the Mandatory Purchase of Metropasses for New Condominium Buildings policy. The Committee recommended that this controversial policy be rescinded, a recommendation that will go to City Council on 17 May 2011 for a final decision. That policy may also be history.

Finally, the Committee has requested that the Chief Planner bring forward a report as soon as possible on a zoning by-law amendment (to what by-law?) to require that potential habitable attic space be included in any gross floor calculations.

Growth Plan Updates

On 4 March 2011 the Province of Ontario released the Growth Plan for Northern Ontario, 2011. It is long on rhetoric and promises to create “a highly productive region, with a diverse, globally competitive economy that offers a range of career opportunities. This is to be largely accomplished through a provincial focus on economic development strategies. Local municipalities are “encouraged” to do their part by preparing long-term community strategies and to amend their official plans in accordance with such strategies.

Given the outcry over the approach of the Province to directing growth in the Simcoe Sub-Area through the proposed Amendment 1 to the Growth Plan, the Province has appointed a Facilitator to work with those area municipalities to (1) review the allocation of the population and employment forecasts (2) identify how to manage the oversupply of land and implement the Amendment 1 policies (which may deal with concerns over the impacts on existing development permissions), and (3) develop alternative intensification and density targets for designated Greenfield areas. The Facilitator is to report back with recommendations to the Province by 1 November 2011 (after the Provincial election in October).

Thanks to Marc and Tammy for the update! For more, check out the April edition of Blaney on Building.

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