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This explanatory note is one of a series of notes which contains information about key changes involving planning legislation and regulations. The information is intended to provide an overview of the key changes. Users should always refer back to the legislation and regulations themselves when making decisions related to land use planning matters. |
Purpose
To enable all Ontario municipalities to use the Development Permit System (DPS).
Short Description
The DPS is a land use planning system that combines the zoning, site plan and minor variance processes into one application and approval process. The system promotes development by providing for faster timelines, eliminating potential duplication, incorporating flexibility for uses and development standards, and providing a “one-stop” planning service. It also provides more tools for increased environmental protection, and facilitates key priorities of Ontarians such as community building, brownfields redevelopment and the protection of water.
Ontario Regulation 608/06 replaces Ontario Regulation 246/01 which allowed the pilot testing of the new system in five Ontario municipalities.
Ontario Regulation 608/06 allows all municipalities to implement the DPS through adoption of an official plan amendment and development permit by-law. Ontario Regulation 608/06 also prescribes the minimum content for the official plan amendment and development permit by-law and using these minimum requirements, municipalities have the ability to design the DPS to suit their needs.
Legislative/Regulatory Changes
Ontario Regulation 608/06 incorporates many unique features which distinguish the DPS from other planning tools, including:
- One approval: Zoning, site plan, and minor variance are combined into one application and approval process.
- Faster Timelines: Applicants have a right of appeal after 45 days if council fails to make a decision on an application; this compares to 120 days for an application for re-zoning, for example.
- Flexibility in Uses: Like a zoning by-law, a development permit by-law must identify and define a list of permitted uses. But, a development permit by-law can also identify discretionary uses that may be permitted if specified criteria are met.
- Flexibility in Development Standards: A development permit by-law must identify minimum and maximum development standards. But, a development permit by-law may also establish a specified range of variation from these standards, avoiding the need for minor variances for applications that fall within the prescribed range of variation.
- Conditions of Approval: The DPS enables a broad range of conditions of approval to be applied to the issuance of a development permit, including conditions that must be fulfilled before a development permit is issued, as well as on-going conditions on a development permit. The use of conditions must meet the criteria prescribed in Ontario Regulation 608/06.
- Appeals: Third party appeals are focused at the front end of the system, when the vision for the community is established through the official plan amendment and development permit by-law.
- Complete Application: Municipalities can enhance “complete application” requirements to ensure that they have all the information they need to make the required decisions within the 45-day timeline; municipalities may also exempt classes of development or uses of land from any or all of these requirements.
- Delegation: Decisions on development permits can be delegated to either a municipal employee or to a committee appointed by council.
- Ability to Regulate Site Alteration and Removal of Vegetation: “Development” is defined in the DPS to include site alteration and the removal of vegetation, enabling municipalities to better regulate these two areas and to integrate their municipal site alteration and tree-cutting by-laws into the system.
Other tools under the Planning Act as amended by the Planning and Conservation Land Statute Law Amendment Act, 2006 (Bill 51) are also available, such as enhanced municipal authority to consider exterior design details of proposed buildings (such as architectural details, texture and window details).
For More Information
For more information and assistance, contact one of the Ministry of Municipal Affairs and Housing’s five Municipal Services Offices or visit the Ontario Regional Area Municipal Portal.