Loading...
HomeMy WebLinkAboutThe Goderich Signal-Star, 1977-09-15, Page 4a tt PAGE 2--GODERICH SIGNAL -STAR, THURSDAY, SEPTEMBER 15, 1977 Comay Report like "exploding node" ublic viewpoint sought BY SHIRLEY J. KELLER Goderich Town Council has agreed ._,. it. . should be the responsibility of municipal councillors to take the lead in providing local comment concerning the Planning Act Review - more commonly known as the Comay Report. Forthis reason, the town administrator, Harold Walls, has been asked to set up a public meeting in the very near future so that the Comay Report can be examined and interested persons may have. an opportunity to send their opinions about it to the Ontario Ministry of Housing by the deadline date, October 15, 1977. The Comay Report was completely summarized in a special edition of Housing Ontario entitled Summary of the Report of the Planning, Act Review Committee. Anyone who would like a copy of this report may have one free of charge by writing to the Ministry of Housing, Communications Branch, 56 ,Wellesley St. W., 2nd Floor, Toronto, Ontario, M7A 2K4, The Comay Report is much too lengthy to be published in its entirety here. Huron County Planning Director Gary Davidson describes the Comay .Report as "an 'ex- ploding node". Davidson explains that while the basic philosophy of the Comay Report is to return. the planning responsibility to the people, the recom- mendations in the report, if implemented without amendment, would put the rural municipalities like Huron County in a worse position- than is presently the, case. Davidson also feels to adopt the proposals would be "exceedingly costly". According to Davidson, the Comay Report suggests doing , away with official plans; changing the responsibilities of the Ontario Board; and allowing a ministerial veto in the planning process. The report states : "The concept of official plans in the sense of municipal plans requiring, provincial approval should be abandoned. Municipal planning documents should be renamed municipal plans and municipal planning statements. There should he no mandatory prescribed content for municipal plans, but all municipal plans and planning statements should be required to establish the particular objectives being sought, the means to be used for achieving these ob- jectives, and the procedures to be used for periodic review and • for public information and consultation. "The OMB should serve an - an appeal body with respect to municipal planning decisions, and should not conduct hearings de novo. It should be responsible for hearing the grievances of parties affected by mUnicipal planning, decisions. The board should not be responsible for determining provincial policy or the planning merits of any matter placed before it. It should not have the - responsibility for making final decisions on municipal planning matters, but instead should conduct hearings and make recommendations to the minister or themunicipal council, depending on the circumstances. "The OMB should hear appeals frotn parties who object to a council's decision, or failure to reach a decision, only on the grounds that the council's behaviour was unfair or unreasonable, or that the council acted or failed to act on the basis of information or advice that was incorrect or inadequate. Where the board finds that a council's behavior was unfair or unreasonable, its findings and recommendations should be submitted to the minister, who would have the authority to confirm, alter or veto the council decision for stated reasons." There are several other key points among the proposals in the Comay Report.. In part, that report says: "The authority to approve urban subdivisions and consents should rest_ with the local municipalities;' and the authority to approve rural subdivisions and consents should rest with the counties or regional municipalities. The determination of which specific areas or municipalities are ur an and which are rural f r this purpose should be made in each case by the county or regional council, subject to appeal to the Minister (ex- cept for those municipalities in Ottawa -Carleton and Metropolitan Toronto where consent authority is now being exercised locally). " the province should not be concerned with whether municipalities engage in good pl,anning, but only in whether their planning actions ad- versely affect the defined provincial interests. "Municipalities should have the power to adopt in- terim control bylaws which have the effect of freezing development in given areas- while reaswhile the council undertakes a review of the zoning and development policies for these areas. Such bylaws should have a one-year duration with provision for extension for an additional year and should be authorized on the basis of stipulated conditions*. described in the report, including the normal requirements of notice, public hearing and appeal. "Municipalities should also have the power to enact holding bylaws for rural land that is being converted to urban use, and for properties (such as environmentally sensitive sites or sites with unique design requirements) for which it is not feasible to determine the impact in development in advance of speci-fic development proposals." OMB CHAIRMAN REACTS The chairman of the Ontario Municipal Board spoke during July to the Municipal Law Section of the Canadian Bar Association. Lawyer W. -Shub made a long speech on several matters, one ,.of them the Comay Report. Excerpts of Shub's comments were contained in All SWAGS In Stock UP TO Lflo, OFF Various styles To Choose From This Thurs., Fri., Sat., Only. Blackstone Furniture WEST STREET, JUST OFF THE SQUARE: this month's edition of Municipal World. There is not space to reprint the entire article, but some significant statements should be noted. Shub said "Our real- concern is that there is a grave danger that the general public might misunderstand the true nature and effect of e'he recommendations. Perhaps some may even think that the mere continued presence of the Ontario Municipal Board in theplanning scheme as recommended in the reports, is a guarantee that the existing blessings of the general public will still continue. "The report indicates that in order to provide itself with sufficient background material, the Comay Com- mittee held numerous meetings throughout the Province. It is rather remarkable that it was only after considerable insistence by the Board that the Com- mittee saw fit to consult with representatives of the Board and on only one occasion, It was made clear at that time .0 that the report was almost ready for presentation and that anything we might say would not change the philosophy of the report. "Unquestionably, the Board was only used to tidy up some of the loose ends in the report. One would imagine that with the im- posing background and tradition of the Board, now approaching the last quarter of a century of service to the Province of Ontario, that this Committee -would have been extremely interested in the practical difficulties in- volving any conclusions the report might draw. "The report recommends - that municipalities be given the final authority respecting their municipal plans, zoning by-laws, subdivision plans, land severances and redevelopment, subject however to appeal procedures and provincial veto for stated reasons. ' "According to the report, there should be no -concern by the Province whether municipalities engage in "good planning", but only whether provincial interests tare affected. This is a star- tling statement, but truly brings into. focus the whole philosophy of the report. "It would be difficult to imagine that the Province would stand aloof while its constituent parts be given such wide powers. Apparently, it is expected that the Province would still provide municipal subsidies to poorly planned com- munities. "The report appears to be stuffed with some vague constraints, which in practice would be difficult to supervise and control. I contend that the Province cannot be disassociated from an in- tegrated system of good planning policies applied to the whole and finally con- trolled by itself an effective manner. "It has always been my strong impression that the strength of any planning concept is to give consistency and' guidelines for future development. I pose the question — Would it be reasonable to abandon of- ficial plans and expect the ratepayers of this Province to rely on pure political decisions by a municipality, with no official plans as we now understand them, but instead depend on so-called "municipal planning statements", reviewed at least once in the lifetime of a council as ' the report suggests. "The statement that municipal councils should be required to have regard for social, economic and natural environment concerns'in the plan is good theory in its nature -and concept, but gives no guarantee of im- plementation. I say to you that the report is replete with "motherhood" statements indisputable in isolation, but taken together practically undesirable. Have A Bite! Treat the Family to their favorite foods "Breakfast Special" 6:30 a.m. to 11 a.m. Bacon &Eggs Ham &eggs �� 39 Sausages & Eggs Eggs Any., Style, Homefries, Toast and Coffee Jumbo Homemade Hamburgers Eat -In or Take -Out 754 Club Steak S 2 9 9 • With Soup, Salad, Fried Onions, Vegetables and Potatoes New Hours: Starting Monday, Sept. 19th Mon. to Thurs. 6:30 - 9:00 p.m, Fri. & Sat. 6:30 - 2:30 a.m. Sunday 6:30 - 8:00 p.m. Club Restaurant 33 Kingston St. 524-8168 "The safeguards suggested are again theoretically correct, but so cumbersome of enforcement that the suggested remedies would not only cause additional delays in the .planning process over and above what is now experienced, but would actually deprive the public of its present rights to have them fully determined in an impartial public forum. "Planning decisions could, under the report, be applied, but in what manner? Not by a hearing de novo states the report. The individual ob- jectors could not now voice their objections on the merits but could appeal to the Ontario Municipal Board on the ground that council's behaviour was unfair or unreasonable, dr that council acted or 'failed to act on -the basis of information or advice that was incorrect or unreasonable. The Board then would make a finding and make recommendations to the Minister who would have the authority to confirm, alter or veto the council's decision for stated reasons. difficult to conceive how there could be any alteration based on the Board'snarrowed powers. The most likely course of action would be to send the matter back to council to have regard to those matters overlooked by council. Council could then have regard to these matters and make its decisions. I issue a challenge to the authors of the report that this" would necessarily ensure that natural justice would then be done. "If the report is accepted respecting the rale of the award as lust . outlined,. I suggest to you that delays to proceed to a final solution would be multiplied. It would not be difficult for an objector to allege unreasonableness and use any of the other grounds suggested as grounds for appeal. This would certainly result in a full-scale hearing on the' merits merely to come to a decision as to whether council acted improperly. After that, the Board's hands would be tied and back it would go to council, then in a position to effectively dispose of the matter without regard to the Turn to page 3 • i 0 ry� INSTRUCTORS NEEDED Fog • BALLET &' BALLR DANCING • YOGA GODERiCH RECREATION & COMMUNITY CI BOARD 524-8373 Blyth and District Community Ce AUDITORI available for • BANQUETS CQNTAcT • DANCE$ • RECEPTIONS KEITH RICHMOND 523.9 "W\\\\% Goderich Majorettes New season starts THURSDAY, SEPTEMBER 15 - X6:30 P.M. Robertson Memorial School All returning students plus new students must register for the year FEE: '15.00 Age: Girls 5 years and up must be 5 in 1978) _GODERICH RECREATION & COMMUNITY CENTREBOARD \V►al9K\\ \\\ \\\\\U\\ %\\\\\\\\\\\\ VOIN. .\\ V►\\\\\\ NAw Co - Ordinated Sportswear by: Third Dimension Industries Ltd. DIMENSION By Milton Wallace -Blazers - Shirts -Pants -Blouses -S�'rts -Tops In: Rust and Forest Green Knit Corduroy & Brown and Rust, Washable, Easy Care Plain Double Knit. LADIES WEAR LIMIiI$ SHOPPERS SQUARE/. GOOERtCH e. h( a de n: SI v on op ar bol hi e( he bit eV a to SI ve pal pry ti wa eI ye th ubl Ca Th fa it e th( ent e I re the fr ou ept st at cor n' at rpc the epi R Fri en me and lou or in sa re Is of ell ak urr wa; unf Til AN, UI A EER K D6