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In 2007, the Province of Ontario amended the Planning Act to allow municipalities the ability to implement a streamlined development approval framework. The new Development Permit By-Law System (DPS) effectively combines zoning, site plan, and minor variance approvals into a single regulatory process. Passed by City Council in 2014—and currently in the midst a lengthy OMB appeal—the DPS is intended to replace Toronto's current site-specific zoning with an area-based approvals process in select areas. Already formally adopted by several municipalities across Ontario, the framework is designed to ensure that each development is in keeping with the planning objectives—and community vision—for its area.
From a legal perspective, the DPS can be understood as a sort of hybrid of Secondary Plans and zoning by-laws, combining site-specific zoning regulations with the broader, neighbourhood-oriented scope of a Secondary Plan. Zoning, site planning, and minor variance approvals are combined under the DPS, allowing for an expedited and more predictable process. Notably, the City of Brampton has recently implemented the framework, with a DPS in place for the city's 'Main Street North' corridor since December 2015.
According to Brampton Central Area Planner Paul Aldunate, the newly implemented Development Permit By-Law System provides "a clearer planning framework and a faster process, simplifying the procedure for developers while making sure that the vision for the area is maintained."For Brampton's Main Street North area, which comprises about 80 properties, Aldunate argues that the DPS will prove "beneficial to both developer and planning interests." In the months since the DPS was implemented, Aldunate tells us that "there's already been a lot of interest from developers."
For developers, the DPS would provide a clearer, faster, and more centralized process. "It also gives a clearer and more predictable picture of what kind of projects can be approved," Aldunate adds, explaining that the system simultaneously gives planners the ability to set more impactful criteria for new development. According to the planner, the DPS is best suited to "areas of strong existing character or strong development pressure."
If implemented, the DPS will allow for a more fine-grained approach to local planning, immediately taking area context—including built form, park space, transit, and hard infrastructure needs—into account for each application. As a planning tool, the system provides select areas with cohesive and specific guidelines that can foster a more predictable and cohesive evolution of built form and the public realm.
Though the City of Toronto has yet to formally implement the system, Council approved the new planning strategy in 2014 through the adoption of Official Plan Amendment 258. However, the amendment was immediately appealed to the Ontario Municipal Board (OMB) by 13 local interest parties—composed largely of landowners associations and stakeholder groups. A mediation session is scheduled for next month. Failing a resolution through mediation, a formal hearing is set to take place in August.
As part of the ResetTO planning initiative, the Development Permit By-Law System would be implemented in Toronto as a framework that "supports and reflects local character and distinctiveness." A report prepared by Toronto City Planning in 2015 identified four areas as strong candidates for DPS designation, recommending Etobicoke Centre, North Yonge, Scarborough Centre, and the Yonge-Eglinton Centre as the first areas for consideration.
Each of these areas—identified as "Growth Centres" in Toronto's Official Plan—are currently under the auspices of Secondary Plans, which recognize the strong development potential of the neighbourhoods. Compared to Secondary Plans, however, the DPS allows for a more comprehensive and concentrated approvals process, placing re-zoning applications directly within the purview of the planning framework.
Despite Toronto's stalled progress in implementing the DPS, Chief Planner Jennifer Keesmaat has remained a strong advocate. Writing in her personal blog, Keesmaat calls the system "a significant and potentially transformative change," citing the more community-oriented structure of the system—and its greater transparency and predictability—as improvements over the status quo.
Keesmaat also points out that the new system would allow for community improvements—namely Section 37 contributions—to be identified via a "collaborative and community-based approach," replacing "the current, and highly criticized approach that involves negotiating on a site-by-site basis for community improvements." As it stands, Section 37 agreements are negotiated between the developer and the local councillor for each site, leading to "what has been called at times, 'let's make a deal' planning," Keesmaat notes.
We will keep you updated as the OMB appeal process continues and the future of Toronto's Development Permit By-Law System continues to take shape. Want to share your thoughts about the Development By-Law Permit System? Leave a comment in the space below this page.
