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Earlier today, Steve Clark, Minister of Municipal Affairs and Housing, announced the provincial government’s new Housing Supply Action Plan, which includes significant changes to the way housing will be built in Toronto. The plan introduces sweeping revisions to the Planning Act, framed by the Ford administration as a means to address a mounting housing crisis by reducing barriers to new development, with critics voicing concerns about potentially dangerous deregulation.
One of the most notable changes is the broadening of the Local Planning Appeal Tribunal’s (LPAT) authority, reverting its reach back to that of the dissolved Ontario Municipal Board, replaced by LPAT just over one year ago, including the power to "make decisions based on the best planning outcome for appeals of major planning matters." The plan aims to bring housing to market faster by speeding up local planning decisions, adjusting proposed planning decision timelines to 120 days for official plans, 90 days for zoning by-laws and 120 days for plans of subdivision.
With this new authority, the tribunal would be in the position to make planning decisions in the place of Council and make a final determination on appeals of major land use planning matters. The changes also remove existing restrictions on a party’s ability to introduce evidence and call and examine witnesses at hearings.
The ability to add new housing to existing sites is also being changed, with the report claiming that changes will make it easier for homeowners to create residential units above garages, in basements and in laneways. Similarly, secondary suites built within new homes would be exempted from development charges.
Other changes introduced include revisions to the use of inclusionary zoning to areas that are generally high-growth and are near higher order transit such as subway or GO stations. This also applies to areas where a community planning permit system has been required by the Minister of Municipal Affairs and Housing.
The plan also includes changes to Section 37 of the provincial Planning Act, which allows municipalities to charge developers for neighbourhood improvements. The government claims this is being done as a measure to simplify how funds are collected for community benefits such as parks and daycares. A new authority is proposed in the province’s plan, with section 37 and other development fees combined to fund community benefits. This new authority would replace the existing density bonusing provisions in the Planning Act, development charges for discounted services, and in some cases, parkland dedication.
Industry organizations are already responding to the new legislature. A statement from Jan De Silva, President & CEO, Toronto Region Board of Trade reads “The Board has long advocated for increasing housing supply to address the availability and affordability crisis for workers and families, so we’re glad to see the government focus on measures to build more missing middle housing and increase density at our undeveloped transit stations. It's clear the government is trying to strike a balance, with incentives for purpose-built rental development and maintaining several planning tools to help get affordable homes built alongside market units.”
Similarly, Joe Vaccaro, CEO of the Ontario Home Builders’ Association stated “A healthy housing system exists when a city or region has the right mix of housing choice and supply. The province’s Housing Supply Action Plan lays the groundwork for more homes to be built, which leads to more choice and affordability.”
In contrast, Ward 12 City Councillor Josh Matlow is amongst those tweeting his displeasure with the announcement, saying "The Doug Ford government has announced the return of OMB rules, and a handover of the planning process to the development industry & their lobbyists- making life less affordable for residents and ensuring needed services and infrastructure won’t keep up with the pace of growth." Aurora Mayor Tom Mrakas agreed in a tweet stating "Once again, an unelected, unaccountable body will get to decide what’s best for our community when it comes to growth and development. This is not a decision “for the people” The ability to manage growth in our communities has just taken a HUGE step backwards & it is unacceptable."
No doubt there will be much more reaction in coming days as more of the implications of the proposed changes become better understood. In the meantime, let us know what your initial thoughts in the comments section provided below.
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