As a matter of procedure, form and fairness, the City’s reliance upon staff-initiated directives which have not been enacted in accordance with the planning policy structure in the Province, and in accordance with the regulatory requirements of the Act, is problematic and objectionable in a number of respects. First where “directives” intended to guide development applications have not been formally adopted into an Official Plan or Secondary Plan, or Zoning By-law, they have by-passed the mandatory requirements of the Act relating to public consultation, formal adoption and enactment, and the rights of appeal granted by the Province to every person. The avoidance of that process gives rise to a number of failings, not the least of which is the dispensing off the public consultation process, which is a foundation of planning in every municipality, that permits the stakeholders and residents the opportunity to provide input. When this has not occurred the larger public interest has not been served.
