REPORT Council Date: October 15, 2014 To: Warden Thompson and County Council Prepared By: Elizabeth Savill, Chief Administrative Officer Reviewed/Approved By: Elizabeth Savill, Chief Administrative Officer Subject: Land Use Planning – Next Steps 2011-14 Strategic Plan: Sustainable Infrastructure and Services Council Recommendations: WHEREAS Council of Northumberland County passed Resolution 118:06:14 at its meeting on June 18, 2014 directing staff to pursue the steps necessary to allow the Town of Cobourg, the Municipality of Port Hope and the Municipality of Trent Hills to retain their planning authorities; AND WHEREAS the Municipality of Brighton has passed a resolution stating its interest in receiving further delegation of planning authority; AND WHEREAS staff continues to work with representatives of the Ministry of Municipal Affairs and Housing on this direction; NOW THEREFORE BE IT RESOLVED THAT Council receive this Land Use Planning – Next Steps report for information. And, WHEREAS Council of Northumberland County has received clear indications from the Town of Cobourg, the Municipality of Port Hope, and the Municipality of Trent Hills of their interest in being exempt from the approval for Official Plan Amendments; AND WHEREAS Council deems it appropriate for the Town of Cobourg, the Municipality of Port Hope, and the Municipality of Trent Hills to retain the authorities already held to approve their Official Plan Amendments; NOW THEREFORE BE IT RESOLVED THAT Council of Northumberland County desires to receive the power to grant the Town of Cobourg, the Municipality of Port Hope, and the Municipality of Trent Hills “exemption” from approvals for their Official Plan Amendments; AND FURTHER BE IT RESOLVED THAT that the Minister of Municipal Affairs and Housing be advised of these desires of Council. And, WHEREAS Council of Northumberland County has received clear indication from the Municipality of Brighton of its interest in being exempt from the approval for Official Plan Amendments; AND WHEREAS Council is satisfied that the Municipality of Brighton has the capacity to assume this approval responsibility; NOW THEREFORE BE IT RESOLVED THAT Council desires to receive the power to grant the Municipality of Brighton “exemption” from approvals for its Official Plan Amendments; AND FURTHER BE IT RESOLVED THAT that the Minister of Municipal Affairs and Housing be advised of this desire of Council. Purpose This report responds to the request made at the September Council meeting to prepare an update on land use planning activities. In particular, staff was asked to provide information concerning the delegation of approval authorities as discussed for Cobourg, Port Hope, Trent Hills and Brighton. Background Discussions are underway with representatives of the Ministry of Municipal Affairs and Housing to monitor both the progress of the Official Plan approval and also to ensure the necessary steps are taken as directed by Council. The delegations of Official Plan Amendment approvals will involve another Minister’s approval while the delegation of approval for subdivisions, condominiums and part lot control will rest with County Council. Official Plan Amendments The County of Northumberland will become the approval authority for Official Plans and Official Plan Amendments for the member municipalities under Subsections 17(2) and (4) of the Planning Act once the County Official Plan is approved. The authority previously granted by the Minister of Municipal Affairs and Housing to Cobourg, Port Hope and Trent Hills will effectively be dissolved. The exemption from approval for Official Plan Amendments is provided by the Minister of Municipal Affairs and Housing by regulation. The process begins with a resolution of County Council. The necessary resolution was passed at Council’s June meeting naming Cobourg, Port Hope and Trent Hills. The necessary resolution to begin the process for Brighton has not yet been passed. If and when a regulation were made by the Minister, the County would then need to pass a bylaw in order to exempt the member municipalities’ Official Plan Amendments. It is important to recall the regulatory process followed leading up to the delegation of approval for plans of subdivision, condominium and part lot control to the County for the Townships of Hamilton, Cramahe and Alnwick-Haldimand. A notice of any proposed regulation must be posted on the Regulatory Registry indicating the Minister’s intent to grant authority. The notice is posted for a 45-day period to allow for public comment. Any comments would be taken into account when the Minister makes his decision. Ministry staff has made it clear that the Ministry expects to receive formal requests from the County. In the absence of a formal resolution concerning Brighton, and to avoid any concern with Council will need to consider a separate resolution at this meeting. Subdivisions, Condominiums and Part Lot Control When the Northumberland Official Plan comes into effect (approved by the Minister or the Ontario Municipal Board), the County will automatically become the approval authority for subdivisions, condominiums and part lot control for Cobourg, Port Hope and Trent Hills. Under Subsection 51.2(2) of the Planning Act, County Council will be able to delegate the approval authority as it did at the September 2014 Council meeting for Brighton. Risk/Safety Considerations N/A Legal/Legislative Requirements The legislative authorities for the delegation actions are detailed in the Planning Act. Financial Impact There are no financial implications at this time. Staff Recommendation Staff recommends that Northumberland County Council receive this report for information only. Staff also recommends that two resolutions be considered to ensure Council’s interests and intentions are clear with respect to the delegation of authorities. Separate resolutions are suggested to acknowledge the longstanding delegation that three of the municipalities have had and to recognize that a different review may be necessary to consider a new exemption which may influence the timing of the decisions by the Minister.