Newmarket council called for exploring "sunset clauses" on approved development applications as it blasted the province’s new planning legislation.
Town council approved the resolution today, April 19, as it reacted to the province’s More Homes For Everyone Act. The act received royal assent April 14 — before the end of a 30-day commenting period — and will force municipalities to refund application fees if they fail to approve or reject applications within legislated timelines, starting next year.
Mayor John Taylor proposed pushing for sunset clauses, saying there are approved developments in town that have not gone anywhere for years.
He added the legislation is a “significantly flawed approach” and that it does not make sense to take resources from municipal planning departments while asking them to move more quickly.
“Everybody is talking about housing affordability, and we’re wasting an amazing opportunity to really talk about how do we do (development charges) different, how we encourage the missing middle,” Taylor said. “Instead, we’re talking about fining towns for taking an extra couple of months for a planning application. It falls well short of the challenge in front of us.”
The legislation requires refunds to start within 60 to 120 days if a municipality does not respond to a development application, depending on the application type. It also offers a new tool for municipalities to “expedite approvals” for housing and mandates the site plan process be handled by staff rather than council, a process already in place in Newmarket.
Minister of Municipal Affairs and Housing Steve Clark said the bill would “help more Ontarians realize the dream of home ownership.”
“But there is still more work to be done,” he added in an April 14 news release. “As we continue to collaborate with our municipal and industry partners, our government commits to a housing supply action plan every year, over four years, to deliver gentle density and multi-generational homes in communities across our province.”
But councillors were critical of what the act meant for municipal planning processes. Councillor Victor Woodhouse said this could lead to municipalities more often denying applications rather than working with developers, with more cases going to the Ontario Land Tribunal.
“The tribunal could become overwhelmed,” he said, adding he understands the need for more housing but that “there’s a sledgehammer approach here.”
The resolution asks for an extended commenting period to respond to the legislation. Staff said it was not a long enough time frame to review it and its implications.
Taylor said the province seems to think municipalities are beholden to NIMBYs ("not in my back yard"), and that it can address housing affordability through the municipal process. But he said there are other solutions worth exploring.
He said sunset clauses are something he has raised in the past, and it also ties up municipal resources working to approve applications that do not go anywhere.
“This is a perfect opportunity to put the development community’s feet to the fire, as well as municipalities,” Taylor said.
