The Wood Bull Guides

Section 34, Subsections (19) to (19.8) [Appeal Rights: Passing of Zoning By-law Amendment]

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  • 34(19) APPEAL TO L.P.A.T.

    (19) Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:

    1. The applicant.

    2. A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.

    3. The Minister.  2006, c. 23, s. 15 (10); 2017, c. 23, Sched. 3, s. 10 (4); 2019, c. 9, Sched. 12, s. 6 (4).

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.25 Appeal re passing of zoning by-law, etc.

    Wood Bull Commentary

    Refer to the Wood Bull blog post entitled: "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.

  • 34(19.0.1) BASIS FOR APPEAL

    (19.0.1) If the appellant intends to argue that the by-law is inconsistent with a policy statement issued under subsection 3(1), fails to conform with or conflicts with a provincial plan or fails to conform with an applicable official plan, the notice of appeal must also explain how the by-law is inconsistent with, fails to conform with or conflicts with the other document. 2019, c. 9, Sched. 12, s. 6 (5).

    Related Sections

    An explanation of the grounds of appeal is required to be included in the notice of appeal by subsection 34(19.0.2). Failure to include this explanation will result in the appeal being dismissed without a hearing (s.34(25)1.).

    Provincial plans are defined in subsection 1(1) Interpretation.

    Policy statements are issued under subsection 3(1) or deemed by subsection 3(8).

    Parallel subsections:

    • official plans / official plan amendments exempt from approval (s.17(24.0.1))

    • official plans / official plan amendments not exempt from approval (s.17(36.0.1))

    Related Regulations

    O. Reg. 174/16 (as amended by O. Reg. 67/18): TRANSITIONAL MATTERS — GENERAL, s.25 Appeal re passing of zoning by-law, etc.

    Wood Bull Commentary Refer to the Wood Bull blog post entitled: "Planning Act Amendments Reinstate Broader Grounds for Appeals" for more information regarding this subsection.
  • 34(19.0.2) REPEALED

    (19.0.2)  Repealed. 2019, c. 9, Sched. 12, s. 6 (5).

  • 34(19.1) NO APPEAL RE ADDITIONAL UNIT POLICIES

    (19.1) Despite subsection (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16 (3), including, for greater certainty, no appeal in respect of any requirement or standard relating to such policies.  2016, c. 25, Sched. 4, s. 3 (3).

    Wood Bull Commentary Refer to the Wood Bull blog post entitled: "Bill 108 Amendments to the Planning Act: Allowing Additional Residential Units on Properties containing Detached Houses, Semi-detached Houses or Rowhouses" for more information regarding this subsection.
  • 34(19.2) EXCEPTION RE MINISTER

    (19.2) Subsection (19.1) does not apply to an appeal by the Minister.  2016, c. 25, Sched. 4, s. 3 (3).

  • 34(19.3) NO APPEAL RE INCLUSIONARY ZONING POLICIES

    (19.3) Despite subsection (19), there is no appeal in respect of the parts of a by-law that give effect to policies described in subsection 16 (4), including, for greater certainty, no appeal in respect of any condition, requirement or standard relating to such policies.  2016, c. 25, Sched. 4, s. 3 (4)).

  • 34(19.3.1) MATTERS REFERRED TO IN S. 34 (1)

    (19.3.1) Despite subsection (19.3), there is an appeal in respect of any matter referred to in subsection (1) even if such matter is included in the by-law as a measure or incentive in support of the policies described in subsection 16 (4).  2016, c. 25, Sched. 4, s. 3 (5); 2017, c. 23, Sched. 3, s. 10 (6). 

  • 34(19.4) EXCEPTION RE MINISTER

    (19.4) Subsection (19.3) does not apply to an appeal by the Minister.  2016, c. 25, Sched. 4, s. 3 (4)

  • 34(19.5) NO APPEAL RE PROTECTED MAJOR TRANSIT STATION AREA – PERMITTED USES, ETC.

    (19.5)  Despite subsections (19) and (19.3.1), and subject to subsections (19.6) to (19.8), there is no appeal in respect of,

    (a)  the parts of a by-law that establish permitted uses or the minimum or maximum densities with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16); or

    (b) the parts of a by-law that establish minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area that is identified in accordance with subsection 16 (15) or (16).  2017, c. 23, Sched. 3, s. 10 (7).

    Related Sections

    Protected major transit station areas are identified in official plans of:

    Wood Bull Commentary

    Subject to the limitations and exceptions set out in subsections 34(19.6) to 34(19.8), there is no appeal of the parts of a bylaw that establish permitted uses, minimum or maximum densities, or minimum or maximum heights with respect to buildings and structures on lands in a protected major transit station area.

    The restriction in subsection 34(19.5)(b) does not apply where the maximum permitted height would result in development that does not meet the minimum required density for the parcel (s.34(19.7)).

    With respect to a lower-tier municipality's by-law, the restriction only applies if the municipality's official plan includes all of the required policies described in subsection 16(16)(b) for a protected major transit station area (s.34(19.6)).

    The restriction on appeals in this subsection does not apply to the Minister (s.34(19.8)).

    This subsection is silent as to whether appeals relating to other standards, such as setbacks, building depths, and landscaping, with respect to buildings and structures on lands in a protected major transit station area would be permitted.  Any appeal would have to be made on the basis set out in subsection 34(19.0.1).

  • 34(19.6) SAME, BY-LAW OF A LOWER-TIER MUNICIPALITY

    (19.6) Subsection (19.5) applies to a by-law of a lower-tier municipality only if the municipality’s official plan contains all of the policies described in subclauses 16 (16) (b) (i) and (ii) with respect to the protected major transit station area.  2017, c. 23, Sched. 3, s. 10 (7).

    Related Sections

    If an upper-tier municipality's official plan identifies a protected major transit station area, the lower-tier municipality's official plan is required to identify the uses of land and of buildings and structures, and the minimum densities for buildings and structures in the protected major transit station area (s.16(16)(b)).

    The restriction on appeal rights in subsection 34(19.5) applies only if the lower-tier municipality's official plan includes all of the required policies described in subsection 16(16)(b).

  • 34(19.7) EXCEPTION [To Appeal Maximum Height]

    (19.7) Clause (19.5) (b) does not apply in circumstances where the maximum height that is permitted with respect to a building or structure on a particular parcel of land would result in the building or structure not satisfying the minimum density that is required in respect of that parcel.  2017, c. 23, Sched. 3, s. 10 (7).

    Related Sections

    Parallel subsection:

    • exception to the appeal restriction for official plan policies pertaining to protected major transit station areas (s.17(36.1.6))

    Wood Bull Commentary

    The parts of a by-law that establish minimum or maximum heights for buildings and structures on lands in a protected major transit station area may be appealed where the maximum permitted height would result in development that does not meet the minimum required density for that parcel.  Any such appeal may only be made on the basis set out in subsection 34(19.0.1).

  • 34(19.8) EXCEPTION RE MINISTER [To Appeal Protected Major Transit Station Area]

    (19.8) Subsection (19.5) does not apply to an appeal by the Minister.  2017, c. 23, Sched. 3, s. 10 (7).

    Related Sections

    Parallel subsection:

    • exception for Minister to appeal official plan policies pertaining to protected major transit station areas (s.17(36.1.7))

    Wood Bull Commentary

    The restriction on appeals relating to the parts of a by-law that establish permitted uses or minimum or maximum densities or heights with respect to buildings and structures on lands in a protected major transit station area does not apply to the Minister.

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