OP Review Discussion Paper2

DISCUSSION PAPER 2
Planning Tools
Planning Administration
Heritage and Culture
Environmental Impact Studies
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Table of Contents
Introduction .........................................................................................................................4
Planning Tools ......................................................................................................................6
1.0 Local Appeal Bodies ...................................................................................................6

1.1 Current Policy ..........................................................................................................6
1.2 Discussion ...............................................................................................................6
1.4 Proposed Policy.......................................................................................................7
2.0 Community Improvement Plans ..................................................................................8

2.1 Current Policy ..........................................................................................................8
2.2 Discussion ...............................................................................................................8
2.3 Proposed Direction ..................................................................................................9
2.4 Proposed Policy.......................................................................................................9
3.0 Protection of Employment Areas...............................................................................10

3.1 Current Policy ........................................................................................................10
3.2 Discussion .............................................................................................................11
3.3 Proposed Direction ................................................................................................12
3.4 Proposed Policy.....................................................................................................13
3.5 OMB Case Studies ................................................................................................13
4.0 Conditional Zoning ....................................................................................................15
5.0 Community Benefits ..................................................................................................16

5.1 Current Policy ........................................................................................................16
5.2 Discussion .............................................................................................................16
5.4 Proposed Policy....................................................................................................19
6.0 Urban Design ............................................................................................................21

6.1 Architectural Control ..............................................................................................21
6.1.1 Current Policy..................................................................................................22
6.1.2 Discussion.......................................................................................................22
6.1.3 Proposed Directions .......................................................................................22
6.1.4 Proposed Policy ..............................................................................................23
6.2 Compatibility ..........................................................................................................24
6.2.1 Discussion......................................................................................................25
6.2.2 Current Policy.................................................................................................25
6.2.3 Proposed Direction..........................................................................................25
6.2.4 Proposed Policy .............................................................................................25
6.3 Sustainable Development ......................................................................................27
6.3.1 Discussion......................................................................................................27
6.3.2 Current Policy..................................................................................................28
6.3.3 Proposed Direction.........................................................................................29
6.3.4 Proposed Policy .............................................................................................29
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Planning Administration ......................................................................................................30
7.0 Planning Administration ............................................................................................31

7.1 Complete Application .............................................................................................31
7.1.1 Prescribed Information ...................................................................................32
7.1.2 Proposed Directions .......................................................................................32
7.1.3 Other Information ...........................................................................................32
7.1.4 Proposed Direction........................................................................................33
7.1.5 Bibliography of Resources .............................................................................34
7.1.7 Early Consultation Meetings............................................................................34
7.1.8 Record Of Early Consultation .........................................................................35
7.1.10 Electronic Submissions ...................................................................................35
7.1.11 Proposed Directions ........................................................................................36
7.1.12 Proposed Policy ...........................................................................................36
Section 2 .............................................................................................................................40
Heritage and Culture...........................................................................................................40
8.0 Heritage and Culture .................................................................................................41

8.1 Current Policy ........................................................................................................41
8.2 Discussion .............................................................................................................42
8.2.1 Conservation ...................................................................................................42
8.2.3 Growth Management and Intensification .........................................................43
8.2.4 Adaptive Reuse ...............................................................................................44
8.2.5 Heritage Tourism.............................................................................................44
8.3 Provincial Policy Framework..................................................................................44
8.3.1 The Planning Act .............................................................................................45
8.3.2 The Environmental Assessment Act................................................................45
8.3.3 The Greenbelt Plan .........................................................................................45
8.3.4 The Growth Plan for the Greater Golden Horseshoe ......................................46
8.3.5 The Provincial Policy Statement......................................................................46
8.3.6 The Ontario Heritage Act.................................................................................47
8.4 Proposed Directions ..............................................................................................49
8.5 Proposed Policy.....................................................................................................51
Section 3 .............................................................................................................................54
Environmental Impact Studies ............................................................................................54

9.0 Environmental Impact Studies ..................................................................................55
9.1 Discussion .............................................................................................................55
9.3 Proposed Policy.....................................................................................................57
10.0 REFERENCES ...........................................................................................................58
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Introduction
The Municipality of Clarington is currently in the process of reviewing its Official Plan. The
Official Plan is the Municipality’s key planning policy document that provides a framework
to guide future land use, development and community decisions over the next 25 years.
The Ontario Planning Act requires municipalities to determine every five years if a review of
their Official Plan is necessary. The existing Clarington Official Plan was approved in 1996,
however over the past few years significant changes to Provincial legislation have had
important implications for the Municipality. It is now necessary to renew the Official Plan to
ensure that it conforms to, or does not conflict with, Provincial plans and policies.
Within the last five years, a major paradigm shift has been the Province’s planning reform
initiatives, including the Strong Communities (Planning Amendment) Act, 2004 (Bill 26), the
Provincial Policy Statement, 2005, the Greenbelt and the Growth Plan for the Greater
Golden Horseshoe. On January 1, 2007, changes to the Planning Act made through Bill 51,
the Planning and Conservation Land Statute Law Amendment Act, 2006, came into affect.
Bill 51 builds upon the above mentioned reforms through both mandatory and enabling
legislative changes.
In addition to the Provincial planning reform, other initiatives that will play an integral part in
the growth of Clarington include a GTA wide Transportation plan prepared by Metrolinx (the
Greater Toronto Transportation Authority), the Durham Regional Official Plan amended to
conform to the Provincial directives, and the Region’s implementation of the Growth Plan
(Growing Durham).
A traditional official plan review process, undertakes many technical studies over a number
of years to produce a comprehensive Official Plan Amendment at the end. The made in
Clarington approach to the Official Plan review process has been designed to have
continuous implementation through the process by bringing forward smaller specific Official
Plan Amendments and special area studies.
The first specific Amendments will ensure that Clarington’s Official Plan is consistent with
Provincial and Regional plans and policies. However, these amendments will not only
ensure conformity with the legislation, they will also strengthen the Official Plan to ensure
that current needs can be met without compromising the ability of future generations to
meet their own needs, promote a healthy community and a high quality of life for residents,
and manage growth and development efficiently.
The purpose of this discussion paper is to explore the changes made to the Planning Act
through Bill 51 and to explore the implications of these changes for Clarington and propose
appropriate Official Plan Amendments to implement them.
This Bill, Planning and Conservation Land Statute Law Amendment Act, 2006 has provided
municipalities with a number of additional mechanisms that deal with the land use planning
process as well as new rules pertaining to Ontario Municipal Board (OMB) appeals. The
majority of the changes to the Planning Act modifies aspects of the land use planning
process, provide additional tools for implementation of provincial policies and give further
support to sustainable development, intensification and redevelopment. The policies
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proposed in this discussion paper, as a result of Bill 51, can be grouped into two sections,
Planning Administration and Planning Tools. The Planning Administration section of the
paper will focus on the largely administrative type policy changes. The Planning Tools
section will explore the new tools (ie. Zoning with conditions) that have been provided to
municipalities.
This Discussion Paper will also include a discussion of the changes made to the Ontario
Heritage Act and other housekeeping items.
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Planning Tools
1.0 Local Appeal Bodies
Reforms to the Ontario Municipal Board (OMB) have been made as part of Bill 51.
One of these reforms is the option for municipalities (upper and lower tier) to
establish a Local Appeal Body (LAB). The LAB then replaces the OMB for appeals
of committee of adjustment decisions.
There are a few main principles behind the concept of LABs. Foremost is the notion
of “local.” By establishing a LAB, it is believed that the municipality will have greater
autonomy, make better use of local knowledge and generate public interest in issues
that are appealed. Decisions on appeals will be made by members of the LAB using
their local knowledge with attention to any specific local issues – things that may not
be as apparent to a member of the OMB.
1.1 Current Policy
In Clarington, an appeal of a committee of adjustment decision is heard by the OMB

and a decision is made. This is the case for all other municipalities in the province
as well. With the passing of O. Reg. 551/06, municipalities across the province have
been given the right to establish LABs to replace the function of the OMB for hearing
appeals of committee of adjustment decisions.
The requirements for establishing a LAB under the Planning and Conservation Land
Statute Amendment Act, 2006 are set out in the regulations (O. Reg. 551/06).
Council must pass a by-law to constitute and appoint a LAB. To pass this by-law,
the municipality is required to have an up to date official plan. Specific items must
be detailed in the by-law including the length of term for LAB members, include
provisions for funding the LAB, ensure that members who are appointed will be
qualified or trained accordingly and that they will also be independent and free from
bias. These details included in the by-law are a measure of the viability of the
prospective LAB.
In addition, it should be noted that LABs shall deal only with local appeals. No
collaboration between municipalities is permitted.
1.2 Discussion
Several issues worthy of discussion are raised when considering the possibility of a
LAB for Clarington, including of costs, membership and benefits. These things need
to be understood to reach an informed decision regarding the prospect of
establishing a LAB here.
Cost is of course a major consideration. The municipality would incur many

expenses by establishing a LAB ranging from clerical to the salary of members. The
LAB would also be required to seek independent planning and legal advice, which is
a significant expense. Some of the costs of administering a LAB could be recovered
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by fees assessed to the appellant of a decision. However, this would only offset the
burden to the municipality.
The appointment of members is also a significant point of discussion. To be viable,

the LAB must be comprised of individuals with a balance of sufficient local
knowledge yet the distance to be independent and free of bias, all while holding the
qualifications necessary to be members. In considering these requirements, it is not
difficult to imagine how finding members may be a substantial challenge in
Clarington. Municipalities with larger populations may find this to be less of a barrier
but for the majority of lower tier municipalities in Ontario it is insurmountable.
It should be noted that by establishing a LAB, neither the municipality nor the
committee of adjustment gains any greater control over the outcome of an appeal
decision. The question should be asked, does this really lead to better local
planning than the current system?
Another risk in establishing a LAB is that once created, the municipality cannot
revert to using the OMB for appeals of committee of adjustment decisions. Only in
special cases where the greater public good is at stake may an appeal be made to
the OMB. Can the municipality afford the risk of an unsuccessful LAB?
While it is apparent that there are some significant detriments to establishing a LAB,
the benefits are limited. The main attraction of LABs is the advantage of having
local knowledge. Although this may prove to be an asset in some appeals, the costs
and challenges are great. In most cases, hearings would cost more and take longer
than if the appeal was allowed to go to the OMB as is presently the case. Expenses
normally incurred by the province would be borne by the municipality and the lack of
experience of the LAB members may increase the amount of time a hearing would
take. The net result would likely be a poor return on investment for the municipality.
While the notion of having regard to issues of local significance through the
establishment of a LAB is ideal, the cost, risks and possible absence of properly
qualified members may yield unsatisfactory results.
Based on the discussion of the prospect for a LAB in Clarington, it is proposed that
Clarington not pursue the establishment of a one at this time. Clarington is only
involved in a couple of appeals of committee of adjustment decisions per year, on
average. This does not warrant the establishment of a LAB. Should there be an
increase in the number of appeals, the possibility of a LAB could be revisited.
1.4 Proposed Policy
At this time, Clarington is adequately serviced by the OMB for appeals of committee
of adjustment decisions as such, the establishment of a Local Appear Body is not
recommended.
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2.0 Community Improvement Plans
A Community Improvement Plan (CIP) is a comprehensive community-based

planning study. A CIP articulates a vision for the continued prosperity of an area. It
is based on an assessment of past experience and future prospects, along with a
realistic ‘road map’ of how to get there. CIPs are special types of studies identified in
the Planning Act, Municipal Act, and Official Plans. They are special because upon
completion and adoption, they give the municipality extra powers, such as the ability
to provide incentives, grant and loan programs, development charge exemptions for
a specific portion of the municipality, land assembly strategies, infrastructure
development, brownfield remediation/redevelopment, etc. The recommendations of
a CIP have to have a stated public benefit to justify the use of municipal funds in the
assistance of private corporations or individuals, otherwise it would be bonusing and
not eligible for municipal funding. CIPs are prepared with input from residents,
merchants and stakeholder groups
2.1 Current Policy
The OP sets out the areas of potential community improvement and sets the
framework for the completion of the study. The local municipality must have policies
within its official plan to enable Council to implement CIP’s. Clarington’s CIP listing
includes areas where it is anticipated that at some future time a revitalization
strategy may be warranted, other areas are economic and employment growth
projects that require substantial infrastructure development.
The Municipality has prepared and administers three CIP’s, for the downtown areas
of Orono, Newcastle and Bowmanville. Two of the CIP’s have been in place since
2005 and the success of CIP’s are evident when comparing the before and after
effects that the CIP programmes have had and in reviewing the overall
recommendations of the studies.
2.2 Discussion
As a result of Bill 51, the definition of community improvement has been changed to
include ‘construction’. The definition has been further clarified to include provisions
for affordable housing and energy efficiency. In addition, Bill 51 allows for the first-
time the involvement of upper-tier municipalities in CIP’s.
CIP’s are eligible for funding from the Province and Region if there are applicable
CIP funding programs in place. Currently, none of the Clarington CIP’s are eligible
for provincial or regional funding.
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The Region recently approved an Official Plan amendment to include the necessary
provisions within the DROP (Durham Region Official Plan) to be able to participate in CIP’s.
To advance the goals of the DROP the Region’s participation in a CIP is tied to a Regional
Revitalization Program that focuses on initiatives that achieve positive economic and
community objectives. For a local CIP to obtain funding from the Region the project must
entail significant and substantial revitalization and/or development and be located within a
Regional defined area.
2.3 Proposed Direction
The list of potential CIP’s has been updated, to eliminate CIP’s that have already been
completed and include business parks that will require significant investment to develop the
initial infrastructure needs. In addition, the majority of hamlets in the Oak Ridges Moraine
and Greenbelt have been deleted from the list as their growth possibilities are limited, the
two that remain have some growth potential but could also be impacted by other
developments as such they may warrant the preparation of a CIP in future.
All other changes are to bring the language of the existing Official Plan into conformity with
Bill 51 and the Regional Official Plan.
2.4 Proposed Policy
 Proposed Amendment to Map I.

o Delete Bowmanville Subarea B3, Newcastle Village Subarea N1, Orono,
Hampton, Leskard, Burketon, Enniskillen, Kendal and Haydon.
o Add map of Science and Technology Business Park.
 Amend Policy 22.3.2.
o Delete references to Bowmanville Subarea B3, Newcastle Village Subarea
N1, Orono, Hampton, Leskard, Burketon, Enniskillen, Kendal and Haydon.
Add Science and Technology Business Park.
 Amend Policy 22.3.4. Delete Subsection e).
 Amend Policy 22.35. Delete the words “obtain the concurrence of”.
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3.0 Protection of Employment Areas
Subsequent to changes through Bill 51, an area of employment is defined in the

Planning Act as “an area of land designated in an official plan for clusters of
business and economic uses including, without limitation, the uses listed in
subsection (5), or as otherwise prescribed by regulation” (2006). The uses listed in
subsection (5) include manufacturing, warehousing, office, and related retail and
ancillary facilities.
It is the intention of the Provincial government to ensure that municipalities can

maintain their long-term sustainability through the protection of employment areas.
Changes to the Planning Act through Bill 51 have given municipalities the ability to
protect areas of employment by removing an applicant’s right of appeal to the
Ontario Municipal Board (OMB) when conversion of the employment area is not
supported by council1. This provision helps to ensure the availability of adequate
lands in strategic locations for short- and long-term economic investment, and is now
reflected in Provincial plans and policies.
3.1 Current Policy
As noted in policy 1.3.2 of the Provincial Policy Statement (PPS), municipalities may
only permit the conversion of lands within employment areas to non-employment
uses through a comprehensive five-year Official Plan review or Official Plan
amendment initiated by the municipality, where it has been demonstrated that the
land is not required for employment purposes over the long-term and that there is a
need for the conversion.
The Ministry of Public Infrastructure Renewal’s Places to Grow: Growth Plan for the
Greater Golden Horseshoe is consistent with the PPS in terms of employment area
conversions. Policy 2.2.6.5 of the Growth Plan indicates that municipalities may
permit the conversion of lands within employment areas to non-employment uses
through a municipal comprehensive review. The criteria that must be met during the
review are expanded in the Plan to include demonstration that:
(a) there is a need for the conversion;

(b) the municipality will meet the employment forecasts allocated to the
municipality;
(c) the conversion will not adversely affect the overall viability of the
employment area, and achievement of the intensification target, density
targets, and other policies;
(d) there is existing or planned infrastructure to accommodate the proposed
conversion;
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The Bill 51 legislation regarding employment area conversion does, however, allow all parties to have full
appeal rights to the OMB at the time of the five-year Official Plan review, or at any time when a municipality
decides to alter employment land designations and policies.
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(e) the lands are not required over the long term for the employment purposes
for which they are designated; and
(f) cross-jurisdictional issues have been considered.
Durham Region, via Amendment 123 has already included policies regarding the
conversion of employment areas in the Durham Region Official Plan (ROP). Policy
8C.2.16 specifies that redesignation shall only be considered through a
comprehensive review, where it is established that:
(a) the land is not required for employment purposes over the long-term,
beyond the timeframe of the Plan;
(b) the conversion is necessary to address localized rationalization of land
uses, as determined by the area municipality; and
(c) the conversion does not result in an expansion of the Urban Area
Boundary to meet future employment needs.
The Durham ROP Policy 14.11.3 indicates that:
A request to convert land within the Employment Area designation to

non-employment uses, where a municipal comprehensive review is
underway, shall be accompanied by a complete application to amend
the Durham Regional Official Plan.
Any application to convert lands within the Employment Area

designation where a municipal comprehensive review is not
underway, shall be recommend for refusal, or held in abeyance
pending the commencement of a municipal comprehensive review.
In accordance with the policies in the Provincial Growth Plan, Durham Region has
also executed the Growing Durham Study, which recommends a growth scenario
and policy directions that are consistent with the Growth Plan policies. In section
6.7.2 of the Study, regarding specific policy directions for employment, it is
recommended that “decisions of Regional Council to refuse conversion of
Employment Areas shall not be subject to appeal to the Ontario Municipal Board”
(2008).
The Municipality of Clarington’s current Official Plan, however, does not address the
redesgination or conversion of employment areas through any of its existing policies.
3.2 Discussion
The current Official Plan envisions Clarington as a place for people to live, work and
play in a safe, vibrant, healthy and prosperous environment. This vision is consistent
with the Growth Plan’s guiding principles of building complete communities and
supporting strong and competitive economies. In order to become a complete
community where people can live, work and play, Clarington should encourage a
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diversified economy that will attract new employment opportunities, allowing
residents to work locally.
Currently, sixty three percent (63%) of Clarington’s workforce is employed outside of

municipal boundaries, while a significant amount of designated employment lands
remain undeveloped (Statistics Canada, 2007). During the Official Plan Review’s
first phase of public consultation, residents raised concerns over Clarington’s lack of
local employment and suggested that the Municipality “encourage more outside
investment” to allow for economic growth and new industry. By improving the local
employment base, the quality of life in Clarington is also enhanced. Benefits of local
employment include shorter commuting times and distances, lower traveling
expenses and higher disposable incomes, all resulting in an increased tax base for
the Municipality.
In order to build a complete community, it is also essential to link population and

employment growth. Conservative projections anticipate that Clarington’s population
will increase by 58,000 to a total of 140,000 inhabitants by 2031, requiring the
creation of an additional 21,000 jobs during that time period (Growing Durham,
2008). This further demonstrates the need for the Municipality to explore new
policies that encourage investment in the local employment base.
The Bill 51 provision for protecting employment lands can help to ensure that
Clarington’s designated areas of employment remain available for the anticipated
growth and economic investment. Having restrictions on the conversion of
employment lands will mean more jobs for residents and the increased capacity to
remain economically competitive at the local level.
Since Clarington’s current Official Plan does not address employment area
conversions, it is required, as a component of the Official Plan Review process, that
the Plan be revised to ensure consistency with provincial policy statements and
provincial and regional plans. The Official Plan should be amended to add policies
on employment area conversions to satisfy the requirement of the Planning Act such
that private appeals of conversions will not be permitted.
Based on the requirements in the PPS, Growth Plan and ROP, a number of policies
can be added to Clarington’s Official Plan, as detailed under Proposed Policy. The
policies have been edited so that they apply at the local level and are not exact
duplications of the higher government policies.
Because this Official Plan Review is considered a municipal comprehensive review,

the Municipality is permitted to consider the conversion of its existing employment
areas to non-employment uses at this time. However, the criteria for new
employment areas also need critical evaluation, since it will be difficult to convert
employment areas to other uses once they are designated.
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Further consideration of the many other issues surrounding employment areas, such
as potential conversion opportunities, will be deferred to the Planning for Growth and
Prosperity components of the Official Plan Review.
3.4 Proposed Policy
The following provisions are to be added to the Clarington Official Plan, Chapter 11.
Employment Areas:
1. The conversion of lands within an employment area to a non-employment use

shall only be permitted during the five-year Official Plan review, or at any time the
Municipality undertakes a comprehensive review of employment areas.
2. A request to convert lands within an employment area to a non-employment use,

where a comprehensive review is underway, shall be accompanied by a
complete application to amend the Official Plan.
3. Council may permit the conversion of lands within employment areas to a non-
employment use only where it has been demonstrated, to the satisfaction of
Council, that:
(a) the land is not required for employment purposes over the long term;
(b) there is need for the conversion;
(c) there is existing or planned infrastructure to accommodate the
proposed conversion;
(d) the conversion will not adversely affect the overall viability of the area
of employment; and
(e) the potential impacts of the conversion have been considered on a
municipality wide scale.
Add definition of employment area be consistent with PPS.

Employment Area: means those areas designated in an official plan for clusters of
business and economic activities including, but not limited to, manufacturing,
warehousing, offices and associated retail and ancillary facilities.
11.3.1 Employment areas consist are subdivided into Prestige Employment Area,
Light Industrial Areas, and General Industrial Areas and Business Park as
designated on Map A1.
3.5 OMB Case Studies
Prior to changes to the Planning Act through Bill 51, various appeals regarding
employment land conversions had been made to the OMB. However, with the
addition of the employment area protection provision, private appeals of conversions
to the OMB are no longer permitted and, at this time, there are no applicable OMB
cases to look to as precedents.
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Since the new legislation does allow all parties to have full appeal rights to the OMB
at the time of the five-year Official Plan review or municipally initiated Official Plan
amendment, applicable cases may begin to arise as municipalities adopt the Bill 51
provisions and undertake comprehensive municipal reviews.
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4.0 Conditional Zoning
To address challenges associated with certain developments or to achieve locally

important goals, municipalities will be able to impose one or more prescribed
conditions on the use, erection or location of buildings and structures through the
zoning process. The Bill 51 amendments also provides for agreements to can be
registered on title to secure the conditions. While this may appear to be an onerous
step for some property owners, this approach does create certainty with respect to
municipal requirements. In addition, conditional zoning allows for predictability in the
timing of development approval.
The Official Plan must first contain policies relating to zoning with conditions.
Although often imposed, Ontario’s planning framework has not permitted zoning with
conditions until the passing of Bill 51. Until the regulations are passed, the
prescribed conditions and limitations remain unknown. As such, the municipality will
not proceed with an official plan amendment with respect to conditional zoning until
the Regulations have been released by the Ministry of Municipal Affairs.
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5.0 Community Benefits
Section 37 of the Planning Act provides a unique tool for Municipalities to be able to
share in the increased value of a development project. The section of the Act
provides that a municipality may authorize increases in the height and density of a
development that are greater than otherwise permitted through the zoning by-law in
return for community benefits. The types of community benefits that could be
realized through this provision include;
o Protection of natural features beyond the requirements of the Official Plan;

o Provision of public areas, walkways and places;
o Provision of public parking; or,
o Provision of community and open space facilities including community
centres, firehalls and libraries.
The legislation considers an exchange between the developer and the Municipality,
all in the context of good planning and under the conditions set out in the Official
Plan. With an increase to either height and/or density, comes an increase in profit
for the developer. This legislation allows a municipality to benefit from this provision.
It is not a tool that can be used to mitigate the effects of a development in a
neighbourhood. The ‘extras’ or community benefits provision is not meant to offset
the effects of bad developments. All development proposals, including those with
increased height or density provisions, must be based on sound planning decisions.
Although this provision has been in the Planning Act since 1983, it is a complicated
provision that has not been widely used. The community benefits provisions in the
Act have not been privy to either regulations or guidelines as other sections of the
Act have.
5.1 Current Policy
The Municipality of Clarington currently does not have policies within the Official
Plan that would allow for the use of the Community Benefits provisions.
5.2 Discussion
Some municipalities seem to have a basic misunderstanding as to the purpose of

Section 37. If a development proposal already constitutes good planning, Section
37 should not be invoked. It is only in those circumstances when an application may
fall below the threshold of “good planning” where, in order to meet the test of good
planning, it requires that certain public benefits be provided.
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There have been different interpretations as to how Community Benefits provisions
should be invoked. Some municipalities take the position that a project must already
be “good planning” before there is to be consideration of additional public benefits
under Section 37. These municipalities suggest that the use of Section 37 is a
mechanism that a municipality can decide to use, over and above whether a project
constitutes “good planning”. This has been referred to by some as ‘let’s make a deal
planning’. This is a fundamental misunderstanding of the purpose of Section 37. If
an application constitutes “good planning”, then the use of Section 37 is not
appropriate. The OMB has noted in several decisions that it must always be
remembered that Section 37 is a section of the Planning Act [emphasis added] and
not part of a “Municipal Generation of Revenue Act”.
For example. A development is proposed within an existing built up area that is

deficient in parkland. The proposal seeks to increase the density of the
development beyond what is permitted by the zoning by-law. Although the
developer is required to provide cash in lieu of the park land dedication, the
Municipality could decide that cash in lieu is not sufficient, to offset the deficiency in
parkland in the immediate area. Through the community benefits provisions, a
contribution (of an agreed to amount) could be made into a fund that a municipality
has set up to acquire parkland in that same geographic area. Section 37, is the
mechanism by which these public benefits can be provided by the applicant and
secured in an agreement registered on title to the property.
In exercising the provision of Section 37, the Municipality may negotiate the
provision of items that are over and above those typically funded through
development charges (i.e. roads) and other contribution tools. For example, the
developer may agree to the construction of enhanced pedestrian connections, or the
installation of public art. Alternatively, a cash contribution may be more appropriate.
In such cases, the funds obtained through Section 37 agreements may be used by
the Municipality towards these same, or similar items or objectives. Therefore, it can
be used for public parking, public art, affordable housing, green space above the five
per cent parkland contribution, conservation of heritage features and other
amenities.
The use of increased heights and densities in exchange for community benefits may
only be utilized if there is an Official Plan policy in place. When an owner agrees to
provide facilities, services or matters in return for the increase in height or density, a
municipality may require the owner to enter an agreement about same. This
agreement may be registered against the land to which it applies and the
municipality is entitled to enforce the provisions thereof.
Many municipalities in Ontario already utilize the community benefits provisions

allowed by the Planning Act, including the City of Toronto, and the City of Burlington.
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City of Toronto has been using height and density bonusing to achieve community
benefits for many years. Unfortunately how this provision has been used has
resulted in many Ontario Municipal Board (OMB) hearings in the City.
After a string of OMB hearings, to assist in the implementation of the Official Plan
policies, the City of Toronto Council also adopted Implementation Guidelines for
Section 37 of the Planning Act and a Protocol for Negotiating Section 37 Community
Benefits45 (referred to as the “Guidelines”). The Guidelines outline the principles
which must be followed when using Section 37 of the Planning Act. They have also
implemented a tracking and administering system, including the appointment of a
compliance officer.
In Toronto, the community benefits provision in Section 37of the Planning Act has
been a critical tool in conserving heritage resources and existing rental units. Since
amalgamation, the City has used Section 37 in 195 development projects, securing
cash contributions of at least $68 million plus significant non-cash benefits.
The city of Burlington has also utilized the community benefits provisions of the
Planning Act to better their community. Prior to adoption of the Official Plan
amendment, the City of Burlington prepared an Implementation Framework.
The framework provides direction regarding where, when, and how Section 37 is to
be used and establishes a consistent relationship between the cost to the developer
in providing public benefits and the value to the developer of the increased density
or height. Clarification of what public benefits are to be secured, including the
achievement of an appropriate balance between local and citywide benefits, is also be part
of the framework.
To date, City of Burlington staff have negotiated a number of public benefits under Section
37, including: monies towards the downtown parking fund; enhanced road works; public art;
and improved pathways and pathway connections.
Prepare a Municipal wide protocol for the implementation of height and/or density
incentives under Section 37 of the Planning Act. The protocol is needed to ensure
that staff and the development community have clear and consistent direction on the
continued use of Section 37 and the objectives that would be achieved through its
utilizations. It will also act as a tool to ensure that Municipal staff are involved in the
negotiations with members of the development community.
Add a new policy to Chapter 23 Implementation related to Community Benefits.
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5.4 Proposed Policy
Community Benefits Considerations
a) Council may pass Zoning By-Laws in accordance with the Planning Act to permit
an increase in the maximum height or density of a development, in exchange for
the provision of such facilities, services or matters as are set out in the By-Law.
b) In all cases the facilities, services or matters provided in exchange for increased
height or density of a development project shall be directly linked to the nature of
the development and shall be located within the same general geographic area.
c) The Municipality may encourage the use of community benefits provisions with
regard to the following matters:
(i) provision of parkland dedication beyond the requirements of the Plan;
(ii) protection of natural heritage features such as woodlots, beyond the
parkland dedication requirements of the Plan;
(iii) improved access to public transit;
(iv) provision of public areas, crosswalks and walkways and connections to
external public walkways/trail systems;
(v) provision of public parking;
(vi) provision of community and open space facilities such as small parks,
day care centres, schools, community centres and recreational
facilities, cultural facilities, and other municipal facilities such as
firehalls and libraries;
(vii) conservation of cultural heritage features;
(viii) protection or enhancement of significant views;
(ix) provision of affordable housing, beyond the basic Provincial
requirements;
(x) provision of a wide range of housing types including special needs,
assisted or other low-income housing;
(xi) provision of public art;
(xii) provision of green technology and sustainable architecture, such as
green roofs;
(xiii) provision of streetscape improvements in accordance with Council
approved design guidelines, and
(xiv) Other local improvements identified in community design plans,
community improvement plans, capital budgets or other implementing
plans or studies.
d) The transfer of increased height or density provisions from one site to another
site or from one project to another project shall not be permitted.
e) Community benefits provisions shall be considered where the increased density

and height conforms with the intent of the Plan and the increase in height and
density is compatible with adjacent existing or proposed development.
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f) As a condition to the application of increased height or density provisions to a
proposed development, the owner of the subject land will be required to enter
into an agreement with the Municipality, to be registered against the title to the
land. The agreement will deal with the facilities, services, or matters that are to
be provided, the timing of their provision, and the increase in height or density to
be given.
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6.0 Urban Design
Urban design varies in both how it is defined and how it is put into practice.
Historically, urban design combined the key components of urban planning with
architecture, but most recently it has borrowed from other intellectual fields such as
art history, civil engineering, anthropology, human geography and health studies.
Urban design has a concern for three-dimensional space and as much consideration
for the public areas between or beneath buildings as for the buildings themselves. It
is about making places that are well liked and well used by people.
More specifically, urban design is about creating public friendly environments, such
as charming streetscapes, bustling markets, distinct town centres, safe
neighbourhoods, beautiful parks, trails and public
squares.
“Urban design is a key to making Implementing good urban design is an ongoing

places that are successful both and creative process that requires a common
socially and economically, good vision and cooperative efforts amongst many
to live in, and attractive to visit. people and professions. Planners, developers,
Urban design is essential in architects, landscape architects, engineers,
creating community identity. It is artists, politicians, community groups, business
effective planning in the widest owners and residents all have a role and
sense, and it can help to deliver responsibility toward creating and maintaining
better public services. It also highly functional and beautiful communities. It is
helps to achieve value for money combining the detailed assessments of ‘what is’
in new developments, and to and ‘why it is so’, with the purposive task of
make good use of scarce making things better. To successfully achieve
resources. (Urban Design Group, good urban design we must strengthening our
2003) current urban Design policies.
6.1 Architectural Control
The regulation of exterior building design is commonly referred to as “architectural

control”. Through Bill 51, the list of matters which a municipality can address through
site plan control has been expanded to include matters related to exterior design.
These matters include, without limitation, character, scale, appearance and design
features, as well as sustainable design or landscaping elements within a
municipality’s road right-of-ways. This new provision provides further strength and a
greater degree of control by municipalities in terms of exterior building design.
Not only can the Municipality guide exterior building design, it can also require the
provision of sustainable design elements in the road right-of-way. For example,
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plantings, street furniture, bicycle racks waste containers and ramps on a public right
of way. This will enable the Municipality to achieve streetscape objectives, as well
as transit-supportive and environmentally sensitive designs.
6.1.1 Current Policy
In the past, the achievement of Municipal objectives in respect to exterior building

design has largely occurred through the cooperation of developers. Urban design
principles and guidelines already exist in various locations within the Clarington
Official Plan, but there are currently no policies within the Official Plan that will
enable the Municipality to take advantage of the new architectural control provisions
in the Planning Act. Except for the few policies within the Secondary Plans, exterior
design has been reactionary and a matter of personal taste.
6.1.2 Discussion
The issue of adding policies to the Official Plan that relate to exterior design could be
seen as a departure from the higher level guidance that is characteristic of the Plan.
The Municipality currently has urban design guidelines, but implementing a guidance
oriented approach is sometimes challenging. The perception that ‘guidelines’ can be
ignored because they are not ‘policy’ has led some to question whether or not
sections of the Official Plan should be tightened up so that policies are more
directive than guidelines. At the same time, if the policies become more prescriptive,
they become less flexible, and this can limit the creativity of responses to unique
constraints and opportunities presented by individual circumstances.
6.1.3 Proposed Directions
Bill 51 has provided for municipalities to regulate matters of architectural control

including character, scale, appearance design features and sustainable design. But
until these provisions are incorporated into the Official plan and the Site Plan control
by-law, they are beyond the Municipality’s control. As such, it will be necessary to
incorporate new Official Plan Policies related to architectural control. Following the
adoption of Official Plan policies for architectural/exterior design and sustainable
design control, the Site Plan Control By-law will be amended to reflect these
changes.
By including architectural control policies in the Official Plan and Site Plan Control
By-law staff and Council with have greater degree of control over the design of our
built environment.
The existing Site Plan control policies (specifically 23.8.2) require that a proponent
demonstrate how the proposed design and the organization of the site and buildings
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will implement the urban design policies of the Official Plan and the Secondary
Plans. To further secure the ability to influence the exterior design of buildings,
additional provisions should be put in this section of the Official Plan regarding
architectural control.
There are a variety of approaches to the incorporation of architectural control.

Oshawa and Collingwood have taken a similar approach to the one suggested
above in that they have only included a few of the provisions that have been
provided for by Bill 51. They have included a shortened paragraph 1, sustainable
design provisions and sustainable design elements in the right-of-way.
6.1.4 Proposed Policy
Modifications are not suggested to existing policies because this in an entirely new
subject matter. It is suggested the following new policies are added to Section 23.8,
Site Plan Control, of the Official Plan:
1. To ensure that the urban design provisions of this Plan are addressed, building
plans, elevations and cross sections shall be provided to the Municipality in
support of applications submitted for approval under s.s.41 of the Planning Act..
These are the details that are intended to address matters of compatibility with
adjacent buildings or sensitivity to local area place, context and setting, to
address the relationship between buildings and between buildings and the
street, to incorporate sustainable design features, and to illustrate scale,
transitions in form, massing, character and materials. To this end, the
submission may need to include:
a. Finish, texture, materials, patterns and colours of all building exteriors,
including roofs.
b. Location, size, colour and type of all building, including facilities
designed to have regard for accessibility for persons with disabilities,
exterior signage and lighting.
c. Number, placement, type and finishing of all exterior doors and
windows.
d. Finish, texture, materials patterns and colours of functional elements
attached to or forming part of the exterior of buildings such as entrance
elements, walls, stairs, gates, railings, balconies, planters, awnings,
alcoves, canopies, bays, seating, parking decks and ramps.
e. Any sustainable design features to be incorporated, such as green
roofs or walls, solar panels, reflective or permeable surfaces.
f. Placement, finish, colour, size of any exterior mechanical systems
such as heating and air conditioning, electronic transmission /
receiving devices, including any screening materials.
g. Cross sections of the entire block, to demonstrate the relationship of
the proposed building to adjacent buildings, streets and exterior areas
to which members of the public have access.
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h. The provision of interior walkways, stairs, elevators and escalators to
which members of the public have access from streets, open spaces
and interior walkways in adjacent buildings.
6.2 Compatibility
At the municipal wide scale, issues of compatibility are addressed in the Official Plan
through the appropriate designation of land and associated policies that direct where
and how certain categories of land use should be permitted to develop. Locational
policies are therefore required in order to direct uses, which have the potential to
generate negative impacts, to appropriate locations, most typically at the periphery
of residential neighbourhoods. It is recognized that because land use designations
such as General Urban Area, Main Street and Employment Area contain broad use
permissions, it will be necessary for the zoning by-law to establish more specific
permitted use lists and development regulations within areas and on individual sites
in a manner that achieves compatibility among proximate uses and built forms.
At the scale of neighbourhoods or individual properties, issues such as noise, light

trespass, accommodation of parking and access, shadowing and micro-climatic
conditions are prominent considerations when assessing the relationships between
new and existing development. Often, to arrive at compatibility of scale and use will
demand a careful design response, one that appropriately addresses the impact
generated by infill or intensification. Consequently, the issue of ‘context’ is a
dominant theme where it speaks to compatibility and design.
Infill development may occur virtually anywhere in a city. Infill generally occurs on a
single lot or a consolidated number of small lots, on sites that are vacant or
underdeveloped. The resulting development may be similar in use and size with
adjacent uses, in which case it is generally straightforward to design the infill to be
compatible with-or fit well with-its surroundings.
However, compatibility may be more difficult to achieve in other situations. To

achieve the Plan’s strategic directions for managing growth, the zoning in many
areas of the Municipality, particularly areas adjacent to major roads, at the periphery
of neighbourhoods and proximate to transit stations, may allow for more intensive
development than has occurred in the past. In addition, an amendment to the zoning
by-law may be needed to change the permitted use of the land and increase the
height or density permitted. In these circumstances, the compatibility of the
proposed development must be considered.
Objective criteria that can be used to evaluate compatibility include height, bulk or
mass, scale relationship, and building/lot relationships, such as the distance or
setback from the street, and the distance between buildings. An assessment of the
compatibility of new development will involve not only consideration of built form, but
also of operational characteristics, such as traffic, access, and parking.
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Development applications and proposals for public works will be evaluated in the
context of this section. In and of themselves, questions of compatibility and design
do not determine what a development should be, but the merit of a development
proposal will be influenced by such considerations.
6.2.1 Discussion
6.2.3 Proposed Direction
1. When evaluating compatibility of development applications, the Municipality

will have regard for the policies of the site’s land use designation and all
applicable Community Design Plans, Secondary Plans, or site specific
policies.
2. In addition to those matters set out in Section 1 above, the Municipality will
evaluate the compatibility of development applications on the basis of the
following compatibility criteria. The measures of compatibility will vary
depending on the use proposed and the planning context. Hence, in any given
situation individual criteria may not apply and/or may be evaluated and
weighted on the basis of site circumstances:
a) Traffic: Roads should adequately serve the development, with

sufficient capacity to accommodate the anticipated traffic generated.
Generally, development that has the potential to generate significant
amounts of vehicular traffic should be located on arterial or major
collector roadways so as to minimize the potential for traffic infiltration
on minor collector roadways and local streets;
b) Vehicular Access: The location and orientation of vehicle access and
egress should address matters such as the impact of noise, headlight
glare and loss of privacy on development adjacent or immediately
opposite. Vehicular access and egress for development that has the
potential to generate a significant amount of vehicular traffic should be
oriented on streets other than local streets, where ever the opportunity
exists, considering traffic safety and other transportation objectives of
this Plan;
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c. Parking Requirements: The development should have adequate on-
site parking to minimize the potential for spillover parking on adjacent
areas. A range of parking forms should be considered taking in
account the area context and character. Opportunities to reduce
parking requirements and promote increased usage of walking, cycling
and transit should be considered, where appropriate, particularly in the
vicinity of transit stations or major transit stops in accordance with the
provisions of Section 19;
d. Building Height and Massing: New buildings should have regard to the
area context - the massing and height of adjacent buildings, and
planned function for the area. Application of design principles that
contribute to a sense of human scale will improve and enhance user
comfort and the perception of new development within its existing
context. Where variation in building height or massing is appropriate, a
transition in building heights is desirable. The desire for a transition in
building heights can be offset where natural buffers and setbacks exist
and/or through the use of appropriate design measures to create a
more pedestrian-friendly at-grade environment;
e. Pattern of the Surrounding Community: Where the height, building

mass, proportion, street setback and distance between buildings for
the proposed development varies from the pattern for the area, the
proposed design may compensate for this variation through its
treatment of other characteristics common to the surrounding
community;
f. Outdoor Amenity Areas: The development should respect the privacy

of outdoor amenity areas of adjacent residential units and minimize
any undesirable impacts through the siting and design of the buildings
and the use of screening, lighting, landscaping or other mitigative
design measures;
g. Loading Areas, Service Areas, and Outdoor Storage: The operational

characteristics and visual appearance of loading facilities, service
areas (including garbage), parking and areas for the outdoor storage of
goods or materials should be mitigated using a variety of methods
(e.g., location, containment, screening, berms, and/or landscaping).
These uses and activities should be located away from residences
where possible;
h. Lighting: The potential for light spill over or glare from any lighting
source onto adjacent light-sensitive areas is not permitted;
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i. Noise and Air Quality: The development should be located and
designed to minimize the potential for significant adverse effects on
adjacent sensitive uses related to noise, odours, and other emissions.
j. Sunlight: The development should minimize shadowing on adjacent

properties, to the extent practicable, particularly on outdoor amenity
areas, through the siting of buildings or other design measures;
k. Microclimate: The development should be designed to minimize

adverse effects related to wind, snow drifting, and temperature on
adjacent properties;
l. Supporting Neighbourhood Services: The development should
contribute to or be adequately served by existing or proposed services
and amenities such as health facilities, schools, parks and leisure
areas. Where the proposed development itself is to contribute such
services and amenities, they should be of a scale appropriate to the
needs and character of the area.
6.3 Sustainable Development
The Planning and Conservation land Statute Act, 2006, Bill 51 expands the list of
matters of Provincial interest under the planning Act to include ‘the promotion of
development that is designed to be sustainable, to support public transit and to be
oriented to pedestrians.’ The Planning act directs decision makers to ensure all
decisions are consistent with this and all matters of provincial interest. Further, the
Growth Plan directs municipalities to plan for complete and sustainable
communities. The PP”S supports this direction by promoting ways to support’
strong, livable and healthy communities, protect the environment and public health
and safety, and facilitate economic growth.”
6.3.1 Discussion
For the purposes of the Official Plan, sustainable development policies will focus on
how development – from design, construction, to operation- will respect and
complement the environment (e.g. climate change, GHG, energy conservation).
Sustainability goes beyond the natural environment to include the built environment
in order to identify issues such as active transportation policies and neighborhoods
that should be protected because of their unique character and history. Sustainability
includes planning policies that would not just allow but encourage energy
conservation and alternative energy projects.
The Official Plan sets the tone of development, form and design of the Municipality.
While many aspects of building design are beyond the control and reach of the
Official Plan and the planning process (e.g. insulation levels, mechanical systems,
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building materials), neighbourhood and site design can have a major influence on
sustainability. Official Plan policies can ensure that a development must incorporate
or take advantage of sustainable design measures within the buildings themselves.
For this reason, it is important to ensure that the Official Plan enables the
Municipality to take advantage of the full range of design tools available through the
Planning Act.
Through Amendment Number 114, the Region of Durham has reinforced as well as
added numerous references to Sustainable Development in their Official Plan
including;
 Policy 2.3.49 In the preparation of area municipal official Plans, Councils of
the area municipalities shall insure the inclusion of:
l) policies that promote the use of innovative and sustainable practices to
achieve energy efficiencies, such as green roofs.
As well as 8.2.1 Urban areas shall be planned and developed with regard for the
principles of adaptability over time, sustainable development, harmony with nature
and diversity and integration of structures and functions.
Much of the discussion in the literature regarding sustainable development has

emphasized the importance of green buildings and energy efficiency including use of
renewable energy in building design. Some of these suggestions such as requiring
particular energy performance in buildings, requiring certain percentages of
renewable energy generation, or requiring particular levels of environmental
performance through the mandatory application of the Leadership in Energy and
Environmental Design (LEED) rating system, go beyond the mandate of the Official
Plan as defined in the Planning Act. However, some new tools will enable
municipalities to address such matters as the exterior design of buildings (site plan
control) and the extent to which a plan of subdivision takes into account energy
matters. In other cases, design measures can be encouraged through more general
Official Plan policies. Policies can also be provided to ensure that there are not
unnecessary or unintended impediments to green design measures.
The current Official Plan has embodied Sustainable Development as one of the key
principles since 1996 when it was adopted. Sustainable Development Policies can
be found throughout the document in the following chapters;
 Chapter 4. Natural Environment and Resource Management
 Chapter 5. Growth Management
 Chapter 23. Implementation
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The majority of the sustainable development policies will be explored during the
Sustainable and Healthy Communities portion of the Official Plan Review. However,
in order to exercise the ability to request sustainable design elements within the
municipal right of way, policy needs to be added to the Site Plan Control section of
Chapter 23, Implementation the Site Plan.
Once the Official plan policy has been adopted, the Site Plan Control by-law will
need to be amended to add a similar policy.
As previously proposed in Section 6.1.4, Architectural Control, new policies are to be

added to the Site Plan Control Section of Chapter 23. This following policy should
be added to the already proposed list of details that are to be submitted as part of a
development application.
 The sustainable design elements on any adjoining highway under a

municipality’s jurisdiction, including without limitation trees, shrubs, hedges,
plantings or other ground cover, permeable paving materials, street furniture,
curb ramps, waste and recycling containers and bicycle parking facilities.
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Planning Administration
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7.0 Planning Administration
Insert here – other amendments including timelines$$$$$$$$$$$$$$
7.1 Complete Application
The most recent amendments to the Planning Act emphasize a broadening of the
range of information available for approval authorities to consider when reviewing an
application and have shifted the requirements for the submission of supporting
information to the front end of the planning process. These amendments are
collectively referred to as a complete application.
A complete application has two sets of information requirements. The first are the
provincial requirements, or prescribed information. The second are the municipal
requirements which are legislated in the Planning Act as other information. Other
information must be specified through provisions in the Official Plan.
Prescribed and Other Information must be submitted concurrently with the planning
application to prevent applications from being submitted in a piecemeal fashion and
to enable Council or its delegate to make informed decisions within the prescribed
period of time. It also aims to ensure that the public and other stakeholders have
access to all the relevant information earlier in the planning process. It helps to
inform the parties as to what land use changes can be expected if a planning
application is successful. Furthermore, if any required information is incomplete or is
not submitted concurrently with the planning application, Council or its delegate may
refuse to accept or further consider an application. The prescribed time period in
which a decision must be made does not begin until such time as all the required
information and materials have been submitted by the applicant and the application
has been deemed complete.
As result of the Bill 51 changes to the Planning Act, there is greater emphasis on the
acknowledgement of complete applications. Once an application is submitted to the
Planning Services Department, the Municipality has 30 days to confirm the receipt of
a "complete application" with the applicant.
The Planning Act has also been amended such that Council is to determine when
development applications are complete. Under this system, Council is required to
deliberate on each application immediately after it is submitted, based on the
materials filed. This requires determination by way of a Council resolution that an
application is complete before circulation could begin. This process could be time
consuming and onerous, and will delay the processing of applications. However,
Section 23.1 of the Municipal Act provides Council with the general authority to
delegate to a person or body various non-judicial responsibilities, including the
determination of a complete application. .
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Council has passed by-law 2007-131 which has delegated the responsibility of
determining a complete application back to staff in order to facilitate timely
application processing.
These new requirements which necessitate an applicant to submit all prescribed and
other information at the front end of the planning process pertain to applications for
Official Plan and Zoning By-law amendments, consents, plans of subdivision and
plans of condominium. The site plan control by-law must also be amended to
identify these new provisions.
7.1.1 Prescribed Information
Prior to Bill 51, prescribed information was mainly administrative details, such as
name, location of property, and adjacent land uses. It has now been expanded to
include statements of consistency with the Provincial Policy Statement, statements
of conformity with Provincial Plans, servicing considerations, identification of related
planning applications, archaeological plans and an explanation as to how the
application conforms to the Official Plan.
The prescribed information details are provided in the Ontario Regulation that is
associated with type of planning applications being contemplated. For example,
Ontario Regulation 543/06 is associated with Official Plans and official plan
amendments. This regulation will be referred to in order to determine the ‘prescribed
information’ that must be provided by an applicant for an Official Plan amendment.
Prescribed Information requirements are detailed on the planning application forms.
The Municipality’s planning applications have been amended to include these new
provisions as outlined in the respective Planning Act regulation.
7.1.3 Other Information
Simply put, other information is supporting documentation or studies. It is

information needed by the municipality to aid in the decision making process and to
assist with the determination of appropriate controls on land-use and development.
Other information has not been detailed through Ontario Regulations as the
prescribed information has. The challenge is for municipalities to determine what
other information requirements are reasonable to request in order to beginning of the
application process. The request for other information is also detailed on the
planning application forms.
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Prior to these amendments to the Planning Act, Council or its delegate could request
"other information or material" from an applicant however, they could not refuse to
accept or further consider the application if such other information was not provided.
Council can now require the "other information or material", as part of a complete
application. This however, can only be exercised if the Official Plan contains
provisions relating to such requirements.
Not all of the studies that may be required in the development approval process are
required in the initial stages of a planning application review. Some very specific
types of studies, such as illumination, are more appropriately considered in
conjunction with the review of detailed site planning or servicing and may be
required through a condition of draft plan of subdivision approval or as a requirement
for site plan approval. The requirements for submission of a complete application
should have regard for this balance between studies required for informed decision-
making and the studies required to ensure that all municipal standards for site
design and servicing are met.
It is during a early consultation meeting that the studies that will be required to make
a complete application will be identified. The studies that may be required later in
the process should also be identified early in the process. Although the current
Official Plan identifies quite a large of number of studies that may be required, it
does not comment as to when in the process the study is required. A recent OMB
decision has stipulated that the Official Plan must identify that studies will be
required as part of a complete application.
Providing one section within the OP that identifies all of the potential studies, reports
and information that may be required of Official Plan Amendment, zoning by-law
amendment, Draft plans of subdivision and Draft Plan of Condominium applications
would be preferred. This would make all the requirements clear without the need to
scan the entire document. The requirements for specific studies to be submitted in
support of a site plan application must also be identified in the Municipality’s Site
Plan Control By-law.
A comprehensive list of studies is also the approach that the Region of Durham has
taken. The Region’s Official Plan amendment contains a policy and table that
provides a comprehensive listing of the studies, and describes under what
circumstances a particular type of or study is required. The complete application
requirements would apply to any application submitted to the Region for approval.
It must be remembered that the identification of studies needed as part of a

complete application are not intended to preclude Council or its delegate from
requiring additional studies that may be identified during the planning process.
However, every effort should be made to identify all potential studies that may be
33
necessary as part of the decision making process. It is also imperative to note that
the receipt of a report or study as part of a complete application should not be
interpreted to mean that the content of the report/study is acceptable. The quality of
the report shall be determined as the planning process proceeds.
7.1.5 Bibliography of Resources
The Planning Act states that any information and material presented at an Ontario
Municipal Board hearing that was not presented to Council prior to Council making
its decision shall not be admitted into evidence if the Board determines that such
information and material could have affected the Council's decision.
As a result of this legislation, all the information and material that was provided to
the municipality prior to Council making a decision on the application must be listed
in a bibliography of resources. The Bibliography of Resources is seen as a living
document, with many changes between the original submissions and until the
development application is approved. This document is prepared and continually
updated by the proponent.
The Bibliography of Resources is intended to clearly outline what information was

made available to Council prior to a decision being made on the application.
The request for a Bibliography of Resources will be included on the Early

Consultation Procedures Form and will be required component of a complete
application. An updated bibliography of information will also be needed from the
applicant prior to a decision on the application being rendered.
7.1.7 Early Consultation Meetings
Early consultation is the process whereby prospective development applicants

consult with municipal staff prior to their formal application submission, in order to
ascertain the municipality’s requirements including studies, drawings and potential
issues. Although the Municipality had strongly encouraged early consultation in the
past, Bill 51 enabled Council to enact a by-law requiring early consultation for the
purposes of an Official Plan amendment, Zoning by-law amendment, site plan
approval and Plan of subdivision/condominium applications.
Council passed a Preconsultation By-law (By-Law No. 2007-132) in June 2007

which requires a Preconsultation meeting for all Official Plan Amendments, Plans of
Subdivision/Condominium, Zoning By-laws and Site Plans.
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7.1.8 Record Of Early Consultation
A Record of Early consultation is a permanent record of the early consultation

meeting. It is a detailed account of the early consultation meeting or meetings, and
it outlines the other information that will be required, in order to deem an application
as complete. This record shall be prepared by the applicant and submitted to
municipal staff for concurrence.
It is necessary for the record of early consultation to also include an expiration date.
This is a necessary component given that there could be major changes to planning
legislation, either Provincially, Regionally or locally that could affect the discussion
that were had during the early consultation process
To ensure that the record of early consultation is prepared, and concurred by

municipal staff, an Early Consultation Procedures Form should be prepared. The
procedures should be standardized for all of the planning applications. The
variability will be with the amount of detail required. This will commensurate with the
complexity of the application.
A record of early consultation shall include:

o Date or dates that the early consultation meeting(s) were held;
o Written summary of the Baseline information provided by the applicant
prior to the meeting, including any plans and specifications;
o List of Attendees;
o List of ‘Other Information’ required;
o Other relevant information that was discussed at the early consultation
meeting;
o An expiration date, and
o A signature page. Spaces should be provided for Municipal staff and the
agent / owner / applicant to ensure agreement with the record of early
consultation.
7.1.10 Electronic Submissions
Electronic copies, as well as hard copies, of all material must be submitted as part of
the complete application to allow staff to distribute all relevant material using various
media means. This will enable staff to distribute the information to review agencies,
the public and other stakeholders in an expedient manner.
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All planning application forms will be amended to include the provision that
electronic copies of all data must be submitted in addition to hard copies.
PRECONSULTATION AND COMPLETE APPLICATIONS
1. Prior to the submission of a complete application for an Official Plan

Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision,
Draft Plan of Condominium, or Site Plan the applicant shall consult with
the Town in accordance with this Plan and the Municipality’s Pre-
consultation By-Law.
2. Early consultation meetings shall be held with the Municipality and any
other government, public authority and/or external agency as deemed
appropriate by the Municipality.
3. Any application for an Official Plan Amendment, Zoning By-Law
Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or
Site Plan the applicant shall
a) Comply with the statutory complete application submission
requirements of the Planning Act;
b) Include a fully completed application form with all submission
requirements and supporting documentation; and,
c) Include the prescribed application fee.
4. Any application for an Official Plan Amendment, Zoning By-Law

Amendment, Draft Plan of Subdivision, Draft Plan of Condominium, or
Site Plan the applicant shall be deemed to be a complete application
once all required studies, reports and information outlined in subsections
3 and 8 are prepared and provided by the proponenet. Studies, reports
and information outlined in subsection 8 identified as necessary for the
proper evaluation of a complete application will be determined by the
municipality in consultation with the applicant, any other government,
public authority and/or external agency as deemed necessary by the
Municipality.
5. .In addition to the studies, reports and information specified in

subsection 8, the proponent shall be required to submit any other studies
and reports relevant and necessary to the evaluation of the particular
applications as deemed appropriate by the Municipality in consultaion
with the applicant, any other government, public authority and/or external
agency.
6. Any studies or reports and information specified in section 8 shall be

prepared in accordance with any standards or specifications applicable
36
within the Municipality or the Region, and may at the Municipality’s
discretion, required a peer review by a qualified consultant retained by
the Municipality at the applicant’s expense.
7. In all instances the scope, timing and number of studies, reports and
information required for the submission of a complete application should
be appropriate and in keeping with the scope and complexity of the
application. For applications that may be considered simple or minor in
nature, little, if any, additional information may be required.
8. The following broad categories of studies are not intended to preclude

Council and its delegated approval authorities from requiring additional
reports that may be identified during the planning process if
circumstances necessitate the need for such information as part of the
decision making process. The more specific scoping of reports to be
submitted by an applicant will be identified at the Preconsultation
Meeting.
Agriculture
The submission of studies related to agricultural matters is to identify
and assess any agricultural features that may be affected by a proposed
development and/or change in land use, including surface and
subsurface features, and to ensure that any potential impacts resulting
from a proposed development and/or change in land use on the
surrounding agricultural features are mitigated. The reports/studies must
also demonstrate consistency with the policies of Chapter 9 –
Agricultural, Rural Settlement and Urban Reserve Land Use
Designations of this Plan.
Aggregates
The purpose of these studies are to…..
Culture and Design

The purpose of culture and design related studies are to demonstrate
how a proposed development and/or change in land use will have a
positive impact on neighbouring built heritage, is sensitive to
archaeological issues, and is designed in a manner that enhances the
local built form and/or natural environment.
Environment
The purpose of these studies are to identify the environmental and
natural features which may be affected by the proposed development
and/or change in land use; identify the areas that are to be protected
from development; identify the areas that are to be employed as a buffer
between the environmental and/or natural features and the proposed
development and/or change in land use; and identify any other mitigative
measures to be undertaken to protect the environmental and natural
37
features from any potential impacts associated with the proposed
development and/or change in land use.
Finance
The purpose of this category of reports are to identify the short-term and
long-term costs to the Municipality of Clarington for the provision of
municipal infrastructure and services required to support a proposed
development and/or change in land use and an estimate of anticipated
revenues arising from a proposed development and/or change in land
use.
Nuisance
The purpose of Nuisance studies are to identify all of the potential
nuisance issues and natural/human-made hazards which may impact
the proposed development and/or change in land use; identify the areas
that area to be employed as a buffer between the nuisance issues and
natural/human-made hazards and the proposed development and/or
change in land use; and identify any other measures to be undertaken to
mitigate the impacts associated with the nuisance issues and
natural/human-made hazards from the proposed development and/or
change in land use.
Planning and Growth Management

The purpose of Studies to address Planning and Growth Management
are to specifically address how a proposed development and/or a
change in land use are consistent with the Provincial Policy Statement
and Provincial Plans. The studies must also demonstrate that the
proposed development and/or a change in land use are consistent with
Official Plan policies. This broad category will also include Market
Impact Analysis Neighbourhood plans and Transportation Demand
Management.
Servicing
The purpose of studies related to servicing and infrastructure are to
demonstrate that the existing servicing infrastructure is sufficient to
accommodate the proposed development and/or change in land use or
that the lands can be reasonably serviced by the extension of existing
infrastructure. Where new infrastructure is required or an expansion of
the existing infrastructure is necessary the servicing and infrastructure
studies will demonstrate that the improved infrastructure will be
adequate to accommodate the proposed development and/or change in
land use as well as any anticipated users of the infrastructure
Other
The ‘other’ broad category is utilized for several different types of
studies that do not otherwise fit into one of the broad categories but
are nonetheless important. The ‘other’ category can also be utilized if
a unique situation arose which required a study not previously
contemplated. Currently they include, Energy Management Plans,
Environmental Site Assessments (phases 1 and 2) and Sustainability
Plans.
38
Bibliography of Resources
9. All information and material that was provided to the municipality in support
of an application must be listed in a Bibliography of Resources to clearly
outline what information was made available to Council prior to a decision
being made. The Bibliograhy of Resources shall be updated and submitted
prior to a final decision being made on the application.
Record of Consultation
10. Preconsultation Meeting(s) must be concluded prior to the submission of an
application required as per Section 23.14. of this Plan. The other
information or specific studies that are required to be submitted together
with the application will be identified at the Preconsultation Meeting(s).
In addition to the submission of all of the required studies, the applicant must also
submit a Record of Preconsultation which will be prepared by the applicant and
concurred by staff and forwarded to the applicant/agent prior to submission of the
application.
The Record of Preconsultation shall contain the following items

 Date or dates that the preconsultation meeting(s) were held.
 Written summary of the Baseline information provided prior to the meeting,
including any plans.
 List of Attendees
 List of Other Information required,
 Other relevant information that was discussed at the preconsultation meeting,
and,
 A signature page. Spaces should be provided for Municipal staff and the agent /
owner / applicant to ensure agreement with the Record of Preconsultation.
Concurrent Application Provisions

11. In addition to the prescribed information required by the Planning Act, and
the other information outlined in Section 23.14. of this Plan, the Municipality
may, through the Preconsultation Meeting, identify other planning
applications that are required to be submitted concurrently, to ensure that
Council and its delegated approval authorities can properly evaluate the
applications and make consistent and appropriate decisions.
Electronic Submissions
12. All information must be submitted in both electronic format and hard copy
format so that it may be more easily made available for review.
7.2 Other Administrative Changes
39
Section 2
Heritage and Culture
40
8.0 Heritage and Culture
In this age of big box developments, franchises and chain stores, it is the cultural
heritage of a community that makes each one unique and defines its identity.
Cultural heritage resources can be man-made or natural features and can include
buildings and structures, neighborhoods, landscapes, archival collections, folktales
and traditional crafts and skills. History is visible in the landscape. Whether in
bustling urban areas or secluded rural environments, buildings which have stood the
test of time contribute to creating a sense of place.
History has shown that the bulldozer approach to urban renewal has not been
beneficial. Modernist ideology and architecture, practised during the 1950's and
1960's, eradicated countless built heritage resources as professionals sought to cure
societies ills by designing a clean, uncluttered, supposedly environmentally
deterministic, setting.
The increasing scarceness of heritage structures gave rise to a heritage

preservation movement. During the late 1960's and early 70's, the spirit of
preservation grew as an interest was aroused in rescuing the past. The post war
decades of growth and redevelopment have, consequently, been followed by several
years of heritage conservation and planning. The 1970's witnessed the creation of
government backed legislation which has contributed to promoting cultural heritage
resources as a feature that should be valued, enhanced and conserved.
8.1 Current Policy
The Region of Durham encourages local municipalities to utilize the Ontario Heritage
Act to protect, conserve and enhance cultural heritage resources. The
establishment of local municipal heritage committees is promoted as is the
designation of properties and districts. Area municipalities are at the forefront of
heritage planning with the exception of matters of archaeological significance. The
Region has reserved the responsibility for commenting on archaeological resource
potential. They review sites to determine the possibility for any of these resources
being on the property and liaise with the Ministry of Culture to ensure that all
provincial regulations are satisfied.
Section 2.3.49 of the Durham Regional Official Plan states that in the preparation of
area municipal official plans policies for the protection, conservation and/or
enhancement of built and cultural heritage resources should be included.
Clarington’s current Official Plan supports cultural heritage with the goal “to promote
cultural achievements, foster civic pride, strengthen the local economy and enhance
the quality of life for Clarington residents in the preservation, restoration and
utilization of the Municipality's heritage resources”. Municipal practices work
towards achieving this goal. Seventy individual properties have been formally
41
designated by by-law under Part IV of the Ontario Heritage Act. These by-law
identify the property’s location and can list the historical and architectural reasons
why the property is of significance to the Municipality. In 2006 Clarington approved
its first heritage conservation district under Part V of the Act. The district covers all
of the properties on Beech Avenue in Bowmanville. A heritage conservation district
plan was prepared in accordance with the requirements of the Ontario Heritage Act
which provides a set of architectural guidelines to encourage property owners in the
district to follow a sensitive approach to the block’s built heritage and maintenance of
the historic, physical and contextual landscape. Heritage guidelines were also
prepared for the old Bowmanville neighbourhood which can be applied through-out
the Municipality when property owners are considering landscaping, fencing,
alterations, additions or new construction to a heritage property or within a heritage
neighbourhood. Three Community Improvement Plans have been approved that
provide grant incentives for improvements to heritage structures and the
Municipality’s Sign By-law provides regulations that are specific to signage within
identified heritage resource areas.
The Clarington Heritage Committee meets regularly to provide advise to staff and
Council on heritage matters. A listing of over 800 heritage resources throughout the
Municipality was compiled between 1986 and 1992 and it focused on buildings that
were constructed prior to 1890. The Committee is in the process of reviewing and
updating the inventory. Consideration is given to a property’s historical and
architectural merit, as well as the date of construction.
With the Municipality’s Official Plan Review underway, the topic of planning for
healthy communities is one of three key principles set out to improve Clarington’s
quality of life. Quality of life in the community, in part, depends on the diversity,
provision and accessibility of recreation, arts and cultural facilities. The visible
presence of cultural heritage resources within a community helps to create a sense
of place that bonds people to their environment.
8.2 Discussion
In the context of planning, there are a number of general trends arising with the
management of cultural heritage resources. Such trends include conservation,
growth management and intensification, adaptive reuse, and heritage tourism
8.2.1 Conservation
The trend of conservation is a broad movement that ranges all levels of decision
making. In an effort to sustain resources for future generations, governments are
striving to move “from a culture of waste to a culture of conservation” (McGuinty,
2004). From energy conservation to heritage conservation, the movement is an
42
important one. For heritage in particular, there are a range of legislative tools,
policies and initiatives to identify and protect both built and natural heritage.
Various initiatives exist to conserve internationally significant heritage resources.

The Global Heritage Fund (GHF), a non-profit international conservancy, works to
protect and preserve major archaeological sites and ancient townscapes in
developing countries through long-term financial investments. Similarly, the United
Nations Educational, Scientific and Cultural Organization (UNESCO) adopted an
international treaty called the Convention concerning the Protection of the World
Cultural and Natural Heritage in 1972 to encourage the identification, protection and
preservation of cultural and natural heritage around the world through various
activities.
At the national level, the Heritage Canada Foundation, a membership-based

organization and registered charity established in 1973, is mandated to "...preserve
and demonstrate and to encourage the preservation and demonstration of the
nationally significant historic, architectural, natural and scenic heritage of Canada
with a view to stimulating and promoting the interest of the people of Canada in that
heritage" (Heritage Canada, 1973). Additionally, Parks Canada works to protect the
commemorative integrity of the national historic sites, national parks and national
marine conservation areas it operates.
The Province of Ontario has policies and enabling legislation in place to aid in the
conservation of cultural heritage. The Provincial Policy Statement, 2005 (PPS) now
provides stronger policy direction for the identification and protection of built
heritage, cultural landscapes and archaeological sites. Bill 60, an Act to Amend the
Ontario Heritage Act, provides new powers for the Province and municipalities to
strengthen and improve heritage protection. The Ministry of Culture also has
informative documents and a heritage tool kit available to enhance understanding of
the heritage conservation process in Ontario. Further legislative tools to aid in the
conservation of heritage resources are provided for under the Municipal Act2 and the
Planning Act3.
8.2.3 Growth Management and Intensification
Canada’s federal government is an active proponent of urban intensification. The

nation’s “urban centres are at a critical stage where intensification of the urban fabric
is required and is now being actively promoted by various provincial and regional
government policies to contain urban sprawl and promote public transit” (CREA,
2006). However, there remains a clash between built heritage and intensification
2
The Municipal Act provides for municipalities to establish heritage property tax relief of between 10% and 40%.
3
The Planning Act provides municipalities with tools, including official plan provisions, zoning by-laws, community
improvement plans, conservation plans, heritage impact assessments and cultural heritage master plans, to ensure the
conservation of heritage resources.
43
with risks of demolition, inappropriate alteration of heritage resources, and
incompatibility of new construction with the existing character of established areas.
8.2.4 Adaptive Reuse
Adaptive reuse is the process of adapting old structures for new uses while
preserving their historically significant features. In the context of planning for
sustainable development, adaptive reuse has important implications.
“Around the world, adaptive reuse of historic buildings is seen as

fundamental to sound government policy and sustainable
development” (Langston & Shen, 2007).
The Ontario Heritage Trust is the province’s lead heritage agency with the mandate
to identify, preserve, protect and promote Ontario’s Heritage. The Trust owns 24
built heritage resources and manages more than 140 natural heritage properties.
8.2.5 Heritage Tourism
Cultural heritage tourism can be defined as “traveling to experience the places and
activities that authentically represent the stories and people of the past and present”
(National Trust for Historic Preservation, 2005). This can include historic, cultural and natural
resources of significance.
The Province of Ontario recognizes that heritage tourism stimulates local

economies. Across Ontario, former rail corridors are being developed into
recreational trails that “reflect the early transportation and settlement history of the
Province,” and offer residents and tourists “natural and cultural heritage
experiences” that link historic landmarks, green spaces and communities (Ministry of
Culture, 2005). A recent trend in commercial economic development and heritage
tourism “has been towards visiting and experiencing “authentic” downtowns,” which, in turn,
“encourages downtown renewal and the conservation of heritage structures” (City of
Hamilton, 2008).
8.3 Provincial Policy Framework
Ontario’s provincial legislation mandates and/or enables municipalities to govern

their cultural heritage resources. Provincial statutes and plans such as the Planning
Act, the Environmental Assessment Act, the Greenbelt Plan, the Growth Plan for the
Greater Golden Horseshoe, the Provincial Policy Statement, and the Ontario
Heritage Act all contain references to the conservation of cultural heritage resources
thereby indicating the Province’s recognition of the significance of these resources to
a community sense of uniqueness and identity. The following sections review the
44
provincial policy framework that has guided the proposed amendments to the official
plan cultural heritage policies.
8.3.1 The Planning Act
The Planning Act establishes the rules for all land use planning in Ontario and
provides the tools, powers and procedures to be followed by municipal government.
Section 2 of the Act provides a list of matters of provincial interest and states that the
council of a municipality, in carrying out their responsibilities, shall have regard to
matters of provincial interest such as “the conservation of features of significant
architectural, cultural, historical, archaeological or scientific interest”.
8.3.2 The Environmental Assessment Act
Part 1 of the Environmental Assessment Act contains a definition of environment

which includes “the social, economic and cultural conditions that influence the life of
humans or a community” and “any building, structure, machine or other device or
thing made by humans”. The Act defines a planning and design process that
includes the review of potential impacts on any heritage attributes and the
identification of mitigation measures, if required. Monitoring procedures can also be
recommended in the environmental assessment.
8.3.3 The Greenbelt Plan
In 2005 the province of Ontario passed the Greenbelt Act with the goal of protecting
natural heritage features and agricultural land within the Greater Golden Horseshoe
from urban development. The corresponding Greenbelt Plan designates a large
portion of Clarington north of Courtice and Bowmanville, and north and east of
Newcastle Village as Protected Countryside. Section 4.4 of the Plan specifically
addresses cultural heritage resources and states that the following policies shall
apply to lands within the Protected Countryside:
Cultural heritage resources are defined as man-made or natural features,

including structures, objects, neighbourhoods, landscapes and
archaeological sites, that have been identified as significant by the local
municipality or the province for being meaningful components of a
community’s cultural heritage or identity.
Greenbelt municipalities should work with aboriginal groups and other

stakeholders to identify and protect cultural heritage resources and plan
toward maintaining, developing and using these resources in a manner that
will benefit the local community and be compatible with the Greenbelt’s
vision and goals.
45
Municipalities should build cultural components into their municipal plans
and planning processes, including creating inventories of cultural heritage
resources and planning for their ongoing protection and appropriate use.
Municipal cultural plans should draw from and promote an integrated vision
of local cultural development that emphasizes connections across the full
range of arts, heritage, cultural industries, libraries, archives and other
cultural activity.
8.3.4 The Growth Plan for the Greater Golden Horseshoe
The Growth Plan for the Greater Golden Horseshoe defines the geographic area of
southern Ontario which is to be the growth plan area. The Plan contains policies for
protecting what is considered to be valuable, which includes natural systems, prime
agricultural areas, mineral aggregate resources, and a culture of conservation.
Section 4.2.4, A Culture of Conservation, states that municipalities will develop and
implement official plan policies and other strategies in support of “cultural heritage
conservation, including conservation of cultural heritage and archaeological
resources where feasible, as built-up areas are intensified”
8.3.5 The Provincial Policy Statement
The Provincial Policy Statement 2005, provides direction to municipalities on land

use planning and development matters with the goal of enhancing the quality of life
of Ontario’s residents. The Policy Statement lists a number of resources which
provide important environmental, economic and social benefits with cultural heritage
and archaeological resources being included as one. “The wise use and
management of these resources over the long term is a key provincial interest”.
It that “Ontario’s long-term prosperity, environmental health, and social well-being

depend on protecting…cultural heritage and archaeological resources for their
economic, environmental and social benefits”. The specific policies in regards to
cultural heritage and archaeological resources are as follows:
Significant built heritage resources and significant cultural heritage

landscapes shall be conserved.
Development and site alteration shall only be permitted on lands containing

archaeological resources or areas of archaeological potential if the
significant archaeological resources have been conserved by removal and
documentation, or by preservation on site. Where significant archaeological
resources must be preserved on site, only development and site alteration
which maintains the heritage integrity of the site may be permitted.
46
Development and site alteration may be permitted on adjacent lands to
protected heritage property where the proposed development and site
alteration has been evaluated and it has been demonstrated that the
heritage attributes of the protected heritage property will be conserved.
Mitigative measures and/or alternative development approaches may be

required in order to conserve the heritage attributes of the protected heritage
property affected by the adjacent development or site alteration.
To assist with interpretation of the Provincial Policy Statement clear definitions have
been provided for the terms built heritage resources, cultural heritage landscapes,
heritage attributes, protected heritage properties, significant, and conserved.
8.3.6 The Ontario Heritage Act
The Ontario Heritage Act was originally initiated in 1975. In 2004 the Province of
Ontario introduced Bill 60, An Act to Amend the Ontario Heritage Act, which
proposed comprehensive amendments to the Ontario Heritage Act that could
strengthen and improve heritage conservation in Ontario. Bill 60 received Royal
Assent in 2005 thereby providing municipalities with legislative tools that could be
utilized at the local level. The key changes to the Ontario Heritage Act are as
follows:
New Municipal Powers to Prevent the Demolition of Heritage Sites
Owners of designated heritage properties are to apply to Council to obtain a

demolition permit. Council has 90 days in which to consult with its municipal
heritage committee and either consent to the application as filed, consent to the
application with conditions, or refuse the application. The owner has the right to
appeal the decision of Council to the Ontario Municipal Board.
New Provincial Powers to Identify, Designate, and Prevent the Demolition of

Provincial Heritage Sites
The Minister of Culture can designate and prohibit the demolition of provincially
significant heritage property, upon consultation with the Ontario Heritage Trust.
Clear Standards and Guidelines for Provincially Owned Heritage Property
The Minister of Culture, in consultation with any affected ministries and agencies,
may now prepare heritage standards and guidelines which set out the criteria and
the process for the identification of property of cultural heritage value or interest
which is owned or controlled by the Province. Standards can also be set for the
protection, maintenance, use and disposal of these properties.
47
Improvements to the Municipal Designation Process
The changes to the Ontario Heritage Act have prompted the Ministry to develop
criteria for determining cultural heritage value or interest (Regulation O.Reg.9/06)
that municipal heritage committees can use to evaluate the cultural heritage
significance of a property and its potential for designation. Municipalities are now
able to list non-designated heritage sites, they can set minimum maintenance
standards for designated properties, and easily update designation by-laws. Council
has been given the authority to delegation the approval of minor alterations to
designated properties within heritage conservation districts to staff. Newspaper
notice requirements have been shortened for designations and all de-designations
require public notification.
Strengthened Protection for Heritage Conservation Districts
All heritage conservation districts must now have a district plan and accompanying
guidelines. Minor alterations can be exempted from obtaining approvals. Interim
controls can be placed on areas that are being studied for their potential as a
heritage district and designation by-laws are now registered on title of each property.
Increased Provincial Protection for Significant Marine Heritage Sites
Access to significant marine heritage sites are not permitted without a site-specific
license.
Enhanced Provisions to Conserve Archaeological Resources
Fines for the illegal alteration of archaeological sites have been increased, and the
Province is now able to inspect archaeological fieldwork and sites and provide public
access to certain archaeology information collected.
Streamlined Provisions for Provincial Heritage Agencies
The Ontario Heritage Foundation was renamed to the Ontario Heritage Trust and its
mandate was amended to include a natural heritage role. The administrative powers
of the Conservation Review Board was increased and the minimum number of
members was set at five.
Further Amendments and Regulations
A further amendment to the Ontario Heritage Act since 2005 now permits Council to
list non-designated properties that it believes to be of cultural heritage value or
interest on its municipal Register. Council is to consult with its municipal heritage
committee prior to adding or removing a property from the Municipal Register.
Extracts can be obtained from the Register upon payment of a fee that is set by the
Municipality by by-law.
48
Should a non-designated cultural heritage resource be listed on the Register a
property owner must give Council 60 days notice in writing of their intention to
demolish or remove the building or structure. Council may determine the plans and
information that are required in order to review an application for removal or
demolition.
In January of 2006 the Province released Regulation O.Reg. 9/06 which established
standardized criteria which municipalities can utilize for determining a property’s
cultural heritage value or interest under the Ontario Heritage Act.
Recommendations for individual property designation under Part IV of the Act are to
be measured by this criteria. Properties may be designated if they have a design or
physical value, have a historical or associative value, or a contextual value. In
setting the standard for defining design or physical value the criteria states that
consideration is to be given because the property “is a rare, unique, representative
or early example of a style, type, expression, material or construction method”.
Heritage properties are generally thought of as being older buildings. This new
criteria indicates that age is not the only factor that defines a property as being of
cultural heritage value.
Section 27 (1.2) of the Ontario Heritage Act states that non-designated properties
may be added to the municipal Register and the listing is to contain “a description of
the property that is sufficient to readily ascertain the property”. This would imply
that listing by municipal street address maybe sufficient. Being on the municipal
Register as a non-designated property will impose restrictions on demolition for
property owners. As a means of justifying why a property has been listed on the
Register consideration should be given to measuring the property against the criteria
listed in O.Reg. 9/06 and including the results as the statement of cultural heritage
value and the description of the heritage attributes.
8.4 Proposed Directions
The current Clarington Official Plan heritage policies require minor amendments to
bring them up to date with new provincial legislation policies and the changes to the
Ontario Heritage Act. The following changes are suggested:
The Growth Plan for the Greater Golden Horseshoe indicates that the conservation
of cultural heritage is a valuable resource that should be considered as built-up
areas are intensified. In recognition of the Plan’s promotion of “A Culture of
Conservation”, it is suggested that the goal of cultural heritage be expanded to
include the term of “a culture of conservation”.
The term “preservation” implies that change is not permitted and buildings must be
preserved in their original state. Provincial legislation uses the terms “conservation”
and conserve when referring to cultural heritage resources as the intent is to
49
manage change, not prevent it from happening. It is suggested that the Official Plan
polices use the same terms.
There is no consistent term used in provincial legislation for describing resources

that have cultural heritage value. It is suggested that the term “cultural heritage
resources” be used in the Official Plan and that a definition be included that states
that these are built heritage resources, cultural heritage landscapes and
archaeological resources. These three features should be individually defined as is
articulated in the Provincial Policy Statement.
The Ministry of Culture requires that the location of all archaeological sites remain
confidential. This should be noted as a policy of the Official Plan.
The Provincial Policy Statement contains a specific regulation in regards to

development and site alteration on a property that is adjacent to a protected heritage
property noting that demonstration is required that the heritage attributes of the
property will be conserved. Protected heritage properties and conserved are defined
in the Statement. Protected heritage properties are those that are designated or
have an easement registered on title under the Ontario Heritage Act, or have a
covenant or agreement registered on title. This definition should be included in the
Official Plan. The definition of conserved refers directly to cultural heritage and
archaeological resources and states the intent to see these features retained. It is
suggested that “this may be addressed through a conservation plan or a heritage
impact assessment”. In order to clearly articulate the Province’s goals it is
suggested that the Official Plan contain a requirement that a Cultural Heritage
Resource Impact Statement be prepared for sites adjacent to protected heritage
properties.
The demolition of cultural heritage resources can only be halted through formal
designation under the Ontario Heritage Act. As it is the property owners decision
whether they retain a non-designated heritage building on a property or have it
demolished, it is suggested that a provision be included in the Official Plan that
would encourage the salvage of architectural features and the documentation of the
building and site in the event that demolition is inevitable.
Beech Avenue, Bowmanville, is a designated Heritage Conservation District so it

should be included in the list of cultural heritage landscapes.
The Provincial Statement contains specific wording in regards to the development

and site alteration of lands containing archaeological resources. Their requirement
should be included in the policies of the Official Plan.
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8.5 Proposed Policy
Goal
To promote a culture of conservation that will support cultural achievements,
foster civic pride, strengthen the local economy and enhance the quality of life
for Clarington residents in the conservation, restoration and utilization of the
Municipality's cultural heritage resources.
Objectives
To identify, list and designate the Municipality’s cultural heritage resources in
accordance with the Ontario Heritage Act:
To encourage the conservation, protection and maintenance of cultural

heritage resources.
To support community efforts and events that celebrate the cultural heritage
of the Municipality.
Policies
The Municipality, with the advice and assistance of the Clarington Heritage
Committee (CHC), will:
 prepare and maintain a list of cultural heritage resources;

 support the conservation of listed cultural heritage resources;
 designate any such cultural heritage resource pursuant to the Ontario
Heritage Act;
 assist property owners in obtaining funding for cultural heritage
resource conservation projects; and
 undertake the periodic review of the CHC's structure and mandate.
Where a cultural heritage resource is designated under the Ontario Heritage Act or
is recognized on the cultural heritage resources list, the Municipality will:
 allow alterations, renovations, additions or repairs provided the

proposed changes are compatible and consistent with the building and
the surrounding area in terms of building materials, colour, height,
scale and design including windows, doors and roof lines;
 discourage the demolition or the inappropriate alteration of a cultural
heritage resource;
 require infill buildings to be compatible and consistent with the
surrounding buildings and streetscape in terms of building materials,
height, width, scale, colour, setback and design including windows,
doors and roof lines;
 keep confidential the existence and location of archaeological sites to
maintain their protection;
51
 prepare urban design guidelines governing the alteration, development
or redevelopment of districts or neighbourhoods; and
 consider the conservation of cultural heritage resources in the
placement or modification to infrastructure.
Wherever possible, built heritage resources should be retained for the original use
and in their original location. Where the original uses cannot be maintained, the
adaptive reuse of built heritage resources will be supported. If no other alternative
exists for maintaining structures in their original location, consideration may be given
for the relocation of the structure.
Development and site alteration may be permitted on adjacent lands to protected

heritage property where the proposed development and site alteration has been
evaluated through a Cultural Heritage Resource Impact Assessment and it has been
demonstrated that the heritage attributes of the protected heritage property will be
conserved. Mitigative measures and/or alternative development approaches may be
required in order to conserve the heritage attributes of the protected heritage
property affected by the adjacent development or site alteration.
In achieving its cultural heritage objectives, the Municipality will:
 promote public awareness and appreciation of cultural heritage resources;

 encourage the salvage of architectural features and the documentation of
the cultural heritage resource in the event that demolition is inevitable;
 encourage the private sector to support the conservation of cultural
heritage resources;
 support and promote the Clarington Museums and Archives;
 restore, rehabilitate, enhance and maintain Municipally-owned cultural
heritage resources; and
 consider, in co-operation with the development industry, the development
of a heritage subdivision to accommodate the relocation of heritage
structures which cannot be incorporated into new developments.
In consideration of cultural heritage resources, the Municipality has identified the

following cultural heritage landscapes of importance:
 the Beech Avenue, Bowmanville, Heritage Conservation District

 the commercial heritage downtowns of Bowmanville, Newcastle and
Orono and their adjacent heritage residential areas;
 the Lake Ontario waterfront, particularly the lands east of Bond Head;
 the Oak Ridges Moraine, particularly those lands within the Ganaraska
watershed; and
 the Lake Iroquois Beach.
Where development will cause an impact to archaeological resources or areas of

archaeological potential, an archaeological assessment will take place in
52
accordance with provincial guidelines. Development and site alteration shall only be
permitted on lands containing archaeological resources or areas of archaeological
potential if the significant archaeological resources have been conserved by removal
and documentation or by preservation on site. Where significant archaeological
resources must be preserved on site only development and site alteration which
maintains the heritage integrity of the site may be permitted.
Add to definitions section:
Cultural Heritage Resource:

means archaeological resources, built heritage resources and cultural
heritage landscapes as further defined in this section
Protected Heritage Property:

means real property designated or subject to an easement under the
Ontario Heritage Act, and property that is subject to a covenant or
agreement registered on title with the purpose of preserving,
conserving and maintaining the cultural heritage resource
Built Heritage Resource:

means one or more significant buildings, structures, monuments,
installations or remains associated with architectural, cultural, social,
political, economic or military history and identified as being important
to a community. These resources may be identified through
designation or heritage conservation easement under the Ontario
Heritage Act, or listed by local, provincial or federal jurisdictions.
Cultural Heritage Landscape:

means a defined geographical area of heritage significance which has
been modified by human activities and is valued by a community. It
involves grouping(s) of individual heritage features such as structures,
spaces, archaeological sites and natural elements, which together form
a type of heritage form, distinctive from that of its constituent elements
or parts. Examples may include, but are not limited to, heritage
conservation districts, designated under the Ontario Heritage Act; and
villages, parks, gardens, battlefields, mainstreets and neighbourhoods,
cemeteries, trailways and industrial complexes of cultural heritage
value.
Archaeological resources:
includes artefacts, archaeological sites and marine archaeological
sites. The identification and evaluation of such resources are based
upon archaeological fieldwork undertaken in accordance with the
Ontario Heritage Act..
53
Section 3
Environmental Impact Studies
54
9.0 Environmental Impact Studies
An Environmental Impact Study is an objective assessment of a development

proposal in or adjacent to significant natural areas or features of interest and
whether the proposed development might reasonably be expected to change the
biological and physical characteristics and/or integrity of an area and to what extent.
The EIS identifies anticipated adverse impacts of a proposal on the significant area
or feature and recommends ways to avoid or minimize these effects and enhance
the area if feasible.
The Clarington Official Plan (Section 4.4.35) requires that an Environmental Impact
Study be prepared for any development application located on or adjacent to a
Natural Feature identified on the Natural Features Maps of the Official Plan.
9.1 Discussion
In 1996, when the requirement for the preparation of EIS studies was introduced in
the Official Plan, the number of qualified professionals and understanding of how to
prepare an EIS was limited. The field of expertise has grown, as has the
understanding of what the requirements for an acceptable EIS study are.
The EIS Guidelines have been modified a number of times since 1996 all with the
intention to make the process less cumbersome. In March of 2007 the EIS
Guidelines were slightly modified in attempts to meet the requirements of the
definition of “complete application” as set out in Bill 51. This means that in order for
a development application which requires an EIS, to be deemed complete, a
mutually agreeable Terms of Reference has been prepared, a proposal has been
submitted by a consultant from the Roster and the proponent has paid for the EIS to
be undertaken. This modification to the guidelines was not intended to be a
permanent; and further amendments are intended to make the EIS process more
consistent with Bill 51’s complete application requirements.
It is recommended that the municipality no longer maintain an EIS roster. Rather,

similar to all other studies required by a development application the hiring of a
qualified consultant will become the responsibility of the proponent. The Municipality
and C.A’s will be involved in setting out the terms of reference for the work and
review of the results. Should the Municipality or C.A. not be satisfied with the study
or its recommendations, the option will be to have the study peer reviewed.
The Roster of consultants was created through a call for Expressions of Interest and
Pre-qualifications Proposals. Upon review of the Expressions Staff recommended to
Council the selection of three consulting firms for each area of discipline (Earth
Science and Hydrogeology; Terrestrial Resources; and Aquatic and Fishery
Resources). These firms comprise the Municipality's roster. The latest roster has
been in place for four years (three years plus a one year extension). This Roster
55
process is costly and time consuming for the consultants, it also limited the
Municipality to using the consultants listed on the roster. In recent years, the
consultants have been so busy they were unable to complete the work in a timely
manner.
Staff have consulted with the Manager of Purchasing and staff from Central Lake
Ontario Conservation Authority and the Ganaraska Region Conservation Authority,
and internal Planning staff, all of whom are familiar with the previous process
regarding further modifications to the EIS guidelines. All agreed that the most
important aspects of the EIS are the terms of reference, the ongoing consultation
between the Municipality and Conservation Authority and the knowledge, experience
and expertise of the qualified professionals charged with carrying out the study.
The major change proposed to the EIS guidelines is providing the ability of the
proponent to hire the EIS consultant directly. Previously the proponent provided the
funding to the Municipality and the Municipality engaged the consultant on behalf of
the proponent. This is the only Study required by the Municipality where this
process applied. Other required studies, such as storm management, traffic impact
analysis, market impact analysis, etc. do not follow this process, rather the
proponent has the ability to engage whomever they chose while meeting the
requirements of the Municipality.
The requirements brought into place by Bill 51 with regard to “complete applications”
and the formalization of the preconsultation process have shifted the requirements
for studies to the beginning of the planning process. In addition, the requirement of
the proponent to consult with the Municipality in advance of submitting an application
allows for a better understanding by the proponent and Staff of the studies
necessary for a development application. As such, Staff believes the requirements
for the EIS studies can be addressed during preconsultation.
One of the challenges for the proponents is the requirement that studies be in hand
for an application to be considered complete. An application will not be processed
unless it is deemed complete. In the case of an EIS this means that four season
field work and the subsequent analysis has to be carried out in advance of an
application. As such, Staff’s involvement in creating the terms of reference is
important and has been reflected in the proposed process set out in the EIS
guidelines.
56
9.3 Proposed Policy
It is proposed that the second sentence of the first paragraph of Policy 4.4.35 be
replaced with the following new sentence:
“The Municipality will adopt Environmental Impact Study guidelines
outlining the process for the preparation of Environmental Impact
Studies by qualified professionals."
Official Plan Policy 4.4.35. An Environmental Impact Study shall be undertaken for
development applications located on lands within or adjacent to the Lake Iroquois
Beach, any natural heritage feature identified on Map C and any natural heritage
feature which may exist but which is not presently identified on map C but of which
notice is given in accordance with Section 4.4.9. The Municipality, in consultation
with the Region of Durham, the Conservation Authority and other agencies, will
select and retain qualified professional expertise to prepare the Environmental
Impact Study. The Municipality will adopt Environmental Impact Study guidelines
outlining the process for the preparation of Environmental Impact Studies by
qualified professionals. .The expense of the study shall be borne by the proponent.
The Study Shall
a) examine the functions of the natural heritage features;
b) identify the location and extent of natural heritage features
c) identify the potential impacts of the proposed development on the natural
heritage features and their ecological functions;
d) identify any lands to be preserved in their natural state;
e) identify mitigating measures to address the adverse affects of development on
the natural heritage features and their ecological functions, including setbacks
for development;
f) identify the potential for restoration and/or creation of wildlife habitat; and
g) examine the cumulative impact of the existing, proposed and potential
development, including the impact on groundwater function and quality.
57
10.0 REFERENCES
Planning Act, R.S.O. 2006, c. 23, s. 1 (1-4).
PPS, 2005
http://www.mah.gov.on.ca/Asset1421.aspx
Places to Grow
http://www.placestogrow.ca/images/pdfs/FPLAN-ENG-WEB-ALL.pdf
Bill 51
http://www.ontla.on.ca/bills/bills-files/38_Parliament/Session2/b051ra.pdf
DROP
http://www.region.durham.on.ca/departments/planning/dr_official_plan_2008/2008dropoc.pdf
Growing Durham
http://www.region.durham.on.ca/growthplan/consultant_reports/FINAL_RecommendedGrowthScenarioandPol
icyDirectionsReport_November17.pdf
Statistics Canada. 2007. Ottawa, Ontario (table). 2006 Community Profiles. 2006 Census. (Ottawa: Statistics
Canada Catalogue).
http://www12.statcan.ca/english/census06/data/profiles/community/Details/Page.cfm?Lang=E&Geo1=CSD&C
ode1=3518017&Geo2=PR&Code2=35&Data=Count&SearchText=Clarington&SearchType=Begins&SearchP
R=01&B1=All&Custom= (accessed September 16, 2008).
http://www.premier.gov.on.ca/news/Product.asp?ProductID=397
http://www.mah.gov.on.ca/Page338.aspx
Langston and Shen

http://www.ijspm.vgtu.lt/upload/property_zurn/ijspm%202007%20vol%2011%20no%204%20p%201
93-207.pdf
http://www.pc.gc.ca/progs/plp-hpp/itm1-/plp-hpp2a_E.asp
http://www.culturalheritagetourism.org/howToGetStarted.htm
http://www.unwto.org/aboutwto/why/en/why.php?op=1
http://portal.unesco.org/culture/en/ev.php-
URL_ID=11952&URL_DO=DO_TOPIC&URL_SECTION=201.html
http://www.culture.gov.on.ca/english/heritage/Ministry_Book_Eng.pdf
Ontario Heritage Act, R.S.O. 2002, c. 18, Sched. F, s. 2 (7)

Ontario Heritage Act, R.S.O. 2005, c. 6, s. 15.
Region of Peel. Regional Official Plan Amendment Number 20 Sustainability and Energy Policies.
December 17, 2008.
58

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DISCUSSION PAPER 2

Planning Tools ......................................................................................................................6

1.0 Local Appeal Bodies ...................................................................................................6

2.0 Community Improvement Plans ..................................................................................8

3.0 Protection of Employment Areas...............................................................................10

4.0 Conditional Zoning ....................................................................................................15

5.0 Community Benefits ..................................................................................................16

6.0 Urban Design ............................................................................................................21

7.0 Planning Administration ............................................................................................31

8.0 Heritage and Culture .................................................................................................41

Environmental Impact Studies ............................................................................................54

10.0 REFERENCES ...........................................................................................................58

In Clarington, an appeal of a committee of adjustment decision is heard by the OMB

Cost is of course a major consideration. The municipality would incur many

The appointment of members is also a significant point of discussion. To be viable,

A Community Improvement Plan (CIP) is a comprehensive community-based

2.1 Current Policy

2.3 Proposed Direction

2.4 Proposed Policy

 Proposed Amendment to Map I.

Subsequent to changes through Bill 51, an area of employment is defined in the

It is the intention of the Provincial government to ensure that municipalities can

3.1 Current Policy

(a) there is a need for the conversion;

The Durham ROP Policy 14.11.3 indicates that:

A request to convert land within the Employment Area designation to

Any application to convert lands within the Employment Area

Currently, sixty three percent (63%) of Clarington’s workforce is employed outside of

In order to build a complete community, it is also essential to link population and

3.3 Proposed Direction

Because this Official Plan Review is considered a municipal comprehensive review,

3.4 Proposed Policy

1. The conversion of lands within an employment area to a non-employment use

2. A request to convert lands within an employment area to a non-employment use,

Add definition of employment area be consistent with PPS.

3.5 OMB Case Studies

To address challenges associated with certain developments or to achieve locally

o Protection of natural features beyond the requirements of the Official Plan;

5.1 Current Policy

Some municipalities seem to have a basic misunderstanding as to the purpose of

For example. A development is proposed within an existing built up area that is

Many municipalities in Ontario already utilize the community benefits provisions

5.3 Proposed Direction

Add a new policy to Chapter 23 Implementation related to Community Benefits.

Community Benefits Considerations

e) Community benefits provisions shall be considered where the increased density

“Urban design is a key to making Implementing good urban design is an ongoing

6.1 Architectural Control

The regulation of exterior building design is commonly referred to as “architectural

6.1.1 Current Policy

In the past, the achievement of Municipal objectives in respect to exterior building

6.1.3 Proposed Directions

Bill 51 has provided for municipalities to regulate matters of architectural control

There are a variety of approaches to the incorporation of architectural control.

6.1.4 Proposed Policy

At the scale of neighbourhoods or individual properties, issues such as noise, light

However, compatibility may be more difficult to achieve in other situations. To

6.2.2 Current Policy

6.2.3 Proposed Direction

6.2.4 Proposed Policy

1. When evaluating compatibility of development applications, the Municipality

a) Traffic: Roads should adequately serve the development, with

e. Pattern of the Surrounding Community: Where the height, building