Appeal of Planning Application

(Committee of Adjustment) Fees.

The Urban Environment and Development Committee recommends the adoption of the following report (August 31, 1998) from the City Solicitor:

Purpose:

To advise of an appeal to the Ontario Municipal Board received pursuant to Section 69 of the Planning Act with respect to the amount of fees paid for minor variance and severance applications.

Financial Implications and Impact Statement:

There is a potential impact on the City's revenue source if the planning application fee is not upheld by the Ontario Municipal Board.

Recommendation:

That the City Solicitor be directed to attend at the Ontario Municipal Board in support of Council's fee schedule for planning applications.

Council Reference/Background/History:

Mr. A. Neil Craik, solicitor for Stanley Makuch-in trust, has appealed the Committee of Adjustment fees with respect to minor variance and severance applications for 735 Craven Road in the former City of Toronto to the Ontario Municipal Board pursuant to Section 69 of the Planning Act.

Section 69 of the Planning Act provides that Council of a municipality may by by-law establish a tariff of fees for the processing of applications made in respect of planning matters which shall be designed to meet only the anticipated cost to the municipality or to a Committee of Adjustment of processing each type of application. Section 69(3) further provides that any person may pay the application fee under protest and thereafter appeal to the Ontario Municipal Board against the levying of the fee or the amount of the fee. The new fees for planning applications were harmonized and established effective May 1, 1998.

Conclusions:

It would be appropriate to direct the City Solicitor to attend at the Ontario Municipal Board with respect to the appeal filed in support of Council's fee schedule for planning applications.

Contact Name:

Ms. Anna Kinastowski, Director, Planning and Administrative Tribunal Law, 392-0080.

Fax: 392-0024.