Delegation of Consent Approval Authority
to the Committee of Adjustment (Scarborough)
The Urban Environment and Development Committee recommends the adoption of the recommendations of the
Scarborough Community Council as contained in the transmittal letter (April 28, 1999) from the City Clerk which
recommends the status quo in regard to Consent Approvals, i.e. that the Director of Community Planning, East
District, retain approval authority until Council has dealt with the "New Practices" report.
The Urban Environment and Development Committee submits the following transmittal letter (April 28, 1999) from
the City Clerk, Scarborough Community Council:
Recommendation:
The Scarborough Community Council recommends the status quo in regard to Consent approvals, i.e., that the Director of
Community Planning, East District, retain approval authority, until Council has dealt with the "New Practices" report.
Background:
The Scarborough Community Council, at its meeting on April 28, 1999, had before it a communication (April 9, 1999)
from the City Clerk, referring a report (March 8, 1999) from the Commissioner of Urban Planning and Development
Services, respecting the delegation of Consent approval authority under Section 54 of The Planning Act to the Committee
of Adjustment (Scarborough) in order to achieve harmonization of this practice City-wide, with the request that the
Community Council comment thereon and report back to the Urban Environment and Development Committee.
The Urban Environment and Development Committee also submits the following report (May 6, 1999) from the
Commissioner of Urban Planning and Development Services:
Purpose:
To provide additional information supporting the recommendation, that City Council delegate consent approval authority
under Section 54 of the Planning Act, to the Committee of Adjustment (Scarborough), as outlined in the report (March 8,
1999) from the Commissioner of Urban Planning and Development Services.
Financial Implications:
The recommendation in this report has no financial impact.
Recommendation:
It is recommended that City Council amend Clause 2, City of Toronto By-law No. 671-1998 to delegate approval authority
for consent applications to the Committee of Adjustment (Scarborough), instead of the Director, Community Planning (East
District).
Discussion:
On April 28, 1999, Scarborough Community Council directed that Urban Environment and Development Committee be
advised that delegated consent approval authority be retained by the Director, Community Planning, East District. It should
be noted that this practice was an interim policy, adopted by the former City of Scarborough in 1997, to accommodate the
election and subsequent amalgamation period. In May 1998, Scarborough Community Council endorsed this practice,
pending the review and adoption of City-wide procedures.
A preliminary review of consent granting approval authority in the former municipalities has revealed that, except in the
former City of Scarborough, approval authority was delegated to the Committee of Adjustment.
The recommendation, contained in the report (March 8, 1999) to Urban Environment and Development Committee, will
simply serve to harmonize this practice city-wide, prior to City Council's consideration, later this year, of a report and
comprehensive delegation bylaw regarding all development application approvals.
It should be emphasized that, under the current practice in Scarborough, consent applications involving a minor variance
application require two separate approval authorities to facilitate a development proposal. This practice minimizes
opportunity for public involvement in the consent decision making process. More importantly, however, it challenges the
professional capacity of the Director, Community Planning to approve a consent application, in cases where Community
Council lodges an appeal to a Committee of Adjustment decision regarding a related minor variance application.
It is therefore recommended that Urban Environment and Development Committee adopt the recommendation contained in
the report (March 8, 1999) from the Commissioner, in order to achieve a consistent, City-wide consent practice at this time.
Contact Name:
Ted Tyndorf, MCIP, RPP
Director of Community Planning, East District
Scarborough Civic Centre
Telephone: (416) 396-7343
Fax: (416) 396-4265
E-mail: Tyndorf@city.scarborough.on.ca
The Urban Environment and Development Committee also submits the following report (March 8, 1999) from the
Commissioner of Urban Planning and Development Services, which was referred by the Committee on March 31,
1999 to the Scarborough Community Council for comment:
Purpose:
To recommend that City Council delegate consent approval authority under Section 54 of the Planning Act, to the
Committee of Adjustment (Scarborough), in order to achieve harmonization of this practice city-wide.
Financial Implications:
The recommendations in this report have no financial impact.
Recommendations:
It is recommended that:
1.City Council amend Clause 2, City of Toronto By-law No. 671-1998 to delegate approval authority for consent
applications to the Committee of Adjustment (Scarborough), instead of the Director, Community Planning (East District).
2.This report be forwarded to Scarborough Community Council for comments, prior to the introduction of the necessary
Bill in Council.
Background:
Council of the former City of Scarborough delegated approval authority, under Section 54 of the Planning Act, for consent
applications to the Commissioner of Planning and Buildings on June 10, 1997 by confirmatory By-law No. 25148. This
approval authority was subsequently transferred and delegated by City Council to the Director, Community Planning (East
District), on October 2, 1998 by City of Toronto By-law No. 671-1998.
Discussion:
The delegation of consent granting authority to an appointed officer, as permitted in the Planning Act, was an interim policy
and practice of Scarborough, during the amalgamation period. Prior to amalgamation the approval authority was delegated
to the Planning and Buildings Committee, (Committee of Council), or during Councils' summer recess or election breaks,
to the Committee of Adjustment.
Delegation to an appointed officer may provide a more efficient process for considering consent applications which are
generally technical in nature, such as establishing easements and rights-of way, long term leases or clarifying land titles.
This practice however, does not provide opportunity for consideration of community and planning issues in a public forum
on consent applications affecting development in a neighbourhood, such as the creation of infill lots through severance.
Delegation of consent approval authority to a Committee of Adjustment would provide the applicant and surrounding
property owners opportunity for input into the decision making process in an open, public forum.
Consent applications involving an existing or proposed development project will also often require a minor variance
application. In these cases, the Committee of Adjustment would be in a position to hear both applications at the same time.
This would ensure public consideration of any issues regarding both applications, provide for a single approval authority to
facilitate the proposal and provide opportunity for public involvement in the joint decision making process.
Except in the former City of Scarborough, consent approval authority was delegated to the Committee of Adjustment. In
order to achieve a consistent, City-wide, consent practice at this time, it is recommended that consent approval authority be
delegated to the Committee of Adjustment (Scarborough).
Contact Name:
Ted Tyndorf, MCIP, RPP
Director of Community Planning, East District
Scarborough Civic Centre
Telephone: (416) 396-7343
Fax: (416) 396-4265
E-mail: Tyndforf@city.scarborough.on.ca
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The Urban Environment and Development Committee also had before it the report (April 7, 1999) from the City Clerk
(Urban Environment and Development Committee), addressed to the Scarborough Community Council, which was
forwarded to all Members of Council with the agenda of the Urban Environment and Development Committee for its
meeting of May 17, 1999, and a copy thereof is on file in the office of the City Clerk.
