Leave decision-making to those trained to make them

By Marshall Green Barrie Advance Sep 23, 2013
Land use planning today is a very complicated exercise. One has to consider environmental impacts (everything from noise pollution to ground water), infrastructure (Will the pipes handle the new development? What will the traffic impact be?) to finances (What impact will the development have on schools, libraries and other municipal services?). And there is the over-arching impact of the Provincial Policy Statement.
The province has set very strict guidelines on what Ontario should look like in 2031. It wants cities to be more compact, more transit friendly and surrounded by agricultural lands that are free from growth pressures.
One of the toughest fights now being fought at the Ontario Municipal Board is between the towns, townships and cities that want to grow to offer more to their residents, lower tax rates and provide more job opportunities, and the counties, regions and the province which want to protect Ontario’s foodlands, environmentally sensitive areas and leave more recreational spaces for the next generations. Which set of these politicians should be given the last say?
It’s fine to say politicians know best and that the next election is the best appeal.
However, even the best politicians (and the vast majority are very good, caring, public spirited individuals) are, in a word – political. Do we really want the potential of having decisions on the future shape of municipalities determined by who gets more people out to a public meeting? Or by which developer can afford the most persuasive consultants or, worse still, the most effective public relations team?
Clearly the OMB has its issues. The province has, during the past decade, robbed the board of its resources. The number of members is about half of its proper complement. While the appointment system is much better today than it has ever been, the amount members are paid and the amount they have to travel, often reflects who the board will attract – and negatively impacts the good members who do join the board.
And the world is much more complicated today, generally. Hearings now involve a variety of specialists. Often hiring such experts is way beyond the means of an individual objector or even a ratepayer group.
However, I have watched (and even helped) ratepayer groups defeat sophisticated proposals by a team of experts. I have also watched as the input from residents is reflected in additional conditions the board places on a proposal that has been fronted by a developer and supported by a municipality.
And while there is certainly much noise when the OMB turns overrides a council decision, my experience is that the number of local decisions supported by a municipality and approved by the board far outnumbers the opposite. Thus, the reason why both sides are always so anxious to have municipal support.
I think we should whole-heartedly support and work to improve a system where decisions that could affect our municipalities for generations, and which ultimately impact the province as a whole, are left to those who are trained to make the decisions, and who are independent of any specific influence.
Marshall Green is a partner at Barrie’s HGR Graham Partners LLP and acts for municipalities, the development community and ratepayers and ratepayer groups before the OMB.