Development

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Development Permit System
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The Outline

• 1. What is the DPS?
• 2. Key Benefits / Features
• 3. Steps to Implementation
• 4. Using the DPS
• 5. Integration of Planning Tools
• 6. What can you do to Promote a DPS in your
  Community?

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What is the DPS?

• New development approval framework combines three
  existing processes into one
• Optional new tool municipalities may choose to
  use
• Form of enhanced zoning which can include site
  plan matters, variation of development standards
  within specified limits and other key features
• Does not replace lot creation or building permit
  processes

Before
After
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Overview of Key Benefits / Features

• Streamlining
• The DPS combines three processes into one
  (zoning, site plan, and minor variance), thereby
  streamlining the overall application and approval
  process

• Expedites development by
• One application and approval
• Faster review timelines
• Ability to enhance application requirements
• Possible delegation of decisions on development
  permits to committee appointed by council or to a
  municipal employee

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Overview of Key Benefits / Features

• Flexibility
• The DPS allows for both permitted uses, and
  discretionary uses that may be allowed subject to
  criteria being met - which can be use to help
  facilitate mixed use development
• The DPS allows for variation of minimum or
  maximum development standards within specified
  limits

• For example
• Setback requirements could be varied based on
  unique characteristics of site without the need
  for a minor variance

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Overview of Key Benefits / Features

• Community Building
• The DPS allows for a broad range of conditions to
  be imposed before permit issuance (pre-permit) or
  on the issuance of a development permit
  (on-going), including conditions that can help
  municipalities build complete, healthy
  communities
• For example
• sustainable streetscape improvements
• provision of community facilities and services in
  exchange for the approval of certain heights and
  densities
• heritage preservation
• community/building design

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Overview of Key Benefits / Features

• Environmental Protection
• The DPS provides the ability to better protect
  the environment through ability to identify
  discretionary uses ability to apply a range of
  conditions and the definition of development,
  which includes site alteration and vegetation
  removal
• For example
• Municipalities could require proposals involving
  the removal of vegetation to be subject to a
  development permit

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Overview of Key Benefits / Features

• Community Involvement
• With the DPS, community involvement is focussed
  up-front, in establishing the overall vision for
  the community.
• The community vision is incorporated into the DPS
  official plan policies and development permit
  bylaw
• Once the DPS is in place, only the applicant can
  appeal decisions or non-decisions on development
  permit applications
• Any change to the official plan policies or
  development permit bylaw requires community
  involvement
• The DPS policy and appeal structure provides
  increased certainty, transparency and
  accountability in the planning process

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Steps to Implementation

• Council may choose to implement DPS in part, or
  all, of its municipality by adopting an official
  plan amendment and passing a development permit
  bylaw (with public input and appeal rights)
• Development Permits Regulation prescribes minimum
  contents for official plan DPS policies and
  development permit bylaw (which is passed under
  section 34 of the Planning Act)
• Process for adopting DPS official plan
  policies/passing development permit bylaw is
  similar to process for adopting other OPAs and
  passing zoning bylaws
• Municipality can issue development permits once
  official plan DPS policies and development permit
  bylaw are in effect
• While the DPS is being established (not in
  effect) existing zoning, site plan and minor
  variance processes continue to apply
• Once the DPS is in effect for an area, it
  replaces the individual zoning, site plan and
  minor variance processes for the DPS area.

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Official Plan Contents

• Regulation prescribes minimum contents. DPS
  Official Plan policies must
• Identify DPS area
• Set out scope of any delegation of authority and
  limitations
• Describe municipalitys goals, objectives,
  policies in proposing a DPS
• Set out types of conditions that may be included
  in development permit bylaw
• Set out types of criteria that may be included in
  development permit bylaw for evaluating
  discretionary uses/variations

• DPS Official Plan policies may
• Identify additional information and material
  requirements for a development permit application
  
• Exempt any class of development/use of land from
  the complete information and material
  requirements
• Include policies related to the provision of
  specified facilities, services, or matters in
  exchange for a specified density/height of
  development, or increases in density/height

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DP Bylaw Contents

• Development permit bylaw may
• Prohibit development/change in use without
  development permit
• Set out and define classes of development
• Set out possible range of variation from
  development standards
• Set out a list of classes or uses that may be
  permitted if criteria in the official plan and
  bylaw have been met
• Exempt any class of development/use of land from
  requirement for a development permit
• Set out criteria that shall be used in making
  decisions regarding development permits

• Regulation prescribes minimum contents.
  Development Permit bylaw must
• Describe DPS area, which must be within the
  boundaries of the area identified in the official
  plan
• Set out and define permitted uses
• Set out minimum and maximum development standards
  
• Describe any internal review procedures for
  development permit decisions
• Describe notification procedures for decisions on
  development permit applications
• Describe process for amending development
  permits, development permit agreements and
  pre-existing site plan agreements
• Outline any conditions of approval
• Set out scope of delegated authority, including
  any limitations
• Exempt placement of a portable classroom existing
  on January 1, 2007 from the requirement for a
  development permit

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Using the DPS Scenario 1
Cultural heritage protection (ability to require
technical studies to determine whether a proposed
use is appropriate and conserves the heritage
attributes of a heritage property)

The compatibility of new buildings with existing
community design could be ensured through
conditions related to the exterior design of
buildings
A patio could be permitted as a discretionary
use (avoiding a zoning by-law amendment or a
minor variance and site plan application)
Pedestrian friendly environment (authority to
secure sustainable streetscape improvements such
as landscaping, street furniture and lighting)
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Using the DPS Scenario 2
Maintain and improve the look of town centres
through enhanced authority to consider a wide
range of design issues such as exterior design
details of buildings, massing, building scale,
site layout, signage and landscaping
Provision of discretionary uses provided that
certain criteria are met (a designated heritage
industrial building adaptively reused)
Public art (ability to impose conditions related
to the provision of specified community services/
facilities in exchange for specified density or
height or increased thereof)
With the DPS, municipalities can secure
sustainable streetscape improvements such as
bicycle parking facilities, which provide for
alternative transportation opportunities
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Using the DPS Scenario 3
Flexible development standards (allows for a
specified range of possible variation from
established standards if certain conditions are
met, such as stepping back of additional height
to reduce shadowing)

Authority to consider the exterior design details
of buildings (such as architectural details,
texture and window details)
With the DPS, municipalities can secure
sustainable streetscape improvements such as
transit shelters
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Integration of Planning Tools

• Tools are Not Mutually Exclusive
• Many of the Planning Act tools can be used as
  part of a DPS or in combination with it to
  achieve desired results.

• Some Tools included in the DPS
• Minimum height and density efficient use of
  existing infrastructure
• Site Planning secures sustainable streetscape
  improvements and ensures high quality design
• Discretionary Uses can be use to help promote
  mixed use development

• Other Tools can be used in combination with the
  DPS
• Community Improvement Plan e.g., grants or loans
  could be provided for façade improvements

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What can you do to Promote a DPS in your
Community?

• Learn more about the DPS
• Visit the Ministry of Municipal Affairs Housing
  web site at www.mah.gov.on.ca/Page4755.aspx
• Talk with your Council
• Discuss the benefits of a DPS and how they could
  improve your BIA area and local economy
• Contribute to the Planning Process
• When your municipality is undertaking a planning
  exercise (e.g. an Official Plan review or
  developing a secondary plan), participate and
  identify opportunities to use the DPS in your
  community

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Additional Information
Additional information is available on the
Ministrys web site at www.mah.gov.on.ca/Page475
5.aspx
The information presented is provided as
background information to facilitate
understanding and implementation of the DPS. This
presentation deals in summarized fashion with
complex matters and reflects legislation,
policies and practices that are subject to
change.  It should not be relied upon when making
decisions related to land use planning matters. 
Users should refer back to the Planning Act and
Ontario Regulation 608/06 in such circumstances.