Ontario's growth boundary rule change could cost Londoners if city isn't careful: ex-city planner
Individual applications, appeals could impact other planning projects, says city staff
Updated provincial planning rules taking effect on Sunday are consistent with London's development master plan, and should help open up the opportunity for more housing and growth, the city's former director of planning says.
However, changes to how and when developers can apply to build outside the urban growth boundary could have unintended consequences, and undermine London's inward and upward development goals, cautions John Fleming.
The boundary restricts where development can occur within the city limits. Up until now, changes to it came every five to 10 years when the city reviewed its official plan to ensure it has enough available land to meet 25-year growth projections.
The new provincial planning statement (PPS) does away with the review requirement, allowing developers to apply for changes at any time individually.
Without a macro, city-wide review, London could find itself growing in ad hoc ways that could cost taxpayers and prematurely encroach on agricultural land, said Fleming, who now heads a planning and design consultancy.
"If we're expanding beyond our needs for the average Londoner, that means that we're probably spending more money to grow than we need to through service and utility expansion, he said.
Municipal Affairs and Housing Minister Paul Calandra unveiled the new PPS in August, saying it would ensure the groundwork is laid for a long-term building boom as the economy improves.
It comes amid the province's pledge of 1.5 million new homes by 2031. London has pledged 47,000, and had added nearly 9,000 units by Aug. 31, a recent staff report said.
"The key is that local municipalities like London do this in a measured way, and not just as a knee-jerk reaction [to] approve all requests," Fleming said.
He acknowledged council may be reluctant to refuse, concerned it could be overturned by the Ontario Land Tribunal, as developers can now appeal urban growth boundary decisions.
"I'm always leery when the province takes more power away from a municipality's discretion to plan a community the way they want to."
The city had advised the province the change would see a "tremendous resource need" to deal with applications and appeals "with no possibility of success on the part of the applicant."
Justin Adema, London's manager of long range planning, worried applications and appeals could gum up other planning business as the city works to meet housing targets.
"That's going to be a huge drain on our resources," Adema said. "These are not the kind of things we can ignore … It takes a lot of time and effort to prepare for a hearing at the Ontario Land Tribunal."
However, he noted it was unlikely the boundary would be altered significantly through ad hoc applications.
WATCH | What's being planned for London's former psychiatric hospital grounds
London is currently conducting a land needs assessment to determine whether an urban growth boundary change is needed, he said. The city needs to add at least 450 hectares of land to the boundary to meet projected growth, a June staff report said.
The new PPS also requires municipalities use the Ministry of Finance's 25-year growth forecasts for planning, rather than their own, such as those approved by council in December 2022.
The city expressed transparency concerns about the ministry's forecasts, which Adema said were higher than the city's — 28,374 units higher, according to a staff report.
Mike Wallace, executive director of the London Development Institute, said developers were happy with the new PPS and the switch to ministry projections. He said developers wish the new rules came sooner.
Established in 1996, the boundary hasn't changed considerably in more than 20 years. The new rules bring flexibility to update it on a more consistent basis with what's happening in the market, he said.
"We're doing a land needs assessment right now. If they do it right and plan for the next 25–30 years… there will not be a plethora of individuals trying to bring lands inside the urban growth boundary," he said.
Wallace believes a new boundary encompassing that growth should accommodate a vast majority of applicants.
"London has positioned itself economically that this is an area where people will want to come and do business" which will drive housing demand, he said.
"We're one of the fastest-growing communities in all of Ontario and Canada, and we do not see that slowing down."
ABOUT THE AUTHOR
With files from Andrew Lupton and Elyse Skura