Planning Committee advances new boundary for residential development in London despite First Nation’s request for consultation

The Planning and Environment Committee unanimously supported an expansion to London’s urban growth boundary despite calls for more consultation.

The Planning and Environment Committee unanimously supported an expansion to London’s Urban Growth Boundary (UGB), despite of a letter from the Chippewas of the Thames First Nation seeking more time for consultation.

On Tuesday, the committee debated sending a final map showing a 30-year supply of new properties added within the UGB to Ontario’s Ministry of Housing and Municipal Affairs for approval.

The UGB is a powerful planning tool intended to prevent sprawl by restricting where residential development can occur within the city limits.

The first expansion in decades, the financial stakes are high for developers because a consultant’s report estimated land values increase 5.5x to 8x higher when included within the boundary.

However, a letter from Chief Miskokomon of the Chippewas of the Thames First Nation (COTTFN) requested more time for consultation, in part because their new Council was just elected in the summer.

“We are concerned to learn that the final proposal was referred to the Planning and Environment Committee for Dec. 2 without our comments. The duty to consult and accommodate requires transparency and sufficient time to understand and deliberate on proposed actions,” the letter reads.

The letter includes a map proposing a buffer area along the western edge of the city.

Coun. Skylar Franke suggested delaying approval of the UGB until mid-January to permit time for consultation with COTTFN.

“Council endorsed properly consulting with Indigenous Nations on land planning matters in our, Reconcili-Action Plan,” Franke reminded colleagues. “As well, Chippewas of the Thames First Nation does have a consultation protocol that includes municipalities as proponents. I believe our stated commitments should match our actions.”

Deputy Mayor Shawn Lewis said there were a number of meetings between city staff and COTTFN staff during the map’s development, as well as opportunities to attend public meetings.

Lewis added, “Chippewas of the Thames First Nation has had the maps for the community growth and protected natural heritage features, not just to the west that they raised some issues about, but the full map since June. We’re not rushing this folks. We have had consultation.”

“It’s a matter of federal, Constitutional and Indigenous Rights law,” argued Coun. Sam Trosow.

Trosow asked several questions about the city’s duty to consult with First Nations, but none of the Councillors on the committee supported his request to receive answers from the city’s lawyer in a confidential session.

“The mayor has had multiple discussions with Chief Miskokomon, and some of those communications have been on the public agenda, and some of them have been through phone calls, one of which was this morning,” Deputy Mayor Lewis told the committee. “There comes a point when there’s a decision point-- and we’re at that decision point.”

That decision was unanimous (6-0) to recommend sending the new Urban Growth Boundary to the provincial government for consideration and approval.

Lewis said there would be an opportunity during that provincial process for First Nations to be consulted.

Franke and Trosow are not members of the Planning and Environment Committee, so they couldn’t vote.

Both said they’ll bring their concerns to the Council meeting on Dec. 16 when a final decision is made.