Tecumseh deputy mayor calling for return of public appeal rights on zoning decisions

The Town of Tecumseh town hall in Tecumseh, Ont. on Tuesday, Aug. 3, 2021

Tecumseh’s deputy mayor wants the Ontario government to restore some of the public’s ability to appeal zoning decisions.

Joe Bachetti will introduce a notice of motion at tonight’s meeting asking to send a letter urging the province to reinstate third-party appeal rights for zoning bylaw amendment applications under the Planning Act.

The motion calls for appeal rights to be restored with clear requirements, firm timelines, and safeguards against frivolous appeals.

Over the past few years, the province has passed several housing-related laws aimed at speeding up residential development approvals while also removing third-party appeal rights before the Ontario Land Tribunal.

A third party is someone who is not the applicant or developer and not the municipality. Previously, residents and community groups could appeal certain decisions to the OLT if they believed the municipality made the wrong decision or the development would negatively affect their community.

Bachetti says while municipalities support efforts to address the housing crisis, public oversight remains an important part of the process.

“To me, I know there’s been talk in other communities that if you want a well-functioning planning system, it has to balance efficiency with transparency, accountability, and public trust. So third-party appeal rights have historically contributed to this balance.”

He says the issue comes down to fairness and ensuring residents have the same opportunity to challenge decisions as developers.

“It’s not to cause frivolous delays. If a resident’s group is not happy and they want to make an appeal, they have to organize the residents; there’s a cost sometimes in the range of $50,000, they have to hire their own planner. But that gives them that opportunity to be able to appeal, which is fair.”

Bachetti says council should have the ability to make informed decisions on developments, and many municipalities are coming forward with concerns over this change.

“By taking that away is one-sided, and that’s what’s happened the last few years... a lot of communities are looking at this, asking for these third-party appeal rights to come back, to give that element of fairness back, gain that public trust. That public trust has been lost with this in the task of trying to expedite approval process for housing developments.”

If approved, the motion would see a letter sent to the Ontario Ministry of Municipal Affairs and Housing and the Ministry of the Attorney General requesting the changes.

At the end of May, Windsor City Council approved a motion to send a letter to the province asking for a review and for the restoration of third-party appeal rights.

Tecumseh council meets at 7 p.m.