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But the OMB has got to go. It infantilizes city government. No other level of government has to endure a review of whether it's actions were consistent with it stated intentions.

Seriously? The city infantilizes itself. If Council cleaned up its act and set up a framework by which planning would be undertaken on a principled, policy-led basis, it would render the OMB irrelevant, and the tribunal would likely be done away with (at least in respect of Toronto). Instead, the City continues to plan on the basis of good politics, not good planning, and we end up with the knee-jerk planning instruments that were so roundly dismissed in this decision. There is a good reason why successive provincial governments of all political stripes have as a matter of course ignored Toronto's whining about the OMB. I'm sorry, but the OMB is not the problem. It's a symptom, however, and it's within the City's powers to clean up its act and take control. Until that happens, however, Toronto is much better served by the OMB than it is by Council in respect of most planning matters. Sad, but true.
 
Can you give some examples of times when the OMB was justified in siding with a developer despite the city's objections?

Council isn't perfect, but at least the residents of the city elect them. Who's the OMB accountable to?
 
Seriously? The city infantilizes itself. If Council cleaned up its act and set up a framework by which planning would be undertaken on a principled, policy-led basis, it would render the OMB irrelevant, and the tribunal would likely be done away with (at least in respect of Toronto). Instead, the City continues to plan on the basis of good politics, not good planning, and we end up with the knee-jerk planning instruments that were so roundly dismissed in this decision. There is a good reason why successive provincial governments of all political stripes have as a matter of course ignored Toronto's whining about the OMB. I'm sorry, but the OMB is not the problem. It's a symptom, however, and it's within the City's powers to clean up its act and take control. Until that happens, however, Toronto is much better served by the OMB than it is by Council in respect of most planning matters. Sad, but true.

+1... this applies not just to Toronto but to practically every municipal council and probably a lot of the committees of adjustment (at least the ones I have worked with...). The OMB is the scapegoat for councillors too afraid (politically) to make the right planning decision. Millions of taxpayer dollars get wasted on hearings that should never have taken place.

I like the British system... only the applicant can appeal. Qualified independent planning inspectors can decide the appeal and they can just be decided in writing. about 80% of appeals decided through the written procedure, 16% by hearings, 4% by public inquiries. The State can decide more important appeals.

Another interesting thing about the UK system is that planning applications for shopping centres over 20 000 sq m must be referred to the secretary of state (although that may have changed with recent planning reforms)

The secretary of state has the power to "call in" major planning applications when there are issues of more than local importance, such as something conflicting with national policy, something with wide effects beyond the local area, something with significant regional controversey, etc... we have this in a way, but I think it is only used in the appeal process, is it not?
 
Can you give some examples of times when the OMB was justified in siding with a developer despite the city's objections?

There was that case where a developer wanted to build 3 town homes -the horror- near Yonge/Finch (the junction of two "Avenues" and an intensification zone, as per the OP...) and the local councilor was pressured by NIMBY groups. The OMB rightly ruled that the developer was well within his rights to develop the town homes.

As if to further prove City Council's infantile behavior, the councilor then proceded to try to rename the street on which the development was to occur "OMB folly." Loaded full of class, buddy.
 
Seriously? The city infantilizes itself. If Council cleaned up its act and set up a framework by which planning would be undertaken on a principled, policy-led basis, it would render the OMB irrelevant, and the tribunal would likely be done away with (at least in respect of Toronto). Instead, the City continues to plan on the basis of good politics, not good planning, and we end up with the knee-jerk planning instruments that were so roundly dismissed in this decision. There is a good reason why successive provincial governments of all political stripes have as a matter of course ignored Toronto's whining about the OMB. I'm sorry, but the OMB is not the problem. It's a symptom, however, and it's within the City's powers to clean up its act and take control. Until that happens, however, Toronto is much better served by the OMB than it is by Council in respect of most planning matters. Sad, but true.

Well said...
 
Tough time to be launching any kind of business. I'll bet that, if they fill the big stage and still have demand, the Eastern Avenue site will be taken out of mothballs. That would be an ironic twist to this tale: Rose gets their new studio, and then gets to fill up its old studio since Toronto is popular again and their biggest competitor had its waterfront studio bulldozed... I'm sure someone can hang a conspiracy theory on those thin threads...

Here, kitty, kitty, Alleykatty... ;)
Indeed, this was always the film community's objection to the Smart Centre proposal. Even with the addition of FilmPort, Toronto has lost a serious amount of soundstages over the last few years (particularly 175 Queen's Quay East) and that (at least part) of 629 Eastern Ave will continue to be needed as surplus film space in this city. There's your high paying jobs right there.
 
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Seriously? The city infantilizes itself. If Council cleaned up its act and set up a framework by which planning would be undertaken on a principled, policy-led basis, it would render the OMB irrelevant, and the tribunal would likely be done away with (at least in respect of Toronto). Instead, the City continues to plan on the basis of good politics, not good planning, and we end up with the knee-jerk planning instruments that were so roundly dismissed in this decision. There is a good reason why successive provincial governments of all political stripes have as a matter of course ignored Toronto's whining about the OMB. I'm sorry, but the OMB is not the problem. It's a symptom, however, and it's within the City's powers to clean up its act and take control. Until that happens, however, Toronto is much better served by the OMB than it is by Council in respect of most planning matters. Sad, but true.

Chicken and egg. The OMB takes the ultimate accountability for planning decisions away from council and this encourages council to behave in an irresponsible way.

Accountability and responsibility need to go hand in hand. Council is responsible for planning, but not accountable because they can be overruled by the OMB before any of their silliness is realized. The OMB isn't accountable to anyone because ... well, they just aren't. They hide behind judicial methods and language.

It's a broken setup. You won't get a responsible municipal government until you make them clearly accountable. There may need to be changes to the municipal government to make it function well in this capacity, but the only way to clearly expose that need to make them fully accountable.

Call me a wide-eyed idealist, but I believe in democracy, not rule by bureaucratic tribunals.

On another angle, why do you think that the OMB is necessary in Ontario and yet absent in any other province? Is it that Ontario municipal politicians are especially immature and have always been? Quite an affliction we have.

Why don't we have similar bodies to review provincial and federal policies? Not just their consistency with the laws, but their interpretation of facts - as the OMB does. Why don't we have a federal health policy review board where the plastics industry could appeal the government's assessment of the dangers of bisphenol A? We don't because that would give corporate interests to much control over how we run the country. It would also lead to a lot of populist grandstanding in federal policy - because they could count on their silliest policies being overruled.

You've got the problem wrong Skeezix. The problem isn't the weak character of our municipal politicians - that's constant throughout the world. The problem is that the OMB removes the necessary checks on those character weaknesses.
 
Chicken and egg. The OMB takes the ultimate accountability for planning decisions away from council and this encourages council to behave in an irresponsible way.

Even in areas where the City does have the final say though, Council behaves like 3rd graders hoped up on Red Bull. Why would planning be any different? Council couldn't even agree on how to take a picture of itself, why would they agree on how to plan the city? The OMB isn't always right, and more accountability can never hurt, but the current municipal regime is so politicized that I am thankful we have it.

The real problem isn't the OMB, it is that councilors are elected on the narrowest of platforms ("condo bad!", "walmart bad!") by such a small portion of the city that they have a no incentive to ever think of the city as a whole, beyond appeasing the 2k or so people who voted them in. Thinking of the City as a whole will loose you your job, ask Anne Johnston.
 
Of texts, and pretexts
JOHN BARBER
E-mail John Barber | Read Bio | Latest Columns
March 7, 2009

The Decision: Why Wal-Mart is Good/Bad

By James R. McKenzie

and Order of the Board

OMB, 55 pages, $0

The non-specialist reader might well decide to throw this glutinous clot of a text against the wall after reading no more than four lines, which introduce two wealthy protagonists who "are desirous of redeveloping" a property that is "physically situated" in downtown Toronto. Should they resist the immediate impulse, author McKenzie goads them again in every tortured page of his puzzling text, a pretzel-logic "judgment" in the famous case of Wal-Mart v. Toronto.

The decision in the title refers to the culmination of a five-year process during which a developer, Smart Centres Inc., sought to build a shopping mall whose anchor tenant was widely rumoured to be Wal-Mart in the gentrifying Toronto neighbourhood of Leslieville, against the wishes of local politicians and residents.

Most readers will skip straight to the ending, as widely reported this week, in which Ontario Municipal Board vice-chair James McKenzie surprisingly sends the developer packing. But those who struggle through the preceding tickets will be rewarded.

Read as a tragicomic fiction of one honest man's hapless descent into the madness of the Toronto planning exercise, with the author posing in the classic postmodern guise of reluctant narrator, The Decision becomes something quite different: an indictment of oppressive social institutions, culminating with a whiz-bang surprise ending.

In the pages of The Decision, Nabokov's Charles Kinbote, alleged citizen of Zembla ("a distant northern land"), meets Kafkaesque arthropod Gregor Samsa in a bravura display of what John Barth so aptly labelled "the Literature of Exhaustion." Not highly readable, as it were. You could, in fact, put it down.

In Mr. McKenzie's hands, the narrator becomes an underpaid, mid-level functionary in a vast bureaucracy. The OMB is called by unaccountable fate to judge the proper height of fences. Somehow - we are not told how - it comes to sit in judgment of shopping centres.

Just as Kafka pointedly avoided saying how or why Gregor Samsa became a cockroach overnight, thus emphasizing the simple, unavoidable "fact" that it happened - shocking readers with a plain demonstration of merciless fate - Mr. McKenzie is not required to explain the Ontario Municipal Board. It just is. Context established, the narrator delves into a thicket of technical obscurities that purport to address the straightforward question of whether or not the City of Toronto, by unanimous votes of its elected council, has the right to protect designated employment lands from "retail contagion," i.e., Wal-Mart.

But appearances deceive: The persevering reader gradually comes to realize that these deep and fuzzy forays into old studies, policies and Acts threaten to disguise the narrator's views of the actions of Councillor Paula Fletcher (who, like all the leading characters of The Decision, remains unnamed in its pages).

The narrator becomes almost obvious, even brazen as he moves from one obscurity to another, the only pattern being his fulsome approval of most evidence uttered by Wal-Mart's hired guns and his disapproval of the citizens and politicians who dared to uphold established city policy before his tin-pot tribunal.

Opposition is "knee-jerk reaction." Unanimous votes at council are "political whims" that insult the delusional functionary's absurdist dignity. Where normal people might see local politicians doing their jobs, The Decision's Kinbote sees "ex-poste [sic] rationalization" of sinister conspiracies.

Just at the height of his tirade, within sight of the final paragraphs, the narrator abruptly shifts attention to a novel sub-clause no combatant had previously emphasized. In a final burst of energy, he loads little Policy 9.18 (b) into his sling and nails the big-box giant between the eyes.

This sudden switcheroo goes to the heart of the puzzle. One interpretation suggests that the narrator is lashing out as he reluctantly rules against Wal-Mart, despite his thoughts to the contrary. Another is that his mind suddenly became focused - as they say the gallows focuses the mind - after years of assault by paper policies. By the time the full meaning of the surprise ending becomes clear, you can almost hear the sound of Ms. Fletcher laughing.

jbarber@globeandmail.com
 
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tronno star
http://www.thestar.com/comment/article/598646
OMB's scolding words


Mar 09, 2009 04:30 AM
Comments on this story (3)
Toronto city council had reason to celebrate an Ontario Municipal Board decision last week quashing a "big box" shopping centre sought for Leslieville. It was a clear victory for the municipality, which had aggressively fought the proposed mall. But souring the celebratory champagne is some strong criticism of "knee-jerk" actions by council and its planners contained in the 55-page OMB ruling.

Fearing they would lose their case, city councillors had engaged in last-ditch amendments to Toronto's official plan – changes that the OMB found were a blatant attempt to stop the Leslieville development in violation of the principles of land use planning. The OMB's description of these tactics is scathing:

The city's actions "represent a panicked reaction to an unwanted development scheme and are neither a measured nor rational response ... They are not the product of a bona fide planning initiative, they are not appropriate, practical, workable, or achievable and they do not represent good land use planning."

As it turned out, the city didn't need to stoop to such measures to win its case against the development. OMB vice-chair James McKenzie concluded that a large retail complex, like the mall planned by SmartCentres, could "destabilize" the surrounding district, zoned for employment or industrial purposes. There was concern that prices would be driven up, as other owners sought retail zoning, and that this real estate "contagion" could undercut the intended use of these lands.

A spokesperson in the mayor's office refused last week to acknowledge that the city did anything wrong in its handling of this file. He did, however, note that Toronto officials will be closely reading the OMB report with an eye toward its planning implications.

Let us hope they draw the appropriate lessons.
 
The City was very lucky in Leslieville. They won despite their best efforts to lose (though, still managed to make a mockery of the planning process, so at least nothing is new there).

Having read the entire decision (a couple times), it is clear that the OMB made the right call because that was the only decision it could have made based on the applicable planning policies and the proposal presented. Good planning, and not bad politics, prevailed.
 
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Spacing has a feature with a planner's take on the case

Spacing introduces a new and sporadic column called Ask A Planner. We’ll ask some of our sources to translate policy and bureaucrat-speak and give us open and honest analysis on a current city-building topic. The first topic is the recent OMB decision to deny a bix box retail complex in Leslieville.

- - - - - - - - - - - - - - -

The Ontario Municipal Board recently issued its decision in SmartCentres/Toronto Film Studios v. City of Toronto. As regular readers of Spacing will know, this was a very hotly contested battle in the media and at the Board. In the end, the Board decided not to allow the appeals, and thus denied Smart Centre to build their planned big box complex. The 50+ pages decision, I offered to review the very lengthy (50+ pages), and surprisingly entertaining in spots, decision and try to explain it for non-planners.
 
Very cool. Hopefully it is a regular appearance. Good case to start with. Interesting questions in the comments about his biases and such. From Matt's response, presumably the planner doesn't work for the City itself.
 
From the Globe:

LEGAL COSTS SOUGHT

Rebuffed in Leslieville, big-box developer appeals OMB decision
JENNIFER LEWINGTON

April 15, 2009

CITY HALL BUREAU CHIEF

A major developer rebuffed in its bid to build a large retail complex, believed to be anchored by Wal-Mart, in Leslieville now wants to appeal the decision and collect $1.4-million in costs from the city.

Yesterday, critics expressed surprise because the request to appeal by SmartCentres comes after the normal 15-day deadline to appeal the March 4 decision by the Ontario Municipal Board.

"They are very late. ... I would imagine it would not be looked on favourably by the courts," said Kelly Carmichael, a spokeswoman for East Toronto Community Coalition, which successfully fought the retail mall on Eastern Avenue.

The OMB rejected the proposal for the 700,000-square-foot shopping centre because the city's official plan had designated the lands for industrial use, not retail.

The developers had hoped to convert the former Toronto Film Studios site owned jointly by Rose Corp. and SmartCentres.

Sandra Kaiser, vice-president for corporate affairs at SmartCentres, said the developer asked for leave to appeal after outside lawyers took a fresh look at the decision.

"SmartCentres believes that the board erred in law and exceeded its jurisdiction in arriving at its decision," she said in a statement.

Critics were puzzled by the delayed appeal.

But last week, Toronto City Council agreed to buy a 20-per-cent stake in Filmport, the megastudio built by Toronto Film Studios and other private sector partners on city-owned land. Under the revised ownership, the 80-per-cent share held by Toronto Film Studios would be replaced by new private investors and the city.

Meanwhile, in a separate action filed in early April, SmartCentres notified the OMB it wants $1.4-million in costs from the city for the 24-week hearing.

AoD
 

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