LPAT isn't as weak as some people believe - it mainly just gives council more discretion. If the LPAT thinks it's good planning in the way it used to think, instead of approving it, it gets sent to council for "reconsideration". If council still denies it, then the LPAT can approve it.
Basically the old process works like this
- developer applies
- city denies application
- OMB holds hearing
- OMB decides it's good planning, approves it.
The new process works like this:
- developer applies
- city denies application
- LPAT holds hearing
- LPAT decides it's good planning, sends it back to council saying "this is good planning, you should approve it"
- Council can listen to the LPAT, ask for a few modifications and approve it, or deny it
- If they deny it, the developer can then appeal again to the LPAT
- The LPAT can decide if what the city was asking for was resonable, and can then approve it.
The process is more complicated now, and does give slightly more power to council, but overall still preserves the function of the LPAT pushing development generally beyond that of what the city wants.