Our LPAT Appeal Goes Forward

We have successfully completed the first stage of our LPAT appeal. Thank you to the more than 100 people who came to the March 20, 2019 Case Management Conference at Windsor City Hall. At the end of the six-hour hearing, we were delighted that the Tribunal approved 28 of 29 participants in our appeal. We are now awaiting direction from the Tribunal for the next steps in the process. Our participants' voices represent a broad cross-section of the community. Their submissions include a comprehensive range of facts and reasons why the development of a new 1,000 acre subdivision to be anchored by our new mega-hospital are inconsistent with Ontario Planning Policy and Windsor's Official Plan. Their issues include: Institutions not integrated within neighbourhoods; impact on accessibility Unwise and inefficient use of resources Environmentally unsustainable urban development Planning that was not responsive to residents' concerns

Click here to see the relevant Planning Policy provisions

The 29th Participant: Walpole Island First Nation The Toronto lawyers for the City of Windsor and for Windsor Regional Hospital (WRH), who appeared to be working closely together, asked that the submission by Walpole Island First Nation be disallowed. Their argument was that this submission was received less than 30 days before the Case Management Conference.

Era of Reconciliation In response, our lawyer, Eric Gillespie, pointed out that we are living in an era of reconciliation. He suggested a practical way for this important submission to be included with all the others.

The Tribunal said they would consider Mr. Gillespie's suggestion and would let us know when they have made their decision. Mediation The Tribunal suggested mediation to resolve our differences. Our lawyer, Mr. Gillespie, declared CAMPP was prepared to do this. The City and WRH lawyers stated unequivocally they would only agree to mediation if CAMPP dropped its objections to the proposed County Road 42 hospital location. Their position strikes at the heart of our appeal. It is clear neither the City nor Windsor Regional Hospital are open to working with residents in order to resolve our differences about our community's land use planning priorities.

Arguments to Reject Participants The City and WRH lawyers challenged the validity of several participants: The Ontario Association of Architects (OAA): They claimed it is inappropriate for architects to question land use planning. The Congress for the New Urbanism (CNU), Michigan Chapter: Their leadership was unable to attend this Case Management Conference. The Engineer for the two shortlisted hospital sites: They argued Rick Spencer's concerns revolved around a hospital site that was not selected. The lawyers also disputed CAMPP's arguments about resilience in the face of climate change, and the affidavit by our Independent Expert, Toronto's former Chief Planner, Jennifer Keesmaat. For more information about CNU (an association with members from Michigan and Southern Ontario) and OAA's professional relevance to the field of responsible land use planning, see the explanations below:

Ontario Association of Architects "A self‐regulating organization governed by the Architects Act, which is a statute of the Government of Ontario. The Association is dedicated to promoting and increasing the knowledge, skill and proficiency of its members, and administering the Architects Act, in order that the public interest may be served and protected. ... We can provide a uniquely local, yet unbiased review, since our members are unlikely to be the lead designer for this facility or derive any direct financial benefit from it. Our motivation is to make this region the best it can be."  Congress for the New Urbanism "... one of North America's foremost nonprofits that advocates for a sustainable approach to community planning and urban design. [Its] membership is comprised of municipal officials, public and private sector planners, urban designers, architects, landscape architects, developers, transportation engineers, lawyers and other development professionals that have been proactive in bringing about major shifts in how we plan neighborhoods, communities and regions. The Michigan Chapter of [CNU] is unique, as our association is comprised of members from the State of Michigan and Southern Ontario."

The Tribunal's Decisions After deliberating, the Tribunal agreed to allow all 28 participant submissions received by the February 19, 2019 deadline. They will get back to us with the remaining decisions on the date, format and scope of our hearing. We will of course alert you when the Tribunal announces our next steps.

"As a new board, we will be working to build up and revitalize the city’s downtown, the heart of the city. At the same time, we feel it is incumbent upon us as stakeholders to ensure while we are working to build up and strengthen our city’s centre that this work is not undermined by decisions which will see a vital service leave the core.” -- Brian Yeomans, Chair of the DWBIA

Poor Accoustics in Windsor's City Hall

The absence of microphones made it impossible for everyone present at City Hall last week to hear what was being said. Many people were angry about the poor accoustics during the hearing. It was very disappointing, especially because the building is so new. We have contacted the City and LPAT to ask that they ensure better arrangements are made the next time we appear before them. If you would like to do the same, we suggest you send an email to the Case Coordinator, Tamara Zwarycz.

Join us at 10:30 am this Wednesday, March 20th, at City Hall

The first major step in appealing Windsor City Council’s August 13, 2018 zoning decisions is about to take place. The Local Planning Appeal Tribunal (LPAT) Case Management Conference is scheduled to begin at Windsor City Hall at 11:00 am this Wednesday morning. Twenty-nine (29) residents and groups have asked to present their views at this meeting. Come support them - we will be gathering outside City Hall at 10:30 am. This meeting is open to the public. Please join us at the entrance before we go in.  City and hospital officials have attempted to sway public opinion against our appeal. They are suggesting it will cause unnecessary delay to the planning process for much-needed improvements to the hospital system. Yet land use planning appeals are a very common part of the development process throughout the province. In fact, 346 LPAT appeals have been filed from Ontario’s 444 municipalities so far in 2019. LPAT has replaced the Ontario Municipal Board (OMB) The LPAT system is designed to keep most decision-making powers within municipalities. Its role is simply to review whether a municipal decision complies with its own Official Plan, and with Provincial Planning Policy. If LPAT finds the municipality hasn't complied with these policies, the decision being appealed will be sent back for reconsideration. City decision-makers and local residents should trust this appeal system as a necessary part of the checks and balances to ensure informed and consistent municipal decision-making.

Click here to see the relevant provisions of Planning Policy

LPAT's roots go back more than a century The LPAT is a successor to the Ontario Railway and Municipal Board, which was established in 1906, and later came to be known as the Ontario Municipal Board. The OMB was Ontario's first independent, quasi-judicial administrative tribunal. The OMB’s jurisdiction has been described as “responsibility for the sound growth and development of municipalities within the framework of statutes with particular regard to economic stability.” Is there any reason why our city would not welcome sound growth and development, and economic stability? In 2018, the OMB was replaced by the LPAT as part of broader legislative reform regarding planning and municipal powers.  The OMB heard approximately 30 appeals from City of Windsor decisions in the last 10 years 1,368 OMB/LPAT decisions were reported across Ontario in 2018, ranging between 98 and 134 cases each month (with no significant changes in numbers following the change from the OMB to the LPAT). Click here to read more.

LPAT ensures good governance and transparency!

For five years, hospital planners have only welcomed positive opinions, while disparaging all public expressions of concern. Don’t believe those who now say it's time to move on.  Please encourage friends and neighbours to learn about the importance of the LPAT process, while this independent tribunal reviews the facts of our case. This is democracy in action!