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!

Appeal Update: Great Participation!

People who wanted to add their names to our LPAT appeal had until last week to throw their hats into the ring. A whopping 29 participants, as concerned as we are about the mega-plan, stepped forward! You can see who they are, as well as their arguments, by clicking below:

CLICK HERE TO SEE WHAT THEY WROTE

Who doesn't support good governance, transparency and analysis? For five years, hospital planners welcomed supportive opinions, while disparaging public expressions of concern. Just when the rubber is about to hit the road, don’t believe people who are now saying that it's time to move on. Our appeal is about ensuring all the proper steps have been taken, before our region makes a decision with health, economic and environmental consequences that will affect our well-being for generations to come.  While we wait for our case to be heard, it's time to let this important and independent tribunal process play out.

These Optics aren't Good

BizX: Explosive allegations that affect the public purse Were you able to pick up your copy of this month's edition of BizX yet? It contains alarming allegations of irregularities in the mega-hospital site selection process three years ago. Yet no other media outlets have ever investigated this. We're waiting to hear how our healthcare oversight body, the Erie St. Clair LHIN, who also sat on the Hospital Steering Committee, are planning to follow up. The allegations were made by Rick Spencer, the consulting engineer for the two shortlisted hospital sites. His firm's site servicing report shows existing access to the 75 acre GEM site via Tecumseh Road East (to the south) and Lauzon Parkway (to the east). Lauzon Parkway leads to an excellent connection to E.C. Row Expressway 4 km to the south.

How much extra will taxpayers be on the hook for? The BizX article alleges the access road was inexplicably switched (without consultation with Mr. Spencer) across the CN railway tracks to Jefferson Boulevard, which is to the west of the property. In this way, the County Road 42 site appears to be the more favourable of the two. Neither Jefferson nor County Road 42 is in as good a condition anywhere near that of the better-maintained and wider Lauzon Parkway. In this way, taxpayers will be on the hook for tens of millions of dollars in road upgrades to County Road 42 that weren't reflected in the site selection evaluation. These extra upgrades weren't considered by Windsor's self-described cost averse City Council, who rushed to approve the location on active farmland, instead of taking the time to do a thorough cost analysis. Are you angry that Windsor Regional Hospital told us there's nothing to see?

A fair and transparent procurement process? The RFP (Request For Proposals) process, which was supposedly followed for the hospital site selection, is a provincial process. From the Ontario Government`s Procurement website: The Ontario government is committed to open, fair and transparent procurement processes.

About LPAT: “Let the Process Play Out”

The Local Planning Appeal Tribunal is an independent tribunal that hears cases in relation to a range of municipal planning, financial and land matters. For the past five years, elected and unelected officials have been telling us hospital planners advised them to “let the process play out“. While supportive opinions were welcomed, public expressions of concern were frequently disparaged. Don’t believe those who will argue that this appeal is a delaying tactic or a burden to tax payers. It is about ensuring all the proper steps have been taken, before we make a decision with health, economic and environmental consequences that will affect the region’s well-being for generations to come. Today, while we wait for the independent tribunal to hear our case, it really is time to let the process play out.

The Appeal will Confirm if the City did its Job Properly Listen to our campaign spokesperson, Melinda Munro, explain in a short 3 minute audio clip recorded on AM800's Lynn Martin show earlier this week, why this appeal is so important.

BizX: Explosive Allegations Alarming allegations of irregularities in the site selection process were published in this month's edition of BizX. The allegations were made by Rick Spencer, a prominent Windsor civil engineer, the consulting engineer for the two shortlisted hospital sites.

The article alleges the alteration of Mr. Spencer's cost analyses,  and misrepresentations about the road infrastructure costs in order to favour the proposed County Road 42 hospital location.

We first became aware of Mr. Spencer`s complaint in 2016, but to date, decision makers have not, to our knowledge, investigated them. The RFP (Request For Proposals) process, which was supposedly followed for the hospital site selection, is a provincial process. From the Ontario Government`s Procurement website: The Ontario government is committed to open, fair and transparent procurement processes. Vendors bidding on Ontario government contracts may request debriefings to understand how their proposal was evaluated and to learn how to improve their future proposals.

Renowned Planner Jennifer Keesmaat to Give Expert Evidence in Windsor Mega-Hospital Legal Appeal

Decisions by Windsor City Council to locate a proposed new single site acute care hospital on greenfield lands and to permit residential and commercial development of a further 1,000 acres of prime agricultural lands have recently been appealed to Ontario’s Local Planning Appeal Tribunal (LPAT). Internationally-renowned planner Jennifer Keesmaat is now raising major concerns. The appeal was initiated by Citizens for an Accountable Mega-Hospital Planning Process (CAMPP). Ms. Keesmaat will be giving evidence as an independent expert witness supporting the appellant’s case. Amongst other qualifications, Ms. Keesmaat is the former Chief Planner of the City of Toronto, a recipient of the Canadian Institute of Planners’ highest Presidents Award, and member of the International Panel of Experts, Singapore Urban Redevelopment Authority. “[S]prawling land use planning has implications …” Keesmaat states, adding that “directing growth to existing serviced areas prior to building new infrastructure is the foundation of the responsible use of land in the [Provincial Policy Statement].” Keesmaat also states: “Conformity to existing policy is not suggested, it is required.” “Having just completed five years as Chief Planner of Canada’s largest city, Ms. Keesmaat is one of the nation’s foremost planning experts. She is highly knowledgeable on how responsible city-building should take place. She has a unique and unparalleled understanding of how both officials plans and provincial policy are to be interpreted and applied” says Eric Gillespie, a leading municipal and environmental lawyer based in Toronto retained by CAMPP. He has been counsel in many precedent-setting legal challenges including the Walkerton Water Inquiry, as well as Canada’s largest environmental class-action (Pearson/Smith v. Inco) and the ongoing G20 class action up to the Supreme Court of Canada. “This appears to be a case where the City has chosen not to follow its own fundamental policies and those of the Province. The evidence of one of Canada’s top planners, Ms. Keesmaat, and others will address these errors.” A case management conference is scheduled for March 20, 2019, in Windsor.