PLA1103H: Legal Basis of Planning

This course examines the underlying source law and legal principles that govern land use planning in Ontario, including the relevant legislation, regulations, by-laws, and policy. You will learn about the role of the courts and administrative tribunals (with emphasis on the Local Planning Appeal Tribunal), how to distinguish between law and policy, and how to effectively read, understand and apply adjudicated decisions. Over the first half of the course, you will be introduced to the basic framework in which the province, municipalities, and other entities exercise their respective authority to create, interpret and enforce planning law and policy. While the primary focus will be on the Planning Act, we will also explore the scope of municipal powers and governance structures under the Municipal Act, 2001 and the City of Toronto Act, 2006. We will then work through the process, rights, and obligations underlying the development application and appeal process, first in the context of major policy and zoning amendments and plans of subdivision, and then in relation to minor variances and severances. You will be asked to apply some of the law and substantive information gleaned through these lectures in a mock Committee of Adjustment hearing setting. The second half of the course will feature more in-depth examinations of some of the interesting, complex, and significant planning issues facing industry stakeholders at this time. We will address the duty to consult with aboriginal communities and the framework for protecting cultural heritage resources, land expropriations, and the various charges and levies imposed as part of the development application process, the legal tools for securing affordable housing and the protection of employment lands. Some of the issues discussed in these lectures may generate ideas for your research paper due at the end of the term.

0.50
St. George