Quote:
Originally Posted by Haliburger
As I understand it the as-of-right development allows 3 storeys, and the requested agreement for 5 storeys goes through some kind of approval process. What are the mechanics of that process? How much influence does the public have on the requested variance approval?
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The applicant typically has a pre-application/consultation with planning staff and an initial review is done. A commencement report with a recommendation is provided to council (either to proceed into the DA process or not). Council can chose one of the two options. If they chose not to enter into the DA process then the process stops and I don't believe there is an appeal.
Typically, Regional Council will chose to enter the DA process which is where the formal evaluation of the application (from City Staff) occurs. It is also during this process that a public information meeting occurs to gather public comments/opinions which form part of the staff report.
Generally if there are concerns with the application the staff would advise the applicant and they are given an opportunity to make changes to the application. If they don't - then the applicant may push forward with what they have and justify why the project stands on it's merits.
If the project changes - staff may go back out to the community and seek further feedback on the refined application (another public meeting). If the changes are minor, then they may chose to go forward without this option.
A staff report is put together and forwarded either to Regional Council (if there are amendments to the Municipal Planning Strategy or Regional Plan) to facilitate the application or Community Council if policy to facilitate the DA area already in place. Staff can recommend approval or refusal of the proposed amendments/DA. Usually the first process is council deciding whether to hold a public hearing - in some cases they have defeated applications at this point, but typically they go to a public hearing.
When the public hearing is held council has a number of options - they can approve/refuse the application or send it back to staff for changes or further work. If an MPS amendment is involved, Regional Council must approve the MPS amendments and the Minister must sign them into law before the DA can come forward.
Eventually the DA would go to Community Council for approval. In most cases if there is a combined MPS/DA - a joint public hearing is held at Regional Council. If the DA doesn't require any policy amendments (the Policy is already in place) then a public hearing is held at the Community Council level.
There is no appeal to a decision of Regional Council to amend an MPS (I may be wrong on this?)...but there is a right of appeal on a DA approval/refusal. Depending on who decides the application (regional versus community council) reasons for refusal must be provided.
I may be missing pieces in the steps - I just did this from observation and memory.