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In late November, Infrastructure Ontario publicly released its revised plan for the Midtown Oakville TOC (Transit Oriented Community).
Days later, the Ministry of Infrastructure issued a Provincial priority request for four (4) Minister’s Zoning Orders (MZO) for the Transit-Oriented Community in the Town of Oakville, which was posted on the Environmental Registry with a closing time for comments of January 17.
It is important for residents to be aware this TOC is a provincial plan - entirely devised, overseen and implemented by Infrastructure Ontario and its own chosen development partner.
As such, Oakville’s Town Council is not authorized to treat it as a normal development application in terms of accepting or rejecting the proposal as presented. It will not come before Oakville Council for approval or rejection and it cannot be appealed at the Ontario Land Tribunal.
In terms of the MZO, it authorizes the minister to make zoning orders that regulate the use of land in Ontario. These zoning order requests are made or refused at the discretion of the minister and are similar to local zoning by-laws. They can: permit the use of land (for example, manufacturing, housing, health care, long term care uses), prohibit the use of land (for example, to protect an environmentally sensitive feature), regulate location, use, height, size and spacing of buildings and structures
If there is a conflict between a zoning order and a municipal zoning by-law, the zoning order prevails to the extent of the conflict. Under the Planning Act, zoning orders do not have to be consistent with the Provincial Planning Statement, except in the Greenbelt Area. The Planning Act does not provide for a right to appeal the minister’s decision to make a zoning order to the Ontario Land Tribunal.
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