Ontarian Appellants Should Be Patient with LPAT Work Pace, Expert Says

The Local Planning Appeal Tribunal has sparked conversation and high expectations towards its operation in Sudbury and many eyes are observing its every action. A professor at the University of Waterloo’s School of Planning stated that reality rarely meets expectations and the transition from the older and time-consuming Ontario Municipal Board to the LPAT takes time. Locals should not be quick to condemn the new tribunal that works on various KED appeals at the moment.

Last year was a special one, as Ontario lawmakers decided it is time for a change and a more hassle-free process of appealing in the are. This is how the Local Planning Appeal Tribunal came into existence and replaced the Ontario Municipal Board. The ultimate goal of this change was for the appealing process to become faster and simplified in the long run, providing permanent residents of the region with a chance to express their position regarding a project.

Kingsway Entertainment District Triggers Numerous Appeals

People have expressed their concerns that instead of making the process faster and look into the issues in a timely manner, LPAT is taking longer than expected. Projections are that instead of issuing its decisions in the upcoming month, the process could be extended to the fall of 2019 and even the beginning of 2020, something that would swell the legal fees for all appellants.

Dr. Curtis pointed out in a recent statement that this transition is a pivotal point for Sudbury and the province as a whole, meaning that it could not happen overnight and without any hiccups. It should be taken into account that back in the days of the Municipal Board’s operation, these appeals used to take years and a substantial amount of Canadian dollars in order to be evaluated.

He also pointed out that even though initial plans might paint a picture perfect, the reality could end up being baffling and with more issues for tackling. There are multiple appeals related to the Kingsway Entertainment District in the Sudbury region and people that had filed them anticipate decisions from the LPAT. Gateway Casinos & Entertainment is planning to introduce a Starlight Casino to the project, but with launch date moving further away, change of plans was mandatory.

Transition Is Rarely Hassle-Free

At the moment all appeals are put on hold because a divisional court ruling has the potential to change the future of the tribunal. The court would have to decide whether or not LPAT conducts its work in a fair manner in relation to the existing laws of natural justice. The Toronto Rail Deck project is what triggered this process, subsequently slowing down appeals across the province.

Mr. Curtis pointed out that the tribunal faces a struggle caused by the insufficient staff that has to take care of the appeals and look into them. Apart from the new ones filed in recently, the LPAT also has to deal with the OMB legacy in the form of old cases. Becky Fong, spokesperson for the tribunal stated that provincial lawmakers are working on attracting more individuals qualified enough to propel forward the process.

The last days of February saw the announcement that the Local Planning Appeal Support Center is going to close for good this summer. It aims to help people in their appeal process, but its closure would eventually ease LPAT’s work and speed up the appeal reviews. June 30 would be its last day of operation. One of the reasons for this decision was that money expenses would have to be reduced.