The Ontario Municipal Board came in for its customary share of opprobrium last week when it handed developers yet another victory over the city, this time over expansion of the urban boundary.
City council, in an attempt to limit sprawl and increase density, had voted to free up 230 hectares of new land for suburban housing, less than the 850 recommended by city staff. The council limit was about one-tenth of what developers wanted, so they appealed to the OMB.
The enduring unpopularity of the OMB, a powerful body of provincial appointees that often quashes the decisions of elected officials in favour of developers, makes it a convenient villain.
In January, when council voted to fight the developers at the hearing, Mayor Jim Watson defined the issue this way: “It determines at the end of the day who’s going to make the decisions with respect to growth and urban planning, and I believe it should be the elected officials.”
Well, we got our answer on that question last Monday. The OMB ruled the expansion would be 850 hectares, the number originally suggested by city staff.
Innes Coun. Rainer Bloess, who voted alone against fighting the case at the OMB, saw the inconsistency between council and staff numbers as the fatal weakness in the city’s case.
“Basically, they used our own numbers and they used our own projections against us, so it’s hard to blame the OMB on this one,” he said. “I think the OMB made a valid decision and they based it purely, strictly on facts, whereas council I think sort of made an emotional decision.”
The city’s lawyers had estimated the appeal would cost $400,000 to fight, but they had a 70 per cent chance of winning.
“If these guys are telling you you’ve got a 70 per cent chance and you lose that decisively, I sure don’t want them placing bets for me at the tables anywhere,” said Bloess.
The city has a vital interest in limiting far-flung suburbs, which strain our resources to service and add more commuters to the roads, with an attendant increase in congestion and pollution, but it was risky to disregard the advice and research of city staff.
While it rankles many (like me) to see the city’s elected officials second-guessed by the big, bad OMB, council could perhaps refrain from leading with its chin as it did in this fight.
