The planner argued that even if the proposed structure was on a natural heritage feature, a checklist had been completed. However, with some adjustments and an agreement to address further issues in the site control plan, the OMB allowed the owner to move forward with the development.
The dispute illustrates the tangled web of waterfront regulations — and only within one jurisdiction. On Big Rideau Lake, shoreline protection and waterfront development guidelines fall under the jurisdiction of three entities : the township of Rideau Lakes, the Rideau Valley Conservation Authority and Parks Canada. Each body regulates a different aspect of protection and development, ranging from minor variance applications to requirements for building a dock. Mulhern, the development services manager for the township of Rideau Lakes, agrees that a policy and enforcement problem exists.
The township is responsible for most of the southern shoreline of Big Rideau Lake. It also oversees Planning Act applications like the minor variances that were applied for in the OMB case , upland development anything built further above the shoreline and boathouse construction. Each of these areas are linked to projects that could potentially harden or weaken the shoreline. If someone starts to build without a permit — a cottage deck near the water, for example — they will be asked to pay double the permit fee when they eventually seek one out.
The township could not provide figures for the fines they do levy. The issue is further compounded by the fact that the township — which serves more than 10, people — employs only one bylaw officer. The officer can respond to complaints, issue cease orders or request residents to apply for a zoning bylaw amendment.
Mulhern says the township gets bogged down during construction season between April and November, leaving little time to improve policies. Ideally, Mulhern envisions updates to a host of bylaws, including those covering site plans, adjustment and planning committees, road closures and building. The Rideau Valley Conservation Authority covers similar ground to the municipality. Where municipal planning applications — including site plan control, zoning, and minor variances — are concerned, the organization provides comments on environmental factors.
When permits are issued, RVCA also checks for compliance. Rideau Valley Conservation Authority inspectors stress voluntary compliance, says Macpherson. No cases have been brought to court, she said. In , Parks Canada created a park warden program for Ontario waterways. A Parks Canada spokesperson said two key priorities were identified: non-permitted works along shorelines and work not in compliance with already-issued permits.
While the Rideau Valley Conservation Authority operates on a complaint basis, the wardens are meant to be both proactive and reactive. The government said this smaller version of the OMB would give more authority over development back to municipal councils. The OMB had been criticized for favouring developers in urban areas. Mulhern has just submitted her first appeal to the new LPAT, and says she finds the process confusing. It first appeared in National Observer. Carleton University School of Journalism and Communication.
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