Proposed law to speed up development approval: minister

Hey there, time traveller!
This article was published 16/10/2024 (388 days ago), so information in it may no longer be current.

The provincial government has introduced legislation that would speed up development by making it tougher for concerned citizens to trigger an appeal of zoning changes to the Manitoba Municipal Board.

Bill 40, the City of Winnipeg Charter Amendment and Planning Amendment Act, would increase the required number of eligible opponents — to 300 from 25 — in Winnipeg, as well as municipalities and planning districts that have a population of more than 6,000.

Winnipeg Mayor Scott Gillingham welcomed Wednesday’s news.

“I’ve been on record for years now saying the 25-signature threshold was far too low,” the mayor said. “It was delaying development within the City of Winnipeg. I know that there were projects that as councillor I approved that would’ve been transformative,” Gillingham told reporters. “With a small number of signatories, that matter went to the municipal board and the municipal board overturned it… It slows development, it slows housing and we’re trying to get more housing built faster.”

In 2022, the municipal board rejected a 199-unit, 55-plus apartment development at 4025 Roblin Blvd. that city council had approved despite opposition from many nearby residents.

In smaller municipalities and planning districts, the bill would raise the number of signatures required for a municipal board appeal from at least 25 to 100, or five per cent of the population, whichever is greater.

Kathy Valentino, the interim president of the Association of Manitoba Municipalities, applauded the proposed legislation, saying it will reduce unnecessary costs and delays, and help restore greater municipal autonomy, foster efficient governance and preserve the role of community input.

“The proposed increase in the threshold is about creating a more thoughtful and efficient framework for local decision-making as democratically elected councils know their communities best,” Valentino said in a statement.

Municipal councils will be able to move forward more swiftly on projects that benefit the wider community such as local infrastructure improvements and economic development “while at the same time mitigating the likelihood of frivolous or vexatious appeals.” Municipalities have cited examples of appeals costing from $60,000 to upward of $100,000 in legal fees, personnel costs, disbursements, printing and postage.

Municipal and Northern Relations Minister Ian Bushie said the goal is to reduce the frequency of delays to local zoning amendments by establishing higher and more reasonable thresholds for issues that are referred to the municipal board.

“This bill represents our government’s commitment to speeding up planning approval timelines while making sure that local voices are respected,” the minister told the house Wednesday.

“The amendments proposed in the bill will balance local decision-making autonomy with the value of public participation in the land use planning process.”

Bushie later told reporters the municipal board has “significant backlogs,” that appeals aren’t being heard in a timely manner and are holding up development projects.

Rather than “a cumbersome process that’s going to be taking months and months and months or years for that matter — we want to have more engagement and a process that can move forward,” the minister said.

“It’s important for us to be able to still hear that voice, but at the same time, to make sure that process is able to go ahead at the pace of development — it’s not going to be something that just ties up the system,” said Bushie.

The amendments are the first potential changes arising from the NDP government’s commitment to review Bill 37, the Planning Amendment and City of Winnipeg Charter Amendment Act. Municipal and Northern Relations is undergoing a statutory review of planning legislation, and the province expects Phase 2 consultations to be completed by the end of this month.

The municipal board is a quasi-judicial administrative body that is arm’s-length from government and comprised of a chair, vice chair, and part-time members appointed by cabinet.

It reviews and adjudicates planning matters brought before it “after considering all of the evidence that has been presented, and having regard to the applicable planning legislation, regulation, policies, by-laws and any other related matters,” the province says.

— With files from Joyanne Pursaga

carol.sanders@freepress.mb.ca