Home Builder - Without The OMB The GTA's Housing Supply Crisis Would Be Worse

By NextHome Staff
April 28, 2017
The provincial government is currently conducting an in-depth review of the Ontario Municipal Board (OMB), the independent arbitration body that provides a public forum for appeals on local land-use planning matters.The OMB is an important part of the checks and balances that make our land-use planning process, fair, transparent and accountable. It functions in a similar way to other entities that the government has in place to provide checks and balances, such as the Human Rights Tribunal.While it plays an important role, the OMB is an organization that people love to vilify. With the review underway, some have voiced concerns about how the OMB functions and others have called for its outright disbandment.Although we believe that an independent appeal body like the OMB is absolutely necessary, there is always room for improvement and we believe there are some valid concerns that need to be discussed. For instance, the OMB could provide planning resources to ratepayer groups to facilitate mediation and settlement. Hiring and training more experienced mediators is another example that would help improve efficiencies and expertise.Some people mistakenly blame OMB decisions for the intensification that we have experienced across the GTA and most especially in downtown Toronto over the past decade. The reality is that intensification is the result of the provincial policy and the OMB is just doing its job.The OMB makes decisions based on provincial plans and policy, including the Growth Plan for the Greater Golden Horseshoe, using submissions made by experts in land planning and development. The Growth Plan, introduced in 2006, mandates intensification and requires that a significant portion of all development in the GTA occur within existing communities.Toronto and other parts of the GTA are facing significant pressure to comply with provincially mandated intensification. If municipalities, local politicians or members of the public feel there is too much intensification in the GTA, then the remedy lies with the province and its policies, not with the building industry or the OMB.Lack of municipal decision making and the absence of council making a timely decision, gives our members no other choice than to go to the OMB. Sometimes municipalities don’t want to make difficult decisions and look to the OMB as their solution.According to City of Toronto figures, only about 4 per cent of proposed development projects ever end up at the board. The majority that do go never make it to hearing because they are settled through a mediation process where all parties agree to the final outcome.When there is a hearing, the board makes decisions in the interest of the public based on sound planning principles, not local political pressures. The board provides value to the public good because sometimes local interest is not the public interest.The OMB is often criticized for siding with developers, yet independent research by a leading University of Toronto expert on public policy found that in fact the OMB most often favoured the expert testimony of municipal planners. Without the OMB we would not have celebrated projects like the Distillery Historic District.The OMB also provides protection against NIMBYism. “Not-in-mybackyard” sentiments are not new, but they are stronger today because Toronto and the rest of the GTA are intensifying as per provincial policy. One of the few things that can counter the “not in my backyard” reaction to a new development is the OMB appeal process.Currently, housing demand is outstripping supply and our industry is struggling to meet the needs of our growing population while complying with the density targets set by the province. Without an independent appeals board like the OMB, it would be next to impossible for us to provide the housing this region needs.Bryan Tuckey is president and CEO of BILD (Building Industry and Land Development Association), and can be found on Twitter (Twitter.com/BILDGTA), Facebook (Facebook.com/BILDGTA), YouTube (YouTube.com/BILDGTA) and BILD’s official online blog (BILDBlogs.ca).

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