Amos OPPI Workshop October 12 2011 Final

Janet Amos, Amos Environment + Planning

[email protected]

OPPI 2011 “Tackling the Biggest Challenges to Planning and the Profession”

October 12, 2011

Workshop Contact:

Janet Amos, MCIP, RPP

Amos Environment + Planning

1236 Butter and Egg Road,

Bracebridge ON P1L 1X4

705-764-0580

[email protected]

Our Conference…

Looking back and looking forward

• 2011 Conference is a chance to re-examine

assumptions, take stock and build awareness

about our profession and its relevance to the

world around us

• OPPI cannot rest on our past accomplishments

Looking back

• Until August 2011 the Municipal Class

EA offered opportunity to combine

and integrate land use planning and

Class EA approvals into one process

• Then, integrated approach in the

Class EA was re-written

Looking forward

Let’s focus on what we can do…

• We can influence the infrastructure constructed as a result of the Class EA process

• We can contribute skillfully to the Class EA process by using our knowledge of planning goals and sustainability

• We can combine the land use planning and Class EA requirements via increased coordination

Janet Amos, Amos Environment + Planning

[email protected]

OPPI 2011 “Tackling the Biggest Challenges to Planning and the Profession”

October 12, 2011

Assumptions about sustainability assessment

Understanding EA in Ontario

Using EA Studies to inform sustainability

assessment

Coordinate planning with a Class EA Study



assessment


Assumptions

• Greater emphasis on sustainability will lead to

better planning and more effective use of

resources – environmental and social

• Planning for sustainability is preferable to

ignoring it

• EA is planning process

• Therefore, more emphasis on sustainability in EA

will lead to better planning

What is sustainability assessment?

Sustainability Assessment

= a process that

directs

decision-making

towards sustainability

• They represent two sides of the sustainability coin—

the physical and the monetary one (Bartelmus 2004):

– Economic sustainability refers to the established

requisite for economic growth, capital

maintenance, and extends the (produced) capital

concept to include non-produced natural capital.

– Ecological sustainability considers material flows

from the environment, through the economy and

back to the environment (as waste) as pressures

on the carrying capacities of natural systems, and

aims to reduce this pressure to tolerable levels by

de-materializing the economy.

Two operational sustainability concepts

Source:

• Indicators of Sustainable Development: Proposals

for a Way Forward, Discussion Paper Prepared

under a Consulting Agreement on behalf of the UN

Division for Sustainable Development

By László Pintér, Peter Hardi and Peter Bartelmus

• United Nations Division for Sustainable

Development,Expert Group Meeting on Indicators

of Sustainable Development

New York, 13-15 December 2005

Two operational sustainability concepts

How do we assess sustainability?

• Ask what decision would be most sustainable?

• Establish sustainability criteria or objectives

• Determine a range of sustainable options

• A sustainability assessment hierarchy?

• Are there measurable targets?

• Scrutinize alternatives for their ability to be most sustainable

• Are some impacts more sustainable? Longer lasting? Reversible?

• Identify the outcome or decision that would be most sustainable

• Direct the development of new housing towards

locations where appropriate levels of infrastructure

and public service facilities are or will be available

to support current and projected needs

• Promote the use of public transit and other

alternative transportation modes in and between

residential, employment (including commercial,

industrial and institutional uses) and other areas

where these exist or are to be developed

Provincial Policy Statement, 2005

Sustainability Policies

• Compare goals of proponent with Municipality’s

goals

– Are they aligned?

– Are they contradictory?

– Does this add complexity? Make it simpler?

– What is the context in our municipality for this

proponent?

– What is the context in our municipality for this

project?

• How might we conduct this comparison?

Municipal Response

Ways to use EA to Assess Sustainability

• Scoping of alternatives

• Develop range of alternatives

• Develop evaluation criteria

• Transparent decision-making

• Public and agency consultation

• Develop mitigation measures early in study

• Use adaptive management techniques

• Coordinated approach with Planning Act



assessment


Environmental assessment is a decision-making

process used to promote good environmental

planning by assessing the potential effects of certain

activities on the natural and human environment

Ministry of the Environment, 2011

What is Environmental Assessment?

• Purpose of the EA Act

• What is an undertaking?

• Who is subject? Not subject?

• Who is the proponent?

• What is environment?

• Types of EA

EA Act Context

“… the betterment of the people of the whole or

any part of Ontario by providing for the protection,

conservation and wise management in Ontario of

the environment.”

Part I, Section 2, EA Act

Purpose of EA Act

An undertaking is an enterprise or activity or a proposal, plan or program in respect of an enterprise or activity by the province, a public body or a municipality.

Section 1(1), EA Act

Undertakings are Subject

a major commercial or business enterprise or activity or a proposal, plan or program or activity of a person or persons other than the province, a public body or a municipality


Not Subject to the Act…

Proponent is a person who carries out or proposes

to carry out an undertaking, or is the owner or

person having charge, management or control of an

undertaking.


Who is the proponent?

‘Air, land or water

Plant and animal life, human life

Social, economic and cultural conditions

Any building, structure, machine or other device

Any solid, liquid, gas, odour, heat, sound, vibration or radiation

Any part or combination and the interrelationship between any two or more’


Environment

Proponent

Environment

Undertaking

Purpose

Addressing EA Act

Exemption from the

EA Act

Individual Environmental

Assessment

Environmental Screening

Regulations

•Public housing

•Firehalls

•New Major Highways

•Hydroelectric lines

•Transit

Addressing EA Act

Class EA Study

Master Plan

Integrated

Approach

Section A.2.9.

Planning Act application

1.

2.

4.

3.

Exemption from the

EA Act

Individual Environmental

Assessment

Environmental Screening

Regulations

5 EA Planning Principles

• Consultation with affected parties early in and throughout

the process

• Consideration of a reasonable range of alternatives, both

“alternatives to” and the “alternative methods” including

the “Do nothing” alternative

• Identification and consideration of the effects of each

alternative on natural, social cultural, technical and economic

• Systematic evaluation of alternatives’ advantages and

disadvantages, to determine their net environmental effects

• Provision of clear and complete documentation of the

planning process to allow “traceability” of decision-making

Class EA Planning Process

Identify

Problem

or opportunity

Review alternatives

Detailed Review

Documentation &

Notice of Completion

Statutory

Public

meeting

Statutory

Public

meeting

Implementation

Monitoring

Meeting Notices

Evaluation Criteria

Detailed

alternatives

Notice of

Commencement

Draft & final

reports

Municipal Class EA Schedules

Schedule A and A+ – Pre approved

- no Class EA studies

Schedule B – Project screening

- Must complete Phases 1 and 2

Schedule C – Full planning process

- Must complete phases 1 to 4

What you don’t want your EA planning process to look like..

1. Brainstorm a list of ways to influence the EA study in order to promote your sustainability goal

2. Develop a way to rank these ways to promote your goal in this EA study. For example some ranking criteria may include: cost, time, value-added or available knowledge.

3. Share with the workshop your top 2-3 ways to promote your goal

Review of Class EA Planning Process

Identify

Problem

or opportunity

Review alternatives

Detailed Review

Documentation &

Notice of Completion

Statutory

Public

meeting

Statutory

Public

meeting

Implementation

Monitoring

Meeting Notices

Evaluation Criteria

Detailed

alternatives

Notice of

Commencement

Draft & final

reports




assessment

• Approved process to meet all Class EA

requirements; introduced in the 2000 MEA Class

EA for Municipal Projects

• Substituted the Planning Act approval process for

the Class EA process where all conditions in

Section A.2.9. of Class EA were met

• Revised in 2011 amendment by Minister of the

Environment

Integrated Approach

Amendments to the Municipal Class EA:

• Removed status as pre-approved Schedule A

• Removed streamlining (e.g., OMB approval no

longer replaces Part II Order)

• Added Notice of Study Completion requirement

• Allowed projects off development site to use

• Projects subject to Planning Act review not 10

year Class EA lapsing

Disintegrated Approach

Class EA Activities Coordination Planning

Activities

Infrastructure

projects

• stormwater

management

• Roads

• Water

• Wastewater

Combine:

• Activities

• Single Notices

• Meetings

• Studies

• Official plans

• Official plan

amendments

• Secondary plans

• Community

improvement

plans

• Subdivisions

• Condominiums

Public Meeting #1

on Planning & infrastructure

alternative solutions

Document feedback from

the public and agencies

PHASE 2

Identify & evaluate alternative

infrastructure solutionsIdentify

preferred solutions

OPTIONAL

Notice of Commencement

PHASE 1

Problem Statement

For infrastructure projects

PHASE 3

Identify & evaluate Alternative

Design Concepts for Preferred

Solutions

Public Meeting #2

on Planning &alternative

design concepts

Class EA Activities Coordination

Planning Studies

prepared

Planning Studies

refined

Planning Studies

refined

Planning Activities

Planning

documents

prepared

PHASE 4

Infrastructure

Projects Study

Document solutions

recommended for

public and agency

input

released to public

Decision on Planning Proposal

& Projects

by Planning Authority or by

OMB

Appeals to OMB, if any

Review of Available Studies

for 30 day period

Notice of Public Meeting And

Notice of Study Completion

(Sample provided)

Statutory Public Meeting

(Planning Act)

Class EA Activities Consultation Planning Activities

Objection, if any

To Minister of the

Environment

Minister of the Environment

considers Part II Order

Decision on Part II Order

By Minister of the Environment

“Under the Planning Act, decision(s) may be

appealed to the Ontario Municipal Board (OMB). ...If

a project has been appealed to the OMB, the

requirements of the integrated approach have not

been met until the OMB renders a decision allowing

the project to proceed. ... a Part II Order request

may also be made to the Minister of the environment

or delegate. However, the purpose of the

integration provisions is to coordinate requirements

... When reviewing a request, the Minister of the

Environment ... will consider the purpose and intent

of the integration provisions.”

Revised Section A.2.9.

Coordinate a Planning Act application with a Class EA

project

Two exercises – two scenarios each table

• examine advantages and disadvantages of a

coordinated approach

• What would you recommend?

Janet Amos, MCIP, RPP

Amos Environment + Planning

1236 Butter and Egg Road,

Bracebridge ON P1L 1X4

705-764-0580

[email protected]

Amos OPPI Workshop October 12 2011 Final

Documents

Transcript of Amos OPPI Workshop October 12 2011 Final