‘It’s created a divide’: Windsor council asks province to restore residents’ right to appeal planning decisions

Council discusses community involvement in planning decisions, a new event series that hopes to provide tourism boost, and shelter funding. Sanjay Maru reports.

Windsor city council is asking the province to give residents back the ability to appeal certain planning decisions to the Ontario Land Tribunal.

The motion came after council reviewed a recent OLT decision involving a proposed townhouse development at 4170 and 4190 Sixth Concession Road.

The developer sought approval to replace two existing homes with five two-storey townhouse buildings containing 27 residential units. The plan also includes a new public street connecting to Spago Crescent.

The project had drawn concern from nearby residents, particularly over traffic and pedestrian safety. According to the OLT decision, those issues were dominant themes in resident submissions.

But the tribunal allowed the developer’s appeal, finding the proposal represented “gentle intensification” and was compatible with the surrounding neighbourhood. The decision also said the City of Windsor did not tender evidence in support of its position.

The tribunal found the development would add about 20 vehicle trips in or out during the morning peak period and about 26 during the evening peak period. It accepted evidence that the surrounding streets could handle the added traffic.

The decision prompted Coun. Fred Francis to bring forward a motion during the May 25 meeting of Windsor city council, asking the province to restore third-party appeal rights at the OLT.

“I dislike this process very much,” Francis said during Monday’s meeting.

The issue traces back to provincial changes that took effect in 2024.

Bill 185, the Cutting Red Tape to Build More Homes Act, received royal assent on June 6, 2024, limiting who can appeal certain planning decisions to the Ontario Land Tribunal.

Since then, residents and neighbourhood groups have generally no longer been able to launch third-party appeals of decisions on matters such as zoning bylaw amendments and official plan changes, with appeal rights largely left to applicants, municipalities, public bodies and limited “specified persons.”

Francis said residents often bring their concerns to council believing councillors have the final say. But in many planning matters, he said, council’s decision can still be appealed to the OLT.

“Everyone expects us to be the final decision makers,” Francis said. “And here we are. We’re not the final decision makers.”

Francis said restoring third-party appeals would give residents a chance to speak directly to the body that may ultimately decide whether a development goes ahead.

He said the current process has created frustration among residents and division around the council table.

“It’s created a divide in the community. It’s created a divide on council,” Francis said. “That, in and of itself, tells me it’s a bad process.”

Several councillors supported the motion, though some questioned whether the province would be willing to reverse course.

Councillors noted the province has changed planning rules in recent years to speed up housing approvals. Bill 185, the Cutting Red Tape to Build More Homes Act, received royal assent in June 2024 and made major changes to who can appeal certain Planning Act decisions to the OLT.

Coun. Jo-Anne Gignac said she would support the motion, but said she does not believe the province will bring back appeal rights that could slow down housing approvals.

“I know darn well they’re not going to change,” Gignac said. “It’s a good soundbite. We can ask.”

Coun. Kieran McKenzie said the current system leaves council and city administration facing public anger for decisions where they have limited power.

“This body, the City of Windsor administration and council have all of the accountability and a very little amount of the authority to make these decisions,” McKenzie said.

McKenzie said the province should be part of the public conversation when residents are upset with planning rules, rather than leaving municipalities to absorb the frustration.

But he also warned there could be consequences if third-party appeals are restored.

McKenzie said some projects council wants to see built could also be delayed by appeals. He pointed to the new regional hospital as an example of a major project that went through a long planning appeal process.

The motion was raised about a month and a half after council dealt with another contentious housing proposal, this one at Cabana Road West and Casgrain Drive.

That proposal, for 1141 and 1175 Cabana Road West, calls for a three-storey building with 29 residential units, 37 surface parking spaces and one vehicle entrance and exit on Casgrain Drive.

The project first deadlocked at a city committee in April, when motions to approve and reject the rezoning both ended in tie votes.

The matter later went to council, where a motion to reject the rezoning failed 8-3.

Council ultimately approved the rezoning, while also asking administration to look at traffic concerns raised by residents, including whether vehicle access to the development could be moved from Casgrain Drive to Cabana Road West.

Mayor Drew Dilkens said those cases show how little room council can have once professional planning staff recommend approval.

He said council relies on registered professional planners, and if their reports support a development, councillors need strong planning reasons to reject it.

By the time a supported application reaches council, Dilkens said, councillors are left with “very little authority to change it.”

Dilkens added council can vote against a project to show residents they have been heard, but if the application is supported by planning policy, the developer will almost certainly win at the OLT.

“All we’ve done is delay the inevitable,” Dilkens said, referring to cases where council sides with residents against a development, despite knowing the applicant is likely to win if the matter is appealed to the OLT.

Dilkens said residents deserve a stronger voice when a proposed development affects what is often their largest investment: their home.

“They feel disempowered in a process,” Dilkens said. “I’m hopeful the province will consider our resolution.”

Francis acknowledged he was not confident the province would change the entire planning appeal process because of Windsor’s request, but said council still had to try.

“Nothing happens if you don’t ask,” Francis said, adding added the city has to raise concerns when it sees a system “that isn’t working or can be working better.”

“You can’t get something if you don’t ask.”