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Reasons to Rescind the OMB Decision By Louisette Lanteigne [email protected]

Reason to rescind OMB decision

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The Ontario Municipal Board recently ruled against the Region of Waterloo for measures the Region took to curb urban sprawl. Here are the reasons why I believe they should rescind their decision.

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Page 1: Reason to rescind OMB decision

Reasons to Rescind the OMB Decision

By Louisette Lanteigne

[email protected]

Page 2: Reason to rescind OMB decision

Land-Use Planning

• Traditionally, the underlying belief of planning is that collective rationality can be brought into the way our cities are built rather than leaving it up to individuals in the marketplace where inefficiencies may prevail especially with respect to long-term thinking (Makuch, 2004).

Page 3: Reason to rescind OMB decision

Land Use Planning and Private Development Bias

• Planning is a highly charged financial process - development or redevelopment can mean big bucks for private individuals.

• Private interests may have deleterious implications despite the benefits they may bring about and thus must be reconciled with the interests that the public has for appropriate development that takes into consideration other values such as environmental protection and not overburdening municipal services (Swaigen, 1993).

Page 4: Reason to rescind OMB decision

Planning Act

• The Act contains myriad policies in support of strict prohibition of proposed development

• Section1.1 outlines the purpose:

(a)  to promote sustainable economic development in a healthy natural environment within the policy and by the means provided under this Act.

Page 5: Reason to rescind OMB decision

Supporting PPS Provisions

• 2.1.1 Natural features and areas shall be protected for the long term.

• 2.1.2 The diversity and connectivity of natural features in an area, and the long-term ecological function and biodiversity of natural heritage systems, should be maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features.

Page 6: Reason to rescind OMB decision

Planning Act cont’d…

• Section 2 stipulates the Provincial Interest in broad terms:

(a)  the protection of ecological systems, including natural areas, features and functions

(c)  the conservation and management of natural resources and the mineral resource base

Page 7: Reason to rescind OMB decision

Planning Act cont’d…

Provincial Interest cont’d

(d)  the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;

(e)  the supply, efficient use and conservation of energy and water;

Page 8: Reason to rescind OMB decision

Planning Act cont’d…

Provincial Interest cont’d

(h)  the orderly development of safe and healthy communities;

(l)  the protection of the financial and economic well-being of the Province and its municipalities;

Page 9: Reason to rescind OMB decision

Planning Act cont’d…

Provincial Interest cont’d

(n)  the resolution of planning conflicts involving public and private interests;

(o)  the protection of public health and safety;

(p)  the appropriate location of growth and development.   

Page 10: Reason to rescind OMB decision

‘Consistency’ with Provincial Policy Statement (PPS)

• Pursuant to Section 3 subsection 5 of the Planning Act, all land-use decisions must be consistent with the PPS – a more stringent standard

• The proposed site must comply to sections 2.1 Natural Heritage and 2.2 Water from section 2.0 Wise Use and Management of Resources, which the proposal violates.

Page 11: Reason to rescind OMB decision

Supporting PPS Provisions cont’d…

• 2.1.6 Development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 2.1.3, 2.1.4 and 2.1.5 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.

Page 12: Reason to rescind OMB decision

Supporting PPS Provisions cont’d…

• 2.2.1 Planning authorities shall protect, improve or restore the quality and quantity of water by:

a) using the watershed as the ecologically meaningful scale for planning;

b) minimizing potential negative impacts, including cross-jurisdictional and cross-watershed impacts;

c) identifying surface water features, ground water features, hydrologic functions and natural heritage features and areas which are necessary for the ecological and hydrological integrity of the watershed;

d) implementing necessary restrictions on development and site alteration to:1. protect all municipal drinking water supplies and designated vulnerable areas; and 2. protect, improve or restore vulnerable surface and ground water, sensitive surface water features and sensitive ground water features, and their hydrologic functions;

Page 13: Reason to rescind OMB decision

Supporting PPS Provisions cont’d…

e) maintaining linkages and related functions among surface water features, ground water features, hydrologic functions and natural heritage features and areas;

f) promoting efficient and sustainable use of water resources, including practices for water conservation and sustaining water quality; and

g) ensuring stormwater management practices minimize stormwater volumes and contaminant loads, and maintain or increase the extent of vegetative and pervious surfaces.

2.2.2 Development and site alteration shall be restricted in or near sensitive surface water features and sensitive ground water features such that these features and their related hydrologic functions will be protected, improved or restored.

Page 14: Reason to rescind OMB decision

Planning criteria not met by OMB decision makers

Pursuant to Section 51 subsection 24 of the Planning Act, decision makers must have regard to the following:

(a)  the effect of development on matters of provincial interest as referred to in section 2;

(b)  whether the development beyond the country side line is premature or in the public interest;

(c)  whether the plan conforms to the official plan;(d)  the suitability of the land for the purposes for which it is

to be used;(h)  conservation of natural resources and flood control;(l)  the physical layout of the plan having regard to energy

conservation.

Page 15: Reason to rescind OMB decision

Summary of Issues and Concerns:

Leads to Environmental Degradation of the Community

• Water quantity and quality issues• Incomplete environmental assessments

Does not conform to all necessary Provincial policy and legislation

• Non-conforming to Planning Act and March 2005 Provincial Policy Statement

Therefore, the OMB decision appears to represent bad planning!

Page 16: Reason to rescind OMB decision

Ontario Farmlands

Page 17: Reason to rescind OMB decision

Where do Farmlands Come from? That answer is as easy as dirt!

Aggregate distribution governs all aspects of the surface and subsurface geological characteristics of an area. Aggregates shape topography, mineral contents and ph levels influencing the plants that grow and the species that thrive.

Aggregate distribution impacts water quality, water volumes, water flow and flow rates heading to wells and tributaries. It's role in retaining water, either above or below the ground, impacts atmospheric temperatures. It supports a web of biodiversity both above and below and in soil layers. It helps to controls floods, prevents drought and provides water for agriculture, tributaries, lakes and rivers which supports communities and industries.

Aggregates are the keystone for all of this!

Page 18: Reason to rescind OMB decision

A View of Ontario's Farmlands2011 Census of Agriculture

Ontario has the biggest agricultural output as measured by farm cash receipts, with 12.6 million acres in agricultural production, just 5.6% of Ontario’s land base.

Though Ontario has less than a quarter of the farmland of either Saskatchewan or Alberta, the combination of soil and climate mean yields on Ontario farmland are often double or more than that of the Prairies.

Page 19: Reason to rescind OMB decision

Farming in Ontario = $50 billion/year

Direct employment in the automotive sector in 2010 was 31,500, while food processing hit 127,000.

The Alliance of Ontario Food Processors also reported the farming created an additional 90,000 jobs.

In 2010, the auto sector had $43.6 billion in revenue in Ontario, while food processing, agriculture products and farming grossed nearly $50 billion.

http://ca.news.yahoo.com/food-processing-beats-auto-industry-ontario-report-says-110736478.html

Page 20: Reason to rescind OMB decision

Farmlands in Ontario at risk

Number of farms in Ontario dropped 9.2% from 2006 to 2011

The area farmed in the province fell 4.8% from 2006 to 2011.

Page 21: Reason to rescind OMB decision

The reason for decline of Ontario farms:

“It’s subdivisions, it’s shopping malls, it’s roads,” said Mark Wales, president of the Ontario Federation of Agriculture. “We’re developing good farmland that in the long run will not be available to grow food, fibre and fuel for the world.”

Page 22: Reason to rescind OMB decision

Mark Wales, President ofOntario Federation of Agriculture states:

“Canada is expected to be one of only six countries in the world to be a net

exporter of food.”

http://www.lfpress.com/news/london/2012/06/04/19836431.html

Page 23: Reason to rescind OMB decision

Global water & food crisis due to declining aquifers

World's largest aquifer going

dry The Ogallala aquifer is the world's

largest underground water system, irrigating one-third of the US corn crops and providing drinking water to Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas and Wyoming. It’s one of the fastest-disappearing aquifers in the world and the water is not coming back. ( Associated Press)

China's north that produces food for 400 million people is running out of water because they are depleting the underground aquifers.

Thomas Fingar, chairman and deputy director US National IntelligenceCouncil and

The failure of governments to limit pumping to the sustainable yield of aquifers means that water tables are now falling in countries that contain more than half the world's people, including the big three grain producers--China, India, and the United States.

Lester R. Brown,Earth Policy Institute, Washington D.C.

Page 24: Reason to rescind OMB decision

According to the Word Bank:

Drought-affected areas would increase from 15.4% of global cropland today, to around 44% by 2100.

The most severely affected regions in the next 30 to 90 years will likely be in southern Africa, the United States, southern Europe and Southeast Asia.

http://climatechange.worldbank.org/content/climate-change-report-warns-dramatically-warmer-world-century

Page 25: Reason to rescind OMB decision

Agricultural lands WITH WATER are in high demand.

• Countries such as China, Korea and the United Arab Emirates are buying or leasing agricultural land to help meet their own food needs.

The International Food Policy Research Institute

• The World Bank estimates that demand for food will rise by 50 percent by 2030. The National Intelligence Council’s Global Trends 2025

• Global Economist project that agricultural lands will surpass the value of development lands in the near future due to rising oil production costs, population increases, higher standard of living, water shortages climate change and drought.

First photo: China, Second Photo: The US Third: Waterloo Ontario

Page 26: Reason to rescind OMB decision

2012 view of US Drought

Page 27: Reason to rescind OMB decision

US drought resulted in toxic feed

Cattle are being poisoned by cyanide-laced weeds in Arkansas. Across the Midwest water-soluble fertilizers are concentrating in soils and plants, making them harmful rather than productive. And in Missouri, samples suggest that more than half the corn crop isn't fit for human consumption, thanks to unusually high levels of nitrogen. There was not enough water for photosynthesis and high nitrate build up made the corn toxic.

http://current.com/10b70kc

Page 28: Reason to rescind OMB decision

Atrazine contaminated US water supplies. Drought and depleted aquifers reduced groundwater to dilute.

Page 29: Reason to rescind OMB decision

This is Africa

Page 30: Reason to rescind OMB decision

This is America's Midwest in 2012

Page 31: Reason to rescind OMB decision

Think Globally

Page 32: Reason to rescind OMB decision

Act Locally!Protect our A1 farmlands and primary recharge areas

from quarries and development.

Save Don't Pave

Primary Recharge Areas

Expand the Greenbelt

Page 33: Reason to rescind OMB decision

Save food and water resourcesfor generations to come!