A Law Unto Itself: How the Ontario Municipal Board Has Developed and Applied Land-Use Planning Policy (IPAC Series in Public Management and Governance)

Illuminates OMB practices of overturning municipal land-use planning decisions to impose its own policies, which are generally protective of private interests, and of applying provincial planning policies within the context of its own standards. A Law Unto Itself Provides A Detailed Examination Of The Development And Application Of Land Use Planning Policy By The Ontario Municipal Board (omb), A Key Canadian Administrative Tribunal. Unlike The Many Existing Analyses That Focus On Judicial Reviews Of The Administrative Process, This Text Explores The Administrative Process Itself And Demonstrates How A Tribunal Creates And Implements Policy Through Its Decision Making.--book Jacket. Preface -- Introduction -- 1. The Genesis, Evolution, And Operation Of The Omb -- From Railway Regulator Tojack-of-all-trades Tribunal -- The Structure And Operation Of The Omb -- The Planning Appeal Role Of The Omb -- The Emergence Of The Omb As A Land Use Planning Tribunal -- The Omb As A Developer Of Planning Policy -- 2. The Evaluation Of Interests -- The Public Interest -- The Adverse Impact Test -- The Balancing Of Public And Private Interests -- The Evaluation Of Private Interests -- Has The Omb Been Captured? -- 3. Policy Development In A Statutory/judicial Context -- The Adequacy Of Approval Procedures -- Interference With Council Decisions -- The Adequacy Of Decision Making -- Interim Control By-laws -- The Meaning Of Minor -- 4. Policy Development In A Public Policy Vacuum -- The Principles Of Good Planning -- The Protection Of Neighbourhood Character -- Commercial Competition -- The Provision Of Social Housing -- Prematurity -- 5. The Treatment Of Provincial Policy -- Sources Of Provincial Policy -- The Pattern Of Omb Involvement -- The Omb's General Approach -- Regional Planning Policy -- Urban Development And The Protection Of Agricultural Lands -- Statements Of Provincial Policy -- Matters Of Provincial Interest -- Environmental Protection Policies -- Conclusions -- 6. A Tribunal Out Of Time -- Theory V. Practice -- The Omb And The Province -- The Implications Of Applying A Private Law Ideology -- A Forum For Sober Second Thought -- Appendix: Methodology -- Notes -- Bibliography -- Index Of Cases -- General Index John G. Chipman. Ipac. Includes Bibliographical References (p. [241]-247) And Indexes.

A Law Unto Itself provides a detailed examination of the development and application of land use planning policy by the Ontario Municipal Board (OMB), a key Canadian administrative tribunal. Unlike the many existing analyses that focus on judicial reviews of the administrative process, this text explores the administrative process itself and demonstrates how a tribunal creates and implements policy through its decision-making.

Using a wide variety of case studies, John Chipman analyzes almost 900 of the OMB’s planning-related decisions during two specific time periods (1971-1978 and 1987-2000), illuminating the way in which the OMB frequently overturns municipal land-use planning decisions and imposes its own policies, which are generally protective of private interests, and the way in which it applies provincial planning policies within the context of its own standards. Chipman concludes that the nature of the policies developed by the OMB as well as the changing climate within which it operates together provide evidence that the board has outlived its role as a planning appeal tribunal.

A Law Unto Itself provides a detailed examination of the development and application of land use planning policy by the Ontario Municipal Board (OMB), a key Canadian administrative tribunal. Unlike the many existing analyses that focus on judicial reviews of the administrative process, this text explores the administrative process itself and demonstrates how a tribunal creates and implements policy through its decision-making. Using a wide variety of case studies, John Chipman analyzes almost 900 of the OMB?s planning-related decisions during two specific time periods (1971-1978 and 1987-2000), illuminating the way in which the OMB frequently overturns municipal land-use planning decisions and imposes its own policies, which are generally protective of private interests, and the way in which it applies provincial planning policies within the context of its own standards. Chipman concludes that the nature of the policies developed by the OMB as well as the changing climate within which it operates together provide evidence that the board has outlived its role as a planning appeal tribunal "A Law unto Itself provides a detailed examination of the development and application of land use planning policy by the Ontario Municipal Board (OMB), a key Canadian administrative tribunal. Unlike the many existing analyses that focus on judicial reviews of the administrative process, this text explores the administrative process itself and demonstrates how a tribunal creates and implements policy through its decision making."--Résumé de l'éditeur