The Municipality of Clarington has announced that it will retain the flexibility not to refund planning fee.
As of July 1, 2023, the Planning Act requires municipalities to refund planning application fees when decisions are not made within a specific time frame.
A Clarington statement said this measure can put municipalities into a position where they must either refund fees, or deny development applications that may need more time than the legislation allows.
It said staff consulted with the development community about these changes. “Many applicants do not wish to collect a fee refund or have the municipality prematurely deny an application. They would prefer to work together with the municipality in a timely and efficient manner to move the application forward,” the statement said.
As a result, Clarington Council voted to introduce a Planning Fee Refund Waiver to allow the Deputy CAO of Planning and Infrastructure to waive planning application fee refunds under certain circumstances.
The waiver would be used when an applicant and municipal staff are working together in good faith, but require additional time to advance an application. The waiver would not limit the municipality’s discretion to ultimately approve or deny an application, and would not negate an applicant’s right to appeal a decision to the Ontario Land Tribunal (OLT), the statement said.
The legality of the waiver in context of the Planning Act is not immediately clear.