IF Region d Ped Wohki~fj f0k (Or

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1 Appendix V PROPR -ROPA 21B Natural Heritage and Agriculture April 14,2010 IF Region d Ped Wohki~fj f0k (Or January 19,2010 Bryon Wilson, President Peel Federation of Agriculture 1332 Humber Station Road Caledon, ON L7E OY3 Dear Bryon, Re: Regional Official Plan Amendment 218 (ROPA 21B) - Natural Heritage and Agriculture Policies The followinn provides Reaional staff responses to the Peel Federation of commetk on ~e~ionai Official Plan Amendment 21 (now ROPA 21 B) in response to vour deleaation to Reaional Council on November as ouilined in the entitled ~ acito Conservation #2. In addition, Regional staff has prepared a draft policy comparison table (for PFA review and comment) that summarizes our understanding of the PFA's comments on specific policies contained in ROPA 21 B, which is attached to this letter. The responses and policy comparison table have been prepared further to Regional Council direction to staff. PFA Request #I - Provide sufficient fime for agriculture policy developmen f In addition to consultation during the ROPA 21 process prior to the public meetina, the consultation on ROPA 218 has been extended over the winter to allow f&her consultation with the PFA, Town of Caledon staff, the Province and other stakeholders further to Regional Council direction. With respect to the reauest that ROPA 21 B be strenathened to address flexibilitv.,. biomass'energy produ'ction, and the international food production shortage, Reaional staff recoanizes the need to encouraae flexibilitv and diversification in the-agricultural sector and has provided appropriate policy direction at the Regional level. Regional policies have been developed in accordance with the Five Principles of the Regional Official Plan which aim to provide distinct Regional and area municipal planning roles in order to establish clarity and eliminate duplication in the planning process. ROPA 218 is proposing policies that would encourage a 10 Peel Centre Dr., Suite A, Brarnpton, ON L6T 489 Te1: mv.peelregion.ca

2 greater diversity of permitted agriculture, agriculture-related and secondary uses, innovation and new practices in the agricultural industry to address emerging opportunities. The Regional policies in Section , for example, encourage greater diversity of permitted uses, such as secondary uses and agriculturerelated uses within prime agricultural areas, and value-added industries. These policies compliment detailed policies in the Town of Caledon Official Plan that have been developed through Official Plan Amendment 179 (OPA 179) to provide flexibility while maintaining consistency with Provincial policy direction. These policies also ensure that the Prime Agriculture Area is protected for longterm use for agriculture. Regional staff intends to work in cooperation with the Town of Caledon to increase and support diversification in local farming and would support the development of new technology to enhance agricultural productivity (e.g. greenhouse technology for year round production). Regional staff is also committed to support the agricultural community and the PFA through Regional initiatives, including the Peel Agricultural Advisory Working Group (PAAWG), the Peel Rural Water Quality Program (PRWQP), and work undertaken through the GTA Agricultural Action Committee (GTA AAC) including topics related to marketing of local food, food security and economic viability of the farming sector. With respect to green energy opportunities in the agricultural sector, the province has enacted the Green Energy and Green Economy Act (GEGEA) which uploads the planning approvals responsibility for renewable energy projects to the Province. The new legislation aims to streamline and facilitate green energy approvals and production by centralizing the approvals process at the provincial level. Biomass energy production facilities will now be subject to the Renewable Energy Approvals (REA) process under the Environmenfal Profecfion Act. Renional staff is monitorina the Province's develooment of the REA Drocess and anticipates that a municipg commenting role will be identified when proposals come forward under the new legislation. Request #2 - Profect agriculture from non-conforming use status Proposed policies in ROPA 218 include recognition of the PPS policy direction that natural heritage policies are not intended to limit the ability of existing agricultural uses to continue. ROPA 21B also includes proposed exemptions in Section which permit existing uses, buildings and structures; expansions to existing agriculture buildings and structures; and new agriculture buildings and structures that are accessory to an existing agricultural use in Core Areas of the Greenlands System. In accordance with the Five Principles of the ROP, the policies provide appropriate Regional policy direction and allow detailed land use policies to be 10 Peel Centre Dr., Suite A, ilrampton, ON L6T 489 Tek w.peelregion.ca

3 developed by the area municipalities, including whether to recognize existing agricultural uses as legal conforming. Regional staff understands that the Town of Caledon Official Plan and Comprehensive Zoning By-law recognize existing agriculture as a permitted use within the Town's Environmental Policy Area (EPA) land use designation and implementing zone category, which means that existing agricultural uses are treated as legal-conforming uses, and are not placed into non-conforming status. The Caledon Official Plan also contains detailed policies for existing uses and accessory uses that allow the expansion or establishment of new accessory agricultural buildings and structures related to an existing agricultural use. The Town of Caledon is proposing to maintain these approaches as it works through its Provincial Policy Conformity exercise. The Regional policies in ROPA 21B reflect the PFA's recommendation to adopt an ecosystem approach for agriculture to allow existing agricultural operations to continue and expand. Where new accessory buildings and structures are permitted as exemptions, the exemptions are allowed subject to it being demonstrated that there are no alternative locations outside of Core Areas, and the development or site alteration is directed away from Core Areas to the greatest extent possible. If Core Areas can not be avoided, impacts to the Core Areas are to be minimized to the greatest extent possible in keeping with an ecosystem approach and the principle that existing agricultural operations should be allowed to continue and expand. The policies clarify that the exemptions are not allowed in provincially significant wetlands and the significant habitat of endangered and threatened species, except as authorized under Provincial legislation, in accordance with PPS direction. Request #3 - Determine the assessment costs of Provincial natural herifage policies Regional Council gave staff direction to undertake a joint study with the area municipalities to determine the scale of the assessment shift created by the designation of lands deemed to be natural heritage. Regional staff is moving ahead with the study further to Council's direction and will be bringing information forward to Council in the future relative to the results of this study. Request #4 - Require official plan amendments and public meetings for significant feature identifications Under the Planning Act, the responsibility to designate and develop policies for significant natural heritage features in official plans is assigned to municipalities. The Peel Region Official Plan Review (PROPR) is a formal statutory process under the Planning Act through which the Region is reviewing the Regional Official Plan. The revisions being proposed in ROPA 21B include identification Environment,Transportation and Planning Services 10 Peel Centre Dr., Suite A, Brampton, ON L6T 409 Tel: ww.peelregion.ca

4 and updated mapping for provincially significant wetlands and provincially significant areas of natural and scientific interest (ANSls) which are identified as Core Areas of the Greenlands System. This process has included significant consultation with the public including workshops, open houses and a public meeting in accordance with the formal process under the Planning Act for official planamendments. Regional staff understands that the Town of Caledon Official Plan contains a policy indicating'that major modifications to the EPA designation, including major additions, requires an Official Plan Amendment, and this amendment process requires public consultation. While amendments to official plans for wetlands and ANSls are the responsibility of municipalities, the criteria for determining significance and identification of wetlands and ANSI features are established by the Ministry of Natural Resources in accordance with the PPS. Regional staff supports the PFA concerns that the MNR consult with affected landowners and the general public when identifying significant features and when developing or updating evaluation procedures, criteria or guidelines for the identification of features. The process and scientific rationale for provincial criteria should be open to review by municipalities, agencies, affected landowners and the general public. Request #5 - Hold a public open house for proposed Schedule A mapping Regional staff will be holding a fourth open house in the Town of Caledon to provide the general public with information on ROPA 21 B and to provide large format mapping of Schedule A for review. Request #6 - Incrude "conservation approaches" for significant wildlife habitat and agriculture Municipal official plans are required to be consistent with the PPS policies. The PPS directs that development and site alteration is not permitted in significant wildlife habitat unless it is demonstrated that there will be no negative impacts on the natural features or their ecological functions. ROPA 218 does not identify significant wildlife habitat as a Core Area, but directs the area municipalities to develop appropriate policy for significant wildlife habitat as a Natural Area and corridor (NAC) of the ree en lands System, in accordance with the intent of the Regional Official Plan and consistent with provincial policy. The area m&icipalities are required to bring their ofilcial plans into.consistency with the PPS and the Regional Official Plan. The Regional policies in ROPA 218 (e.g. Section ) allow the area municipalities to apply the exemptions for existing agriculture outlined in the ROPA 218 to significant wildlife habitat in the local Official Plan. This policy approach is consistent with a conservation approach for agriculture as suggested by PFA. 10 Peel Centre Dr., Suite& Brampton, ON L6T 489 Tel: mpeelregion.ca

5 The latest draft policies in ROPA 21B for natural heritage and agriculture are attached for your review. Draft revisions that are being proposed at this time are highlighted in green. Regional staff look forward to discussions with the PFA to provide further explanation of the policy approach for agriculture being recommended in ROPA 218 and to obtain PFA input to assist staff in summarizing PFA comments on individual policies. Yours truly, Mark Head Acting Planning Manager Rural and Environment Policy Development Extension 4354 MHI cc Arvin Prasad Simone Banz Trish Eastman Emil Kolb Marolyn Morrison AIlan Thompson Nick de Boer Todd Salter Susan Jorgenson Mary Bracken 10 Peel Centre Dr., SuiteA, Bramplon, ON L6T 489 Tel: w.peelregion.ca

Norma Trim, Chief Financial Officer and Commissioner of Corporate Services

Norma Trim, Chief Financial Officer and Commissioner of Corporate Services P Raion d Peel REPORT General Committee DATE: REPORT TITLE: PEEL REGION OFFICIAL PLAN REVIEW (PROPR) -ADOPTION OF REGIONAL OFFICIAL PLAN AMENDMENT NO. 218 - NATURAL HERITAGE AND AGRICULTURE POLICIES FROM: