The Minister of Municipal Affairs and Housing is the approval authority for the new Perth County Official Plan. Section 17(34) of the Planning Act allows the approval authority to approve, modify or refuse to approve a new Official Plan. Section 17(36) indicates that anyone who makes oral submissions at a public meeting or written submissions prior to adoption by Council has the ability to appeal an official plan. However, Section 17(36.5) states that, “there is no appeal in respect of a decision of the approval authority under subsection (34), if the approval authority is the Minister.”
Therefore, in this specific case where the Minister is the approval authority for the new Official Plan, members of the public do not have the ability to appeal the decision.
You may have seen a statement about appeal rights in our flyers for the Public Open Houses, that statement is required under the Planning Act, Regulation 543/06, Section 3 (15) 6, even though in this case, members of the public do not have the ability to appeal the decision.
That said, Perth County Council and staff are committed to receiving feedback through the public consultation process and working to address any issues that are raised.
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