By: Ibrahim Syed

What is the Land Use Compatibility Guideline?

The Ontario Ministry of Environment, Conservation and Parks (MECP) is proposing a single Land Use Compatibility Guideline (LUCG) to replace multiple existing D-series guidelines for the assessment of compatibility between industrial operations and sensitive land uses. The proposed LUCG would apply when an approval under the Planning Act is needed in the following situations:

1. a new or expanding sensitive land use is proposed near an existing or planned Major Facility; or

2. a new or expanding Major Facility is proposed near an existing or planned sensitive land use.

The primary purpose of the LUCG is to support the implementation of the Provincial Policy Statement, 2020 (PPS).

The proposed LUCG shifts the compatibility assessment approach from the three industrial class system (Class I, II and III) in the D-series guidelines to a five industrial class system (Class 1 to 5). Each of the five classes is assigned characteristic zones of potential impact called Area of Influence (AOI) and Minimum Separation Distance (MSD). These parameters are based on an analysis of the MECP complaint data (specific to noise, dust and odour) from a ten-year period. Figure A below shows the MECP guidance for determining AOI and MSD.

Figure A: Area of Influence and Minimum Separation Distance

(Photo Reference – Ministry of the Environment, Conservation and Parks - DRAFT - Land Use Compatibility Guideline (pg 19) - https://ero.ontario.ca/notice/019-2785)

When the LUCG requirements are triggered, the first step requires a proponent to determine whether a proposed sensitive land is within a Major Facility’s AOI/MSD, or whether the AOI/MSD of a proposed Major Facility captures existing sensitive land uses. If the answer is yes, then a compatibility study is required, otherwise not. The proposed LUCG recommends against the development of sensitive land uses within the MSD of a Major Facility.

Table 1 provide facility specific AOIs, MSDs and Class numbers. Proponents of industrial facilities or proponents of sensitive land uses can refer to Table 1 of the proposed LUCG to confirm if the industrial facility belongs to a specific type of Major Facility. If the Major Facility is not identified in Table 1 of proposed LUCG, then guidance provided in Table 2 and Table 3 of the proposed LUCG can be used to classify the Major Facility based on factors such as potential for fugitive emissions, hours of operations, noise and odour complaint history, etc. Table 2 and Table 3 provide generic AOIs, MSDSs and Class numbers.

Minimum and maximum AOI recommended in the D-series guidelines are 70 meters (Class I) and 1000 meters (Class III) respectively. In contrast, the proposed LUCG recommends generic minimum and maximum AOI of 500 meters (Class 1) and 2000 meters (Class 5), respectively. It was noted that the generic AOIs and MSDs are higher than facility specific AOIs and MSDs. For example, generic Class 1 AOI is 500 meters whereas facility specific Class 1 (for a ready-mix concrete plant) AOI is 250 meters. Direct comparison between AOIs and MSDs of D-series guideline classes and of proposed LUCG classes is difficult, so specific examples are provided in Table A below.

Table A: Comparison of AOIs and MSDs in D-Series Guidelines and Proposed LUCG

* Typical Class associated with the industrial operation. Class category not specifically assigned by D-series guidelines.

** Class category assigned by proposed LUCG.

What to do if Development is Proposed within an AOI or MSD?

As per the proposed LUCG, the first step is to carry out a compatibility study. If a compatibility study shows that no adverse effects to sensitive land uses or impacts to major facilities is expected at the proposed separation distance (or a revised separation distance based on the study) without mitigation, then no further action would be required (unless the proposal is for a new sensitive land use located within the MSD). If a compatibility study shows that adverse effects to sensitive land uses or impacts to major facilities are expected at a proposed separation distance, then identification of mitigation measures is required. The implementation of identified mitigation measures is recommended as part of the planning approval process. If a proposed new sensitive land use is located within the AOI of a major facility and mitigation measures are identified or if a proposed new sensitive land use is located in the MSD of a major facility, a demonstration of need would be required, which is an assessment that determines whether there is an identified need for the proposed use in the proposed location and evaluates alternative locations for the proposed use if avoidance is not possible. Demonstration of need is only required for proponents of sensitive land uses.

How ORTECH can help?

ORTECH can assess compatibility of your new or expanding industrial facility or proposed sensitive land use development with existing industrial land uses in the area, by identifying appropriate AOI and MSD based on the proposed LUCG. From there ORTECH can prepare compatibility study reports in support of rezoning applications or site plan approval applications. As per the LUCG, planning authorities may consider using an alternate AOI if it can be justified through the results of a technical and scientific process similar to that of a compatibility study. ORTECH can complete technical assessments to identify alternate AOI suitable for your industrial facility or sensitive land use development. ORTECH can also identify suitable mitigation strategies, if required and develop technology benchmarking reports, odour/dust best management plans, etc. to minimize adverse impacts. Figure B shows the decision tree for land use compatibility assessment. The comment period for the proposed LUCG closes July 3, 2021 and ORTECH is tracking the important developments associated with proposed LUCG by attending MECP’s webinars and information sessions and submitting our own comments.