Robert and Norman Bush - Approval for a consent (subject to conditions) in an area where there is no official plan in place

The application was approved on October 20, 2023, with modifications subject to the following conditions:

1. That this approval applies to the creation of one new water access parcel of land of approximately 13 hectares in size, for resource-based recreational use, while a 26-hectare parcel would be retained.
2. That this approval also applies to permit the creation of a right-of-way / easement over the retained and severed Lot 3 and Lot 2 for access to Lot 1; and for an easement over Lot 1 for access to the remainder of Lot 5, PIN 42133-0088 (see Appendix A to Decision).
3. That prior to final approval, this Ministry must receive a letter from the Northwestern Health Unit (NWHU) which states that both the severed and retained parcels have been inspected by the NWHU and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements.
4. That prior to final approval, a letter is received from a parking and docking facility or marina that they have four available parking and docking spaces for the owners of the severed and retained parcels.
5. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicants shall enter into a Consent Agreement for the severed and retained parcels with the Ministry of Municipal Affairs and Housing (MMAH), addressing the potential development of the lands, including that the parcels can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent residential, commercial or industrial uses.
6. To ensure no adverse negative impacts to the ecological integrity and functions to adjacent natural features outlined in the Environmental Impact Study completed by PINCHIN in January 2023, the following should be provided prior to final approval:
   1. A Tree Inventory Plan to minimize or avoid impacts to breeding birds prior to any site alteration or construction taking place.
   2. A Site Plan with Erosion and Sediment Control measures with protection measures of the surrounding features for the construction on the site.
   3. A formal written undertaking by the proponents indicating that works as a result of recommendations noted in the Tree Inventory Plan and Erosion and Sediment Control measures (from 6 a) and b) above) shall be carried out.
7. That prior to final approval, the applicants shall cause a restriction to be registered on Lots 1 and 2, as shown on the attached sketch, identified hereto as Appendix A and forming part of this Decision, in wording acceptable to the Ministry of Municipal Affairs and Housing, having the effect that:
   1. To protect fish habitat, removal of shoreline vegetation in the riparian area 30 metres back from the high-water mark will not be permitted along pike spawning area identified in Fish Assessment Study.
   2. To protect fish habitat, no in-water work between April 1st and June 20th shall be permitted.
8. This Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
   1. That the Province of Ontario does not guarantee road access to the properties and that private owners who rely on the Crown road for access may need to assume costs and responsibility for upkeep and maintenance of the access road.
   2. That mitigation measures to protect fish habitat from the Fish Habitat Review prepared by NorthWinds Environmental Services in July 2023 be read and followed during the development of the properties.