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

The application for consent, 60-C-247026 is draft approved subject to conditions. The applicants have two years to satisfy standard conditions of draft approval, otherwise approval will lapse. The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Ontario Land Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before February 13, 2025.

Conditions include:

1. 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.

2. 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), to its satisfaction, addressing the potential development of the lands, including:

a) 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;

b) a restrictive covenant, prepared to the satisfaction of the Ministry of Municipal Affairs and Housing, prohibiting the use of the parcels for permanent residential, commercial or industrial uses will be registered on title;

c) the Consent Agreement will be registered on title;

d) provisions to obtain undertakings from the applicants and/or the applicants’ lawyer to implement conditions and requirements (e.g. registering the restrictive covenant and Consent Agreement on title); and,

e) certain standard and site-specific requirements and notification provisions be identified, including those in SCHEDULE 1 to the Decision.

f) provisions relating to the enforcement of the Consent Agreement and compliance with the restrictive covenant.

3. That prior to final approval, the applicants shall cause a restriction to be registered on the retained and severed properties, in wording acceptable to the Ministry of Municipal Affairs and Housing, having the effect that:

a) 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 identified fish spawning area.

b) To protect fish habitat, no in-water work between April 1st and June 20th shall be permitted.

c) To mitigate the impacts of development on breeding birds and potential bat roosting, clearing of vegetation shall be avoided from April 1st to September 30th.

4. 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:

a)   That the Province of Ontario does not guarantee road access to the property and that private owners who rely on the private road for access may need to assume costs and responsibility for upkeep and maintenance of the roadway.