Borgeault Estate Inc. - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Site address

250 Downes Lake Road N.
Cartier, ON
Canada

Site location details

Summer Resort Location J.J.D. 465, Reference Plan No. 53-R-11846, PIN 73335-0026

Proponent(s)

Borgeault Estate Inc.
250 Downes Lake Road N.
P.O. Box 2
Cartier, ON
P0M 1J0
Canada

Decision details

The Application for Consent File No. 52-C-170836 was approved on August 10, 2020 subject to conditions.

The following non-standard condition was included:

1. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicant shall enter into a Consent Agreement with the Ministry of Municipal Affairs, to its satisfaction, addressing the use and potential development of the new and retained lot, including:

1. The lot can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent residential or commercial uses;
2. provisions to obtain undertakings from the applicant and/or the applicant’s lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and,
3. provisions relating to the enforcement of the Consent Agreement.

The purpose of this application is to sever an existing recreational dwelling and accessory structures from a lot which currently contains two seasonal recreational dwellings, both with accessory structures. The lands (PIN 73335-0026) front on Dowes Lake and are located at the end of Downes Lake Road.

The proposed severed lot would be approximately 0.21 hectares in size and contains an existing seasonal dwelling, sleep camp, workshop, wood shed, and sauna. The proposed retained lot would be approximately 0.53 hectares in size and contains a seasonal dwelling, garage, two sheds, and a trailer. Each lot is serviced by a septic system and well (one of each per lot). The proposed severed and retained lots would both be accessed by Downes Lake Road, which is maintained year-round by the Downes Lake Local Roads Board. No new construction is proposed as a result of this application.

Comments received

There were:

• 0 comments received through the registry (refer to your workbench for this number)
• 0 comments received by mail
• 0 comments received by email

Effects of consultation

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

Other information

The approval can be appealed under the Planning Act. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before August 30, 2020.

This instrument decision can be appealed. You have 20 days from August 10, 2020 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

Who can appeal

A notice of appeal can be submitted by:

• individuals
• corporations
• public bodies

A notice of appeal can’t be submitted by:

• an unincorporated association
• an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

• the specific part, or parts of the official plan amendment that you wish to appeal
• the reasons for your appeal
• the $300.00 appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3

Issuing authority

Megan Grant
Manager

Municipal Services Office North (Sudbury)
159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada
800-461-1193

Proponent

Borgeault Estate Inc.
250 Downes Lake Road N.
P.O. Box 2
Cartier, ON
P0M 1J0
Canada

Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5

Include the following:

• ERO number: 019-1830
• Ministry reference number: 52-C-170836

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.