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

Application 60-C-211135 was approved on September 28, 2022 subject to the following conditions:

1. That this approval applies to permit to create a new lot of 1.11 hectares while 1.47 hectares  would be retained, as applied for, in the above noted location in geographic township of Kirkup in the District of Kenora.
2. That the following documents be provided for the transaction described in Condition 1:
   1. A copy of the application to transfer documents;
   2. A schedule to application to transfer on which is set out the entire legal description of the parcel(s) in question.  This Schedule must also contain the names of the parties indicated on application to transfer; and
   3. A reference plan of survey, which bears the Land Registry Office registration number and signature as evidence of its deposit therein, illustrating the parcel(s) to which the consent approval relates; and/or a legal description of the lands to be severed which is acceptable to the land registrar.
3. 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 and Housing, to its satisfaction, addressing the use and potential development of each the severed and retained lot, including:
   1. no more than one (1) residential dwelling and sewage system is permitted to be constructed on the lot, unless replacing the existing residential dwelling and sewage system. 
   2. prior to any development, site alternation or ground disturbing activities, an archaeological assessment shall be completed, and related archaeological reporting shall be entered into the Ontario Public Register of Archaeological Reports. Recommendations from archaeological assessment(s) must be followed.
   3. 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,
   4. provisions relating to the enforcement of the Consent Agreement.
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:
   1. No assessment has been undertaken for groundwater quality or quantity. Groundwater supplies may not be adequate to support the use of individual private wells, should this source of water be used in future.
   2. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 - Wells, under the Ontario Water Resources Act.
   3. The water of Longbow Lake should not be used for human consumption unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act.
   4. The use of Best Management Practices for shoreline development is strongly recommended. Best Management Practices such as shoreline naturalization and vegetated buffer strips can reduce the adverse effects of shoreline development on inland lakes. It is recommended that sewage systems be located where native soils are deepest, and at the furthest distance possible from the shoreline. 
   5. The landowners shall implement best management practices to prevent localized increase in phosphorous, algae and weeds along the shoreline. Several best management practices should be considered to protect local water quality including minimizing stormwater volumes and contaminant loads.  Examples include:
   6. Avoid developing next to the shoreline for a minimum of 30 metres and maintaining vegetation along the shore and around the property;
   7. Use grassed swales and/or vegetated filter strips on lots that require ditching to control runoff;
   8. Direct roof leaders to rear yard ponding areas, soakaway pits or rain barrels;
   9. Direct sump pump foundation drains to rear ponding areas and infiltration trenches; and
   10. Locate sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient. The attached fact sheet provides additional information. Additional resources are also listed in Appendix B of the Lakeshore Capacity Assessment Handbook, 2010, available at: http://www.ontario.ca/environment-and-energy/lakeshore-capacity-assessment-handbook- protecting-water-quality-inland-lakes.

The Last date to appeal this decision under Planning Act is October 18, 2022.