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

54-C-213330 was approved November 18, 2022 with conditions. This approval would permit the separation of the existing residential and agricultural uses. The subject property is known as 284124 Elliot Road, PINs 612730052 and 612730053 in the Unincorporated Township of Ingram, District of Timiskaming.

The severed lot will be approximately 40 hectares in size and irregularly shaped, with approximately 660 metres of frontage onto Allen Road and would be approximately 805 metres deep.

The lands are currently used for agricultural purposes and would continue to be used as such.

The retained lot will be approximately 22 hectares in size and irregularly shaped, with 800 metres of frontage onto Elliot Road and approximately 380 metres deep. This lot contains an existing dwelling built in 1980. No new buildings or structures are proposed as a result of this application.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). No public comments were received through the ERO notice process or the Planning Act notice in the newspaper. Partner ministry comments and comments from local agencies contributed to conditions related to land use compatibility and access, these considerations are described in the attached notice of decision. The decision to approve the consent is consistent with the Provincial Policy Statement, this decision will not have a significant impact on the environment.

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 December 8, 2022.

The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

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 and Housing, to its satisfaction, addressing the use and potential development of the retained lot, including:

   a.    The lot can only be used for agricultural uses and is not to be used for permanent residential and/or recreational uses;

   b.    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,

   c.    Provisions relating to the enforcement of the Consent Agreement.

2. That prior to final approval, the Ministry receive written confirmation from the Ingram Local Roads Board indicating that Allen Road is within the board’s jurisdiction, is maintained by the board, and that the board has no concerns with proposed access to both the severed lands by Allen Road.

The last day this decision can be appealed is December 8, 2022.