Susan Simpson & Jeffrey Keegan - Approval for a consent (subject to conditions) in an area where there is no official plan in place

The application was approved on August 30, 2023 with modifications subject to the following conditions:

That this approval is modified to permit the severance of approximately 0.75 hectares from PINs 62327-0328 and 62327-0329 and leave a retained lot of 1.15 hectares and include the Two Island Lake shoreline attached to the retained so no new development can take place on Two Island Lake.

2. That the new survey line on Part 5 should be located 40 metres back from the Two Island Lake surveyed shoreline.

3. That the applicants shall cause a restriction to be registered on Parts 1, 4, part 5B and 10 (parts of retained lot), as shown on Appendix A and forming part of this Decision, in wording acceptable to the Ministry of Municipal Affairs and Housing, having the effect that:

The natural buffer of shoreline vegetation will not be disturbed up to the 40-metre mark from the shoreline of Two Island Lake; and

No docks or buildings or shoreline structures shall be constructed up to the 40-metres mark from the shoreline of Two Island Lake.

4. The applicants or their solicitor shall give an undertaking that, upon any subsequent sale or transfer of Parts 1, 4, part 5B and 10, identified hereto as Appendix A, it shall be a requirement of the sale or transfer that each successor in title shall acknowledge and agree to be bound by the restriction registered in accordance with condition 3, for themselves and any future successor in Title.

5. That prior to final approval, an archaeological assessment (and any further assessments, as recommended) must be prepared by a licensed archaeologist under the Ontario Heritage Act on the entire property and submitted to the Ministry of Citizenship and Multiculturalism (MCM).

6. 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, with one recreational dwelling per transferable lot, and is not to be used for permanent residential, tourism, commercial, industrial or other purposes.

b. No further severances shall be permitted on the retained or severed lands.

c.    For the retained property:

       i.   The natural buffer of shoreline vegetation will not be disturbed up to the 40-metre mark from the shoreline of Two Island Lake; and

       ii.   No docks or buildings or shoreline structures shall be constructed up to the 40-metre mark from the shoreline of Two Island Lake. 

d.    No wells shall be installed on the retained or severed lands without a proper study completed by a qualified professional ensuring the lands can safely accommodate it.

e.    Certain standard and site-specific requirements and notification provisions be identified, including those in Schedule 1 to this Notice of Decision.

f.     Provisions to obtain undertakings from the applicants and/or the applicants’ lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and

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

7.  That prior to final approval, the applicants and their solicitor shall apply to the Director of Titles for an entry to be made on the register that no transfer shall be made or charge created with respect to the lands for the severed portion (Parts 3, 5A, 6 and 7) and for the retained (Parts 1, 2, 4, 5B, 8, 9 and 10), as shown on Appendix A, unless the consent of the Manager, Community Planning and Development, Municipal Services Office North – Thunder Bay, Ministry of Municipal Affairs and Housing is given to the transfer or the creation of a charge.

The applicants have two years to satisfy 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 September 19, 2023.