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

54-C-213228 was approved December 23, 2022 with conditions. This approval permits the severance of lands to separate the existing residential dwelling from the agricultural lands. 

The subject property is known as 113377 Marshall Road, PIN 61271-0112. The application will separate the existing residential dwelling from agricultural lands. The severed lot will be approximately 1.2 hectares in size and retangular in shape, with approximately 76 metres of frontage on Marshall Road. This severed lot contains an existing house and shed and is serviced by well and septic.

The retained lot will be approximately 63 hectares in size and irregularly shaped, with 736 metres of broken frontage onto Marshall Road. The lot is currently vacant, partly wooded and partly agricultural fields. The lot will continue to be used for agriculture.

No public comments were received through the Environmental Registry of Ontario notice process or the Planning Act notice in the newspaper. Partner ministry comments and comments from local agencies contributed to the decision and conditions.

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 Environmental Registry of Ontario 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 January 12, 2023.

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

Non-standard conditions include:

1. That prior to final approval, the ministry must be provided written confirmation from the Timiskaming District Health Unit that the retained and severed lands have been inspected and are suitable for the installation of a subsurface sewage system and that any 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 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.

The last day this decision can be appealed is January 12, 2023.