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

Decision on instrument

This application for creation of one (1) new lot was approved subject to the following conditions:

1. That this approval applies to permit the creation of a new 1 hectare lot from PIN 42150-0234 as applied for, in the above noted location in unsurveyed territory in the District of Kenora.
2. That the following documents be provided for the transaction described in Condition 1:
   • A copy of the application to transfer documents;
   • 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
   • 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.
3. That an assessment of the impacts of development on the identified significant wildlife habitat (eagles nest) is completed by a qualified professional and that written confirmation is received from MECP that the assessment is appropriate for the characteristics of the site and the proposed development.
4. The 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:
   • Avoid developing next to the shoreline for a minimum of 30 metres
   • Maintain or add vegetation along the shore and around the property
   • Locate sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient.
   • Avoid septic starters, pump the tank out every three to five years and reduce water use.
   • With respect to sewer servicing, the Northwestern District Health Unit has not yet evaluated the severed or retained lots for their capability to support any type of septic system. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the Northwestern District Health Unit. Large private sewage disposal facilities which have a daily sewage flow of >10,000 litres, or communal systems, must be approved by the MECP. The Northwestern District Health Unit should be contacted for information on the proper installation and operation of Class IV septic systems and Class 1 (pit privy) sewage systems.
   • With respect to water servicing, the current owners or any prospective buyers of these lots should be advised that the water of Shoal Lake should not be used as a source of potable water 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. Should a well be considered as the drinking water source in the future or by prospective buyers of either lot, it must be constructed in accordance with Ontario Regulation 903 – Wells of the Ontario Water Resources Act, however no assessment has been undertaken for groundwater quality or quantity, and therefore, it may not be adequate to support the use of individual private wells.
   • It is also recommended that sewage systems be located as far as possible from the shoreline (at least 300 metres for lakes at capacity) where native soils are deepest, with any drinking water wells remaining up gradient. The further a sewage tile field is placed from a water body, the more the soils help control phosphorous, reducing potential for algae and weeds along the shoreline. Moreover, phosphorus loadings from septic systems can be reduced by avoiding the use of septic starters, pumping the tank out every three to five years and reducing water use.
   • All domestic waste produced on the retained and new lot must be appropriately handled and disposed of at an approved waste disposal facility

Other information

This application was approved on June 5, 2019 with a last day of appeal under the Planning Act of June 24, 2019