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

Instrument type: Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-6578
Ministry reference number
60-C-213247
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
January 30, 2023 - March 1, 2023 (30 days) Closed
Last updated

This consultation was open from:
January 30, 2023
to March 1, 2023

Decision summary

Application for Consent, 60-C-213247 to re-establish an agricultural parcel was granted provisional approval on March 7, 2023. The last day to appeal this decision is March 27, 2023.

Location details

Site address

265 Benham Road
Vermilion Bay, ON
P0V 2V0
Canada

Site location details

PINs 42072-0022 and 42072-0289 on Concession 4 Part of Lots 5 and 6 Parcel 41513, Parts 1 to 6 on Registered Plan Number 23R-12234, and Concession 4 Part of S1/2 of Lot 6, Parts 1 to 8 on Registered Plan Number 23R7129, Parcel CL 37561, in the unincorporated township of Mutrie, in the District of Kenora

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Klass and Linda Friesen
265 Benham Road
Box 261
Vermilion Bay, ON
P0V 2V0
Canada

Decision details

The application for consent 60-C-213247 was draft approved on March 7, 2023 subject to conditions.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement. No public comments were received, and conditions were added to address partner ministry concerns relating to public health and safety.

No concerns related to fish or wildlife habitat, species at risk, or protected areas were identified in relation to this application. Given the parcels were separate prior to 2014 and inadvertently merged on title, and the absence of known natural heritage features in the area, there will be no negative impacts to greenspace, and natural heritage.

Conditions include: a requirement that the Ministry 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, that: 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; should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903; if an entrance is required for the severed lot at some point in the future, the property owner of the severed parcel should contact Jeff Rose, Senior Municipal Supervisor, Operational Services, MTO at (807) 468-2763 prior to installing/constructing, making modifications to, or relocating entrances, and; if a new dwelling is proposed on the severed lot, the owner should refer to the Minimum Distance Separation document to ensure the minimum distance separation to the new dwelling can be met to minimize odour issues related to the farm use.

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 March 27, 2023.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from March 7, 2023 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

There is an additional “leave to appeal” right under the Environmental Bill of Rights.

Who can appeal

A notice of appeal can be submitted by:

  • individuals
  • corporations
  • public bodies

A notice of appeal can’t be submitted by:

  • an unincorporated association
  • an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

  • the specific part, or parts of the official plan amendment that you wish to appeal
  • the reasons for your appeal
  • the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3


Issuing authority
Victoria Kosny
Manager

Municipal Services Office North (Thunder Bay)
435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

807-473-3025

Proponent(s)

Klass and Linda Friesen
265 Benham Road
Box 261
Vermilion Bay, ON
P0V 2V0
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-6578
Ministry reference number
60-C-213247

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-6578
Ministry reference number
60-C-213247
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

January 30, 2023 - March 1, 2023 (30 days)

Proposal details

The application 60-C-213247 is to sever a vacant lot for agricultural use, approximately 226.6 hectares in size. The proposed retained lot is approximately 32.3 hectares in size, used for rural agricultural purposes and contains a house serviced by a septic system and well. Both lots are accessed by a public road.

The properties merged on title when the proposed retained property was purchased and inadvertently placed under the same title as the abutting severed lot.

Other Information

During the public consultation period, the government contact may also be reached at 1-807-630-3486 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

Pursuant to the Planning Act requirements, a public notice will be published in a local paper.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from January 30, 2023
to March 1, 2023

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