Michael Carroll - 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
019-7542
Ministry reference number
54-C-229762
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
September 15, 2023 - October 15, 2023 (30 days) Closed
Last updated

This consultation was open from:
September 15, 2023
to October 15, 2023

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on November 28, 2023 regarding application 54-C-229762 for the creation of one new lot on Doggit Rd. from Lot 1 Concession 1 and Part Lot 2 Concession 1 in Robillard unincorporated township, District of Timiskaming. This decision can be appealed until December 18, 2023.

Location details

Site address

0 Doggit Road, Robillard unincorporated township
ON
Canada

Site location details

North half of Lot 2 Concession 1 SRO EXCEPT LT110921 (PIN 61285-0012); North half of Lot 1 Concession 1 (PIN 61285-0010); South half of Lot 1 Con 1 (PINs 61285-0002 and 61285-0001), Robillard Unincorporated Township, District of Timiskaming.

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)

Michael Carroll
209122 Ainsley Rd.
Englehart, ON
P0J 1H0
Canada

Decision details

Application 54-C-229762 was approved on November 28, 2023, with conditions. This approval will permit the creation of one new lot for agricultural use. The new lot would be approximately 71 hectares and be accessed from Doggit Road (Concession 1 between Lot 12 Dack township and Lot 1 Robillard township). 

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, or concerns identified. The decision to approve the consent is consistent with the Provincial Policy Statement and will not have a significant impact on the environment.

The approval can be appealed by a specified person or public body, as defined in s. 1(1) of the Planning Act, 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 18, 2023.

The applicant has two (2) years to satisfy conditions, otherwise the approval will lapse. Non-standard conditions include: 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 Consent Agreements with the Ministry of Municipal Affairs and Housing, to its satisfaction, addressing the use and potential development of the new lot, including:

  1. the lot can only be used for agricultural uses and is not to be used for residential, commercial, or industrial uses;
  2. 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
  3. provisions relating to the enforcement of the Consent Agreement.

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 to affect the decision.

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from November 28, 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
Anna Little
Manager

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St,
Sudbury, ON
P3E 6A5
Canada

705-564-6802

Proponent(s)

Michael Carroll
209122 Ainsley Rd.
Englehart, ON
P0J 1H0
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
019-7542
Ministry reference number
54-C-229762

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
019-7542
Ministry reference number
54-C-229762
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

September 15, 2023 - October 15, 2023 (30 days)

Proposal details

Application 54-C-229762 proposes to sever approximately 71 hectares with frontage on Doggit Road from Lot 1 & north-half of Lot 2 of Concession 1 to transfer to the neighbour (PINs 61285-0001, 61285-0002, and part 61285-0010 from PINs 61285-0012 and part 61285-0010) using Sunday Creek as the northern boundary line.

The proposed retained lot of approximately 123 hectares with frontage on Ainsley Road has an existing residential dwelling with private water and sewer services, and a barn. The proposed severed lands are currently vacant and used for agriculture and would continue to be used as such. Other than a fence to be installed along the creek, no construction or site alteration is proposed on either lots.

If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-7542.

Your personal information may be used in the decision-making process on this proposal, and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision-making process. Questions about this collection should be directed to the contact listed.

If a person or public body that wishes to file an appeal in respect of the proposed consent does not submit written comments to the Minister before the Minister gives or refuses to give a provisional consent (e.g., during the public consultation period), the Local Planning Appeal Tribunal may dismiss the appeal. Appeal of a decision of the Minister in respect of this consent may be made by a specified person or any public body not later than 20 days after notice of the decision is given. If you wish to be notified of the decision of the Minister in respect of the proposed consent, you must make a written request to the Minister at the contact address.

A public notice will be published, as required under the Planning Act, in the New Liskeard Timiskaming Speaker Weekender on Friday, September 15, 2023 in both English and French.

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 15, 2023
to October 15, 2023

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