This consultation was open from:
October 3, 2024
to November 2, 2024
Decision summary
Pursuant to Section 54 of the Planning Act, provisional consent for a severance of a shoreline allowance and consolidation of both the severed and retained portions to two adjacent lots was granted on December 17, 2024, subject to conditions.
Location details
Site address
Unsurveyed Territory, unorganized community of Kirkup
District of Kenora,
ON
Canada
Site location details
The subject properties are described as PIN 42125-0684; PCL 3517 SEC DKF SRO; PART LOCATION CL3630 KIRKUP BEING; PART RDAL IN FRONT MINING LOCATION 473P KIRKUP PART 1 23R5848; District of Kenora (“Severed Lands")
PIN 42125-0685 PCL 35182 SEC DKF SRO; PART LOCATION CL3630 KIRKUP BEING; PART RDAL IN FRONT MINING LOCATION 473P KIRKUP PART 2 23R5848; District of Kenora (“Retained Lands”).
The lands are accessed by Storm Bay Road.
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 windowProponent(s)
Colin Spark
209 Blue Sun Drive
Winnipeg,
MB
R3X 0E1
Canada
Decision details
The application for consent, 60-C-240076 is draft approved subject to conditions. The applicants have two years to satisfy standard 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 January 6, 2025
Conditions include:
1. That the application to consolidate PIN 42125-0684 with PIN 42125-0329 be prepared and an undertaking from the person registering the documents shall be required agreeing to register the consolidations once the land transfers have been registered.
2. That the application to consolidate PIN 42125-0685 with PIN 42125-0330be prepared and an undertaking from the person registering the documents shall be required agreeing to register the consolidations once the land transfers have been registered.
3. That prior to final approval by this Ministry, a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928), is required on the severed and retained lands provided a flowage easement or hazard land zone to the level does not already exist. See note #3 for additional information.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from December 17, 2024 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
Colin Spark
209 Blue Sun Drive
Winnipeg,
MB
R3X 0E1
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
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.
Connect with us
Contact
Ropheka Adofo
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
The purpose of application 60-C-240076 is to sever the shoreline allowance and consolidate both the severed and retained portions to two adjacent lots. The severed shoreline allowance of 1.10 hectare describes as PIN 42125-0684 will be added to PIN 42125-0329. The proposed severed shoreline has frontage of 56.80 metres and depth of 17.60 metres. The existing use of the proposed severed shoreline is vacant. PIN 42125-0329 which is Lot 3 on PLAN M714 and is one of the receiving parcels is currently vacant land.
The retained shoreline reserve of 0.10 hectare will be added to PIN 42125-0330. The proposed retained shoreline has frontage of 39.93 metres and has a depth of 21.00 metres. There is an existing dock on the retained shoreline.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comment
Commenting is now closed.
This consultation was open from October 3, 2024
to November 2, 2024
Connect with us
Contact
Ropheka Adofo
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
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