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

Application 54-C-189896 was approved on June 11, 2025, with conditions. This approval will allow the transfer of a lot approximately 1.6 hectares in size and irregular in shape, with 38 metres of water frontage, 121 metres of highway frontage and a depth of approximately 240 metres. The severed lot is currently vacant with a seasonal dwelling proposed. The land will be used for resource-based recreational purposes. Access will be from the existing entrance from Highway 65.

The proposed retained lot would be approximately 3 hectares in size, irregular in shape, with 163 metres of water frontage, 223 metres of highway frontage, and a depth of approximately 210 metres. The proposed retained land contains a seasonal dwelling, 3 small ‘cabins’ and is currently used for resource-based recreational purposes. The retained land is proposed to be accessed through a new entrance from Highway 65.

The application was reviewed for consistency with the environmental policies of the Provincial Planning 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 Planning 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 July 31, 2025. The applicant has two (2) years to satisfy conditions, otherwise the approval will lapse. Non-standard conditions include:

1. 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, for each of the severed and retained lots, addressing their use and potential development, including:

a. the new lot can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent
residential or commercial uses.
b. the retained lot can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent residential or commercial uses.
c. 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,
d. provisions relating to the enforcement of the Consent Agreement.

2. That prior to final approval, the Ministry must be provided with written confirmation from Ministry of Transportation (MTO) showing that applications for entrance permits for the severed and retained lots, signed by the transferees of the severed and retained lot have been submitted and that the MTO is willing to approve the applications.

3. That prior to final approval, the Ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed new lots. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept any additional hauled sewage from this lot.

4. That prior to final approval, the Ministry must be provided with a letter from the waste disposal site confirming that it is licensed to accept solid waste and is willing to accept solid waste from each of the proposed severed and retained lots.

5. That prior to final approval, confirmation must be provided that the archaeological assessment has been reviewed and accepted by the Ministry of Citizenship and Multiculturalism (MCM), and that no further assessment is required.

6. That prior to final approval, the Ministry must be provided with written confirmation from the Timiskaming Health Unit indicating that both proposed severed and retained lands could accommodate a properly functioning septic system and leaching bed, and that any existing systems are functioning satisfactorily/had been inspected.