Michael Zinbayev and Ludmila Herner - New - Approval for a consent (subject to conditions) in an area where there is no official plan in place

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

ERO number
026-0552
Ministry reference number
56-C-253706
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
June 24, 2026 - July 24, 2026 (30 days) Closed
Last updated

This consultation was open from:
June 24, 2026
to July 24, 2026

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent for a new lot was granted on September 8, 2026, subject to conditions. Notice to appeal the decision to the Ontario Land Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before September 28, 2026.

Location details

Site location details

PIN 65461-0107: SW ¼ LT 5 CON 1 (retained); and PIN 65461-0106: PCL 7416 SEC CST SE ¼ LT 5 CON 1 (severed), Benoit unincorporated Township, District of Cochrane

Site location map

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

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Proponent(s)

Michael Zinbayev and Ludmila Herner
203-78 Roehampton Blvd.
St. Catharines, ON
L2M 7W9
Canada

Decision details

On September 8, 2026, provisional consent was approved regarding application No. 56-C-253706, with conditions, to permit a new lot in Benoit unincorporated township, District of Cochrane. The application would sever one seasonal recreational lot (PIN 65460-0106) from the adjacent lot (PIN 65461-0107) after the two properties merged on title in 2021. 

The application was reviewed for consistency with the environmental policies of the Provincial Planning Statement 2024 (e.g., natural heritage, natural hazards, water quality protection). No public comments were received, or concerns identified. The decision to provisionally approve the consent is consistent with the Provincial Planning Statement.

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 September 28, 2026.

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 a Consent Agreement with the Ministry of Municipal Affairs and Housing, to its satisfaction, addressing the use and potential development of the severed and retained lots, including:
    • the severed and retained lots may only be used for resource-based recreational uses, which may include a recreational dwelling, and are not to be used for permanent residential, commercial, or industrial uses;
    • 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
    • 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

N/A

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 September 8, 2026 to begin the appeal process.

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

How to appealClick to Expand Accordion

This instrument decision can be appealed under the Planning Act and the Environmental Bill of Rights.

Start the process to appeal

Appeal Rights under the Planning Act

You can appeal all or part of this instrument to the appeal to the Ontario Land Tribunal (OLT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing. You have 20 days to begin the appeal process.

Who can appeal

Other than the applicant, only a "specified person" or "public body", as defined in s. 1(1) of the Planning Act, has the ability to appeal the decision to the Ontario Land Tribunal.

Notice of appeal

Your notice of appeal must include:

  • 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 Ontario Land 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.

AND

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
Cara Holtby
Team Lead - Planning

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

705-507-0572

Proponent(s)

Michael Zinbayev and Ludmila Herner
203-78 Roehampton Blvd.
St. Catharines, ON
L2M 7W9
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

There is an additional “leave to appeal” right under the Environmental Bill of Rights. This appeal must be commenced within 15 days of the notice of decision being posted on the Environmental Registry (ero.ontario.ca). For more information about this appeal method, refer to the Environmental Bill of Rights, 1993, or https://www.ontario.ca/page/environmental-bill-rights.


Include the following:

ERO number
026-0552
Ministry reference number
56-C-253706

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
026-0552
Ministry reference number
56-C-253706
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

June 24, 2026 - July 24, 2026 (30 days)

Proposal details

The application proposes to sever a new lot (PIN 65460-0106), after two lots merged on title in 2021 (under the same ownership) in Benoit unincorporated township, adjacent to the municipality of Black River-Matheson.

Both the proposed severed and retained lots would be for continued seasonal recreational use. Each is approximately 32 hectares, with a depth of 796 metres and a width of 380 metresThe proposed severed lot has a cabin and two outbuildings, including an outhouse. The proposed retained lot has a seasonal recreational residence with two cabins and three outbuildings, including an outhouse. 

The subject lands do not have electricity, potable water is brought in by owners, and domestic waste is taken to the nearest Crown landfill. Both proposed severed and retained lots have more than 400 metres of frontage on Wolf Lake Road, which continues past the subject lands towards the lake, and is maintained seasonally by the Bourkes Local Roads Board. No construction or site alteration is currently proposed for either lot. The subject lands are abutted to the north, east, and south by Crown lands.

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 specified 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 Ontario Land 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.

As required under the Planning Act, a public notice will be published in the Cochrane Times Post on June 25, 2026.

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 June 24, 2026
to July 24, 2026

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