Douglas Johnston - 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
013-4691
Ministry reference number
60-C-183326
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
February 8, 2019 - March 10, 2019 (30 days) Closed
Last updated

This consultation was open from:
February 8, 2019
to March 10, 2019

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted in respect of Application 60-C-183326 for the creation of one (1) new resource-based recreational lot for land described as PIN 42180-1017, Minaki Area, Unincorporated Territory, District of Kenora.

Location details

Site location details

Legal description of land described as PIN 42180-1017; Part of Lots 190, 191, 249 & 250, Plan M-222, 23R10132, Sand Lake Road, Unincorporated Territory, District of Kenora. The subject lands are located on Sand Lake on the Winnipeg River, within the community of Minaki and approximately 15 kilometres northwest of the City of Kenora municipal boundary.

Site location map

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

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Proponent(s)

Douglas Johnston
132 Front Street
Post Office Box Delivery 26
Minaki , ON
P0X 1J0
Canada

Decision details

Decision on instrument

60-C-183326 was approved on May 14, 2019. Conditions were added. Applicants have one (1) year to satisfy conditions otherwise approval will lapse.

Non-standard conditions include:

  • That prior to final approval, a flowage easement to elevation 318.7 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required on the severed and retained lands provided it does not already exist.
  • That prior to final approval, the applicant shall enter into a Consent Agreement addressing the use and potential development of the lots including that the lots can only be used for resource-based recreational uses (including a recreational dwelling) and are not to be used for permanent residential use.
  • That prior to final approval, a Stage 3 archeological assessment of the subject lands is required, and MTCS is forwarded a copy for review confirming MTCS is satisfied that no further assessment is necessary.
  • That prior to final approval, a cultural heritage evaluation report (CHER) and a heritage impact assessment (HIA) for the subject lands are required and MTCS is forwarded a copy for review confirming MTCS is satisfied that no further assessment is necessary.
  • That prior to final approval, this Ministry must receive written confirmation which states that there is adequate capacity to dispose of hauled sewage generated by the severed and retained lands.
  • Prior to final approval, the proponent shall provide written confirmation to this Ministry of the submission, acceptance by MECP, and filing of a Record of Site Condition (RSC) for the subject lands on the Brownfields Environmental Site Registry.
  • That prior to final approval, this Ministry must be advised by the Northwestern Health Unit that the retained and the severed lands have been inspected and are suitable for the installation of a subsurface sewage system or that existing systems meet their requirements.
  • That prior to final approval, this Ministry must receive a site-specific hydrogeological assessment to the satisfaction of MECP and the proponent must undertake to complete any recommendations of the assessment and no further assessment is required.
  • That prior to final approval, this Ministry must require written confirmation from MECP indicating that technical study/studies addressing the potential impacts of noise, odour, and other contaminants to demonstrate that the proposed new lot is appropriate for residential use, has been reviewed and MECP is satisfied and no further assessment is required.
  • Notifications for acknowledgement in all Agreements of Purchase and Sale, or alternatively, an acknowledgement by the transferor and transferees if the transaction is between family members, on standard Ministry and partner Ministry guidelines and policies including: shoreline Best Management Practices and archeological sites the Ontario Heritage Act.

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.

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.

Community Planning and Development
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 May 15, 2019 to begin the appeal process.

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

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

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)

Douglas Johnston
132 Front Street
Post Office Box Delivery 26
Minaki , ON
P0X 1J0
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
013-4691
Ministry reference number
60-C-183326

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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Follow this notice

Original proposal

ERO number
013-4691
Ministry reference number
60-C-183326
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

February 8, 2019 - March 10, 2019 (30 days)

Proposal details

Description of instrument

The purpose of this formal application for consent is to create one (1) new resource-based recreational lot by severing PIN 42180-1017 in the community of Minaki, District of Kenora. One existing residential dwelling is located on the proposed retained lot and the proposed severed lot is vacant. The severed lot would be approximately 0.642 hectares with 60 metres of frontage and a depth of 120 metres. The proposed retained lot would be approximately 0.809 hectares with 150 metres of frontage and a depth of 100 metres.

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.

Community Planning and Development
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 February 8, 2019
to March 10, 2019

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