Kelly Mercer - 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
013-5005
Ministry reference number
54-C-176116
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
April 1, 2019 - May 1, 2019 (30 days) Closed
Last updated

This consultation was open from:
April 1, 2019
to May 1, 2019

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on June 21, 2019 in respect of Application 54-C-176116 for a lot addition to an adjacent agricultural property in Ingram Township, District of Temiskaming. Retained lands have a residence at 224316 Denomme Road. This decision can be appealed on or before July 12, 2019.

Location details

Site location details

Unincorporated township of Ingram, District of Timiskaming at 224316 Denomme Road, described as Lot 3 Concession 2 (PINs 61273-0117 and PIN 61273-0118) approximately 13 kilometres east of the Town of Englehart.

Site location map

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

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Proponent(s)

Kelly Mercer
224316 Denomme Road
Englehart, ON
P0J 1H0
Canada

Decision details

Application 54-C-176116 was approved on June 21, 2019 with conditions. The subject lands are on lands described as Lot 3 Concession 2 (PINs 61273-0117 and PIN 61273-0118). Approximately 123 hectares from Lot 3 Concession 2 will be consolidated with abutting agricultural operation to the south west (PINs 61273-0116 and 61273-0114). The retained 8-hectare lot would continue to support the existing residence and associated access support buildings and services.There are no new buildings, services, or other developments planned.

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before July 12, 2019.

Kelly Mercer has one (1) year to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

  • That an application to consolidate the parcels shall be prepared and an undertaking from the person registering the documents shall be required agreeing to register the consolidation once the land transfer has been registered.
  • That this Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
    • Future agricultural operations are to follow Minimum Distance Separation (MDS) formulae provisions, if applicable. For more information, contact Agricultural Information Contact Centre at 1-877-424-1300.
    • Best practices for preventing agricultural operations from impacting the adjacent Blanche River Conservation Reserve, and waterbodies therein include:
      • review and understand the location of the private land boundaries;
      • clearing or drainage works should leave buffer areas along the tributary of the Blanche River that runs through the private property and into the protected area. Buffer areas will allow the filtering of runoff so that the tributary is not negatively affected by clearing, drainage, or subsequent agricultural operations;
      • additional road access to the newly acquired lands should follow the lot and concession line fabric;
      • contact the Ministry of Natural Resources and Forestry Kirkland Lake District Office at 705-568-3222 for more information on best management practices near fish habitat; and
      • contact Ontario Parks Northeast Zone at 705-564-3165 for more information on conservation reserves. Prior to final approval, the Ministry must be advised by the Timiskaming Health Unit that the retained lands have been inspected and are suitable for the installation of a new subsurface sewage system or that the existing system meets their requirements.
  • Prior to final approval, the Ministry must be advised by the Timiskaming Health Unit that the retained lands have been inspected and are suitable for the installation of a new subsurface sewage system or that the existing system meets their requirements.

Comments received

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0

By email

0

By mail

0
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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 June 21, 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
Christopher R Brown
Team Lead - Planning (Acting)

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

705-564-7128

Proponent(s)

Kelly Mercer
224316 Denomme Road
Englehart, ON
P0J 1H0
Canada


Appellate body

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


Include the following:

ERO number
013-5005
Ministry reference number
54-C-176116

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
013-5005
Ministry reference number
54-C-176116
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

April 1, 2019 - May 1, 2019 (30 days)

Proposal details

Description of instrument

This application would sever approximately 123 hectares from Lot 3 Concession 2 as a lot addition to abutting properties to the south west (PINs 61273-0116 and 61273-0114). Once transferred, the severed lands would be added to these abutting lands with the same owner, who intends to use them for agriculture. The retained 8-hectare lot would continue to support an existing residence and associated access support buildings and services. No new buildings or services are proposed.

Other information

During the public consultation period, the Ministry of Municipal Affairs and Housing contact person may also be reached at 1-800-461-1193, extension 46855, or directly at 1-705-564-6855 (Canada wide, 8:30 AM to 4:45 PM EST, Monday to Friday).

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 any person or 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.

Other public consultation opportunities

Pursuant to the Planning Act requirements, a public notice will be published in the New Liskeard Timiskaming Speaker on April 5, 2019.

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 April 1, 2019
to May 1, 2019

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