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

Application 54-C-181164 was approved on June 21, 2019 with conditions. Approximately 0.54 hectares, being PIN 61243-0292 will be severed from the abutting 0.9-hectare property consisting of PINs 61243-0290 and 61243-0291. Consequently, separate lots will be re-established as separately conveyable parcels of land, as they existed before they merged on title. 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.

Geraldine Thomas has one (1) year to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

• That prior to final approval, and pursuant to subsections 53(12), 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 new lot, including:
  • the 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;
  • 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.
• That prior to final approval, the Ministry must be provided with documentation showing that existing sewage systems on both the proposed and retained lots have been pumped within the last five years.
• That prior to final approval and subsequent to pumping, the Ministry must be provided with documentation that the following requirements from the Temiskaming Health Unit inspection dated September 1, 2016 have been implemented to bring the existing sewage systems up to standard:
  • The surface area of the bed be scarified before adding the fill;
  • That the soil that is added is compacted in layers to as to avoid uneven settlement of the distribution pipes;
  • That all minimum distances shall be increased by two metres for each metre that the surface of the leaching bed is raised above ground level;
  • That all areas of the bed be covered with topsoil and seeded; and
  • That a fifteen-metre mantle at least 0.25 metres deep be extended beyond the outer distribution pipe in any direction in which the sewage entering the soil will move laterally.
• That prior to final approval, the Ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the sewage systems. This written confirmation should take the form of letters from a licensed sewage hauler as well as a holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility to which the hauler delivers, confirming the facility has sufficient reserve capacity to accept any additional hauled sewage from the lots.
• 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 clauses:
  • Shoreline best practices include:
    • Avoid developing next to the shoreline for a minimum of 30 metres and maintaining vegetation along the shore and around the property;
    • Directing roof leaders to rear yard ponding areas, soakaway pits or rain barrels;
    • Directing sump pump foundation drains to rear ponding areas and infiltration trenches; and
    • Locating sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient.
  • While performing work on the property, if any archaeological remains or other cultural heritage resources are discovered on-site at any time, work must be stopped, the site secured from further alteration / public access and the Ministry of Tourism Culture and Sport should be immediately contacted at 416-314-7620 to determine further actions.