Adam Bachynski - 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
019-0031
Ministry reference number
60-C-192056
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
May 1, 2019 - May 31, 2019 (30 days) Closed
Last updated

This consultation was open from:
May 1, 2019
to May 31, 2019

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted in respect of Application 60-C-192425 for the creation of one (1) new water access resource-based recreational lot for land described as PIN 42150-3189 on Corkscrew Island, Lake of the Woods, Unincorporated Territory, District of Kenora.

Location details

Site location details

Legal description of land described as PIN 42150-3189; Part 1 of 23R8734 of Corkscrew Island, Pcl 39804, Section Part Farm Location S437, Unincorporated Territory, District of Kenora. The subject lands are water access only, located on the Lake of the Woods, approximately 11.4 kilometres southwest of the City of Kenora municipal boundary.

Site location map

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

View this location on a map opens link in a new window

Proponent(s)

Adam Bachynski
590 Norman Drive
PO Box 818
Keewatin, ON
P0X 1C0
Canada

Decision details

Decision on instrument

60-C-192056 was approved on July 25, 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 324.6 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, 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
  • the prior to final approval, this ministry receives written confirmation from the Ministry of Natural Resources and Forestry (MNRF) that they have received and accepted for review a fisheries assessment for the severed and retained lands to satisfactorily address all natural heritage concerns
  • that prior to final approval, the proponent must undertake, through the preparation of a formal undertaking, to carry out any works required by MNRF as a result of recommendations of the fisheries assessment. This undertaking must be to the satisfaction of both Ministry of Natural Resources and Forestry and MMAH and as such, MMAH shall receive written confirmation from Ministry of Natural Resources and Forestry that they approve such undertaking
  • that prior to final approval, this ministry must receive a wildland fire risk assessment sufficient to allow MMAH to determine consistency with Section 3.1.8 of the PPS
  • that prior to final approval, this ministry must receive written confirmation of mainland docking and parking services from a commercial marina facility or marinas for access purposes for the severed lot and retained lot
  • 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, groundwater quality and quantity, waste disposal

Other information

The date of the last day to appeal this decision is August 14, 2019.

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.

Municipal Services Office North (Thunder Bay)
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 July 25, 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)

Adam Bachynski
590 Norman Drive
PO Box 818
Keewatin, ON
P0X 1C0
Canada


Appellate body

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


Include the following:

ERO number
019-0031
Ministry reference number
60-C-192056

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.

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-0031
Ministry reference number
60-C-192056
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

May 1, 2019 - May 31, 2019 (30 days)

Proposal details

Description of instrument

Application 60-C-192056 will create one (1) new lot proposed to be approximately 1.5 hectares with a frontage of 100 metres and a depth of 135 metres. The proposed retained lot would be approximately 5.9 hectares with a frontage of 290 metres and a depth of 563 metres. The subject lands are water access only and will be accessed via a private commercial marina operation within the City of Kenora.

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 (Thunder Bay)
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 May 1, 2019
to May 31, 2019

Connect with us

Contact