Brendon & Heidi Loney, Manitou Logging Ltd., Tompkins Hardware Ltd., Chadwick & Stacey Jack - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Site location details

The property is described as: PINs 56032-0246 (Pt Loc G1697 PL SM128), 56032-0079 (Loc G1697 PL SM128), 56032-0245 (Loc G1697 PL SM128), 56032-0244 (Pt Loc G1697 PL SM128), 56032-0084 (Loc G2948 PL SM128), 56032-0172 (Pt Loc GW 326), 56032-0083 (Loc G2944 PL 128) and 56032-0171 (Pt Loc GW 326) on Burditt Lake in the unincorporated Township of Senn, in the District of Rainy River.

Proponent(s)

Brendon & Heidi Loney, Manitou Logging Ltd., Tompkins Hardware Ltd., Chadwick & Stacey Jack
c/o Lawrence G. Phillips Law Office
406 Church Street
Fort Frances, ON
P9A 1E2
Canada

Decision details

The Application for Consent File No. 60-C-170606 was approved subject to conditions on July 22, 2020.  One of the conditions was amended on July 22, 2021. The last day to appeal this decision under the Planning Act is August 11, 2021.

The amendment to the conditions is a requirement that any remediation work required as a result of the Record of Site Condition be completed to the Ministry of the Environment, Conservation and Parks’ satisfaction.

There are no changes to the remaining Conditions which include a requirement for: the filing of a Record of Site condition with the Brownfields Site Registry due to the change of land use from commercial to recreational; a Director of Titles entry to be made on the register for both the north and south parts of the severed property bisected by the public road; an inspection by the NWHU to ensure that sewage systems are operating as they should, and for confirmation that the new lots are suitable for the installation of a sewage systems; an acknowledgement is required by the transferors and transferees that they have read the material on best practices on waterfront lots.

The purpose of the application is to create one of three new resource-based recreational lots and a retained property from an existing resort operation (Trail's Ends Lodge) on Burditt Lake (aka Clearwater Lake) in the Rainy River District. Two other applications are proposed under file number 59-C-202731, ERO #019-1641; and 59-C-172096, ERO #019-1649.

Application #2, file number 59-C-170606 is to sever PINs 56032-0079, 56032-0245 and PIN 56032-0244 to create a lot of approximately 0.52 hectares in size. The lot contains a log cabin proposed to be serviced by a sewage system and lake water. The proposed severed lands are currently bisected by a public road. An easement over 019-1649 56032-0079 for ingress egress to 019-1649 56032-0083 and 019-1649 56032-0084 will also be required.

The retained property will consist of PINs 56032-0083 and 56032-0171 (shoreline allowance), a lot of approximately 1.99 hectares in size. Located on this property is the main lodge, three log cabins, a frame building, a shed and a pump station. The cabins are proposed to be serviced by a sewage system and lake water.

The subject lands are accessed by a public road maintained year-round by the Clearwater Lake Local Roads Board.

The application has regard for the provincial interests as referred to in Section 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms to the Growth Plan for Northern Ontario and has regard for Section 51(24) of the Planning Act.

Other information

The approval can be appealed under the Planning Act. Notice to appeal the decision to the Ontario Planning Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before August 11, 2021..

This instrument decision can be appealed. You have 20 days from July 22, 2021 to begin the appeal process.

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

You can appeal all or part of this this instrument to the appeal to the Ontario Planning Tribunal (OPT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

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 $400.00 appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

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

Brendon & Heidi Loney, Manitou Logging Ltd., Tompkins Hardware Ltd., Chadwick & Stacey Jack
c/o Lawrence G. Phillips Law Office
406 Church Street
Fort Frances, ON
P9A 1E2
Canada

Appellate body

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

Include the following:

• ERO number: 019-1648
• Ministry reference number: 59-C-170606