Adam Bachynski and Rugged Geomatics Inc. - Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-2196
Notice type
Bulletin
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Bulletin posted
Last updated

This notice is for informational purposes only. There is no requirement to consult on this initiative on the Environmental Registry of Ontario. Learn more about the types of notices on the registry.

Bulletin summary

Approval was granted on August 5, 2020 for a new lot, but conditions were added.  Applicants have one year to satisfy conditions otherwise approval will lapse.

Why consultation isn't required

On April 1, 2020, the Ontario Government made a temporary regulation to respond to the COVID-19 outbreak. Ontario Regulation 115/20 exempts all proposals for policies, acts, regulations and instruments from posting requirements under the EBR until 30 days after the declared emergency is terminated.

Although consultation was not required, the ministry did consult with the public on this proposal ERO number 019-1776 by posting for public comment from May 11, 2020 – June 10, 2020. To ensure transparency, the ministry is providing details of its decision and the effects of consultation on decision-making in this notice.

Bulletin details

Site location details

The lands are described as PIN 42152-0286, Parts 1 and 2 of Plan KR-815, on Part of Location J.A. 4, on Middle Lake, in the Unincorporated Township of Pellatt, in the District of Kenora. Middle Lake is located roughly 1.0 kilometre west of the City of Kenora municipal boundary.

Proponent(s)

Adam Bachynski and Rugged Geomatics Inc.
590 Norman Drive
Keewatin, ON
P0X 1C0
Canada

Decision details

This approval applies to permit the creation of one new water access, resource-based recreational lot of approximately 2.4 hectares in size being PIN 42152-0286, as applied for, in the above-noted location on Middle Lake, in the Unincorporated Township of Pellatt, in the District of Kenora.

The Application for Consent File No. 60-C-198939 is draft approved subject to conditions. Conditions include a requirement for:

  • a letter from an approved septage disposal facility with a barge for accessing water access lots;
  • a restriction to be registered on Part 1a and 1b, indicating that
    • a) The natural buffer of shoreline vegetation fronting Part 1a and 1b will be maintained; and
    • b) No docks or shoreline structures are to be constructed within 30 metres of the shoreline;
  • a flowage easement to elevation 321.4;
  • a wildland fire assessment;

And acknowledgements from the transferor and transferee that they have read information provided as attachments, one of which is a letter from the TransCanada Pipeline regarding their regulations for development and activity in proximity to the pipeline located on the property.

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.

Comments received

There were:

  • 0 comments received through the registry (refer to your workbench for this number)
  • 0 comments received by mail
  • 0 comments received by email

Effects of consultation

No comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

Other information

The approval can be appealed under the Planning Act. 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 August 26, 2020.

This instrument decision can be appealed. You have 20 days from August 5, 2020 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 Local Planning Appeal Tribunal (LPAT) 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 $300.00 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

Adam Bachynski and Rugged Geomatics Inc.
590 Norman Drive
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: 019-1776
  • Ministry reference number: 60-C-198939

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

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