Garry Angus and Sharon Berube - Approval for a consent (subject to conditions) in an area where there is no official plan in place

54-C-216626 was approved on March 22, 2022 with conditions. This approval would permit the severance of one new lot containing an existing dwelling, retaining the remainder of the lands for aggregate use.

The new lot would be irregularly shaped, approximately 2.03 hectares in size, 232 metres deep, and would have 90 metres of frontage on Highway 66. The lot contains an existing dwelling, is serviced by on-site well and septic, and would be accessed using the existing driveway from Highway 66. No change in use, new buildings, or structures are proposed.

The retained land would be used for a new aggregate operation. The parcel would be irregularly shaped, approximately 25.7 hectares in size, 904 metres deep, and would have frontage on Highway 66. The lot is currently vacant, no buildings or structures are proposed for the aggregate operation. The proposed area of excavation for the aggregate operation would be roughly in the middle of the retained lands.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). One public comment was received through the ERO notice process, the commenter had no concerns. Public comments received through Planning Act notice in the newspaper together with partner ministry comments and comments from local agencies contributed to conditions related to land use compatibility and access, these considerations are described in the attached notice of decision. The decision to approve the consent is consistent with the Provincial Policy Statement, this decision will not have a significant impact on the environment.

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Ontario Land Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before April 11, 2022.

The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

3. That prior to final approval, and pursuant to subsections 53(12) and 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 retained lot, including:
   1. the retained lot can only be used for uses that are related to the sustainable management or use of resources (including aggregates, other applicable approvals must be in place) and is not to be used for residential uses;
   2. 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,
   3. provisions relating to the enforcement of the Consent Agreement.

4. That prior to final approval an archaeological assessment of the entire subject property shall be undertaken by an archaeologist licensed under the Ontario Heritage Act, who will submit the report directly to the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) for review as per the terms and conditions of their license. The proponent shall undertake to complete any recommendations of the assessment, including but not limited to, any further study required. Prior to final approval, MMAH must be advised in writing by MHSTCI that the assessment was accepted and that MHSTCI is satisfied no further assessment is required. See Note #5 for more information.

5. That prior to final approval the Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklist shall be completed for the subject property and submitted to MHSTCI ​for review. The checklist must be accompanied by photos of existing buildings and structures. The proponent shall undertake to complete any recommendations of the checklist and any further studies indicated, to the satisfaction of MHSTCI’s Heritage Planning Unit (do not complete any studies before MHSTCI reviews the checklist and photos). Prior to final approval, MMAH must be advised in writing by MHSTCI that there are no further concerns regarding built heritage resources or cultural heritage landscapes.

6. That prior to final approval a noise study is completed by a qualified individual, preferably a Professional Engineer with experience in environmental noise assessments. The study must assess, through modelling, the potential noise impacts to any sensitive receptors within 1km of the proposed aggregate operation. The noise study shall follow the requirements of MECP’s “Environmental Noise Guideline: Stationary and Transportation Sources Approval and Planning. Publication NPC – 300”. If the study identifies adverse impacts to nearby receptors, the study shall identify suitable mitigation measures to minimize noise impacts to nearby sensitive development. Prior to final approval, MMAH must be advised in writing by an appropriate MECP staff member that the study and proposed mitigation is satisfactory. If applicable, MMAH must receive an undertaking, to its satisfaction, indicating that before the aggregate operation operates, that mitigation measures identified in the study will be in place.

7. That prior to final approval an air quality study is completed by a qualified individual, preferably a Professional Engineer with experience in environmental air assessments. The air quality study must assess potential air quality impacts including cumulative impacts (predicted concentrations plus background concentrations) from the proposed aggregate operation. All significant emissions sources including fugitive particulate emissions from on-site roads and stockpiles should be included in the modelling since fugitive dust emissions from haul roads and stockpiles are major sources of particulate matter emission. If the study identifies adverse impacts to nearby receptors, the study shall identify suitable mitigation measures to minimize impacts to nearby sensitive development. Prior to final approval, MMAH must be advised in writing by an appropriate MECP staff member that the study and proposed mitigation is satisfactory. If applicable, MMAH must receive an undertaking, to its satisfaction, indicating that before the aggregate operation operates, that mitigation measures identified in the study will be in place.

8. That prior to final approval, suitable road access to the retained parcel for use by the proposed aggregate operation must be demonstrated to MMAH’s satisfaction, through written confirmation from the Ministry of Transportation (MTO) addressing the following:
   1. that necessary supporting studies or information (e.g., traffic impact brief, illumination plan, etc.) have been provided to (MTO)’s satisfaction;
   2. that any recommendations from the above have been completed to (MTO)’s satisfaction or that (MTO) has received satisfactory confirmation that the recommendations will be completed to their satisfaction;
   3. that (MTO) would grant a highway access permit for the retained parcel for the proposed aggregate use.

9. That prior to final approval, a Stormwater Management Brief must be provided to (MTO) for review and MMAH must be advised in writing that (MTO) is satisfied there will be no negative impacts to Highway 66. Alternatively, MMAH must be advised in writing by an appropriate (MTO) staff member that a Stormwater Management Brief is not necessary because they are satisfied that there is no longer a plan to allow surface flow to go to the ditch along Highway 66.

10. That prior to final approval, MMAH receives written confirmation to its satisfaction that the owner of any easements on the subject land (Ontario Hydro Right-of-Way or any others) indicating that they have no concerns with respect to the proposed severance or that any concerns have been addressed.