Norma Ewen and Daniel Booi - Approval for a consent (subject to conditions) in an area where there is no official plan in place

On January 4, 2023, major changes are being made to the March 22, 2022 and August 2, 2022 decisions as follows:

• The property description of the subject lands is amended to include PIN 42050-0037, a 31.77-hectare parcel to the severed lands, making the severed land a 51.17 ha property (rather than 19.4 ha).
• A consolidation of the severed properties (PIN 42050-0037 and western part of PIN 42050-0038) is required in order to ensure the parts separated by a road and a railway will remain together and consolidate the 51.17-hectare parcel into one property (PIN).  
• The provisional Consent will now lapse two year from the date of this Notice. 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 January 24, 2023.

On August 2, 2022, Condition 1 was amended to reverse the severed and retained lands as requested by the applicants. All other conditions remain unchanged. The provisional Consent will now lapse two year from the date of this Notice. 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 August 22, 2022.

March 22, 2022 decision:

The application for consent 60-C-210596 was draft approved on March 22, 2022 subject to conditions.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. land use compatibility, cultural heritage). No public comments were received, and conditions were added to address partner ministry concerns relating to land use compatibility, public health and safety, cultural heritage, and railway corridor.

No concerns related to fish or wildlife habitat, species at risk, or protected areas were identified in relation to this application. Given the existing use of this proposal and the absence of known natural heritage features in the area, there will be no negative impacts to greenspace, and natural heritage.

The following conditions were added:

1. To ensure existing sewage systems are operating satisfactorily, a letter from the Northwestern Health Unit (NWHU) which states that both the severed and retained parcels have been inspected by the NWHU and meet their requirements.
2. To ensure no further lot creation will occur on the severed and retained parcels, future renovations and building design will take into account noise and vibration from the train, an archaeological assessment is completed should any ground disturbance activity occur, the applicants shall enter into a Consent Agreement for the severed and retained parcels with the Ministry of Municipal Affairs and Housing (MMAH).
3. To protect human health and the environment, a letter from an approved septage disposal facility, confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the lots is received.
4. To protect the Canadian National Railway to meet its current and projected needs in the future, registration of an environmental easement for operational noise and vibration emissions, in favor of Canadian National Railway is required.

The decision to approve the consent is consistent with the Provincial Policy Statement once conditions are met. This decision will not have a significant impact on the environment.

The applicants have two years to satisfy conditions of draft approval, otherwise approval will lapse. 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.