This consultation was open from:
March 14, 2022
to April 13, 2022
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent was granted on April 28, 2022 for Application 48-C-216463 for a lot addition to fix an encroachment on lands described as PIN 49123-0053 (LT) and PIN 49123-0051 (LT) in Phelps unincorporated township, District of Nipissing. The last day this decision can be appealed is May 18, 2022.
Location details
Site address
Phelps unincorporated township, Nipissing District
ON
Canada
Site location details
The lands to be severed are described as the south half of Lot 13, Concession 5 (PIN 49123-0053 (LT)). The benefitting lot is described as PIN 49123-0051 (LT), Part 1 Plan 36R-6484. The subject lands are in the unincorporated township of Phelps, District of Nipissing.
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 windowProponent(s)
Ronald McCurdy and Claudia Laschet
46 Folkstone Road
Redbridge,
ON
P1A 0C5
Canada
Decision details
Application 48-C-216463 was approved on April 28, 2022 with standard conditions.
The application proposed to sever approximately 0.68 hectares of land from PIN 49123-0053 (LT) to be consolidated with PIN 49123-0051 (LT) (the benefitting lot). The proposed severed land is mostly vacant and wooded, has frontage on Folkstone Road, and contains a well which is used by the benefitting lot. The benefitting lot is rectangular and 0.8041 hectares in size with 91 metres of frontage on Folkstone Road. It currently contains a dwelling, garage, swimming pool, and septic system. The resulting consolidated lot would be approximately 1.5 hectares in size and would continue to be used for residential use.
The retained parcel would be irregular in shape and approximately 11.92 hectares in size, with the west boundary of the lot being Balsam Creek and the east boundary being Folkstone Road. The lot is used for residential use and contains a dwelling, two garages, two sheds, and is serviced by on-site well and septic. Much of the property appears to be wooded.
No new buildings or structures are proposed as a result of this application.
The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). No public comments were received or concerns identified. Additionally, since this proposal for a lot addition would correct an encroachment of an existing well used by an existing dwelling and does not propose any new development or site alteration, it is not expected to have any negative environmental impact. The proposal will increase the size of the benefitting lot to exceed the minimum recommended size for lots on private services, which supports the ongoing use of private on-site services on that lot with no negative impacts (PPS policy 1.6.6.4). 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 May 18, 2022.
The applicants have two (2) years to satisfy conditions, otherwise approval will lapse.
Effects of consultation
N/A - no comments received.
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.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from April 28, 2022 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
Ronald McCurdy and Claudia Laschet
46 Folkstone Road
Redbridge,
ON
P1A 0C5
Canada
Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
Include the following:
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
Michelle Lawrence
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Original proposal
Proposal details
The purpose of this application is to address an encroachment of a well. Application 48-C-216463 proposes to sever approximately 0.68 hectares of land from PIN 49123-0053 (LT) to be consolidated with the benefitting lot. The proposed severed land is mostly vacant and wooded, has frontage on Folkstone Road, and contains a well which is used by the benefitting lot. The benefitting lot is rectangular and 0.8041 hectares in size with 91 metres of frontage on Folkstone Road. It currently contains a dwelling, garage, swimming pool, and septic system. The resulting consolidated lot would be approximately 1.5 hectares in size and would continue to be used for residential use.
The retained lot is irregular in shape and would be approximately 11.92 hectares in size. The west boundary of the lot is Balsam Creek and the east boundary is Folkstone Road. The lot is used for residential use and contains a dwelling, two garages, two sheds, and is serviced by on-site well and septic. Much of the property appears to be wooded.
No new buildings or structures are proposed as a result of this application.
The application will be reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). Public comments received or concerns identified will be considered in the review to determine whether the application is consistent with the Provincial Policy Statement and whether it would have any significant impact on the environment.
If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-5175.
Your personal information may be used in the decision-making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision-making process. Questions about this collection should be directed to the contact listed.
If a person or public body that wishes to file an appeal in respect of the proposed consent does not submit written comments to the Minister before the Minister gives or refuses to give a provisional consent (e.g., during the public consultation period), the Ontario Land Tribunal may dismiss the appeal. Appeal of a decision of the Minister in respect of this consent may be made by any person or public body not later than 20 days after notice of the decision is given. If you wish to be notified of the decision of the Minister in respect of the proposed consent, you must make a written request to the Minister at the contact address.
As required under the Planning Act, a public notice will be published in the North Bay Nugget on March 17, 2022.
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.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comment
Commenting is now closed.
This consultation was open from March 14, 2022
to April 13, 2022
Connect with us
Contact
Michelle Lawrence
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comments received
Through the registry
0By email
0By mail
0