Leslie Galloway - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Instrument type: Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-5198
Ministry reference number
60-C-216216
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
March 25, 2022 - April 24, 2022 (30 days) Closed
Last updated

This consultation was open from:
March 25, 2022
to April 24, 2022

Decision summary

A provisional consent was granted subject to standard conditions on May 3, 2023. The last date to appeal the decision in May 23, 2023.

Location details

Site address

Kirkup, ON
Canada

Site location details

PIN 42125-0790; Part 2, Plan 23R-8387; Lots 4 & 5, 23M-369, PIN 42125-0028 Unincorporated Township of Kirkup, District of Kenora.

The subject lands are located on a point in Pine Portage Bay on Lake of the Woods approximately 2.5 kilometres south of the City of Kenora, and are accessed by Lindstrom Road via Pine Portage Bay Road.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Leslie Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada

Jim Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada

Sharon Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada

Decision details

The application for consent, 60-C-216216 is draft approved subject to conditions. The applicants have two years to satisfy standard conditions of draft approval, otherwise approval will lapse. Conditions include: a requirement for an undertaking from the person registering the documents agreeing to register the consolidations of the severed with Lot 5 of Plan M-369, and the retained with Lot 4 of Plan M-369 once the land transfers have been registered; that a letter is required from the Northwestern Health Unit that both Lots 4 and 5 have been inspected and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements; that a letter is required from a sewage hauler confirming adequate capacity to dispose of hauled sewage generated by the severed and retained lands; and that an acknowledgement from the transferors and transferees is received confirming general best management practices for development on the lake. The last date to appeal the decision in May 23, 2023.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

Letters of objection were received from Wauzhushk Onigum Nation as a result of the ERO posting 019-5198. Further discussions took place to determine potential adverse impacts to Aboriginal and Treaty rights. As this application is technical in nature, does not create any new development rights, and is consistent with the Provincial Policy Statement, the Ministry approved the application.

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

How to Appeal

This instrument decision can be appealed. You have 20 days from May 3, 2023 to begin the appeal process.

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

How to appealClick to Expand Accordion

Start the process to appeal

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


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(s)

Leslie Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada

Jim Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada

Sharon Galloway
442 Ainslie St
Winnipeg, MB
R3J 2Z9
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-5198
Ministry reference number
60-C-216216

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.

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Original proposal

ERO number
019-5198
Ministry reference number
60-C-216216
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

March 25, 2022 - April 24, 2022 (30 days)

Proposal details

The purpose of this early-consultation application is to sever the existing shoreline allowance, described as PIN 42125-0790; Part 2, 23R-8387, on the Lake of the Woods in the Unincorporated Township of Kirkup in the District of Kenora and add to Lots 4 & 5, 23M-369, respectively (PIN 42125-0028). This application would sever approximately 1.6 hectares of vacant shoreline allowance to be consolidated with the adjacent Lot 5 to the east. No new buildings or structures are proposed at this time. The retained lot, serviced by a septic system and water drawn from the lake, would be approximately 2.2 hectares and is proposed to be consolidated to the adjacent Lot 4 to the east. The retained lot contains one (1) resource-based recreational dwelling, one (1) shed and two (2) boathouses. The subject lands are located on the Lake of the Woods, approximately 2.5 kilometres south east of the City of Kenora municipal boundary. The subject lands are currently accessed by PIN 42125-0028 via Lindstrom Road (from Pine Portage Bay Road), a private road maintained on a year-round basis by the property owners who use the road for access.

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

Comment

Commenting is now closed.

This consultation was open from March 25, 2022
to April 24, 2022

Connect with us

Contact

Andrew Carr

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number