Alexander McEachern - 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
019-5784
Ministry reference number
60-C-211135
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
August 19, 2022 - September 18, 2022 (30 days) Closed
Last updated

This consultation was open from:
August 19, 2022
to September 18, 2022

Decision summary

Application 60-C-211135 was approved on September 28, 2022 subject to conditions. The Last date to appeal this decision under Planning Act is October 18, 2022.

Location details

Site address

38 Kimberly Road
Longbow Lake, ON
P0X 1H0
Canada

Site location details

The proposed severed and retained lands front onto Highway 17 but are accessed by Kimberly Road, a privately owned road which bisects the property. The subject property is 3 km east of the City of Kenora boundary.

>38 Kimberly Road, Longbow Lake, PIN 42125-0419, Parcel 23594, Part of Mining Location M8, Mining Claim K2500; Part 2 of KR361 and Parts 5 and 6 of KR1139>

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 window

Proponent(s)

Alexander McEachern
38 Kimberly Rd.
Lonbow Lake, ON
P0X 1H0
Canada

Katelyn McEachern
38 Kimberly Rd.
Longbow Lake, ON
P0X 1H0
Canada

Decision details

Application 60-C-211135 was approved on September 28, 2022 subject to the following conditions:

  1. That this approval applies to permit to create a new lot of 1.11 hectares while 1.47 hectares  would be retained, as applied for, in the above noted location in geographic township of Kirkup in the District of Kenora.
  2. That the following documents be provided for the transaction described in Condition 1:
    1. A copy of the application to transfer documents;
    2. A schedule to application to transfer on which is set out the entire legal description of the parcel(s) in question.  This Schedule must also contain the names of the parties indicated on application to transfer; and
    3. A reference plan of survey, which bears the Land Registry Office registration number and signature as evidence of its deposit therein, illustrating the parcel(s) to which the consent approval relates; and/or a legal description of the lands to be severed which is acceptable to the land registrar.
  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 each the severed and retained lot, including:
    1. no more than one (1) residential dwelling and sewage system is permitted to be constructed on the lot, unless replacing the existing residential dwelling and sewage system. 
    2. prior to any development, site alternation or ground disturbing activities, an archaeological assessment shall be completed, and related archaeological reporting shall be entered into the Ontario Public Register of Archaeological Reports. Recommendations from archaeological assessment(s) must be followed.
    3. 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,
    4. provisions relating to the enforcement of the Consent Agreement.
  4. This Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clause:
    1. No assessment has been undertaken for groundwater quality or quantity. Groundwater supplies may not be adequate to support the use of individual private wells, should this source of water be used in future.
    2. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 - Wells, under the Ontario Water Resources Act.
    3. The water of Longbow Lake should not be used for human consumption unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act.
    4. The use of Best Management Practices for shoreline development is strongly recommended. Best Management Practices such as shoreline naturalization and vegetated buffer strips can reduce the adverse effects of shoreline development on inland lakes. It is recommended that sewage systems be located where native soils are deepest, and at the furthest distance possible from the shoreline. 
    5. The landowners shall implement best management practices to prevent localized increase in phosphorous, algae and weeds along the shoreline. Several best management practices should be considered to protect local water quality including minimizing stormwater volumes and contaminant loadsExamples include:
    6. Avoid developing next to the shoreline for a minimum of 30 metres and maintaining vegetation along the shore and around the property;
    7. Use grassed swales and/or vegetated filter strips on lots that require ditching to control runoff;
    8. Direct roof leaders to rear yard ponding areas, soakaway pits or rain barrels;
    9. Direct sump pump foundation drains to rear ponding areas and infiltration trenches; and
    10. Locate sewage systems as far as possible from the shoreline where native soils are deepest, with any drinking water wells remaining up gradient. The attached fact sheet provides additional information. Additional resources are also listed in Appendix B of the Lakeshore Capacity Assessment Handbook, 2010, available at: http://www.ontario.ca/environment-and-energy/lakeshore-capacity-assessment-handbook- protecting-water-quality-inland-lakes.

The Last date to appeal this decision under Planning Act is October 18, 2022.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were 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.

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 September 29, 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


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)

Alexander McEachern
38 Kimberly Rd.
Lonbow Lake, ON
P0X 1H0
Canada

Katelyn McEachern
38 Kimberly Rd.
Longbow Lake, ON
P0X 1H0
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
019-5784
Ministry reference number
60-C-211135

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

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

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

Original proposal

ERO number
019-5784
Ministry reference number
60-C-211135
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

August 19, 2022 - September 18, 2022 (30 days)

Proposal details

The purpose of application 60-C-211135 is to create a new lot to separate two existing permanent residential dwellings separated by Kimberly Road. The proposed severed lot would be a 1.48-hectare backlot with 136 metres of road frontage and 82 metres of depth. The severed lot contains a permanent residential dwelling constructed in 2001 serviced by an approved septic system and a well. The proposed retained is an irregularly shaped 1.48 hectares and 35 metres of frontage on Longbow Lake. The retained lot has contains a residential dwelling constructed in 1989 serviced by an approved septic system and well.

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 August 19, 2022
to September 18, 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