Leona Wall - 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
019-5818
Ministry reference number
60-C-217403
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 8, 2022 - September 7, 2022 (30 days) Closed
Last updated

This consultation was open from:
August 8, 2022
to September 7, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on September 28, 2022 in respect of Application 60-C-217403 for the creation of one new lot for recreational use on lands described as PIN 42180-0835, in unsurveyed Territory, in the District of Kenora. The last day this decision can be appealed is October 18, 2022.

Location details

Site location details

PIN 42180-0835, Parcel 1478 DPF, Summer Resort Location RFD 26, and Part 1 of Plan 23R-6820 on Location CL4748 (shoreline reserve), unincorporated territory, District of Kenora

Site location map

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

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Proponent(s)

Leona Wall
Box 7, Site 42
RR #1
Vermilion Bay, ON
P0V 2V0
Canada

Decision details

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.

No concerns related to fish or wildlife habitat, no water quality or quantity, species at risk, or protected areas were identified in relation to this application. Given the small scale of this proposal and the absence of natural heritage features in the area, there will be no negative impacts to greenspace, natural heritage and water quality and quantity, nor public health and safety.

The following conditions were added:

To ensure the use of the new lot is consistent with the permitted “sustainable management of resources” in unincorporated areas, an agreement registered on title that limits the new lot to recreational uses only and prohibits permanent residential uses.

To guarantee a safe and legal access to the new property, a requirement for notification to prospective buyers or transferees by the property owners that the Province of Ontario does not guarantee road access to the property and that private owners who rely on this road for access may need to assume costs and responsibility for upkeep and maintenance of the Crown access road. Road construction beyond the minor maintenance activities outlined at the link below, on Crown land may require a work permit from the Ministry of Natural Resources and Forestry.

To protect human health and the environment, a report from the Northwestern Health Unit that existing sewage systems are operating satisfactory and/or that there is adequate space to install a new system if required; and a letter is provided from a sewage hauler confirming that the approved sewage disposal facility has sufficient reserve capacity to accept hauled sewage from the new lot.

To prevent negative impacts to shorelines, the environment, human health and species at risk, best management practices for development were shared with the owners.

To protect cultural heritage impacts from development, a clause is required in the Consent Agreement that if development or any ground disturbing activity takes place, an archaeological assessment shall be completed by an archaeologist licensed under the Ontario Heritage Act.

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 applicant has 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 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 resulting in no impact on the decision on whether or not to proceed with this proposal.

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 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


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)

Leona Wall
Box 7, Site 42
RR #1
Vermilion Bay, ON
P0V 2V0
Canada


Appellate body

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


Include the following:

ERO number
019-5818
Ministry reference number
60-C-217403

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
019-5818
Ministry reference number
60-C-217403
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

August 8, 2022 - September 7, 2022 (30 days)

Proposal details

The purpose of this application for consent (60-C-217493) is to sever approximately a 1-hectare parcel from PIN 42180-0835 on Cliff Lake for the creation of one (1) new parcel for resource-based recreational use. The property contains two small cabins serviced by an outhouse and lake water. The proposed retained lot contains a summer residence serviced by a sewage system and lake water and would be approximately 1.02 hectares in size.

The subject lands are located on Cliff Lake approximately 43 kilometres north of the Township of Machin (Vermillion Bay) municipal boundary. The subject lands are accessed by an unnamed road over Crown land from Deer Lake Road via Highway 105. An easement will be required over the retained property to access the severed land.

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 8, 2022
to September 7, 2022

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