Update Announcement
This decision notice has been updated on November 1, 2024, to advise the public of a change of conditions of provisional consent. The Notice of Change is attached and the list of non-standard conditions listed here has been updated, accordingly.
This consultation was open from:
August 26, 2022
to September 25, 2022
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent to create one new lot for seasonal recreation was granted on November 28, 2022, subject to conditions. A Notice of Change, dated November 1, 2024, has amended the list of conditions.
Location details
Site address
North Road
Upsala,
ON
Canada
Site location details
The lands are described as PIN 62345-0017, N Pt of Broken Lot 3, Con 4; S Half of Lot 4, Con5; and N Half of Lot 4, Con 4; Unincorporated Township of Upsala, District of Thunder Bay.
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)
John Basalyga & Michele Gartshore
667 North Road
Upsala,
ON
P0T 2Y0
Canada
Decision details
On November 1, 2024, major changes are being made to the November 28, 2022 decision as follows:
- Condition 3 is amended to include an additional provision to the Consent Agreement related to a requirement for a Record of Site Condition if a change of use occurs in the future.
- The provisional Consent will now lapse two years 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 November 21, 2024.
The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (Provincial Planning Statement, 2024) (e.g. natural heritage, water quality protection). No public comments were received, or concerns identified.
Original conditions include an inspection by the Thunder Bay District Health Unit for the suitability of sewage systems; a Consent Agreement regarding no further severances allowed and limiting the use to resource-based recreational only; an archaeological assessment undertaken by a licensed archaeologist; a completed Wildland Fire Risk Assessment and Mitigation plan; a Record of Site Condition filed on the Brownfields Environmental Site; and confirmation of adequate capacity to dispose of hauled sewage from the holder of an Environmental Compliance Approval (ECA).
The decision to approve the consent is consistent with the Provincial Policy Statement (Provincial Planning Statement, 2024) 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 November 21, 2024.
The approval can be appealed by a specified person or public body, as defined in s. 1(1) of the Planning Act, 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 November 21, 2024.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from November 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
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
John Basalyga & Michele Gartshore
667 North Road
Upsala,
ON
P0T 2Y0
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
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
Chelsea Flegel
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Original proposal
Proposal details
The purpose of this application is for the creation of three (3) new lots by severing PIN 62345-0017 in the Unincorporated Township of Upsala, District of Thunder Bay. The effect of these applications is to sever one multi-use lot and create three (3) new lots totaling 172.43 hectares in size for permanent residential/agricultural, recreational, and commercial use, and one (1) retained lot, 15.42 hectares in size for residential purposes. All proposed lots are serviced by existing sewage systems and wells.
Application 58-C-225113 refers to proposed severed Lot 4 and would be approximately 19.28 hectares in size with 327 metres of frontage and a depth of 430 metres. The proposed lot has one residential dwelling and a mechanical shop, previously used to support logging operations in the area. No fuel is currently stored on the property and there has been no commercial operation for 13 years. The lot is serviced by a septic field and a drilled well. If approved, commercial development of the property is proposed.
For information on proposed lot 2 and 3, see ERO No. 019-5914 under application 58-C-180656, and ERO No. 019-5915 under application 58-C-224982.
Other Information
During the public consultation period, the government contact may also be reached at 1-807-630-8442 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.
Pursuant to the Planning Act requirements, a public notice will be published in a local paper.
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.
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comment
Commenting is now closed.
This consultation was open from August 26, 2022
to September 25, 2022
Connect with us
Contact
Chelsea Flegel
435 James Street South
Suite 223
Thunder Bay,
ON
P7E 6S7
Canada
Comments received
Through the registry
0By email
0By mail
0