Paul Rosborough and Cindy Rosborough - 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
019-5945
Ministry reference number
54-C-213330
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
September 12, 2022 - October 12, 2022 (30 days) Closed
Last updated

This consultation was open from:
September 12, 2022
to October 12, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on November 18, 2022 in respect of Application 54-C-213330 to separate the existing residential and agricultural uses, in the Unincorporated Township of Ingram, District of Timiskaming. The last day this decision can be appealed is December 8, 2022.

Location details

Site address

284124 Elliot Road
ON
Canada

Site location details

The subject property is known as 284124 Elliot Road, PINs 612730052 and 612730053 in the unincorporated township of Ingram, District of Timiskaming.

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)

Paul Rosborough and Cindy Rosborough
284124 Elliot Road
Englehart, ON
P0J 1H0
Canada

Decision details

54-C-213330 was approved November 18, 2022 with conditions. This approval would permit the separation of the existing residential and agricultural uses. The subject property is known as 284124 Elliot Road, PINs 612730052 and 612730053 in the Unincorporated Township of Ingram, District of Timiskaming.

The severed lot will be approximately 40 hectares in size and irregularly shaped, with approximately 660 metres of frontage onto Allen Road and would be approximately 805 metres deep.

The lands are currently used for agricultural purposes and would continue to be used as such.

The retained lot will be approximately 22 hectares in size and irregularly shaped, with 800 metres of frontage onto Elliot Road and approximately 380 metres deep. This lot contains an existing dwelling built in 1980. 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 through the ERO notice process or the Planning Act notice in the newspaper. Partner ministry comments and comments from local agencies contributed to conditions related to land use compatibility and access, these considerations are described in the attached notice of decision. 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 December 8, 2022.

The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

  1. 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 the retained lot, including:

    a.    The lot can only be used for agricultural uses and is not to be used for permanent residential and/or recreational uses;

    b.    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,

    c.    Provisions relating to the enforcement of the Consent Agreement.

  2. That prior to final approval, the Ministry receive written confirmation from the Ingram Local Roads Board indicating that Allen Road is within the board’s jurisdiction, is maintained by the board, and that the board has no concerns with proposed access to both the severed lands by Allen Road.

The last day this decision can be appealed is December 8, 2022.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from November 18, 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


Issuing authority
Megan Grant
Team Lead

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St
Sudbury, ON
P3E 6A5
Canada

705-564-0120

Proponent(s)

Paul Rosborough and Cindy Rosborough
284124 Elliot Road
Englehart, ON
P0J 1H0
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
019-5945
Ministry reference number
54-C-213330

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

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
019-5945
Ministry reference number
54-C-213330
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

September 12, 2022 - October 12, 2022 (30 days)

Proposal details

The application 54-C-213330 proposed to sever a lot in the unincorporated township of Ingram, District of Timiskaming.

The subject property is known as 284124 Elliot Road, PINs 612730052 and 612730053. The purpose of the application is to separate the existing residential and agricultural uses. The proposed severed lot would be approximately 40 hectares in size and irregularly shaped, with approximately 660 metres of frontage onto Allen Road and would be approximately 805 metres deep.

The lands are currently used for agricultural purposes and would continue to be used as such.

The proposed retained lot would be approximately 22 hectares in size and irregularly shaped, with 800 metres of frontage onto Elliot Road and approximately 380 metres deep. This lot contains an existing dwelling built in 1980. 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 019-5945.

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 New Liskeard Temiskaming Speaker Weekender on September 9, 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.

Municipal Services Office North (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from September 12, 2022
to October 12, 2022

Connect with us

Contact