Steven Bobay - 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
019-6003
Ministry reference number
58-C-215541
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
November 10, 2022 - December 10, 2022 (30 days) Closed
Last updated

This consultation was open from:
November 10, 2022
to December 10, 2022

Decision summary

Application 60-C-215541 was approved on April 13, 2023, subject to conditions. The last date to appeal this decision is May 3, 2023.

Location details

Site address

Van Horne, ON
P8N 2Y5
Canada

Site location details

The subject lands are described as PIN 42079-0155, Concession, 2, Lot 4, geographic township of Van Horne, District of Kenora and are accessed by McIntyre Drive. The subject lands are 16 kilometres south of the central area of the City of Dryden.

Site location map

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

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Proponent(s)

Steven Bobay
site 230,Comp 60, RR#2
Dryden, ON
P8N 2Z5
Canada

Christine Bobay
site 230,Comp 60, RR#2
Dryden, ON
P8N 2Z5
Canada

Decision details

Application 60-C-215541 was approved on April 13, 2023 subject to the following conditions

  1. That this approval, applies to the creation of one new parcel of land approximately 1.0 hectare in size, and a retained portion of 20.0 hectares, for a resource-based recreational use as applied for, in the above noted location.
  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;
    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 (and retained if requested) which is acceptable to the land registrar.
  3. That prior to final approval, the applicants are to provide written confirmation that the following conditions have been met:
    1. Confirmation from the Northwestern Health Unit (NWHU) which states that both the severed and retained parcels have been inspected by the NWHU and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements.
    2. Verification from a licensed well driller that adequate potable water (including appropriate treatment option(s) to make the water aesthetically suitable for human consumption) and pumping capacity is available on the proposed severed property in accordance with Regulation 903 – Wells, under the Ontario Water Resources Act and the D-5-5 Private Wells-Water Supply Assessment.
    3. Confirmation from a licensed well contractor, for both the proposed severed and retained lots, confirming that an inspection of existing well(s) has occurred to ensure that they are in a properly maintained state, and that steps have been taken for them to be brought to standard if required. See Note 4 for further information.
  4. That prior to final approval, and pursuant to subsections 53(12) and 51(25) and 51(26) or (27) of the Planning Act, the applicants shall enter into a Consent Agreement for the severed parcel with the Ministry of Municipal Affairs and Housing (MMAH), to its satisfaction, addressing the use and potential development of the new lot, including:
    1. The lot can only be used for resource-based recreational use (including a resource-based recreational dwelling) and is not to be used for permanent residential use or institutional use;
    2. No further severances shall be permitted on the lots;
    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.
  5. That prior to final approval, written confirmation is received from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the disposal facility and the related Ministry of Environment, Conservation and Parks (MECP) approval, and confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the lots. See fact sheet attached for further information.

The last date to appeal this decision is May 3, 2023.

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 April 13, 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)

Steven Bobay
site 230,Comp 60, RR#2
Dryden, ON
P8N 2Z5
Canada

Christine Bobay
site 230,Comp 60, RR#2
Dryden, ON
P8N 2Z5
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
019-6003
Ministry reference number
58-C-215541

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
019-6003
Ministry reference number
58-C-215541
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

November 10, 2022 - December 10, 2022 (30 days)

Proposal details

The purpose of this application is to create a new lot from PIN 42079-0155. The proposed severed lot would be 1 hectare with 80 metres of frontage on McIntyre Drive and a depth of 125 metres. The proposed retained lot would be 20 hectares with 325 metres of frontage and a depth of 625 metres. The proposed severed lot is developed by a building built in 1996 and is currently and proposed to be a community charity used for resource-based recreational use. The retained lot is developed by a residence built in 2000 and is currently and proposed to be used for residential use. The lands are proposed to be serviced by individual onsite sewage and water services. The lands are accessed by McIntyre Drive which is maintained on a year-round basis by the Van Horne Local Roads Board and are 16 kilometres from the central area of the City of Dryden.

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 November 10, 2022
to December 10, 2022

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