J.F.T. Developments Ltd. and 2716906 Ontario Inc - Approval for a consent (subject to conditions) in an area where there is no official plan in place

54-C-224505 was approved on December 19, 2022 with conditions. This approval will permit the creation of one new lot for seasonal residential/recreational use. The new lot would be approximately 9.1 hectares in size and be accessed from Highway 65. On-site services (e.g., septic) would be used. The lot is currently vacant. 

This application is related to application 54-C-224307(ERO# 019-6121) and 54-C-224406(ERO# 019-6124) which proposed to sever two new lots from the same subject property. The ERO notice for related applications is linked in this notice.

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. 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 January 8, 2023.  
The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:
⦁    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 new lot, including:

a.    the new lot can only be used for resource-based recreational uses and is not to be used for permanent residential or commercial use;

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.

⦁    That prior to final approval an archaeological assessment of the subject property shall be undertaken by an archaeologist licensed under the Ontario Heritage Act, who will submit the report directly to the Ministry Citizenship and Multiculturalism (MCM) for review as per the terms and conditions of their license. The proponent shall undertake to complete any recommendations of the assessment, including but not limited to, any further study required. Prior to final approval, MMAH must be advised in writing by MCM that the assessment was accepted and that MCM is satisfied no further assessment is required. See Note #5 for more information.

⦁    That prior to final approval, the ministry must be provided written confirmation from the Timiskaming Health Unit that the proposed lots have been inspected and are suitable for the installation of a subsurface sewage system and that any existing systems meet their requirements. 

⦁    That prior to final approval, the ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed lot. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept hauled sewage from the new lot.

⦁    That prior to final approval, the ministry must be provided with confirmation from the Ontario Ministry of Transportation (MTO) that the location of the proposed new access from Highway 65 is adequate, and that upon registration of the transfer, that MTO will be willing to grant an entrance permit. Please see note 4 for further information.

⦁    That prior to final approval, a Noise Impact Feasibility Study shall be undertaken that assesses noise impacts from Highway 65. The study should follow the requirements of the Ministry of Environment, Conservation and Park’s “Environmental Noise Guideline: Stationary and Transportation Sources Approval and Planning. Publication NPC-300”. Noise studies should be prepared by a qualified professional.