Susan Simpson & Jeffrey Keegan - 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
019-6297
Ministry reference number
58-C-215736
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 23, 2022 - December 23, 2022 (30 days) Closed
Last updated

This consultation was open from:
November 23, 2022
to December 23, 2022

Decision summary

Application 58-C-215736 was approved with modification on August 30, 2023 subject to conditions.  The last date to appeal with decision under the Planning Act is September 19, 2023.

Location details

Site address

285 Two Island Lake Road
Gorham, ON
P7G 0Y1
Canada

Site location details

PIN 62327-0328 (LT), Parts 1-4, PIN 62327-0329 (LT), Parts 5-10 of Plan 55R-13281, Summer Resort Location PP 664, Plan M-99, locally known as 285 Two Island Lake Road, in the Unincorporated Township of Jacques, in the District of Thunder Bay

Site location map

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

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Proponent(s)

Susan Simpson & Jeffrey Keegan
200 Woodside Street
Thunder Bay, ON
P7A 7G6
Canada

Decision details

The application was approved on August 30, 2023 with modifications subject to the following conditions:

That this approval is modified to permit the severance of approximately 0.75 hectares from PINs 62327-0328 and 62327-0329 and leave a retained lot of 1.15 hectares and include the Two Island Lake shoreline attached to the retained so no new development can take place on Two Island Lake.

2. That the new survey line on Part 5 should be located 40 metres back from the Two Island Lake surveyed shoreline.

3. That the applicants shall cause a restriction to be registered on Parts 1, 4, part 5B and 10 (parts of retained lot), as shown on Appendix A and forming part of this Decision, in wording acceptable to the Ministry of Municipal Affairs and Housing, having the effect that:

The natural buffer of shoreline vegetation will not be disturbed up to the 40-metre mark from the shoreline of Two Island Lake; and

No docks or buildings or shoreline structures shall be constructed up to the 40-metres mark from the shoreline of Two Island Lake.

4. The applicants or their solicitor shall give an undertaking that, upon any subsequent sale or transfer of Parts 1, 4, part 5B and 10, identified hereto as Appendix A, it shall be a requirement of the sale or transfer that each successor in title shall acknowledge and agree to be bound by the restriction registered in accordance with condition 3, for themselves and any future successor in Title.

5. That prior to final approval, an archaeological assessment (and any further assessments, as recommended) must be prepared by a licensed archaeologist under the Ontario Heritage Act on the entire property and submitted to the Ministry of Citizenship and Multiculturalism (MCM).

6. 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 and retained parcels with the Ministry of Municipal Affairs and Housing (MMAH), to its satisfaction, addressing the potential development of the lands, including:

a. The parcels can only be used for resource-based recreational uses, with one recreational dwelling per transferable lot, and is not to be used for permanent residential, tourism, commercial, industrial or other purposes.

b. No further severances shall be permitted on the retained or severed lands.

c.    For the retained property:

       i.   The natural buffer of shoreline vegetation will not be disturbed up to the 40-metre mark from the shoreline of Two Island Lake; and

       ii.   No docks or buildings or shoreline structures shall be constructed up to the 40-metre mark from the shoreline of Two Island Lake. 

d.    No wells shall be installed on the retained or severed lands without a proper study completed by a qualified professional ensuring the lands can safely accommodate it.

e.    Certain standard and site-specific requirements and notification provisions be identified, including those in Schedule 1 to this Notice of Decision.

f.     Provisions to obtain undertakings from the applicants and/or the applicants’ lawyer to implement conditions and requirements, including that the Consent Agreement be registered on title in priority to other documents; and

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

7.  That prior to final approval, the applicants and their solicitor shall apply to the Director of Titles for an entry to be made on the register that no transfer shall be made or charge created with respect to the lands for the severed portion (Parts 3, 5A, 6 and 7) and for the retained (Parts 1, 2, 4, 5B, 8, 9 and 10), as shown on Appendix A, unless the consent of the Manager, Community Planning and Development, Municipal Services Office North – Thunder Bay, Ministry of Municipal Affairs and Housing is given to the transfer or the creation of a charge.

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 September 19, 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 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 August 30, 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)

Susan Simpson & Jeffrey Keegan
200 Woodside Street
Thunder Bay, ON
P7A 7G6
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
019-6297
Ministry reference number
58-C-215736

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
019-6297
Ministry reference number
58-C-215736
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

November 23, 2022 - December 23, 2022 (30 days)

Proposal details

The purpose of the consent application is to split the 1.9-hectare lot in half to create one (1) new 0.95-hectare lot for resource-based recreational use. There is currently a cottage serviced by an outhouse, along with a sauna and shed. The proposed retained 0.95 ha property contains a cottage serviced by a holding tank, guest cabins, a sunroom, a sauna, a woodshed and a privy. Both cottages use water from Island Lake. The buildings and sewage systems all front on Island Lake and no development is proposed on Two Island Lake.

The property is located approximately 17.5 kilometres north of the City of Thunder Bay municipal boundary and accessed by Two Island Lake Road, which bisects the proposed lots, and is maintained on a year-round basis by the Jacques Local Roads Board.

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 23, 2022
to December 23, 2022

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