Aaron Sands - 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
019-6321
Ministry reference number
48-C-219766
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 18, 2022 - December 18, 2022 (30 days) Closed
Last updated

This consultation was open from:
November 18, 2022
to December 18, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on December 19, 2022 in respect of Application 48-C-219766 to sever a piece of land approximately 38.8 hectares in size from PIN 49123-0185 (LT) to be consolidated with PIN 49123-0186 (LT), in Phelps unincorporated township, Nipissing District.

Location details

Site address

ON
Canada

Site location details

PIN 49123-0186 (LT), Part 1 Plan 36R-4085, Phelps unincorporated township, Nipissing District.

Site location map

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

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Proponent(s)

Aaron Sands
9798 Highway 63
Redbridge, ON
P0H 2A0
Canada

Decision details

48-C-219766 was approved December 19, 2022 with conditions. This approval permits the consolidation of lands to address an encroachment of a well and increase the size/frontage of the benefitting lot.

Application 48-C-219766 will sever a piece of land approximately 38.8 hectares in size from PIN 49123-0185 (LT) to be consolidated with PIN 49123-0186 (LT). The proposed severed lands are vacant and mostly wooded and contain a well utilized by the benefitting lot. The lands have frontage on Mountain View Road and on Highway 63, although there is no access from the highway.

The benefitting lot (PIN 49123-0186) is 6.07 hectares in size, rectangular shaped, with approximately 447 metres of frontage on Mountain View Road. It currently contains 2 detached dwellings, and a garage with an attached dwelling unit. All three dwelling units are serviced by their own individual septic systems. Currently there is only one well located within the boundaries of the property which is utilized by two of the dwelling unit. One of the dwellings utilizes a well that is on the lands to be severed. The resulting consolidated lot would be approximately 45 hectares in size and would continue to be used for residential purposes.

The proposed retained lot would be generally rectangular in shaped, 17.8 hectares in size, with approximately 677 metres of frontage on Allen’s Road (used for access), and approximately 225 metres of frontage on Mountain View Road. The proposed retained lot is used for residential purposes and currently contains one dwelling, serviced by a well and septic system. There are also two sheds, and a garage on the property.

No public comments were received through the Environmental Registry of Ontario notice process or the Planning Act notice in the newspaper. Partner ministry comments and comments from local agencies contributed to.

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 Environmental Registry of Ontario 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 January 8, 2023.

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

Non-standard conditions include:

  1. That prior to final approval, the ministry must be provided a written confirmation from the North Bay-Mattawa Conservation Authority indicating that all existing systems on both lots meet their requirements will be requested as a condition

The last day this decision can be appealed is January 8, 2023.

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 December 19, 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)

Aaron Sands
9798 Highway 63
Redbridge, ON
P0H 2A0
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
019-6321
Ministry reference number
48-C-219766

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
019-6321
Ministry reference number
48-C-219766
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

November 18, 2022 - December 18, 2022 (30 days)

Proposal details

The purpose of this application is to address an encroachment of a well and increase the size/frontage of the benefitting lot. Application 48-C-219766 proposes to sever a piece of land approximately 38.8 hectares in size from PIN 49123-0185 (LT) to be consolidated with PIN 49123-0186 (LT). The proposed severed lands are vacant and mostly wooded and contain a well utilized by the benefitting lot. The lands have frontage on Mountain View Road and on Highway 63, although there is no access from the highway.

The proposed benefitting lot (PIN 49123-0186) is approximately 6.07 hectares in size, rectangular shaped, with approximately 447 metres of frontage on Mountain View Road. It currently contains 2 detached dwellings, and a garage with an attached dwelling unit. All three dwelling units are serviced by their own individual septic systems. Currently there is only one well located within the boundaries of the property which is utilized by two of the dwelling unit. One of the dwellings utilizes a well that is on the lands to be severed. The resulting consolidated lot would be approximately 45 hectares in size and would continue to be used for residential purposes.

The proposed retained lot would be generally rectangular in shaped, 17.8 hectares in size, with approximately 677 metres of frontage on Allen’s Road (used for access), and approximately 225 metres of frontage on Mountain View Road. The proposed retained lot is used for residential purposes and currently contains one dwelling, serviced by a well and septic system. There are also two sheds, and a garage on the property.

Surrounding lands have a mix of vacant and residential lots.

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 019-6321.

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 North Bay Nugget on November 24, 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 November 18, 2022
to December 18, 2022

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