Beaver Creek Land and Cattle Company Ltd - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Application 54-C-218302 was approved on February 10, 2023, with conditions. This approval will permit the creation of one new lot for seasonal residential/recreational use. The new lot would be approximately 2.5 hectares in size and be accessed from Denomme Road (Concession 2 Ingram).The lot is currently vacant. Onsite services (e.g. well and septic) would be used. The retained land will continue to be used for agriculture.

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 and will not have a significant impact on the environment.

The approval can be appealed by a specified person or public body, as defined in s. 1(1) of the Planning Act, 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 March 2,2023.

The applicant has two (2) years to satisfy conditions, otherwise the 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 Consent Agreements with the Ministry of Municipal Affairs and Housing, to its satisfaction, addressing the use and potential development of the severed and retained lots, including:

1. the severed lot can only be used for resource-based recreational uses and is not to be used for permanent residential or commercial use;
2. the retained lot can only be used for agricultural use and is not to be used for residential uses;
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.

That prior to final approval assurance must be provided, to MMAH satisfaction, that the small section of land on the opposite side of the Blanche River making up part of the subject lands will not be separated from the severed lands in future, by either:

1. Provision of a written legal document indicating that the Blanche River does not represent a natural severance and therefore the two sections of land could not be transferred separately; or,
2. Registration of a restriction on title under Section 118 of the Land Titles Act stating that no transfer shall be made or charge created relating to the lands without the consent of the Manager, Community Planning and Development, Municipal Services Office North (Sudbury).

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