Ivan Labonte - 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
019-6766
Ministry reference number
54-C-234806
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
March 22, 2023 - April 21, 2023 (30 days) Closed
Last updated

This consultation was open from:
March 22, 2023
to April 21, 2023

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent to create an easement for access purposes was granted on June 15, 2023, subject to conditions.

Location details

Site address

1281 Highway 66 West
Swastica, ON
P0K 1T0
Canada

Site location details

Part Lot 5, Concession 4, Eby Township PIN 61242-0038.

Site location map

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

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Proponent(s)

Ivan Labonte
1281 Highway 66 West
Swastika , ON
P0K 1T0
Canada

Decision details

Application 54-C-234806 was approve on June 15, 2023, with conditions. This approval will allow the creation of an easement approximately 6 metres wide for access purposes over PIN 61242-0038 (the servient lands) in favour of PIN 61242-0171 (the dominant lands). The servient property is approximately 6.5 hectares in size, with 430 metres of frontage on Hwy 66, and contains one residence.

The dominant property is approximately 16 hectares with no road frontage. The lands are used for hunting and other recreational pursuits.

No new buildings or structures are proposed as a result of this application.

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 section 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 July 5, 2023.

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

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 as a result of the public notice.

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 June 15, 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
Megan Grant
Team Lead

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St
Sudbury, ON
P3E 6A5
Canada

705-564-0120

Proponent(s)

Ivan Labonte
1281 Highway 66 West
Swastika , ON
P0K 1T0
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
019-6766
Ministry reference number
54-C-234806

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
019-6766
Ministry reference number
54-C-234806
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

March 22, 2023 - April 21, 2023 (30 days)

Proposal details

PIN 61242-0171 (the dominant parcel) to provide legal road access to the benefitting parcel. The easement would be approximately 6 metres wide and would provide access to Highway 66 West from the dominant lands.

The servient lands are approximately 6.5 hectares, with approximately 430 metres of frontage on Highway 66 West. The lands are currently the site of a residence and associated structures and services.

The dominant lands are approximately 16 hectares and have no road frontage. The lot is currently vacant and is proposed to be used for resource-based recreational use.

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 019-6609.

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.

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 New Liskeard Temiskaming Speaker Weekender in English and French.

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 March 22, 2023
to April 21, 2023

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