Darcy James - 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
019-6835
Ministry reference number
60-C-232158
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 24, 2023 - April 23, 2023 (30 days) Closed
Last updated

This consultation was open from:
March 24, 2023
to April 23, 2023

Decision summary

A provisional consent was granted subject to standard conditions on June 14, 2023. The last date to appeal the decision is July 4, 2023.

Location details

Site location details

The property is described as PIN 42125-0158, Part of Lot 7 of Plan M-582, in the unincorporated Township of Kirkup, in the District of Kenora. The subject lands are located in Bigstone Bay on the Lake of the Woods, approximately 16 kilometres east of the City of Kenora municipal boundary. The lots are accessed via Storm Bay Road, which is maintained by the Storm Bay roads Board, and then further accessed over a private easement over Block C of Plan M582 (Whitta Road).

Site location map

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

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Proponent(s)

Darcy James
PO Box 353
Minnedosa, MB
R0J 1E0
Canada

Decision details

The application for consent 60-C-232158 is draft approved subject to conditions.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement. No public comments were received, and conditions were added to address partner ministry concerns relating to public health and safety.

No concerns related to fish or wildlife habitat, species at risk, or protected areas were identified in relation to this application.

Conditions include an acknowledgement from the transferors and transferees that:

  1. That the Province of Ontario does not guarantee road access to the property and that private owners who rely on the private road for access may need to assume costs and responsibility for upkeep and maintenance of the roadway.
  2. There are three known abandoned mine sites within 1km of the subject property and the mineral potential in this area is high.

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 July 4, 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 June 14, 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)

Darcy James
PO Box 353
Minnedosa, MB
R0J 1E0
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
019-6835
Ministry reference number
60-C-232158

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
019-6835
Ministry reference number
60-C-232158
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

March 24, 2023 - April 23, 2023 (30 days)

Proposal details

The purpose of this application for consent is to create an easement over an existing private road (Whitta Road) averaging 13 metres in width and would extend approximately 79.5 metres over PIN 42125-0158 on part of Lot 7 of Plan M-582. The dominant lands are approximately 1.11 hectares in size.

Three other easements are being proposed under applications 60-C-232864 (ERO #019-6834), 60-C-232179 (ERO# 019-6836) and 60-C-232137 (ERO #019-6837).

These applications are the result of a conditional approval for a new lot (60-C-216411) where legal access was required over a private road that extends over four separate properties.

Other Information

During the public consultation period, the government contact may also be reached at 1-807-630-3486 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

Pursuant to the Planning Act requirements, a public notice will be published in a local paper.

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 March 24, 2023
to April 23, 2023

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