Andrea Derungs - 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
019-7693
Ministry reference number
60-C-234706
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
October 4, 2023 - November 3, 2023 (30 days) Closed
Last updated

This consultation was open from:
October 4, 2023
to November 3, 2023

Decision summary

Application 60-C-234706 was approved on July 25, 2024 subject to conditions.  The last date to appeal the decision under the Planning Act is August 14, 2024.

Location details

Site location details

PIN 42150-1808, Parcel 6457, Location D107, Thompson Island, Lake of the Woods, in unincorporated territory, in the Distict of Kenora.  The property is accessed by water from a local marina.

Site location map

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

View this location on a map opens link in a new window

Proponent(s)

Andrea Derungs
c/o Alex Clark
106 Tayview Drive
Perth, ON
K7H 3C7
Canada

Decision details

The application for consent was draft approved on July 25, 2024 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 specific concerns related to fish or wildlife habitat, species at risk, or protected areas were identified in relation to this application. Given the absence of natural heritage features on or abutting the property, there will be no negative impacts to greenspace, natural heritage and water quality and quantity, nor public health and safety.

Conditions include: a flowage easement to define flood levels; a letter from a sewage hauler indicating they have a facility with capacity to haul sewage; an acknowledgement signed by the transferor and transferees  if the transaction is between family members, that they have read the standard information provided, including best management practices for shoreline development. 

The applicant has 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 August 14, 2024.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No ERO comments were received resulting in no impact on the decision on whether or not to proceed with this proposal.

An Indigenous community (Wauzhushk Onigum Nation) who was circulated, voiced concerns with the proposed development due to cumulative impacts of unfettered development within their Territory and noted that the proposed activity is within the vicinity of resources required for the exercise of their Aboriginal and Treaty rights. These include, but are not necessarily limited to culturally significant sites, medicine and Manoomin (wild rice), fishing, hunting, and trapping.  However, given the small-scale (the creation of less than five resource-based recreational lots and no archaeological sites on the lands), this application for resource-based recreational development is likely to have a low risk of impacting Aboriginal or treaty rights.  

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 July 25, 2024 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)

Andrea Derungs
c/o Alex Clark
106 Tayview Drive
Perth, ON
K7H 3C7
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
019-7693
Ministry reference number
60-C-234706

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.

Connect with us

Contact

Madisyn Owen

Phone number
Email address
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

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Follow this notice

Original proposal

ERO number
019-7693
Ministry reference number
60-C-234706
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

October 4, 2023 - November 3, 2023 (30 days)

Proposal details

The purpose of the applications for consent is to create one of two 1-hectare parcels of land from PIN 42150-1808 leaving a retained parcel of 26.9 hectares to be used for resource-based recreational purposes.  Both proposed new lots are currently vacant and proposed to be serviced by individual sewage systems and lake water.  The retained property contains three structures (1913, 1933 and 2000) also serviced by an individual sewage system and lake water.

Lot 1 is proposed under ERO#019-7690 under application 60-C-204006.

Thompson Island is located on Lake of the Woods, south of the City of Kenora.  The lots can be accessed by water from Tall Pines Marina which is located in Kenora approximately 8 km north of the subject land.

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 October 4, 2023
to November 3, 2023

Connect with us

Contact

Madisyn Owen

Phone number
Email address
Office
Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number