Thomas John Luxmore - 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
019-8038
Ministry reference number
54-C-237215
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
December 22, 2023 - January 21, 2024 (30 days) Closed
Last updated

This consultation was open from:
December 22, 2023
to January 21, 2024

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent for a lot addition to address an encroachment was granted on February 22, 2024, subject to conditions.

Location details

Site address

PIN 61204-0092
McKeown unincorporated township, District of Timiskaming, ON
Canada

Site location details

PIN 61204-0092, McKeown unincorporated township, District of Timiskaming.

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)

Thomas John Luxmore
259 Reliable Lane
Timmins, ON
P4N 7C9
Canada

Alicia Luxmore
259 Reliable Lane
Timmins, ON
P4N 7C9
Canada

Decision details

Application 54-C-237215 was approved on February 22, 2024, with conditions. This approval will allow the transfer of approximately 0.07 hectares of land for the purpose of a lot addition. The retained land is approximately 0.3 hectares in size, with frontage on Kenogami Lake, and contains a cottage, garage and other accessory structures and services. 

No new buildings or structures are proposed as a result of these applications.

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 15, 2024.

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 February 22, 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
Megan Grant
Team Lead

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

705-564-0120

Proponent(s)

Thomas John Luxmore
259 Reliable Lane
Timmins, ON
P4N 7C9
Canada

Alicia Luxmore
259 Reliable Lane
Timmins, ON
P4N 7C9
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
019-8038
Ministry reference number
54-C-237215

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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Follow this notice

Original proposal

ERO number
019-8038
Ministry reference number
54-C-237215
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

December 22, 2023 - January 21, 2024 (30 days)

Proposal details

The application would sever a triangular piece of land, approximately 71 square meters in size, and add it to PIN 61204-0091, in order to rectify an encroachment of an existing building. In return application 54-C-230196 would sever the same-size piece of land from PIN 61204-0091 and added to PIN 61204-0092. The lot would be 0.3 hectares and would have 51 meters frontage on Kenogami Lake. The overall sizes of the lot and its frontage would remain the same. The lot contains a house and a garage serviced by individual on-site sewage and water services. 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 019-8038.

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 was published in the New Liskeard Temiskaming Speaker Weekender on Friday, December 1, 2023, 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 December 22, 2023
to January 21, 2024

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