Serge and Tuula Ayotte - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Application 52-C-202036 would create a 1.0 ha new lot for seasonal recreational use on Lower Onaping Lake in Ulster unincorporated township, District of Sudbury. 

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement 2020 (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 May 12, 2024.

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

Non-standard conditions include: 

1. 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 a Consent Agreement with the Ministry of Municipal Affairs and Housing, to its satisfaction, addressing the use and potential development of the severed lot, including:
   • the lot can only be used for resource-based recreational uses (including a recreational dwelling) and is not to be used for permanent residential or commercial uses;
   • 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,
   • provisions relating to the enforcement of the Consent Agreement.
      
2. That prior to final approval, the Ministry must be advised in writing by Public Health Sudbury and Districts regarding the suitability of the retained and severed lots for sewage and water systems:
   • For the retained lot, the health unit should confirm:
     • That the existing septic was installed with a valid permit and that it meets required clearance distances (as per Ontario regulations 358 and 903, and the Building Code) to the proposed lot lines. 
     • Whether there is the ability to accommodate additional installations (i.e., installing replacement parts of systems) and/or a new Class IV sub-surface sewage system, should it be required.
     • With respect to water services, if the lot has more than five (5) service connections, the health unit must indicate they approve of the water system, or that public health approvals are not required.
   • For the severed lot, 
     • The health unit should indicate that a new Class IV septic system could be installed to Code with appropriate setbacks.
        
3. That prior to final approval, the Ministry must be provided with written confirmation from Conservation Sudbury indicating that a new Class IV septic system could be installed on the severed lot, in compliance with the conservation authority’s permit requirements. 
    
4. That prior to final approval, the Ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the retained and severed lots. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept any additional hauled sewage from these lots.
    
5. That prior to final approval, the Ministry must be provided written confirmation from the Ministry of Environment Conservation and Parks indicating that a satisfactory Record of Site Condition (RSC) and accompanying environmental site assessment (ESA), prepared by a qualified professional, is filed with MECP, as per Section 14(3) of Ontario Regulation 153/04 issued under the Environmental Protection Act, and that any required actions indicated in the RSC and ESA have been completed. 
    
6. That prior to final approval, an archaeological assessment by a licensed archaeologist under the Ontario Heritage Act must be prepared and submitted. The assessment report must conform to the Ministry of Citizenship and Multiculturalism (MCM) standards and guidelines for Consultant Archaeologists (2011). The licensed archaeologist will send the assessment to MCM for review and registration. MCM will send an acceptance letter to MMAH when MCM requires no further assessment.