Shining Tree Camps (2873916 Ontario Inc.) - 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
019-8074
Ministry reference number
52-C-220407
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
February 15, 2024 - March 16, 2024 (30 days) Closed
Last updated

This consultation was open from:
February 15, 2024
to March 16, 2024

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent for a lot addition was granted on May 2, 2024, subject to conditions. 

Location details

Site address

120 Lakeshore Road
Shining Tree, ON
P0M 2X0
Canada

Site location details

Part mining claim WD 1427 (PIN 73187-0009), Asquith unincorporated township, District of Sudbury.

Site location map

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

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Proponent(s)

Shining Tree Camps (2873916 Ontario Inc.)
120 Lakeshore Road Hwy 560
Shining Tree, ON
P0M 2X0
Canada

Decision details

Application 52-C-220407 was approved on May 2, 2024, with conditions. This approval will allow the transfer of 0.05 hectares from the 120 Lakeshore Road to 122 Lakeshore Road to provide direct access to West Shining Tree Lake in Asquith 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 22, 2024.

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

Non-standard conditions include: 

  • 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 benefitting lots for sewage and water systems:
    • For the retained lot, the health unit should confirm: 
      • With respect to water services, if the lot has more than five (5) service connections, that they approve of the water system.
    • For the benefitting lot: 
      • 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.
  • That prior to final approval, the Ministry must be provided written confirmation from the Ministry of Environment Conservation and Parks (MECP) 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. 
  • The subject lands are within the Ministry of Transportation’s (MTO’s) permit control area. Prior to final approval for consent, the owners of the retained and benefitting lots shall acquire applicable MTO permits: 
    • Retained lot (Shining Tree Camps):
      • A ‘commercial entrance permit’, which will come at no additional cost to the owner because the entrance is longstanding / existing.
      • A ‘building and land use permit’ for existing buildings and structures.
    • Benefitting lot:
      • A ‘residential entrance permit’, which will come at no additional cost to the owner because the entrance is longstanding / existing.
      • A ‘building and land use permit’ for existing buildings and structures.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

N/A

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 May 3, 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)

Shining Tree Camps (2873916 Ontario Inc.)
120 Lakeshore Road Hwy 560
Shining Tree, ON
P0M 2X0
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
019-8074
Ministry reference number
52-C-220407

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
019-8074
Ministry reference number
52-C-220407
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

February 15, 2024 - March 16, 2024 (30 days)

Proposal details

The application proposes a lot addition to allow access to West Shining Tree Lake for the neighboring lot.

The proposed severed lot to transfer to the neighbour would be 0.05 hectares with 22.8 metres of frontage on West Shining Tree Lake and a depth of 25.9 metres. Buildings and structures existing on the benefitting lot include a seasonal dwelling, a septic system, and a well. The proposed benefitting lot is currently 0.25 hectares, with 30.4 metres of frontage on Lakeshore Road and with a depth of approximately 66.8 metres.

The proposed retained lot holds Shining Tree Camp, a commercial resort. The proposed retained lot would be 0.7 hectares, with 80.2 metres of frontage on West Shining Tree Lake, 56.6 metres of frontage on Lakeshore Road, and a depth of 95.7 metres. Buildings on retained lot include six cabins, a shed, a shop, a main lodge, a septic system, a well, docks, fuel tanks and diesel tanks.

There are no proposals for new buildings or structures associated with the 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 019-8074.

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 a specified person or any 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 Sudbury Star on Tuesday February 13, and in Sudbury Le Voyageur on Wednesday, February 14, 2024.

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 February 15, 2024
to March 16, 2024

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