This consultation was open from:
October 30, 2024
to November 29, 2024
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent for a lot addition was granted on January 14, 2025, subject to conditions.
Location details
Site address
Summer Resort Location CL277
Gallagher unincorporated township, District of Sudbury
ON
P0M 1K0
Canada
Site location details
Summer Resort Location CL277 (PIN 73097-0043; retained lot) and Summer Resort Location CL278 (PIN 73097-0004; benefitting lot), Gallagher unincorporated township, District of Sudbury.
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 windowProponent(s)
Michael Pellow
316 Hawthorn Crescent
Amherstburg,
ON
N9V 1S1
Canada
Decision details
On January 14, 2025 the provisional consent was approved regarding application No. 52-C-246297, with conditions, to permit a 0.01-hectare lot addition and adjacent 0.05-hectare easement at Borden Lake in Gallagher unincorporated township, District of Sudbury. The application corrects an encroachment and facilitates legal access for the neighbour.
The application was reviewed for consistency with the environmental policies of the Provincial Planning Statement 2024 (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 Planning 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 February 3, 2025.
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 confirming that the existing septic systems were installed with valid permits and that they meet required clearance distances (as per Ontario regulations 358 and 903, and the Building Code) to the proposed lot lines. The Health Unit letter should also indicate the suitability of the retained and benefitting lots for new sewage and water systems, should they be required in future.
- That prior to final approval, the Ministry must be advised in a letter from a holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, referencing the name and location of the facility and the ECA, and confirming that the facility has sufficient reserve capacity to accept hauled sewage from both the retained and benefitting lots.
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.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from January 14, 2025 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
This instrument decision can be appealed under the Planning Act and the Environmental Bill of Rights.
Start the process to appeal
Appeal Rights under the Planning Act
You can appeal all or part of this instrument to the appeal to the Ontario Land Tribunal (OLT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing. You have 20 days to begin the appeal process.
Who can appeal
Other than the applicant, only a "specified person" or "public body", as defined in s. 1(1) of the Planning Act, has the ability to appeal the decision to the Ontario Land Tribunal.
Notice of appeal
Your notice of appeal must include:
- 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 Ontario Land 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.
AND
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
Michael Pellow
316 Hawthorn Crescent
Amherstburg,
ON
N9V 1S1
Canada
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
There is an additional “leave to appeal” right under the Environmental Bill of Rights. This appeal must be commenced within 15 days of the notice of decision being posted on the Environmental Registry (ero.ontario.ca). For more information about this appeal method, refer to the Environmental Bill of Rights, 1993, or https://www.ontario.ca/page/environmental-bill-rights.
Include the following:
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
Alissa Moenting Edwards
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Original proposal
Proposal details
The application proposes a lot addition and an easement. The subject lands are north of Devon, Ontario, and southeast of the municipality of the Township of Chapleau. They are accessed by a driveway off Lodge Road, which is privately maintained year-round.
The proposed retained lands are 0.32 hectares with 132 metres of frontage on Borden Lake. Buildings and structures at the proposed retained lot include a seasonal residence and sauna from the 1960s, a well, a Bell box, and a septic field.
The proposed severed area from the retained lot to be added to the neighboring benefitting parcel is 0.01 hectares. The lot addition will correct an encroachment. A proposed 0.05-hectare easement over the retained lot in favour of the benefitting lot encompasses the shared driveway for both lots off of Lodge Road.
The proposed benefitting lot is 0.41 hectares with 77 metres of frontage on Borden Lake. It has a year-round dwelling, guest house, two garages, a lock stone driveway, a well, and a septic system.
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 online (below), by letter, or by phone to the contact person listed. Please submit your comment during the 30-day public consultation period.
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 specified person or any 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 Chapleau express on Thursday, October 31, 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.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comment
Commenting is now closed.
This consultation was open from October 30, 2024
to November 29, 2024
Connect with us
Contact
Alissa Moenting Edwards
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comments received
Through the registry
0By email
0By mail
0