Denis and Mary Lemelin - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Application 56-C-233031 was approved on May 09, 2024, with conditions. This approval will allow the transfer of approximately 11.7 hectares of vacant land with approximately 1240 metres of frontage on the Abitibi River for resource-based recreational purposes. The related application 56-C-235699 proposes one new lot approximately 20.8 hectares with approximately 1760 metres of frontage on the Abitibi River, for resource-based recreational uses.

The retained lot would be roughly rectangular, approximately 32 hectares in size, with water frontage of approximately 610 metres on the Abitibi River. The proposed retained lot is predominantly wooded, including a recreational dwelling and accessory buildings and structures. The lands are accessible only by water. 

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 May 29, 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, for each of the severed and retained lots, addressing their use and potential development, including:
a.    the new lots 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.

b.    the retained 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.

c.    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,

d.    provisions relating to the enforcement of the Consent Agreement.

2.    That prior to final approval, the Ministry must be advised by the porcupine Health Unit that the retained and the severed lands have been inspected and are suitable for the installation of a subsurface sewage system or that the existing systems meet their requirements.

3.    That prior to final approval, the Ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed new lots. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept any additional hauled sewage from this lot.

4.    That prior to final approval, the Ministry must be advised by the MCM that the applicant has completed the checklist for “Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes” along with photographs of any existing structures, and they have determined that a cultural heritage evaluation report and/or a heritage impact assessment is not required.

5.    That prior to final approval, the Ministry must be provided written confirmation letter from a waste disposal site confirming that it is licensed to accept solid waste and willing to accept the solid waste from each of the proposed lots. 

6.    That prior to final approval, the Ministry must be provided a letter from the owner of the Twin Falls Marina, or another private facility on the subject waterway, indicating that the facility has the capacity to provide docking and parking for the proposed severed lots.