David and Susan Preston, Terry and Judy Northern - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

Application 57-C-173176 was approved on August 19, 2019 with conditions. The two existing seasonal recreational cottages will be divided up among the current owners. There are no new buildings, services, or other developments planned.

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Local Planning Appeal Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before September 8, 2019.

David and Susan Preston, Terry and Judy Northern have one (1) year to satisfy conditions, otherwise approval will lapse.

Conditions include:

• That this approval applies to permit the creation of a new lot in the unincorporated township of Galbraith, District of Algoma on lands described as Broken Lot 6, Concession 4 (PIN 31387-0075; 62 hectares) to separate two existing seasonal recreational cottages that would have 35 and 27 hectares, respectively. This approval also applies to the creation of an easement for the benefit of the retained lands.
• That the following documents be provided for the transaction described in Condition 1:
• A copy of the application to transfer documents;
  • A schedule to application to transfer on which is set out the entire legal description of the parcel(s) in question. The Schedule will include provisions related to an easement in favour of the retained lands corresponding to the existing access road. The Schedule must also contain the names of the parties indicated on application to transfer; and
  • A reference plan of survey, which bears the Land Registry Office registration number and signature as evidence of its deposit therein, illustrating the parcel(s) and easement to which this consent approval relates.
• 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 new 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.
• That this Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively an acknowledgement by the transferor and transferees, contains the following clauses:
  • Water from open waterbodies should not be used as a source of potable water unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in Ontario Regulation 169/03 of the Safe Drinking Water Act.
  • Should a well be considered for a drinking water source in the future, it must be constructed in accordance with Ontario Regulation 903 (Wells) of the Water Resources Act. However, no assessment has been undertaken for groundwater quality or quantity, so the site may not be adequate to support the use of individual private wells.
  • The Algoma District Health Unit has evaluated the severed or retained lots and has indicated they have no objections to the current sewage disposal sites comprised of a privy and a composting toilet. Should owners wish to upgrade sewage systems in the future, the Algoma District Health Unit indicated that up to 1.5 metres of suitable fill would be required. Small private sewage disposal facilities that have a daily sewage flow of 10,000 litres or less per day must be certified by the Algoma District Health Unit. The Health Unit should be contacted for information on the proper installation and operation of any new septic systems (Class I or IV). Documentation of sufficient reserve sewage system capacity for hauled sewage at a septage facility holding an Environmental Compliance Approval would be required.
    • All domestic waste produced on lots must be appropriately handled and disposed of at an approved waste disposal facility.
    • Best management practices to prevent localized increase in phosphorous, algae, and weeds along the shoreline and to protect local water quality by minimizing stormwater volumes and contaminant loads include the following:
      • Avoid developing next to the shoreline for a minimum of 30 metres and maintain vegetation buffers along the shore and around the property
      • Use grassed swales and/or vegetated filter strips on lots that require ditching to control runoff
      • Avoid fertilizers
      • Direct roof leaders to rear yard ponding areas, soakaway pits, or rain barrels
      • Direct sump pump foundation drains to rear ponding areas and infiltration trenches
      • Mitigate runoff and erosion from construction projects, reduce lot grading, and limit the creation of impervious surfaces
      • Minimize overall water use
      • Avoid septic starters, and pump out septic tanks every 3-5 years, if applicable