David & Ingrid Graves - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

This Application 60-C-168206 for Consent was given conditional approval on February 7, 2019 and was amended on January 10, 2020.The last day to appeal this decision under the Planning Act is January 30, 2020.

An amendment to condition 4 b. was made to clarify that the applicants have the option of providing a letter from a commercial marina confirming boat and docking is available for the new lots.

All other conditions remain unchanged. The provisional Consent will now lapse one year from the date of this Notice. 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 January 30, 2020.

Other information

On February 7, 2019 approval granted for the creation of one (1) new resource-based recreational lot. Conditions were added. Applicants were given one (1) year to satisfy conditions otherwise approval will lapse.

Non-standard conditions include:

• That prior to final approval, this Ministry requires written confirmation from the Ministry of Natural Resources and Forestry (MNRF) indicating that they are satisfied with regards to the Environmental Impact Study prepared in March 2018 and no further assessment is required.
• Notifications in all Agreements of Purchase and Sale, or alternatively, an acknowledgement by the transferor and transferees if the transaction is between family members, on standard Ministry and partner Ministry guidelines and policies including shoreline management Best Practices, the disposal of waste at an approved waste disposal facility and the certification of sewage facilities by the Northwestern Health Unit or approved by the Ministry of the Environment, Conservation and Parks (MECP).
• That prior to final approval, a flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required on the severed and retained lands provided it does not already exist.
• That prior to final approval, the Ministry must receive written confirmation of: i) documents registered in the Land Registry Office showing easement for access purposes in perpetuity over PIN 42166-0868 for the severed lot and retained lot, and written confirmation indicating no concerns from the City of Kenora for the proposed use of PIN 42166-0868; or b) no concerns regarding mainland docking and parking services from a commercial marina facility or marinas for access purposes for the severed lot and retained lot.