J.F.T. Developments Ltd. and 2716906 Ontario Inc. - Approval for a consent (subject to conditions) in an area where there is no official plan in place

54-C-210389 was approved on July 23, 2021 with conditions. This approval will permit the creation of one new lot for seasonal residential/recreational use. The new lot would be approximately 1.26 hectares in size, 68 metres of frontage on Elk Lake, and would be accessed using Payne Road. On-site services (e.g., septic) would be used. The lot is currently vacant.

This application is related to application 54-C-217690 (ERO# 019-3634) which proposed to sever one new lot from the same subject property. The ERO notice for this related application is linked in this notice.

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, this decision will not have a significant impact on the environment.

The approval can be appealed 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 August 12, 2021.

The applicant has one (1) year to satisfy conditions, otherwise 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 (MMAH), to its satisfaction, addressing the use and potential development of the new lot, including:
   • the new lot can only be used for resource-based recreational uses and is not to be used for permanent residential or commercial use;
   • 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.
2. That prior to final approval an archaeological assessment of the subject property shall be undertaken by an archaeologist licensed under the Ontario Heritage Act, who will submit the report directly to the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI) for review as per the terms and conditions of their license. The proponent shall undertake to complete any recommendations of the assessment. Prior to final approval, MMAH must be advised in writing by MHSTCI that the assessment was accepted and that MHSTCI is satisfied no further assessment is required. See Note #5 for more information.
3. That prior to final approval the Criteria for Evaluating Potential for Built Heritage Resources and Cultural Heritage Landscapes checklist shall be completed for the subject property and submitted to MHSTCI ​for review. The proponent shall undertake to complete any recommendations of the checklist and any further studies indicated, to the satisfaction of MHSTCI’s Heritage Planning Unit. Prior to final approval, MMAH must be advised in writing by MHSTCI that there are no further concerns regarding built heritage resources or cultural heritage landscapes.
4. That prior to final approval, the ministry must be provided written confirmation from the Timiskaming Health Unit that the proposed lot has been inspected and is suitable for the installation of a subsurface sewage system and that any existing systems meet their requirements.
5. That prior to final approval, the ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed lot. 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 hauled sewage from the new lot.
6. That a notice be registered to the title of the lands which comprise part 2 and part 3 on Schedule A attached hereto and forming part of this decision. The notice shall include the two bullets listed below. Prior to final approval, the Ministry of Municipal Affairs and Housing is to be advised in writing by Ontario Northland that a satisfactory notice has been prepared. A legal undertaking from the person registering the documents shall also be provided agreeing to register the notice on title.
   • The Owner acknowledges that the subject property is located adjacent to or within 100m from a rail right-of-way owned by Ontario Northland Transportation Commission. There may be alterations to the rail facilities on such right-of-way in the future including the possibility that Ontario Northland may expand its operations. Notwithstanding the inclusion of any noise and vibration attenuating measures at the time of such expansion or alteration, Ontario Northland will not be responsible for any complaints or claims arising from operations on, over and under the rail right-of-way.
   • The Owner acknowledges that the rail right-of way is currently being used as a snowmobile trail which use may result in noise and emissions affecting the subject property. The Owner shall not be entitled to make any complaint and/or claim against Ontario Northland for nuisance or otherwise relating to the use of the rail right-of-way as a snowmobile trail.
7. That prior to final approval, the ministry must receive one of the following:
   • Proof that the subject property is free of easements (e.g., the hydro easement noted in the application, LT33036).
   • The applicant must demonstrate, to the satisfaction of the Ministry of Municipal Affairs and Housing, that the proposed lot could accommodate the proposed use (e.g., a suitable building envelope, septic system, well), when restrictions associated with any easements which are applicable to the subject property are taken into account.