Beaver Creek Land and Cattle Company Ltd. - Approval for a consent (subject to conditions) in an area where there is no official plan in place

54-C-211496 was approved on October 28, 2021 with conditions. The application will sever an irregular lot approximately 59.72 hectares in size with frontage on Margueratt Road and Marshall Road for agricultural use. The retained lot would be rectangular and approximately 3.25 hectares in size with frontage on Margueratt Road. The retained lot currently contains an existing dwelling, two sheds, and a garage, is serviced by on-site well and septic, and is accessed via an existing driveway from Margueratt Road. The lot would continue to be used for residential use.

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.

No concerns related to fish or wildlife habitat, water quality or quantity, species at risk, or protected areas were identified in relation to this application. The severed parcel was previously farmed and no new buildings or structures are proposed for either the severed or retained lot.

In recognition of the Blanche River Conservation Reserve, which is 1 kilometre downstream from the subject property, best practices for land uses adjacent to Graham’s Creek were provided to the property owners.

To ensure the use of the new lot is consistent with the permitted “sustainable management of resources” in unincorporated areas, “Condition 4”, listed below, will require an agreement on title that limits the new lot to agricultural uses only and prohibits permanent residential or recreational residential uses.

The decision to approve the consent is consistent with the Provincial Policy Statement, this decision will not have an 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 November 17, 2021.

The applicants have one (1) year to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

4. 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 agricultural uses and is not to be used for permanent residential and/or recreational 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.

5. That prior to final approval, the ministry must be advised in writing by the Timiskaming Health Unit that the retained lands have been inspected and that the existing sewage system meets their requirements.