Windeau Investments - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Decision on instrument

This application 59-C-195806 was approved on January 21, 2020 and was amended on April 26, 2021. The last day to appeal this decision under the Planning Act is May 17, 2021.

A new condition was added for the applicants to develop and comply with an Effectiveness Monitoring and Contingency Plan, to the Ministry of Natural Resources and Forestry’s (MNRF) satisfaction, for the rare aquatic plants that were transplanted; and, to monitor and document the sand spit for erosion for 3 to 5 years post construction.

All other conditions as noted below remain unchanged. The provisional Consent will now lapse April 26, 2022. 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 May 17, 2021.

Application 59-C-195806 was approved subject to the following conditions:

1. A Consent Agreement with (MNRF) to its satisfaction addressing the use and potential development of the lots;

2. Confirmation from (MNRF) of the following:

A Public Lands Act (PLA) Work Permits for the construction of roads and a water crossing has been issued; A PLA O. Reg. 161/17 Agreement for the bridge liability, maintenance, and monitoring has been issued; Confirmation from Hydro One that the road on Crown land can cross the Hydro One Land Use Permit (LUP); An (MNRF) Class Environmental Assessment for Resource Stewardship and Facility Development (disposition) Projects has been completed, which may include further studies/surveys in order to properly evaluate the project; and Indigenous consultation requirements have been met.

3. That (MNRF) are satisfied with the EIS for the natural heritage features, and any proposed mitigations and recommendations;

4. That a permit has been obtained by (MTO) for the construction of the road and bridge per PTHIA;

5. Written confirmation is received from the holder of ECA for an approved septage disposal facility confirming that the disposal facility has sufficient reserve capacity to accept hauled sewage from the lots.

6. Confirmation is received from MECP that that plans which indicate existing and proposed best management practices to improve and maintain local water quality have been provided and accepted.

7. The Ministry is satisfied that Indigenous rights and interests have been addressed to their satisfaction.

8. The applicant shall provide an undertaking to comply with all the recommended actions as proposed in the Environmental Impact Statement and as approved by (MNRF) and MECP.

9. Acknowledgements are signed by transferor and transferees for, among others, that the use of best management practices for development on shorelines is used; and mitigation measures and best management practices implemented for Species at Risk.

10.Written confirmation of approval (if required) is received under the Navigable Waters Protection Program.

11. Written confirmation of permits issued for projects in and around water involving fish habitat is received by (DFO) if required.

Other information

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 May 17, 2021.