Ken Davies, Terry Davies, and Todd Davies - Approval for a consent (subject to conditions) in an area where there is no official plan in place

48-C-180256 was approved on November 17, 2020 with conditions. One new lot will be created, the lot will be approximately 0.805 hectares in size, have 52.6 metres of frontage on Talon Lake and will be approximately 182.6 metres deep. The new lot contains an existing seasonal dwelling (1969) and a septic system. The retained lot will be approximately 0.805 hectares in size, have 38.84 metres of frontage on Talon Lake and will be 176.4 metres deep. The retained lot contains an existing seasonal dwelling (1947), a shed, a drilled well, and a septic system. No new construction or site alteration is planned.

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 have no significant impact on the environment.

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 December 7, 2020.

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

Non-standard conditions include:

• 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 and retained lot, including:
  1. 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;
  2. 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,
  3. provisions relating to the enforcement of the Consent Agreement.

• That prior to final approval, the applicant demonstrates the availability of long-term access to the severed and retained lots by meeting one of the following conditions:
  1. Obtain provisional consent for creation of an easement under section 53 of the Planning Act which would grant access to the severed and retained lands from the private parking location on Canoe Bay Road noted in this application. Should an application for the above-noted easement be granted provisional consent, the ministry must receive documentation to its satisfaction which would guarantee that the easement be registered at the time of final approval for this provisional consent.
  2. Submit written confirmation to the satisfaction of the ministry which demonstrates that long-term access (adequate parking, boat launch facilities) would be available to serve the lots. This confirmation may come in the form of a letter from the owner of a commercial establishment or public launch indicating that adequate parking and docking facilities would be available for the severed and retained lots.