This consultation was open from:
April 23, 2021
to May 23, 2021
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent was granted on July 15, 2021 in respect of Application 54-C-207686 to create an easement for the purposes of access across PIN 61266-0116 in favour of PIN 61266-0117, in Sharpe unincorporated township, Timiskaming District. The last day this decision can be appealed is August 4, 2021.
Location details
Site address
ON
Canada
Site location details
Lot 2, Concession 1 in Sharpe unincorporated township, District of Timiskaming. PIN 61266-0116 (location of proposed easement) and PIN 61266-0117.
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
J&J Properties Inc.
P.O. Box 640
Englehart ,
ON
P0J 1P0
Canada
Decision details
54-C-207686 was approved on July 15, 2021 with conditions. This application will create an easement approximately 20 metres by 30 metres in size on lands described as PIN 61266-0116, the easement would be in favor of PIN 61266-0117 (hereafter referred to as the benefitting lot). The easement will provide legal access to Sharpe 2 Concession for the benefitting lot, which currently has no frontage on the road but does have frontage on Long Lake. No new buildings, structures, or other development were proposed. The applicant indicated that the benefitting lot may be used as a trailer camping site.
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 4, 2021.
The applicant has 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 owner of the benefitting lands (PIN 61266-0117) shall enter into a Consent Agreement with the Ministry of Municipal Affairs and Housing, toPIN its satisfaction, addressing the use and potential development of the benefitting lot, including:
a) The benefitting lot can only be used for resource-based recreational uses and is not to be used for permanent residential uses;
b) No on-site well or septic system can be located anywhere on the benefitting lot, unless a hydrogeological assessment, to the satisfaction of the Ministry of the Environment, Conservation and Parks (MECP), demonstrates that site conditions are suitable for the long-term provision of on-site services with no negative impacts.
c) 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,
d) provisions relating to the enforcement of the Consent Agreement.
If prior to final approval a satisfactory hydrogeological assessment is provided; 4(b) will be excluded from the Consent Agreement.
Effects of consultation
No comments received.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
How to Appeal
This instrument decision can be appealed. You have 20 days from July 15, 2021 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.
There is an additional “leave to appeal” right under the Environmental Bill of Rights.
Who can appeal
A notice of appeal can be submitted by:
- individuals
- corporations
- public bodies
A notice of appeal can’t be submitted by:
- an unincorporated association
- an unincorporated group
You can, however, submit a notice of appeal as a member of the unincorporated association or group.
You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).
Notice of appeal
Your notice of appeal must include:
- the specific part, or parts of the official plan amendment that you wish to appeal
- the reasons for your appeal
- the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario
Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.
Mail your notice of appeal
Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.
Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3
J&J Properties Inc.
P.O. Box 640
Englehart ,
ON
P0J 1P0
Canada
Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Michelle Lawrence
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Original proposal
Proposal details
Application 54-C-207686 proposes to create an easement to provide access over lands described as PIN 61266-0116 (servient lands) to a lot described as PIN 61266-0117 (dominant lands). The servient lands are accessed via Sharpe Concession 2, which the applicant has indicated is maintained year-round. The dominant lands are currently landlocked, but have frontage on Long Lake. The easement would serve to provide access to Sharpe Concession 2 for the dominant lands.
The proposed easement would be approximately 20 metres by 30 metres and is vacant. The dominant lands are currently vacant, no new buildings or structures are currently proposed. The applicant indicated that the dominant lot would possibly be used as a trailer camping site.
The application will be reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). Public comments received or concerns identified will be considered in the review to determine whether the application is consistent with the Provincial Policy Statement and whether it would have any significant impact on the environment.
If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-3558.
Your personal information may be used in the decision-making process on this proposal and it may be used to contact you if clarification of your comment is required. It may be shared (along with your comment) with other Ontario ministries for use in the decision-making process. Questions about this collection should be directed to the contact listed.
If a person or public body that wishes to file an appeal in respect of the proposed consent does not submit written comments to the Minister before the Minister gives or refuses to give a provisional consent (e.g., during the public consultation period), the Local Planning Appeal Tribunal may dismiss the appeal. Appeal of a decision of the Minister in respect of this consent may be made by any person or public body not later than 20 days after notice of the decision is given. If you wish to be notified of the decision of the Minister in respect of the proposed consent, you must make a written request to the Minister at the contact address.
As required under the Planning Act, a public notice will be published in The New Liskeard Temiskaming Speaker Weekender on April 30, 2021.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comment
Commenting is now closed.
This consultation was open from April 23, 2021
to May 23, 2021
Connect with us
Contact
Michelle Lawrence
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comments received
Through the registry
0By email
0By mail
0