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

Instrument type: Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-3953
Ministry reference number
54-C-216436
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
July 8, 2021 - August 7, 2021 (30 days) Closed
Last updated

This consultation was open from:
July 8, 2021
to August 7, 2021

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on September 14, 2021 to Application 54-C-216436 to sever a surplus dwelling from lands which will continue to be used for agriculture. The lands are in Ingram unincorporated township, District of Timiskaming. The last day this decision can be appealed is October 4, 2021.

Location details

Site address

284151 Elliott Road, Ingram unincorporated township
ON
Canada

Site location details

PIN 61273-0040, part of Lot 5, Concession 5, 284151 Elliott Road, Ingram unincorporated township, Timiskaming District

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

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Proponent(s)

Temwest Farms
999377 Highway 11
PO Box 1565
New Liskeard, ON
P0J 1P0
Canada

Decision details

54-C-216436 was approved on September 14, 2021 with conditions. The application will sever a rectangular lot approximately 1.42 hectares in size with frontage on Elliott Road and Allen Road from PIN 61273-0040. The lot contains an existing dwelling and two sheds, is serviced by on-site well and septic, and is accessed via an existing driveway from Elliott Road. The lot would continue to be used for residential use. An irregularly shaped lot approximately 30.11 hectares in size will be retained. The retained lot is currently vacant, would be accessed via existing driveways on Allen Road and Elliott Road, and would be used for agricultural use only. No new buildings or structures are proposed.

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 October 4, 2021.

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 retained lot, including:
    1. The retained lot can only be used for agricultural uses and is not to be used for residential uses and/or recreational 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.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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.

Municipal Services Office North (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from September 14, 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


Issuing authority
Megan Grant
Team Lead

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St
Sudbury, ON
P3E 6A5
Canada

705-564-0120

Proponent(s)

Temwest Farms
999377 Highway 11
PO Box 1565
New Liskeard, ON
P0J 1P0
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
019-3953
Ministry reference number
54-C-216436

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.

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Original proposal

ERO number
019-3953
Ministry reference number
54-C-216436
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

July 8, 2021 - August 7, 2021 (30 days)

Proposal details

Application number 54-C-216436 proposes to sever a rectangular lot approximately 1.42 hectares in size with 252 metres of frontage on Elliott Road and 56 metres of frontage on Allen Road from PIN 61273-0040 (locally described as 284151 Elliott Road). The lot currently contains an existing dwelling and two sheds, is serviced by on-site well and septic, and is accessed via an existing driveway from Elliott Road. The lot would continue to be used for residential use. An irregular shaped lot approximately 30.11 hectares in size will be retained. The retained lot is currently vacant, would be accessed via existing driveways on Allen Road and Elliott Road, and would be used for agricultural use only. No new buildings or structures are proposed.

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 019-3953.

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 Ontario Land 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 on Friday July 9.

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.

Municipal Services Office North (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from July 8, 2021
to August 7, 2021

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