Garry and Margaret Whitta - Approval for a consent (subject to conditions) in an area where there is no official plan in place

The application for consent 60-C-216411 was draft approved on October 26, 2021 subject to conditions.

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, no water quality or quantity, species at risk, or protected areas were identified in relation to this application. Given the small scale of this proposal and the absence of natural heritage features in the area, there will be no negative impacts to greenspace, natural heritage and water quality and quantity, nor public health and safety.

The following conditions were added:

To ensure the use of the new lot is consistent with the permitted “sustainable management of resources” in unincorporated areas, an agreement registered on title that limits the new lot to recreational uses only and prohibits permanent residential uses.

To guarantee a safe and legal access to the new property, a requirement for: 1) easement applications to the Ministry from the private property owners; or 2) updated access agreements registered on Title; or 3) a letter from the Storm Bay Local Roads Board indicating that the private road (Whitta Road) has been included into the Local Roads Board system.

To protect the landowners and their property from flooding, a flowage easement registered on Title to elevation 324.6 metres with the Lake of the Woods Control Board is required.

To protect human health and the environment, a letter from a sewage hauler confirming that the approved sewage disposal facility has sufficient reserve capacity to accept hauled sewage from the new lot.

To prevent negative impacts to shorelines, the environment, human health and species at risk, best management practices for development were shared with the owners.

The decision to approve the consent is consistent with the Provincial Policy Statement once conditions are met. This decision will not have a significant impact on the environment.

The applicants have one year to satisfy conditions of draft approval, otherwise approval will lapse. 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 15, 2021.