Brian Ross Siegfried - 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
019-5020
Ministry reference number
58-C-201476
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
February 9, 2022 - March 11, 2022 (30 days) Closed
Last updated

This consultation was open from:
February 9, 2022
to March 11, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on May 3, 2022 in respect of Application 58-C-201476 for the creation of one of two new lots for recreational use on lands described as PIN 62492-0254, Unincorporated Township of Sibley, District of Thunder Bay. The last day this decision can be appealed is May 23, 2022.

Location details

Site location details

The subject land is described as PIN 62492-0254, Parts 4, 5 & 6 of 55R-5162, locally known as 707 Camp Bay Road in Silver Islet, in the Unincorporated Township of Sibley, approximately 85 kilometres east of the City of Thunder Bay, in the District of Thunder Bay and abuts the Sleeping Giant Provincial Park.

Site location map

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

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Proponent(s)

Brian Ross Siegfried
442 Chelsea Crescent
Thunder Bay, ON
P7B 5P2
Canada

Decision details

The application for consent 58-C-201476 was draft approved on May 3, 2022 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). One public comment was received and concerns regarding the private road access was addressed.

The application shows that the proposed new lots are adjacent the Sleeping Giant Provincial Park. The Ministry of Northern Development and Mines, Natural Resources and Forestry (MNRF) database showed that this area has significant wildlife habitat (SWH) for many different types of flora and fauna based on the observations and occurrences in the area. Conservation species that have been reported in the vicinity are located within or immediately adjacent to the subject lands. For this reason, a Natural Heritage Site Assessment was requested during the early consultation phase of the file.

An unevaluated wetland was also identified by MNRF on the east side of Part 5, proposed to be severed lot. An Ontario Wetland Evaluation System (OWES) was also requested during the review of the pre-consultation draft application.

The proponent will be required to demonstrate through studies that 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 protect archaeological resources or areas of archaeological potential, a Stage 2 archaeological assessment by a licensed archaeologist must be prepared and submitted to the Ministry of Heritage, Sport, Tourism, Culture and Industries.

To ensure development or site alterations will not negatively impact the natural features or their ecological functions, a Natural Heritage Site Assessment for the entire subject property plus an outward extension of 120m beyond the property boundary shall be submitted and reviewed by MNRF.

To ensure development or site alterations will not negatively impact the natural features or their ecological functions, the wetland on the east site of Part 5, as shown in the attached Appendix A to the decision, has been evaluated by a person certified under the Ontario Wetland Evaluation System (OWES).

To protect the landowners and their property from wildland fire which is considered to be at a high risk, Wildland Fire Assessment that includes mitigation techniques proposed in accordance with the Wildland Fire Risk Assessment and Mitigation Reference Manual and to MNRF's satisfaction, will be required.

To protect human health and the environment: a letter from a sewage disposal facility confirming that the approved sewage disposal facility has sufficient reserve capacity to accept hauled sewage from the new lot; a letter from a waste disposal facility where garbage disposal will be hauled and deposited for the long term; and proof of water quality and quantity will be required.

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

The decision to approve the consent is consistent with the Provincial Policy Statement once conditions are met. Studies will be required to demonstrate that the proposed development will not have a significant impact on the environment.

The applicant has two years 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 May 23, 2022.

Comments received

Through the registry

0

By email

2

By mail

0
View comments submitted through the registry

Effects of consultation

One request was made for additional information; and the second email mostly related to the ownership of the access road. It was shared that an easement was in place for all users of that road, and therefore the issue was resolved resulting in no impact on the decision on whether or not to proceed with this proposal.

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 (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from May 3, 2022 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
Victoria Kosny
Manager

Municipal Services Office North (Thunder Bay)
435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

807-473-3025

Proponent(s)

Brian Ross Siegfried
442 Chelsea Crescent
Thunder Bay, ON
P7B 5P2
Canada


Appellate body

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


Include the following:

ERO number
019-5020
Ministry reference number
58-C-201476

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
019-5020
Ministry reference number
58-C-201476
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

February 9, 2022 - March 11, 2022 (30 days)

Proposal details

The purpose of the applications for consent is to sever PIN 62492-0254 into a total of three (3) lots for resource-based recreational purposes. The first proposed severed lot described under this application would be approximately 1.31 hectares in size, is currently vacant, and is proposed to be serviced by lake water from Lake Superior and an individual sewage system. The proposed retained lot would be approximately 0.73 hectares in size and it contains a cottage currently serviced by a holding tank and water from Lake Superior.

The property has frontage along the road allowance from Registered Plan 431. The road is locally known as Camp Bay Road (and as Road 700) and is used and maintained by the property owners.

A second application is described under Application 58-C-218616, ERO number 019-5021.

Other Information

During the public consultation period, the government contact may also be reached at 1-807-630-3486 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

Pursuant to the Planning Act requirements, a public notice will be published in a local paper.

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 (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from February 9, 2022
to March 11, 2022

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