Jerome James and Janice Louise Drahos - 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
019-5137
Ministry reference number
60-C-213626
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
March 3, 2022 - April 2, 2022 (30 days) Closed
Last updated

This consultation was open from:
March 3, 2022
to April 2, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on July 22, 2022 in respect of Application 60-C-213626 for the creation of an easement on the land described as PIN;42058-0006, in the Unincorporated Township of Rugby, District of Kenora. The last day this decision can be appealed is August 11, 2022.

Location details

Site location details

The lands are described as PIN 42158-0006, Parcel 5104, N Part Broken Lot 2, Concession 3 in the Unincorporated Township of Rugby, in the District of Kenora.

Site location map

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

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Proponent(s)

Jerome James and Janice Louise Drahos
W3840 Leaf Road
Glen Flora, WI
54526
United States

Decision details

The application for consent for 60-C-213626 was draft approved on July 22, 2022 subject to conditions.

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement. The easements (one of two) will provide road access to cottage lots on Rugby Lake. The road will be constructed over an existing trail to ensure no disturbance to the environment is made. No public comment were received during the consultation period, and standard conditions were added to address the registration of the easements.

Conditions include a requirement that the easement / road be surveyed and registered and shown on the title of the subject property, PIN 42158-0006, in favour of the properties described as PINs 42058-0067, 42058-0066, 42058-0065, 42058-0014 and 42058-0103.

The applicants have 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 August 11, 2022.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received 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 July 22, 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)

Jerome James and Janice Louise Drahos
W3840 Leaf Road
Glen Flora, WI
54526
United States


Appellate body

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


Include the following:

ERO number
019-5137
Ministry reference number
60-C-213626

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
019-5137
Ministry reference number
60-C-213626
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

March 3, 2022 - April 2, 2022 (30 days)

Proposal details

Two easements are proposed for access purposes for the benefit of six (6) cottage owners on the south west shore of Rugby Lake. No water access is available as there is no public landing to the lake.

The first easement is described under Application 60-C-213865, ERO 019-5136.

The second easement under Application 60-C-213626, is to continue the easement for another 500 metres to Rugby Lake Road 1 where the second private road /easement is located over PIN 42058-0006 which runs east to west. The private road known as Rugby Lake Road 1 is an existing private road, approximately 8 metres wide by 700 metres long. It will connect to another private road (north/south) with easement agreements in place that access two other properties to the north.

The new proposed easements will be maintained by the current landowners committee who use the roads. The subject lands are located approximately 14.7 km north west of the City of Dryden.

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 March 3, 2022
to April 2, 2022

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