This consultation was open from:
August 19, 2022
to September 18, 2022
Decision summary
Pursuant to Section 53 of the Planning Act, provisional consent was granted on October 7, 2022 in respect of Application 52-C-207616 to sever two existing recreational dwellings for seasonal recreational purposes, in Cascaden unincorporated township, District of Sudbury. The last day this decision can be appealed is October 27, 2022.
Location details
Site address
ON
Canada
Site location details
The subject property is an island in Ministic Lake described as PIN 73355-0122, in the unincorporated township of Cascaden, District of Sudbury.
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)
Kimberly Kruitz and Kenneth Benard
51 Erickson Drive
Whitby,
ON
L1N 8Z3
Canada
Decision details
52-C-207616 was approved on October 7, 2022 with conditions. This approval would permit the severance of two existing recreational dwellings and accessory structures on an island property in Ministic Lake described as 73355-0122. The severed lot would be approximately 1.2 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 395 metres of frontage on Ministic Lake and be 40 metres deep. The lot contains a cottage (1962), sauna (2010), two sheds (1998, 2020), a boat house (1999) and an outhouse (1985).
The proposed retained lot would be approximately 1.3 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 263 metres of frontage on Ministic Lake and be 54 metres deep. The lot contains a cottage (1972), sauna (1988), sleep camp (2010), shed (2008), and out house (1999).
The lands are water access only. The proposed severed and retained lots are accessed using a public boat launch on Otter Lake, and/or from a rented dock on Otter Lake along Ministic Lake Road (Chicago Mine Road).
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 through the ERO notice process. Public comments received through Planning Act notice in the newspaper together with partner ministry comments and comments from local agencies contributed to conditions related to land use compatibility and access, these considerations are described in the attached notice of decision. 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 27th, 2022.
The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.
Non-standard conditions include:
- That prior to final approval, the ministry must be provided written confirmation from the Sudbury District Health Unit that the retained and severed lands have been inspected and are suitable for the installation of a subsurface sewage system and that any existing systems meet their requirements.
- That prior to final approval, the ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed lot. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept hauled sewage from the new lot.
The last day this decision can be appealed is October 27, 2022.
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 October 7, 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
Kimberly Kruitz and Kenneth Benard
51 Erickson Drive
Whitby,
ON
L1N 8Z3
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
Jameson Pearson
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Original proposal
Proposal details
The application proposed to sever a lot in the unincorporated township of Cascaden, District of Sudbury. The subject property is an island in Ministic Lake described as Kimberly Kruitz and Kenneth Benard 73355-0122. The severed lot would be approximately 1.2 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 395 metres of frontage on Ministic Lake and be 40 metres deep. The lot contains a cottage (1962), sauna (2010), two sheds (1998, 2020), a boat house (1999) and an outhouse (1985).
The proposed retained lot would be approximately 1.3 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 263 metres of frontage on Ministic Lake and be 54 metres deep. The lot contains a cottage (1972), sauna (1988), sleep camp (2010), shed (2008), and out house (1999).
The lands are water access only. The proposed severed and retained lots are accessed using a public boat launch on Otter Lake, and/or from a rented dock on Otter Lake along Ministic Lake Road (Chicago Mine Road).
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 019-5866.
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.
As required under the Planning Act, a public notice will be published in the Sudbury Star on August 18, 2022 and the Sudbury Le Voyageur August 17, 2022.
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 August 19, 2022
to September 18, 2022
Connect with us
Contact
Jameson Pearson
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comments received
Through the registry
0By email
0By mail
0