This consultation was open from:
July 28, 2023
to August 27, 2023
Decision summary
Pursuant to Section 53 of the Planning Act, the Minister of Municipal Affairs and Housing gave provisional consent to Application number 54-C-226012 in respect to land in Cane Unincorporated Township on October 04, 2023, subject to conditions. The last day this decision can be appealed is October 24, 2023.
Location details
Site address
Lot 6 Concession 4
Cane Unincorporated Township,
ON
Canada
Site location details
Lot 6 Concession 4, Cane Unincorporated Township, Timiskaming District PIN 61316-0180
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)
Scott and Carrie Desmit
Lot 6, Concession 4
Kenabeek,
ON
P0J 1M0
Canada
Decision details
Application 54-C-226012 was approve on October 04, 2023, with conditions. This approval will allow the transfer of a lot approximately 1.70 hectares in size, with 188 metres of frontage on Highway 65, from PIN 61316-0180 for continued residential purposes. The severed lot contains a house, and barn and is serviced by individual on-site water and sewage services. The retained lot is approximately 30.30 hectares in size, with 212 metres of frontage on Highway 65. The land continues to be used for agricultural purposes. No new buildings or structures are proposed as a result of these applications.
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 and will not have a significant impact on the environment.
The approval can be appealed by a specified person or public body, as defined in s. 1(1) of the Planning Act, 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 24, 2023.
The applicant has two (2) years to satisfy conditions, otherwise the approval will lapse. Non-standard conditions include:
1. 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, for each of the severed and retained lots, addressing their use and potential development, including:
a. the new lot can only be used for the existing residential use, and no additional units are permitted to be established on the lot.
b. the retained lot can only be used for agricultural uses and is not to be used for permanent residential uses, and no new residential units are permitted to be established on the lot.
c. 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,
d. provisions relating to the enforcement of the Consent Agreement.
Effects of consultation
No comments were received as a result of the public notice.
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 4, 2023 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
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
Scott and Carrie Desmit
Lot 6, Concession 4
Kenabeek,
ON
P0J 1M0
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
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
Zeinab Seifpour
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Original proposal
Proposal details
The application 54-C-226012 would sever a lot approximately 1.70 hectares in size, with 188 metres of frontage on Highway 65, for continued residential purposes. The proposed lot contains a house, and barn and is serviced by individual on-site water and sewage services.
The proposed retained lot would be approximately 30.30 hectares in size, with approximately 212 metres of frontage on Highway 65. The lands would continue to be used for agricultural purposes. No new buildings or structures are proposed as a result of this application.
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 019-6609.
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 was published in the New Liskeard Temiskaming Speaker Weekender on Friday, July 21, 2023 in English and French.
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 July 28, 2023
to August 27, 2023
Connect with us
Contact
Zeinab Seifpour
159 Cedar Street
Suite 401
Sudbury,
ON
P3E 6A5
Canada
Comments received
Through the registry
0By email
0By mail
0