Patrick & Lisa Boote - 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
019-8195
Ministry reference number
58-C-231862
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
January 31, 2024 - March 1, 2024 (30 days) Closed
Last updated

This consultation was open from:
January 31, 2024
to March 1, 2024

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on August 16, 2024 in respect of Application 58-C-231862 for one (1) new lot on lands described as PINs 62315-0041 and 62315-0042 on Shebandowan Lake, District of Thunder Bay. The last day this decision can be appealed is September 5, 2024.

Location details

Site location details

The subject lands are located on Lower Shebandowan Lake, accessed by Barred Owl Road via Ontario Highway 11, approximately 70 kilometers northwest of the City of Thunder Bay municipal boundary.

Site location map

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

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Proponent(s)

Patrick & Lisa Boote
PO Box 22
Shebandowan, ON
P0T 2T0
Canada

Decision details

The application for consent 58-C-231862 was draft approved on August 16, 2024 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 regarding the proposed access to the new lot and access to existing neighbouring properties.

Conditions include adequate capacity for hauled sewage confirmation, confirmation from the Thunder Bay District Health Unit regarding septic system, and a consent agreement regarding resource-based recreational use.

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 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 September 5, 2024. 

Comments received

Through the registry

1

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

One comment was received by a nearby landowner regarding the shared access to their property. The commenter hoped that the road could be added to the Local Roads Board, but that request is not within the scope of this application as the entrance to the road is on Crown Land. This issue cannot be addressed via conditions of consent approval. 

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 August 16, 2024 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


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)

Patrick & Lisa Boote
PO Box 22
Shebandowan, ON
P0T 2T0
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-8195
Ministry reference number
58-C-231862

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
019-8195
Ministry reference number
58-C-231862
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

January 31, 2024 - March 1, 2024 (30 days)

Proposal details

The purpose of this formal application is for the creation of one (1) new lot for resource-based recreational use by severing PINs 62315-0041 and 62315-0042.

The proposed new lot would be ~ 1.00 hectare in size and have a lakeside frontage of ~ 36 meters and a depth of ~ 177 meters. The proposed new lot is currently vacant land without servicing.

The proposed retained lot would be ~ 4.5 hectares with a lakeside frontage of ~ 98 meters and a depth of ~ 213 meters. The retained lands currently have a dwelling, garage, and guest house and is serviced by septic system and well.

Other Information

During the public consultation period, the government contact may also be reached at 1-807-630-8442 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

Pursuant to 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 January 31, 2024
to March 1, 2024

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