GORE BAY—A date has been set for an Assiginack resident’s appeal to the Ontario Land Tribunal on a decision made by the Manitoulin Planning Board (MPB) in regard to an application for the creation of a new lot.
As was reported last fall, Dene Banger appealed a decision made by the MPB for a severance of property for the creation of a new lot, as the property is within a designated (non-operating) aggregate site. Mr. Banger says the provincial policy statement does not support sensitive uses like the development of a new lot within an aggregate resource area.
“The applicant wanted to proceed with the application and I put it forward in front of the planning board, who refused the application. Mr. Banger appealed the decision in August,” said Theresa Carlisle, secretary-treasurer of the MPB at a meeting last week.
“A one-day video conference hearing has been scheduled for February 23 at 1 pm.” said Ms. Carlisle, who pointed out she would be representing the MPB at the hearing, which is open to the public.
The application made under section 53(1) of the Planning Act was to provide for the creation of a new lot on Bidwell Road, a maintained township road. The proposed new lot land has been designated rural area and zoned agricultural. However, there is a licenced aggregate site located to the southwest within lot 1.
In a letter from MPB to Mr. Banger previously it was explained, “In review of your application for consent to sever, there is a licenced aggregate resource site identified to the south of the subject land, on the south side of Bidwell Road. As per the Ministry of the Environment (now the Ministry of the Environment, Conservation and Parks (MECP), the D-series guidelines require a minimum setback of 300 metres from the aggregate site for a new residential (sensitive) use.”
“The subject land is entirely within the 300 metres buffer,” the MPB letter noted. “Policies of our Official Plan for the District of Manitoulin and the Provincial Policy Statement 2020 do not support new sensitive uses within an aggregate resource area. If the licence is rescinded, or if a report can be obtained supporting the new residential use, there may be a possibility to proceed with an application to sever.”
Lee Hayden, MPB chair had noted previously the quarry is the question. “Under the act the MPB is not supposed to approve this as is.”
Board member Rob Brown indicated the aggregate licence is provincial, and he suggested Mr. Banger should take his issue to the province to voice his concerns with the policy.
Mr. Banger said at the MPB meeting last fall, “there are 68 current aggregate licences on Manitoulin Island,” said Mr. Banger. “How many are not being operated and not being developed on?”
“I will be appealing the decision, it probably won’t do any good, but I am looking for answers,” Mr. Banger told the board.
