Consent to sever lakefront property denied because the lake had no remaining development capacity for phosphorus.
The appellant appealed the Ministry of Municipal Affairs and Housing's refusal to grant provisional consent to sever a property on Two Island Lake to create a new lot for a recreational dwelling.
The Ministry refused the application because the lake was nearing or at capacity for phosphorus loading, and the appellant had not provided a required Lakeshore Capacity Assessment.
The Tribunal dismissed the appeal, finding that the appellant's hydrogeological and lake capacity evidence was critically flawed.
The Tribunal preferred the Ministry's evidence that the lake has no remaining development capacity and that the proposed severance would not be consistent with the Provincial Policy Statement regarding the protection of vulnerable surface water and the avoidance of negative impacts from on-site sewage systems.
OLTOntario Land TribunalMay 10, 2023
