Emerald Island is located south of Newboro in a cluster of islands near the Rocky Channel. The applicants proposed to split an island property into two separate lots intended for freehold ownership. The undivided lot was owned by two siblings, and the resulting two parcels of land would each be separately owned by one of the siblings.
The proposed lots are 7.7-acres with 800 feet of frontage on Newboro Lake, and 5.56-acres with 450 feet of frontage on the lake. Both plots of lands are intended to be used for recreational residential purposes, which is supported by the Zoning By-law. Additionally, both lots meet the required minimum frontage and lot size.
In the process of reviewing the severance application, the Township informed us that the application was placed on hold because it did not comply with the following provision in the Official Plan:
Policy 5.2.3 (7): "A consent for the purpose of creating a lot on an island or on waterfront land without road access may be considered where deeded parking and water access is provided on another parcel of land that is suitable by virtue of its location, access and other relevant considerations."
However, due to a previous Ontario Municipal Board decision, the proposed application is deemed to conform with the provision. The decision clearly stated that so long as there are deeded boat launching facilities for public use on the waterway, they do not have to be deeded to the applicant.
The application was granted by the Consent Granting Authority of Leeds and Grenville as the division of land was compatible with the intent and purpose of the Official Plan and meets the criteria on the Planning Act.