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Reported CasesAreas of Law considered in this case: - Planning Act - Severance consent - Ontario Municipal Board Practice - Administrative Law Re Section 52(12) of the Planning Act, 1983, and Richard Olson, Ontario Municipal Board Decision M870015 This was a part lot severance application of some very desirable cottage lakefront land on Big Basswood Lake. Mr. Olson, who owned approximately thirty acres, had requested the Ontario Municipal Board's permission to create three lakefront cottage lots and transfer these to each of his three sons. I represented the Ministry of Natural Resources and the Ministry of Municipal Affairs. There was a significant lake trout fishery on Big Basswood Lake. The District's Land Use Guidelines and the Official Plan specifically stated the commitment to maintain the lake trout fishery, while noting Big Basswood Lake's sensitivity to additional development. The Municipal Council had also restricted the creation of new lots on Big Basswood Lake in order to protect the lake trout. The District Biologist for the Ministry of Natural Resources gave expert evidence that the ratio of fisherman in the lake area, to the fish population of Big Basswood Lake, was the correct ratio. Other methods of fishery management had been tried and had proved unsuccessful in maintaining the lake trout fishery optimally. The Ontario Municipal Board accepted the evidence presented on behalf of my clients, and found that Mr. Olson's application did not conform to specified sections of the Official Plan. The proposed development was found not to be in the public interest as it conflicted with the Municipal Council's actions. As the proposed development did not safeguard the lake trout habitat at Big Basswood Lake, and the lake trout habitat was found to be an economically valuable resource under the Official Plan, the Ontario Municipal Board denied its consent to the severance proposal presented by Mr. Olson. The expert evidence, properly presented through a professional planner, and the District Biologist, had allowed the Board to act in favour of the environment and deny the request for development. {I had arrived early enough the day before the hearing to experience a boat tour of Big Basswood Lake, enjoy a swim in this calm lake, and to view the proposed site of the severance of the waterfront lots. The waterfront cottage lot severance proposal presented involved some very desirable waterfront.}
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OF SPECIAL INTEREST: Linda Kolyn, LL.B. 
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