File No. CA 001-95

B. Goodman
Deputy Mining and Lands Commissioner

Monday, the 25th day
of March, 1996.

The Conservation Authorities Act

And in the matter of

An appeal to the Minister under subsection 28(5) of the Conservation Authorities Act against the refusal to grant permission for the construction of a single family dwelling on Lot 192, Registered Plan 759, Town of Innisfil.

Between:

Joyce Allerton
Appellant

and

Lake Simcoe Region Conservation Authority
Respondent

Order

Whereas this appeal was received by this tribunal on the 8th day of February, 1995;

And whereas a consent to grant this appeal without costs and with conditions, dated the 21st day of March, 1996, was executed and filed by Mr. Marvin Geist, counsel for the Appellant;

And whereas a consent to grant this appeal without costs and with conditions, dated the 18th day of March, 1996, was executed and filed by Mr. Kenneth C. Hill, counsel for the Respondent;

  1. This tribunal orders that the Appellant submit a site plan satisfactory to the Respondent, showing the location and dimensions of all fill and construction proposed on the property.
  2. This tribunal further orders that the Appellant submit construction plans satisfactory to the Respondent, showing all openings and finished floor to be a minimum elevation of 219.6 metres above sea level.
  3. This tribunal further orders that the Appellant submit grading plans satisfactory to the Respondent, permitting fill to remain on site or to be deposited solely for the purpose of raising a reasonable building envelope to a level consistent with the elevation of adjoining properties, and showing that the elevation of the remainder of the property will be unchanged.
  4. This tribunal further orders that the Appellant register the agreement on title, indicating that the lot is within a flood plain and that the Appellant has accepted all liability for damages from flooding.
  5. This tribunal further orders that this appeal is granted.
  6. This tribunal further orders that no costs shall be payable by either party to this appeal.

Dated this 25th day of March, 1996.

Original signed by

B. Goodman
Deputy Mining and Lands Commissioner