Homa Hedayat

The appellant appealed a Committee of Adjustment decision refusing a consent to sever and associated minor variances to permit the construction of two duplexes on a single property.

The Toronto Local Appeal Body dismissed the appeal, finding that the proposed severance would create lots with frontages and areas significantly smaller than the prevailing character of the neighbourhood.

The tribunal concluded that the severance did not conform to the Official Plan policies requiring new development to respect and reinforce the existing physical character of the geographic neighbourhood, and therefore failed the criteria under s. 51(24) of the Planning Act.