The appellants appealed the Town of Newmarket's refusal to adopt a Zoning By-law Amendment that would permit the severance of two existing residential lots into three lots for single detached dwellings.
The Ontario Land Tribunal allowed the appeal in part, finding that the proposed reductions in minimum lot area and frontage represented appropriate 'gentle intensification' consistent with provincial and regional policies.
However, the Tribunal dismissed the request for increased maximum lot coverage, finding that the proposed 34% coverage on smaller lots would be an overdevelopment incompatible with the planned built form context of the stable residential neighbourhood.
An interim order was issued pending finalization of the zoning by-law amendment and provisional consent.