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- Written by Gordon Prentice
Why did the Provincial Government insert a new category of “special provisions” into the York Regional Plan to allow a high-density development in Aurora (at Leslie and Wellington Street East) that the Town had previously rejected? 
A fascinating article in Politics Today quotes Aurora Mayor Tom Mrakas:
“This was absolutely unexpected. There was no consultation with the town, no consultation with the region. I hate to say it, but it reeks of a favour for a friend.”
It turns out the landowner hired lobbyist Patrick Lavelle-Tuns in early October to influence Municipal Affairs Minister Steven Clark. Lavelle-Tuns was deputy Manager of Doug Ford’s 2018 PC leadership campaign.
The Aurora "special provision" was one of five changing policy on specified lands.
80 changes
The York Regional Official Plan was approved by the Province on 4 November 2022 and makes no less than 80 modifications, without giving reasons beyond what we can deduce from the text itself. York Region staff were not consulted on the changes and the implications are still unclear.
The memorandum presented to the Regional Council on Thursday (10 November) by the region’s chief planner, Paul Freeman, and explaining the changes is here. The most significant relate to lands delineated for future urban expansion and the consequent threat to agricultural lands.
The decision on the York Regional Plan came on the same day as the announcement on the release of Greenbelt lands for development.
Up-in-the-air
A number of issues important to Newmarket are left up in the air.
The Province deletes the proposed Mulock GO Rail Station from Appendix 2 on the grounds that it (along with Gormley and Kirby):
“require further planning and consultation to finalise their location and delineation.”
But Freeman says:
“the adopted Regional Official Plan (that was presented to the Province for approval) included greater protection for these lands by identifying preliminary boundaries and making them subject to policies that would ensure transit-supportive development.”
He says that while the Province has taken a different approach “the intent remains relatively equal”.
If so, why do it?
York Region left in the dark
Freeman sums it up this way:
"The approved Regional Official Plan 2022 includes growth beyond assumptions made through the Municipal Comprehensive Review process, examples being additional urban expansion, higher densities and conversions of employment areas to community areas. The implications of these changes will need to be assessed from a servicing perspective."
And from a political perspective too.
Gordon Prentice 12 November 2022
Update on 23 November 2022: from Newmarket Today: The future of Mulock GO rail station
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A resolution carried by King's Committee of the Whole yesterday (7 November 2022) suggests the new owner of the Greenbelt lands west of Bathurst is "committed to providing the necessary lands" to Southlake Regional Health Centre for a "nominal fee".
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The land west of Bathurst and immediately adjacent to Newmarket which is currently Greenbelt will be worth an absolute fortune when that status is removed and it becomes available for development. 
The Province announced on Friday 4 November 2022 that it was redesignating 7,400 acres of Greenbelt to accommodate new housing.
The huge parcel of (soon-to-be ex-Greenbelt) land at Bathurst was sold in September this year for $80M. It covers a massive 2.78 sq kms.
Land Banking Opportunity
The real estate agents, Moffat Dunlap, described the 687 acres as a prime opportunity for “land banking”.
They say the land is located
“across the road from completed subdivisions”
and is:
“a unique opportunity to acquire the largest block of land ever assembled in the area. Multiple houses and barns on the property which support the existing cash crop and livestock farm. The tenant farmer is willing to continue to work the land to keep the taxes low.”
"Almost out of development land"
The estate agents say the land is in a strategic location and that the
“surrounding municipalities are almost out of development land.”
For the new owners, the redesignated Greenbelt land will now be worth many, many multiples of the $80M they paid for it only a few months ago.
The land is shown in this Land Registry map, bottom left, as lots 3, 4 and 5 of Block 03407 together with the northern half of lot 2.
Gordon Prentice 8 November 2022
Update on 17 November 2022: From the Toronto Star: They recently bought Greenbelt land that was undevelopable. Now the Ford government is poised to remove protections - and these developers stand to profit
Updated on 5 February 2023: The blog as originally posted said the land was sold in August 2022. It was, in fact, sold on 15 September 2022.
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The Town of Newmarket has a policy which guides and regulates new development in established residential neighbourhoods but is it working? 
After the furore over the monster house in Elgin Street in 2017 the Town reviewed its policies and updated its Zoning By-Law. It went further by adopting “urban design guidelines” which stress:
“(that) within Residential Areas, single- and semi- detached dwellings should be used to promote infill and new development at a scale and character that is compatible with the established neighbourhood”
I defy anyone to visit Eden Court and come away with the view that the new building going up there fits in nicely.
The final report of the Established Neighbourhoods Compatibility Study says the Town’s policy on development criteria should:
“Acknowledge and respect the prevailing physical character of surrounding neighbourhood properties, particularly those properties with frontage along the same street segment…”
Building Permit
Newmarket Today tells its readers:
“Director of planning and building Jason Unger said new dwellings on existing lots are exempt from site plan control, meaning only a building permit is required. He said the home does meet the height requirements of the municipal by-law.”
“The new by-law did reduce the lot coverage from 35 per cent to 30 per cent, which this new home is violating by covering 31.5 per cent of the lot. Unger said a minor variance application is required and will be reviewed by the committee of adjustment.”
The committee of adjustment can approve developments which do not strictly comply with the Town’s Zoning By-laws so long as these as considered minor and do not offend the Zoning By-law’s general principles.
But why wasn’t the lot coverage issue picked up by the building control people when the applicant applied for the building permit? It was issued on 11 May 2022.
The applicant would have had to submit plans and drawings for approval, presumably certified as accurate by a surveyor.
Lot Coverage
By-law 2020.63 which reduced the lot coverage from 35% to 30% at Eden court (and elsewhere across Town in areas with a similar typology) was brought into force on 14 December 2020.
Given that section 1.51 of the Town's Zoning By-law states:
"The requirements of this By-law must be met before a building permit is issued for the erection, addition to or alteration of any building or structure."
Why was a building permit issued before the requirements of the Zoning By-law had been met?
And now the Town’s Planning Director says the remedy is for the applicant to request a minor variance.
Does it fit in?
But there is another wider question that is crying out to be answered. Why did the Town go to all the trouble and expense of designing a policy to make new developments in residential neighbourhoods fit in and yet end up thinking the new house under construction at Eden Court is OK?
The Town’s Director of Planning says the height standards have been met but what about all the other aspects which help determine compatibility?
If they’ve all been met where does this leave the residents of Eden Court who will have to gaze out at this new building for years to come?
And where does it leave the Town’s much trumpeted policy on compatibility?
Gordon Prentice 8 November 2022
See also presentation by Jason Unger and Phoebe Chow on 26 October 2020.
Update on 10 November 2022: The Committee of Adjustment will meet on 30 November 2022. The agenda is here.
Maximum lot coverage varies by typology:
The Town is now divided into Residential Character Areas:
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"I started the Newmarket Lions Park Community Hockey Rink 9 winters ago to give back to my Community and give children of all backgrounds access to a great rink.
I run the rink by age group so that young children can skate with their friends and children their age without feeling intimidated by older kids or adults flying around and taking hard shots.
I did not have access to hockey growing up; our Family was below the poverty line for several years, so hockey was out of the question…which is why I use the rink as a Community platform to raise donations for the Newmarket Food Pantry and for Belinda’s Place Women’s Shelter. I also use the rink to raise equipment donations for children to help them get into the game and stay in it. This year I will be raising equipment donations for Hockey Equality."
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