Appeal by Millford Development Ltd. (“Millford”) to the Local Planning Appeal Tribunal (“LPAT”) 55 Eagle Street (Ward 5)


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395 Mulock Drive P.O. Box 328 Station Main, Newmarket, Ontario
L3Y 4X7

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Background Information 

Millford Development Ltd. ("Millford") has commenced two appeals before the Local Planning Appeal Tribunal ("LPAT") regarding 55 Eagle Street in Ward 5. This property is East of the intersection of Yonge Street and Eagle Street, as shown in the location map in the Documentation section belowThere are two appeals before the LPAT regarding this property: 
  1. An appeal commenced in 2008 regarding the Town's amendment to its Official Plan designating a portion of the Millford lands as Natural Heritage System and Woodlot; and 
  1. An appeal relating to a 2011 development application to the Town seeking to obtain Official Plan and Zoning amendments necessary to proceed with construction of a 12 storey condominium tower and 38 town homes.  The proposed development application contemplated removing approximately 1.3 acres of land from the Natural Heritage System designation. 
  2. As noted below, the development application is now proceeding on the basis of constructing 53 side-by-side town homes, 20 back-to-back homes and one triplex. 

The LPAT has merged the two appeals to have them heard together. The Town is defending the LPAT appeals using the external legal services of Wood Bull LLP. 

Q & A

What are the traffic impacts from the proposed development to Eagle Street and the intersection of Yonge Street and Eagle Street?
The applicant has submitted a Traffic Impact Study which has been provided to internal departments and external agencies. Additional information has been requested for the Town and the Region’s review and this forms part of the Issues List provided to the applicant and the Ontario Land Tribunal.
Why is there no road connection from the proposed development onto Avenue Road?
The environmental features associated with the valleyland prevent a road connection to Avenue Road.
Has the natural environment relating to the trees and animal and bird habitat been protected?
The applicant has prepared environmental reports to support their proposed development. The Town, Region and Conservation Authority are reviewing their submissions and have asked for additional information from the applicant’s consultants. This forms part of the Issues List provided to the applicant and the Ontario Land Tribunal.
Is the proposed density and development appropriate for this area?
The applicant has submitted a number of studies, including a Planning Justification Report in support of their proposed development. The Town has asked for additional information regarding the density and design of the proposed development. This forms part of the Issues List provided to the applicant and the Ontario Land Tribunal.
Is there sufficient parking proposed on site to accommodate the development?
As part of the applicant’s Zoning By-law Amendment application, they are proposing to amend the Town’s parking standards. The Town has asked for additional information regarding the proposed parking numbers and this forms part of the Issues List provided to the applicant and the Ontario Land Tribunal.

Documentation Related to the Appeals
2008 Appeal of Town Official Plan Amendment
Appeal of Millford 2011 Zoning and Official Plan Amendment Request
         Materials submitted by Millford Development Inc. in support of its original applications
         Materials related to Public Information Meeting held February 27, 2012
Please Note: All documentation can be made available in accessible formats as soon as practicable and upon request. Please contact the Planning Department for further information. Additional documents will be added to this list as they are made available. 

Case Management Conference (CMC) 

April 8th 2021

LPAT scheduled a CMC heard by video conference on April 8, 2021 at 10 a.m. 

The public can attend the second CMC scheduled for July 26, 2021 by connecting at 9:45 a.m. using the following link and access code:

A CMC is a preliminary step in the hearing process to deal with procedural matters such as identifying parties, establishing deadlines for exchanging materials and scheduling the hearing.  

If you wish to seek party or participant status in accordance with the OLT rules, you must file a Party Status Request Form or Participant Status Request Form with the OLT at least 10 days before the second CMC hearing (by July 12, 2021) and then attend the virtual CMC hearing on July 26, 2021.   The Notice of CMC dated April 8, 2021 that is on the dedicated Town website mentioned above directs you how to file your Party or Participant Status Request Form.  

The Forms also set out the information that you must provide, and can be found at this link:

The following OLT webpage also provides information on how you can participate in the appeal: 

If you have any questions about how to become a party or a participant, you may contact the Case Coordinator for this Matter at the Ontario Land Tribunal, Tome Kondinski at (437) 228-4796 or

Final determination on Party or Participant Status will be made by the LPAT at the CMC scheduled for July 26, 2021. 

Current Parties to the Appeals

  • The Town of Newmarket 
  • Millford Development Ltd. (Owner) 
  • York Region

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