Transcript Municipal Heritage Registerx

Additions to Municipal Heritage Register
of non-designated properties of
cultural heritage value or interest
Monday June 1, 2015
City’s obligation
Provincial Policy Statement, 2014
of the Ontario Heritage Act
2.6.1 Significant built heritage resources and
significant cultural heritage landscapes
shall be conserved.
shall be conserved
NOT
… may be conserved, unless the owner has
concerns
NOT
… might be conserved, unless we want to see if
a development opportunity comes along
City’s obligation
Provincial Policy Statement, 2014
of the Ontario Heritage Act
2.6.1 Significant built heritage resources and
significant cultural heritage landscapes
shall be conserved.
Legal Precedent
Photo: Windsor Star, Sept 22, 2008
• St. Joachim Church,
Lakeshore ON
• Owner, R.C. Diocese of
London, wanted to
demolish church
• Parishioners asked town
to designate it
• Town said it could not
designate without
owner’s permission
Tremblay vs. Lakeshore, 2003 (Division Court)
[23] Requiring the consent of the owner is not consistent
with an overall reading of the Act or its purpose. ...
[24] The object of the Act is the conservation and
protection of the heritage of Ontario. This may
interfere with individual property rights.
Accordingly, in requiring the consent of the owner as a
pre-condition to designation, the Town placed an
unreasonable obstacle on its own discretionary
powers, thereby fettering its discretion and aborting
the process intended by the Act.
Listing does not stop progress
Breithaupt Block is listed
Photo: Zehr Group
Listing does not stop redevelopment
Photos: Thalmic Labs
22-26 Charles Street West is on
the Municipal Heritage Register
111 Ahrens Street
101 Glasgow Street
535 Park Street
2481 Kingsway Drive
23-27 Cedar Street North