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Saturday, February 6, 2021

Ontario Gets a Slap

Dominion Foundry Complex     Vik Pahwa Photo

How do you stop a demolition?

That of course is the perennial question for built heritage advocates.

Just when we thought the status of Heritage Conservation Districts — and their pre-2005 and post-2005 HCD plans — was settled1, along comes an Ontario Municipal Board decision that seems to throw a wrench in the works.

Yes, it’s the OMB, in 2017 actually, when the metamorphosis to Local Planning Appeal Tribunal was still underway. It’s an obscure decision no one much had ever heard of. Too bad it didn’t stay that way.

Friday, January 31, 2020

Is the LPAT up to the job?

The last posts for 2019 looked at two recent cases of the Local Planning Appeal Tribunal (LPAT) involving the potential demolition of a built heritage resource.1 In both cases the Tribunal determined that demolition was not inconsistent with the “shall be conserved” policy of the Provincial Policy Statement.

Significant built heritage resources and significant cultural heritage landscapes shall be conserved. ~ PPS policy 2.6.1

We’re looking at recent cases where the Local Planning Appeal Tribunal (LPAT) has explored the meaning of “conserved” — and whether demolition of a built heritage resource is necessarily antithetical to provincial planning policy.1

Isn’t the demolition of a heritage building the antithesis of its conservation?

Well, under Ontario’s land use planning rules, the answer seems to be: Not necessarily…

The starting point of course is the bedrock cultural heritage policy set out in policy 2.6.1 of the Provincial Policy Statement: