HomeMy WebLinkAboutPSD-099-09Clarin n
Leading the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, October 19, 2009 ~~5~ I ~~~ ~~ PF1--56~-Q9
Report #: PSD-099-09 File #: PLN 34.5.2.64 By-law #:
Subject: FORMER BOYS TRAINING SCHOOL AND PRISONER OF WAR CAMP
2020 LAMBS ROAD, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-099-09 be received;
2. THAT the property identified as 2020 Lambs Road, Bowmanville, have buildings 1, 6, 7,
8 , 9, 10, 11, 12, 14, 16, 17, and 18 (as noted on Attachment 1) DELETED from the
Municipal Register of properties of cultural heritage value or interest;
3. THAT the demolition application for buildings 1, 6, 9, 10, 12, 16, 17 and 18 be
APPROVED at this time;
4. THAT all interested parties listed in this report and any delegation be advised of
Council's direction.
Submitted by: i~~~~- Reviewed by: ~ "`~'~"
Davi J. rome, MCIP, RPP ranklin Wu,
Director of Planning Services Chief Administrative Officer
FL/DC/df
14 October 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-099-09 PAGE 2
1.0 PURPOSE OF REPORT
1.1 The property identified as 2020 Lambs Road, Bowmanville covers over 40 hectares and
contains a total of eighteen buildings (Attachment 1). In January 2009, Council
approved placing all 18 buildings on the site on the Municipal Register to allow time to
determine an overall strategy to be developed for the protection and retention of some
of the buildings. The purpose of this report is to recommend buildings 1, 6, 7, 8, 9, 10,
11, 12, 14, 16, 17, and 18 be deleted from the .Municipal Register; and the demolition of
buildings 1, 6, 9, 10, 12, 16, 17 and 18 be approved at this time. This would leave
buildings 2, 3, 4, 5, 13 and 15 on the Municipal Register.
The intent at this time for the remainder of the buildings being 3, 7, 8, 11, 13 and 14 is
to leave them in place until such time as either a use is determined for them or the
liability related to retaining them becomes to great a burden for the developer and they
apply for demolition (Attachment 2).
2.0 PROPERTY HISTORY AND ARCHITECTURAL SIGNIFICANCE
Property Ownership History
2.1 The 40 ha (100 acre) parcel farm at 2020 Lamb's Road adjacent to Soper Creek was
formerly the Darch Farm prior to its donation to the Ontario government in the early
1920s byJ. H. H. Jury for the purpose of establishing a boys training school.
2.2 The Boys Training School officially opened in August of 1925. Various buildings were
constructed over the next several years, by Government of Ontario. Archival records
indicate that the first dormitory was built in 1925, a gymnasium and swimming pool
building was built in 1927, a large triple dorm in 1928 and a hospital in 1937. In 1939 the
facility was renamed to the Ontario Training School for Boys.
2.3 During World War II the property was taken over as a German Prisoner of War camp,
known as Camp 30, by the Department of National Defence. New temporary dormitories
were added and the site housed up to 800 detainees who were mainly officers of the
Third Reich. There was an uprising at the Camp following the Dieppe raid in 1942 when
an order was issued to manacle German POWs housed in camps across Canada.
Historically recorded as the "Battle of Bowmanville", the uprising lasted for three days
until it ended with the assistance of the Royal Canadian Ordinance Carps from
Kingston. This uprising is the only known battle of its kind and has national significance.
Occupation of the Training School as Camp 30 ended in April of 1945.
2.4 Use as a Training School resumed, name changes happened and other changes
related to the philosophy of dealing with young offenders eventually saw the elimination
of Training Schools in Ontario. In 1979, the Pine Ridge School, at the time, closed. The
province offered the property to the Municipality at fair market value in 1983. The
Council of the day declined, citing acquisition cost, cost of maintenance, building
renovation costs, other operational matters and the distance of the facility from the
residential area of Bowmanville. Council offered the Province a nominal amount for the
buildings and property which was declined by the Province.
REPORT NO.: PSD-099-09 PAGE 3
2.5 On October 7, 1983 the Ministry of Government Services accepted an offer from How
Kheng Ang, in Trust, to purchase the school. The transaction closed in February of
1984 and the facility reopened as a preparation school for Malaysian students entering
Canadian universities which functioned until April of 1986. The Members in Christ
Assemblies of Ontario purchased the site in 1987 and leased a portion of the property
for the St. Stephen's Catholic Secondary School which opened in September of 1,988.
While the property was privately owned 1987-2008, the sports fields were used by many
of the recreational leagues in Clarington.
2.6 In 1999 the property was sold to the Sea Land Holdings Corporation and became
known as the Great Lakes College which was home to students from Hong Kong.
During the time Sea Land Holding Corporation owned the property from 1999 to 2005,
they filed an application (in 2002) for an Official Plan amendment which proposed to
delete the Community Park in favour of an Urban Residential designation and to change
the Future Urban Residential designation to Urban Residential. A number of
modifications and studies were required prior to staff accepting, as complete, the Official
Plan amendment application. The requirements for a complete application were not
submitted and the file was later closed.
2.7 In May of 2005 the property was sold to Madressa Ashraful Uloom. The school
functioned as an Islamic University called Darul Uloom under the ownership of
Madressa Ashraful Uloom. In January of 2006 the Region of Durham received
applications for consent to sever the areas north and south of the buildings thereby
proposing to split the property into three relatively equal parcels. The Kaitlin Group
proposed to acquire the northerly and southerly parcels for future development
purposes. Planning Services Staff supported the severance application as the northerly
and southerly parcels are within the boundary of the Bowmanvile Urban Area and the
valley lands were to be dedicated to the Municipality as part of the severances. The
applications were approved on March 13~h, 2006 but the conditions of approval were not
fulfilled, the approval has lapsed.
2.8 In February, 2007 the property was purchased by Lambs Road School Property Ltd.
(Kaitlin). Darul Uloom, the Islamic University continued to operate until they relocated in
October of 2008. The private sewage treatment- system for the site had failed and
orders from the Ministry of the Environment with regard to sewage treatment meant that
either costly repairs or replacement to the private system had to be undertaken or a
sewer line from the municipal system had to be extended.
Architectural Significance
2.9 The architecture and campus of the Boys Training School buildings at 2020 Lambs
Road were designed as a provincial showpiece. The buildings form a collection of styles
indicative of their construction dates between approximately 1925 and 1940. The
buildings were and still are impressive and noteworthy.
2.10 Buildings such as the cafeteria (5), and dormitories (2, 3, 15) represent an unusual
collection of buildings in the Prairie style of architecture. This style is underrepresented
in Ontario and Canada at large, with few examples ever built, let alone retained.
Characteristics of the style include a strong horizontal character, heightened by long,
gently pitched rooflines and other linear elements complementing the flatness and
REPORT NO.: PSD-099-09
PAGE 4
openness of the prairies. The style matured under the leadership of Frank Lloyd Wright
and his associates emanating from his Oak Park, Illinois studio. Decoration consisted of
geometric with strong horizontals, rectangles, squares and occasional vertical elements.
These characteristics are well represented in the buildings at 2020 Lambs Road, as a
collection they hold architectural and contextual significance. Of note in these buildings
is the central clerestory levels which heightened the central space of the interiors and
provided natural lighting while maintaining a strong horizontal character.
2.11 The hospital (infirmary) (4), the triple dorm building (2) and dormitories (3, 15) are more
traditional in style with peaked roofs and sash windows, but with brick and stucco
fapades they make reference to Arts and Crafts houses as well as loose references to
the Prairie style of the other buildings.
2.12 A number of the other buildings (7, 8, 11) are functional with references to the
International style and modernism that arose in Europe in the 1920s and 30s. The
emphasis of function over form for this type of architecture suited these buildings which
were used for workshops, storage and garage facilities.
2.13 The architects responsible for the buildings where the Government of Ontario,
Provincial Architect's Department. Many noteworthy architects interned and practiced
with the government, some for their entire careers. There are good records for
Government of Ontario buildings and the original drawings exist for many of the
buildings of the Bowmanville Boys Training School. From these records the architects
that had the most influence over the buildings and style are F.R. Heakes and George
White; however, others such as George Williams also had a hand in the overall design,
although few of his buildings remain today.
2.14 Francis Riley Heakes (1858-1930) was appointed Chief Architect of the Provincial
Architect's Department in 1896 and held the post until his death in 1930. The Ontario
Archives hold drawings for virtually all provincial buildings executed under his
supervision from 1896 until 1926. For the Boys Training School he is responsible for
two Dormitories (3, 15) and Dining Hall (cafeteria) (5), 1925; Medical Superintendents
Residence, Fire Hall, 1926; Boiler House & Heating Plant, 1928; Gymnasiusm &
Swimming Pool (13), 1929.
2.15 George N. White (1874-1964) served as Chief Architect for the Province of Ontario from
1934 until 1942 and was directly responsible for the design and construction of buildings
erected for provincial use during this period. Born in Dundee, Scotland in 1874 he was
educated at the Glasgow School of Art and at Heriot Watt College in Edinburgh. In 1911
he emigrated to Canada and obtained a position with Darling & Pearson, the largest
architectural office in Toronto, and remained with them until May 1913. At that time he
joined the staff of the Provincial Architect's Dept., working directly under the supervision
of F.R. Heakes, who trained him as his chief assistant over the next fifteen years. When
Heakes retired in late 1926 White was appointed Acting Provincial Architect, a post he
held until 1934 when he assumed the post of Provincial Architect. His works in
Bowmanville. at the Boys Training School included the Hospital (Infirmary Building) (4)
and oversight of other buildings built while he was Chief Architect.
REPORT NO.: PSD-099-09 PAGE 5
Current Property Issues
2.16 In the fall of 2008, the Emergency and Fires Services Department notified the Kaitlin
Group that they were to secure the buildings, provide security and fire protection
capability. The Fire Chief met with a representative of Kaitlin and made suitable
arrangements to keep a water supply to the fire hydrants in the event of a fire. Water
system schematic drawings have been provided to Kaitlin and all water to the buildings
has been shut off, as have the gas and hydro. The Ministry of the Environment had
been involved with a leak from the sewage treatment plant to the creek and continued to
monitor the situation.
2.17 The Municipal Law Enforcement Division issued an "Order Requiring Compliance" on
December 11, 2008 relating to three areas of concern, the railings on the dam, the
broken and dilapidated fencing around the property and the vacant buildings. Municipal
Law Enforcement has indicated that the remedy for the vacant buildings is to have them
secured.
2.18 On March 28th, 2009 the former administration building (14) and gymnasium/pool
building (13) sustained substantial damage from a fire. Many of the buildings have
been vandalized which has prompted liability concerns and other safety and security
issues.
2.19 Municipal Law Enforcement note that the buildings have seen repeated vandalism
including damage to the boarded up doors and windows. Any exposed windows are the
subject of ongoing breakage. Kaitlin maintenance staff have indicated that at least one
of the buildings on site is broken into daily. As such, the buildings that are to be kept will
require more stringent security. Kaitlin retained John Semjan an engineer to determine
the structural integrity of the fire damaged buildings. The buildings are not damaged
beyond repair and the structural integrity has not be compromised to date, he has
recommended that barricading the entrances with steel plate doors in place of plywood
or seal the openings with concrete block.
3.0 PROTECTING CULTURAL HERITAGE RESOUCES
3.1 In achieving its cultural heritage objectives, the tools that the Municipality has at its
disposal are the goals and objectives of the Official Plan, the Provincial Policy
Statement and the Ontario Heritage Act. The Clarington Official Plan sets out the goal
or preservation, restoration and utilization of Clarington's heritage resources. The
Provincial Policy Statement states that significant built heritage resources and
significant cultural heritage landscapes shall be conserved.
3.2 The Clarington Heritage Committee (CHC) reviewed the architectural and historical
significance of the property between 2002 and 2004 and deemed it worthy of
designation. However, the owner at the time did not wish to be designated.
3.3 The CHC reaffirmed its recommendations in the fall of 2008 that the buildings were of
architectural significance and under the recent updates to the Ontario Heritage Act that
the site also met the requirements for a cultural heritage because of its significance
REPORT NO.: PSD-099-09
PAGE 6
locally, provincially and nationally. The CHC supported the staff recommendation that
the site be added to the Municipal Register. The CHC continues to provide support for
the municipal designation of the site. An educational session was held at its meeting in
April21, 2009 to assist with community education of the unique history of this site.
3.4 In January of 2009, Council listed the property (which includes 18 buildings) on the
Municipal Register. This gives Council 60 days to review the demolition application,
once it is received, during this time Council could initiate the heritage designation
process (Attachment 4). Council has requested the Provincial and Federal agencies
charged with protecting cultural heritage resources become involved in this issue. In
addition, Council have conceptually supported the formation of a "friends of group.
3.5 Kaitlin, Municipal Staff and the Executive Director of Clarington Museums have been
working towards an understanding of the property's history, its potential for development
and opportunities for partnerships with other conservation agencies. Kaitlin has been
working with Planning Services to advance the development opportunities for the
southern third of the property, the portion that is currently designated community park in
the Official Plan. The remainder of the site cannot be developed at this time as it is part
of Future Urban Residential. The redesignation of the Future Urban Residential will be
considered in the context of the municipally undertaken comprehensive review and
update of the Official Plan that is underway.
3.6 Ongoing communication with the Ontario Ministry. of Culture and federal Ministry of
Environment (Parks Canada and Heritage Properties) has led to a better understanding
of the role these agencies are likely to play in any potential preservation and whether
funding will be available. A number of grant programs exist and are being explored.
3.7 Based on a letter Kaitlin has received from the Historic Sites and Monuments Board of
Canada, they authorized the Municipality through the Clarington Museums and Archives
to prepare the necessary documentation to seek national designation of the site. While
national designation is a great honour it does not place restrictions on the land owner.
All sites are commemorated through the installation of a bronze plaque. Parks Canada
may also provide financial assistance to owners such as incorporated not-for-profit
organizations, other levels of government and aboriginal organizations. A recipient can
receive up to a maximum of $1,000,000 as long as it is 50% of eligible costs incurred in
the conservation and presentation of a national historic site.
3.8 Council received a delegation on July 13th, 2009 that provided them with a petition that
contained over 800 signatures and also informed them that a Clarington branch of the
Architectural Conservancy of Ontario (ACO) had been formed "to preserve our history
and to educate the public on the heritage of our area". One of the first priorities of this
ACO branch is the preservation of Camp 30, the last remaining intact German POW
camp in Canada.
3.9 During the regular CHC meeting on September 15th, 2009 the buildings at 2020 Lambs
were reviewed with the Committee members. As a result of the review the following
resolution was passed:
REPORT NO.: PSD-099-09 PAGE 7
"That with regard to 2020 Lambs Road the Clarington Heritage Committee
recommends buildings 1, 6, 9, 10, 12, 16, 17 and 18 as noted on the
attached map for removal from the Municipal Register at this time given
their condition and the lack of significant historical significance."
At the time the request from the developer to remove all the buildings except for 2, 3, 5
and 15 had not been received. It is staff's understanding that the committee was under
the impression that the removal of the buildings from the Municipal Register also
implied approval of demolition.
4.0 COMMENTS
4.1 The concept for the future of the 2020 Lambs Road property that is being pursued by
Kaitlin with the assistance of staff at this time breaks the 100 acre property into thirds.
The southern and northern thirds would be developed with a mix of housing. The
middle third would be transferred to the Municipality as a district park with reuse of key
buildings for community use and other agencies. Involving a number of agencies and
providing space for training opportunities and not-for-profit organizations is being
explored to determine viable uses for the buildings.
4.2 Kaitlin has indicated that despite their efforts to secure the property it is continually
being vandalised. Staff understand Kaitlin's desire to minimize costs, and determine a
future use of the buildings and property that is beneficial to both the developer and the
Municipality. Staff are working with Kaitlin to develop plans that protect some of the
heritage resources on the 2020 Lambs Road site. At this point it is unknown if the
federal government has an interest in protecting World War II history and what role they
may play in the conservation of this site.
4.3 The Provincial Minister has the ability to protect the site but appears reluctant to use her
power and name the site a Provincial heritage site, this designation which would afford
the site the most protection. The Minister of Culture has recommended municipal
designation (Attachment 3). The only buildings that Staff believe should be designated
under Part IV of the Ontario Heritage Act are the triple dorm (2), hospital (4) and
cafeteria (5). However, it may be better to wait until the future of the other buildings is
better understood as designation as a heritage district, under Part V of the Act may
better suit the long term use of the property, which at this time is still being determined.
4.4 Kaitlin, Clarington Museums and Municipal staff have met and worked out a
recommendation for which buildings should be demolished at this time. The remainder
of the buildings will continue to be boarded up and mothballed. At some point in the
future as the timeline for development of the more northern portions of the site becomes
more defined, the decision on whether to refurbish or demolish the remaining buildings
can be taken. This also allows time for other agencies to come forward with proposals
for reuse of these buildings which may or may not fit into the longer term plans of the
Kaitlin Group and the Municipality.
REPORT NO.: PSD-099-09
8
4.5 At this time, although the CHC has recommended only certain buildings be removed
from the Municipal Register staff believe it would better serve the developer and
Municipality to remove from the Municipal Register, the majority of the buildings,
retaining the triple dorm (2), Kiwanis dorm (3), hospital (4), cafeteria (5),
pool/gymnasium (13) and Jury House dorm (15). Attachment 4 and 5 are a building
conditions chart and photographs of the various buildings on site. The buildings
recommended to remain on the Municipal Register are the most historically significant
and if is anticipated that future uses for them can be determined as part of the overall
subdivision plan Kaitlin has been working on. The buildings recommended for
demolition (1, 6, 9, 10, 12, 16, 17 and 18) at this time are dilapated or in poor condition
and have very limited significance both architecturally and historically. The remainder of
the buildings (7, 8, 11, 13, 14) which are not recommended for demolition, at this time,
may serve a purpose as the plan is developed.
4.6 The developer and Staff are working with a final year studio class at Ryerson University
to help alternatives for the long term use of the site. In addition, cone-day summit with
individuals interested in the revitalization and economic development sector is being
planned with the Clarington Board of Trade to help stimulate interest and ideas for the
reuse of the Boys Training School Site.
4.7 Kaitlin has requested Staff assist with the preparation of documentation for national
designation. National designation does not afford protection to the buildings, rather it
commemorates the site and its history. It does bring with it the ability to access funds for
refurbishment.
5.0 CONCLUSION
5.1 This property is of national, provincial and local significance. The Federal and Provincial
governments are being kept informed of the Municipality's efforts and
recommendations. It is hoped that funding can be obtained through some of the grant
programs currently being made available for both the development of a concept and
strategy to help renew the property and also for refurbishment of specific buildings.
5.2 It is Kaitlin's intention to develop the property for residential purposes at some point in
the future. Staff will continue to work with the Kaitlin Group to develop an overall
strategy for how the significant heritage resources could be protected for the longterm.
5.3 The "friends of group that has been formed, the Clarington Branch of the ACO has
been kept informed of the process. It is hoped that they will be able to pursue other
opportunities that may lead to the retention of the specific buildings or portions of the
site as a heritage resource.
5.4 A summit involving a number of community and business leaders to be held early in
November is an opportunity to explore alternative uses for the buildings at 2020 Lambs
Road with the ultimate aim being conservation of the architectural legacy of Camp
30/Boys Training School.
REPORT NO.: PSD-099-09
PAGE 9
Attachments:
Attachment1
Attachment 2
Attachment 3
Attachment4
Attachments
Map of 18 buildings, Aerial of 18 buildings
Kaitlin letter
Heritage Designation Process
Building conditions chart
Photographs of buildings
List of interested parties to be advised of Council's decision:
Barbara Karthein
Nicolette Lafave
Eric Walters
Carleen Attersley
Steve Gusterson
Cheryl Tibbetts
Capt. R. C. McGuire
Cheryl Marek
Nancy Hamer Strahl
Barbara Kerr
Mark Birdsall
Mrs. Hamer-Strahl
R&TAIi
Peter and Wendy Mooney
Rita Edgell
Rose McGuire
Raymond Smith
Sgt. Brett Devries
Margaret Clayton
Kristina Thomas
Sara Weales
Catherine Starr
Joanne Laton
John C. Schneider
Richard Vandyk
Teresa Miceli
Nancy M.A.Leask
Melanie Gaudet
Lauri Richards
Roy Richards
Laura
Dave Watt
Teresa Miceli
Terry Myles
Stephen Burns
Dennis Brooklebank
Ann Beley-Corrigan
Aaron Wickens
Nicole Belej-Corrigan
Peter
David Lockwood
Charlynne Jourard
Steffi Nathan
Gary Nathan
Kim Gleason
Jim Corrigan
Joan & Blain Moffat
Cecil & Betty Morrison
Bernice Puk
Connie Puk
Ron Alldred
Stephen Brickell
Peter Brickell
Margaret Ford
Randy McDougall
Jason Moore
Joanrene
Quenten Majoor
Barry Majoor
John Armstrong
Grant Humes
Clark Morawetz
Marilyn Morawetz
Kim Frattura
Ron Tetley
Thomas Royle
Sandra Stainton
E. Stuff
Gail Preston
Jenna & Suzanne Fallis
Robert & Christel Schwirtz
Petra Schwirtz
REPORT NO.: PSD-099-09
Garth Gilpin
Paul Cormack
Philip Ford
John W. Royle
Mathew Ferguson
Paul Cairns
Joan Kellett
Mathew P. Ferguson
Hugh Laing
Donna Hilditch
Gail Guthrie
Terry Price
Nancy Milner
Jim Shosenberg
Martina Kirkwood
Gabbie Kirkwood
Jim & Corry Kamstra
Hewitts'
Lynda Armstrong
Jack Gordon
PAGE 10
Barry Russell
Mary Tillcock
Tina & Maurice Bachand
Rolf Piro
Harold Parnham
Despina Chymeftos
Danna Levinson
Andrew A. Horton
Trevor Hutchinson
Alexander Filip Josic
Heinz Nitschke
Bobbi-Jo Penny
Clarington Museums and Archives
Ministry of Culture
Ontario Heritage Trust
CHC
Lynn Phillip Hodgson
Bev Oda, MPP
Attachment 1
To Report PSD-099-09
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September 30, 2009
Ms. Faye Langmaid
Planning Services Department
The Municipality of Clazington
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Dear Ms. Langmaid
Re: Request for Demolition Permit Issuance
2020 Lambs Road - Bowmanville
Further to our eazlier discussions with Staff, we would respectfully request consideration
to remove certain of the buildings at the above-noted address from the Municipal
Registry of Heritage Properties.
Should Council approve this request, it would provide that 4 buildings would remain on
the registry with no immediate intentions for demolition. Of the remaining 141isted
buildings, once removed from the registry, a number of them which have no
demonstrated heritage value, may be demolished in the near future. The potential
demolition of remaining buildings removed from the registry, may be deferred to provide
time to assess potential opportunities for re-use.
Planning applications will be shortly be submitted to the Municipality that will provide
for future opportunities for certain of these buildings to come under public ownership.
The buildings that would be subject to the current request are noted on the attached
schematic plan of the property.
We understand that for a demolition permit to be issued for these buildings, Council must
remove them from the Municipal Registry of Heritage Properties.
It would be appreciated if Staff could consider this request and prepare the necessazy
report for Council's consideration.
Should you require further discussion of this matter, please do not hesitate to contact the
undersigned.
Yours very truly
Attachment 3
To Report PSD-099-09
Heritage Designation Process
In accordance with the provisions of the Ontario Heritage Act, initiation of the designation
process begins with Council authorizing the Clerk to give Notice of intention. Council is to
consult with the CHC before giving the Notice prescribed. The Notice is to be served on the
owner and is to be published in a newspaper having general circulation in the municipality and
is to include a statement that notice of objection to the designation may be served on the Clerk
within 30 days after the date of publication. If there is no objection council can pass a by-law
designating the property. Objections to the designation are to be referred to the Conservation
Review Board for a hearing.
The Conservation Review Board will hold a hearing and within 30 days of the conclusion of the
hearing will report to Council with its recommendations. Upon considering the report Council
can pass a by-law designating the property. A copy of the by-law, together with a statement
explaining the cultural heritage value or interest of the property and a description of the
heritage attributes of the property is served on the property owner and the Ontario Heritage
Trust , is registered on the title of the property, and the notice of the by-law is published in the
local newspaper. Should Council not wish to proceed with designation the Notice of intention
to designate is withdrawn and a notice of withdrawal is served on the property owner and the
Ontario Heritage Trust, and is published in the local newspaper. The decision of Council is
final with regards to Part IV of the Ontario Heritage Act. The Province has other measures and
powers to pursue designation.
If a Notice of Intention to designate is given under the Ontario Heritage Act any permit that
allowed for the alteration or demolition of the buildings on the property would be void as of the
day the Notice of Intention is given and the property is treated as if it is designated.
Owners of designated properties cannot demolish or remove buildings from a property unless
they apply to Council and receive consent in writing. Council has 90 days to review the
application. This period can be extended upon agreement between the owner and Council.
Council is to consult with the heritage committee and may consent to the application, consent
subject to terms and conditions, or refuse the application. Notice of Council's decision is
served on the owner and the Ontario Heritage Trust, and is published in the local newspaper.
If Council refuses the application to demolish or remove a building, or approves the application
subject to terms and conditions, the property owner can appeal Council's decision within 30
days of receiving notification. Appeals filed with the Municipal Clerk and the Ontario Municipal
Board. The OMB will hold a hearing and may order that the appeal be dismissed, or that the
Municipality consent to the demolition without terms and conditions, or with the terms and
conditions set by the OMB. The decision of the Ontario Municipal Board is final.
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