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HomeMy WebLinkAboutPDS-062-26Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Planning and Development Committee Date of Meeting: June 15, 2026 Report Number: PDS-062-26 Authored By: Sarah Allin, Principal Planner Submitted By: Darryl Lyons, Deputy CAO, Planning and Infrastructure Services Reviewed By: Mary-Anne Dempster, CAO By-law Number: Resolution Number: PD-077-26 File Number: Report Subject: Objection to Designate 50 Centre Street, Bowmanville under the Ontario Heritage Act Recommendations: 1.That Report PDS-062-26, and any related delegations or communication items, be received; 2.That the objection to designate 50 Centre Street, Bowmanville under the Ontario Heritage Act (Attachment 1 to PDS-062-26) be received; 3.That Council affirms its intention to designate 50 Second Street, Bowmanville under Section 29 of the Ontario Heritage Act based on its identified cultural heritage value or interest; 4.That Staff be directed to bring the Designation By-law (Attachment 2 to PDS-062-26) for the property at 50 Centre Street before Council at a future meeting; and, 5.That all interested parties listed in Report PDS-062-26, be advised of Council’s decision. Municipality of Clarington Page 2 Report PDS-062-26 Report Overview Ontario Heritage Act 1. Background 1.1 On February 9, 2026, Council endorsed staff recommendations via Planning and Development Committee Report PDS-015-26 to pursue the designation of 4 properties along Centre Street in the Old Bowmanville neighbourhood, as being of cultural heritage value or interest under the Ontario Heritage Act (OHA). 1.2 Notices of Intention to Designate were sent to property owners and published on the Municipality’s website on March 18, 2026, in accordance with the OHA. The 30 -day statutory objection period ended on April 17, 2026. 1.3 On April 14, 2026, the Municipal Clerk received a notice of objection to the proposed designation of 50 Centre Street, Bowmanville. 1.4 The OHA requires Council to consider and make a decision on an objection to a Notice of Intention to Designate within 90 days of the end of the objection period, which in the case of 50 Centre Street is July 16, 2026. 1.5 Council may choose to affirm or withdraw the intention to designate the property at 50 Centre Street. 2. Discussion 2.1 50 Centre Street is located on the west side of Centre Street in Bowmanville. The subject property consists of a two-storey, red brick Italianate building constructed circa 1881. Municipality of Clarington Page 3 Report PDS-062-26 2.2 The subject property has been researched for cultural heritage significance using the prescribed criteria under Ontario Regulation 9/06 of the OHA through a Cultural Heritage Evaluation Report prepared by Archaeological Research Associates Ltd. The property was found to meet three of the nine criteria demonstrating cultural heritage value or interest, meaning the threshold for designation is met. 2.3 The property has design value as a representative example of a residential building constructed in the Italianate architectural style. The property also has associative value for its direct association with William Browning Couch, a Bowmanville merchant and business owner who played a significant role in the commercial and civic matters and helped shape the community’s educational system in the late 19th century. The property is also important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. A more detailed description of the property’s cultural heritage value or interest is found in PDS-015-26. 2.4 Council endorsed the recommendations from staff to pursue the designation of 50 Centre Street at its February 9, 2026, Planning and Development Committee meeting on the basis that the property meets three of the prescribed criteria. 2.5 The property is currently on the Municipality’s Heritage Register as a listed property under section 27 of the OHA. However, its status as a listed property will expire on January 1, 2027, in accordance with changes to the OHA implemented through Bill 23. Figure 1: 50 Centre Street Municipality of Clarington Page 4 Report PDS-062-26 2.6 Bill 23, More Homes Built Faster Act, 2022, introduced a requirement that properties listed on the municipal Heritage Register must be advanced to designation by January 1, 2027, or they will be automatically removed from the Register. Once a property is removed from the Register, it cannot be added back onto the Register for a period of five years. If Council chooses to withdraw the notice of intention to designate, the property will remain unprotected from further alteration or demolition. Consultation 2.7 Effort was made to consult with the owners of the subject property throughout the heritage designation process over the last eighteen months, including via the following communications that are beyond the statutory consultation requirements under the Ontario Heritage Act:  October 2024 – The Municipality hosted a Heritage Information Session to explain the heritage designation process to listed property owners whose properties required evaluation before the Bill 23 deadline of January 1, 2027. All listed property own ers were invited. A recording of the session was later made available online, with the link included in subsequent correspondence to property owners.  December 2025 – A registered letter was sent to the property owner advising that a Cultural Heritage Evaluation Report had been completed and that the property would be considered for designation at an upcoming Clarington Heritage Committee meeting. The letter offered to share the report, invited property owners to attend the meeting, and provided staff contact information for questions or comments. The delivery of the registered letters happened 7-11 days after they were mailed by staff, leaving little time between the receipt of the letters and the Heritage Committee meeting date.  January 2026 – A letter was issued notifying the property owner that the Clarington Heritage Committee had recommended the property for designation and that a staff report would be considered by the Planning and Development Committee. The letter included instructions for attending or participating in the meeting and provided staff contact information. 2.8 Staff acknowledges there are opportunities for improvement to provide additional notification time. However, all letters sent by Planning and Infrastructure staff were provided in addition to the statutory requirements of the OHA, and included a staff name, contact number, and email address, inviting the property owner to reach out to staff at any time throughout the process. 2.9 Additional consultation will occur should the property proceed to designation, including a notice of passing of the designation by-law. Municipality of Clarington Page 5 Report PDS-062-26 Notice of Objection 2.10 A summary of the key issues raised in the notice of objection (Attachment 1) is provided below. 2.11 The property owners acknowledge the importance of heritage conservation but express significant concerns regarding the proposed designation. They suggest that communication and notification were insufficient, noting that letters providing notification of meetings were received too late to allow meaningful participation or adequate review of information. As a result, they have indicated they feel unclear about the implications of the designation, particularly in relation to maintenance responsibilities, future property improvements, and their ability to age in place. 2.12 As noted in subsection 2.7, the Municipality exceeded the OHA’s statutory notification requirements by issuing multiple communications throughout the designation process to engage property owners. These included an initial information session and letters in December 2025 and January 2026 notifying owners of the Heritage Committee and Planning and Development Committee’s consideration of the property. 2.13 The time between the mailing and delivery was longer than anticipated, and staff acknowledges in this case the letters did not arrive sufficiently in advance of the Heritage Committee and Planning and Development Committee meeting dates. However, staff was available for the property owners to reach out at any time to provide comments or discuss the designation of their property. Staff contact information was provided in each correspondence. 2.14 The owners are also concerned the designation would create additional administrative requirements, potentially causing delays, increasing costs, and limiting their ability to address routine and time-sensitive maintenance. Financial impacts are a key concern, including possible compliance costs, restrictions on property use, and the absence of clear support or compensation mechanisms. 2.15 Heritage designation introduces a heritage permit process for works affecting identified heritage attributes. However, routine maintenance typically would not trigger the need for a heritage permit, unless it is seeking to alter or replace heritage attributes that are listed in the designation by-law. Staff are available to work with property owners to clarify requirements and provide guidance to help balance conservation objectives with practical needs, such as time-sensitive repairs. 2.16 Heritage permit applications are processed as efficiently as possible, without application fees, and minor applications are delegated to staff to reduce delays related to Council meeting cycles. Designated property owners may also access the Municipality’s Heritage Incentive Grant Program to support the cost of ongoing property maintenance. 2.17 Based on these issues, the owners have requested that the Municipality reconsider the designation and expressed interest in exploring alternative approaches that better balance heritage preservation with practical property management. Municipality of Clarington Page 6 Report PDS-062-26 2.18 Staff have considered the objections and appreciate the owner’s interest in pursuing an alternative approach. Prior to the changes introduced through Bill 23, the property could have remained listed on the Municipal Register under section 27 of the Act, which provided protection by allowing the Municipality up to 60 days to review any demolition permit and assess cultural heritage value. Bill 23 now limits how long properties can remain listed under Section 27, requiring municipalities to either designate qualifying properties or remove them from the Register, thereby eliminating heritage protection. The property at 50 Centre Street has been evaluated and determined to have sufficient cultural heritage value to warrant designation. 2.19 Staff maintains the recommendation presented in PDS-015-26 to designate the property on the basis that the property meets the criteria specified in Ontario Regulat ion 9/06 under the OHA. Next Steps 2.20 The OHA requires that Council consider the notice of objection and make a decision either to affirm or withdraw its intention to designate no later than July 16, 2026. If Council does not make a decision within this timeframe, the Notice of Intention to Designate is deemed to be withdrawn. 2.21 Should Council affirm the intention to designate, staff will bring forward the designation by-law for passing at a subsequent Council meeting, based on the attached Draft Designation By-law (Attachment 2). A notice of passing will be sent to the property owners, any person who issued a notice of objection, the Ontario Heritage Trust, and published on the Municipality’s webpage, following which there would be a 30 -day appeal where interested parties could appeal the by-law to the Ontario Land Tribunal (OLT). 2.22 Alternatively, should Council withdraw the intention to designate, a notice of withdraw would be issued to the same parties noted above, and published on the Municipality’s website. The property would be removed from the Heritage Register and would no longer have protection from demolition or alteration under the OHA. 2.23 Should Council choose to withdraw its intention to designate, the following alternate recommendations could be considered in place of Recommendation Nos. 3 and 4: That Council withdraws its intention to designate the property located at 50 Centre Street, Bowmanville, under Section 29 of the OHA; and That staff be directed to carry out the requirements as prescribed under Section 29(7) of the OHA, including issuing a notice of withdrawal of intention to designate the property at 50 Centre Street, Bowmanville. Municipality of Clarington Page 7 Report PDS-062-26 2.24 In a broader context, staff has taken steps to address comments and concerns about the designation process raised by property owners to date, including modifying the notice of intention to designate to include a Planning and Infrastrastructure Services staff contact in addition to Clerks contact information. Staff will continue to identify and implement changes to improve clarity and communications with property owners throughout the process. 3. Financial Considerations 3.1 Potential financial consideration may be to hire external legal counsel and external heritage consultants to provide evidence at the OLT in support of designation if direction is received from Council to pursue designation of the property and an appeal is made to the OLT. 4. Strategic Plan 4.1 The Clarington Strategic Plan 2024-27 outlines the objectives to cultivate a strong, thriving, and connected community where everyone is welcome. Designation of the subject properties contributes to achieving one of the priorities (Connect 4.1) that promotes and supports local arts, culture, and heritage sectors. 5. Climate Change 5.1 Not Applicable. 6. Concurrence 6.1 Not Applicable. 7. Conclusion 7.1 It is respectfully recommended (i) that Council affirms its intention to designate 50 Centre Street, Bowmanville and (ii) that staff be directed to bring the draft Designation By-law (Attachment 2 to PDS-062-26) before Council at a future meeting as presented in the Recommendations section of this report. 7.2 Should Council choose to withdraw its intention to designate the property at 50 Centre Street, Bowmanville, the alternate recommendations included in subsection 2.23 may be considered. Staff Contact: Sarah Allin, Principal Planner, sallin@clarington.net or Lisa Backus, Manager of Community Planning, lbackus@clarington.net. Attachments: Attachment 1 - Notice of Objection; 50 Centre Street, Bowmanville Attachment 2 – Draft Designation By-law; 50 Centre Street, Bowmanville Interested Parties: List of Interested Parties available from Department. Outlook Fw: Objection to Proposed Des ignat ion under Part IV of the Ontario Heritage Act on 50 Centre Street From Sarah Allin <SAllin@clarington.net> Date Wed 2026-05-27 2:44 PM To Heritage <heritage@ clarington.net> From: Miche lle Dunbar Sent: April 14, 2026 11:33 AM To: ClerksExtemalEmail <clerks@c larington.n e t> Cc: Troy Woudwy Subject: Objection to Proposed De signation under Part IV of the Ontario Heritage Act on 50 Centre Street You don't often get email fro I EXTERNAL Planning and Development Service Attn: Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, ON., L 1C 3A6 (Submitted via email to ci.e.cs.@ci.acington.net) To the Municipal Clerk We are writing to fonnally object to the proposed designation of our property under Part IV of the Ontario Heritage Act. While we recognize and appreciate the importance of preserving heritage within the community, we have several significant concerns regarding the impact this designation would have on our property and day-to-day operations. We feel the notice and communication surrounding this proposed designation have been inadequate. On two separate occasions, we received registered letters on the same day that meetings were being held. This did not allow for meaningful participation or sufficient time to review the information provided. As a result, we do not feel we have been properly informed about what this designation would mean for us as property owners, particularly regarding ongoing maintenance, future upgrades, and our long-tenn plans to age in place. Additionally, the designation would introduce an added layer of adminis trative burden. The need for approvals prior to completing even routine maintenance could result in delays, increased costs, and a reduced ability to respond to time-sensitive issues. Attachment 1 to Report PDS-062-26                                                                            #      Attachment 2 to Report PDS-062-26 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2026-XXX Being a by-law to designate the property known for municipal purposes as 50 Centre Street, Bowmanville, Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R. S. O. 1990, Chapter O.18; Whereas the Ontario Heritage Act, R. S. O., 1990, c.O. 18 authorizes the Council of the Municipality to enact by- laws to designate properties to be of historic or architectural value or interest for the purposes of the Act; and Whereas the Council of the Corporation of the Municipality of Clarington has caused to be served upon the owner of the property known for municipal purposes at 50 Centre Street, Bowmanville, and upon the Ontario Heritage Foundation, Notice of Intention to Designate the aforesaid real property and has caused such Notice of Intention to be published on the municipal website having general circulation in the area of the designation on [DATE]; and Whereas the reasons for the designation of the aforesaid property under the Ontario Heritage Act are contained in Schedule "A" attached to and forming part of this by-law; and Whereas the Clarington Heritage Committee has recommended that the property known for municipal purposes as 50 Centre Street, Bowmanville, be designated as a property of historic or architectural value or interest under the Ontario Heritage Act; and Whereas no notice of objection to the proposed designation was served upon the Municipal Clerk within the period prescribed by the Ontario Heritage Act; Now Therefore the Council of the Corporation of The Municipality of Clarington hereby enacts as follows: 1. The property known for municipal purposes at 50 Centre Street, Bowmanville, which is more particularly described in Schedule "B" which is attached to and forms part of this by- law, is hereby designated as a property which has historic or architectural value or interest under Section 29 of the Ontario Heritage Act, R. S.O. 1990, c. O. 18. 2. The Solicitor for the Municipality of Clarington is hereby authorized to cause a copy of this by-law to be registered against the title to the property described in Schedule "B" hereto. 3. The Municipal Clerk is hereby authorized to cause a copy of this by-law to be served upon the owner of the property described in Schedule "B" hereto and on the Ontario Heritage Foundation. The Municipal Clerk also is authorized to cause notice of the passing of this by-law to be published on the municipal website having general circulation in the area of the designation. Passed in Open Council this [DATE]. [SIGNATURES] Written approval of this by-law was given by Mayoral Decision [NUMBER] dated [DATE]. Schedule 'A' To By-law 2026-XXX Statement of Significance and List of Character Defining Features Description of Property 50 Centre Street is located on the west side of Centre Street in Bowmanville, in the Municipality of Clarington. The subject property consists of a two-storey, red brick Italianate building constructed circa 1881. Physical/Design Value 50 Centre Street has design value as a representative example of a residential building constructed in the Italianate architectural style. 50 Centre Street follows a two -storey, three bay, massing and is constructed with red brick coursed in Flemish and Common bond. The subject building has a hip roof with wide overhanging eaves that showcase a simple cornice with plain frieze board and rhythmically placed wood brackets which are key defining characteristics which represent the Italianate style. The balanced but asymmetrical composition includes tall, narrow, paired rounded arch window openings with brick voussoir detailing located above and one-storey canted bay window which also houses tall narrow window openings and showcases a decorative cornice with dentil trim are also features associate with Italianate design. The centrally placed formal entrance is topped by a rectangular transom and flanked by a single sidelight is located under the open one -storey front porch with classical influences. The building also has rhythmically placed segmentally arched, windows with flat or “jack” voussoirs which are also in keeping with the Italianate architectural style. The building’s massing, composition, window placement, roofline a nd details make it legible as being of the Italianate architectural style. Historical/Associative Value 50 Centre Street has associative value for its direct association with William Browning Couch, a Bowmanville merchant and business owner who played a significant role in the commercial and civic matters and helped shape the community’s educational system in the late 19th century. W.B. Couch was born in Cornwall, England in 1879, and immigrated to Hampton in 1857, where he worked as a tailor. He eventu ally moved to Bowmanville and worked at the McClung Bros. general store before purchasing the store from the McClungs in 1882 and operating a dry goods and general store known as Couch, Johnston, & Cryderman with two other partners. The store remained in operation for several decades demonstrating the longevity his store had during the growth of Bowmanville throughout the late 19th and early 20th century. W. B. Couch was also active in public and civic development of Bowmanville, particularly with the educational system. W.B. Couch joined the Bowmanville Public High School Board around 1882 and assisted in the planning and opening of a high school which was constructed in 1890. He also oversaw its replacement, which was built in 1929. He began serving as the school board’s chairman in 1906 and remained in that role for 25 years until his death in April 1931. W.B. Couch was active in the community, as Honourary President of the Canadian Men’s Club, a Freemason, active with the Trinity United Church. At the t ime of his passing, on April 13, 1931, W. B. Couch was Bowmanville’s second oldest resident, and his business was the oldest in Bowmanville. To honour his contributions in the community, a portrait of W.B. Couch, housed in the Bowmanville High School libra ry, was unveiled at that location in December 1931. Contextual Value 50 Centre Street is important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. The lot lines and block layout of the historic Town was well established in the late -19th century as reflected in the commercial core found along King Street and the large presence of residences located along several side streets. The development of the residential area, which includes Centre Street, during this time played a significant role in the social and economic development and reflected the growth of the historic Town of Bowmanville. Located off or parallel to the commercial area along King Street, the buildings in the historical Town located along the side streets are comprised of p redominantly one to two-and-a-half storey residences, primarily brick construction and often showcase ornate details. Notably, 50 Centre Street appears to have been constructed as a near-identical counterpart to the home located at 21 Beech Avenue in Bowmanville. The location of the subject property on Centre Street, combined with unique stylistic features and legibility as a late -19th century style, support the character of the Centre Street streetscape and by extension the broader historic residential area. The historic character is reinforced by the presence of large mature trees and vegetations which consistently line both sides of Centre Street. When in bloom, the tree canopy is so robust it creates a tunnel which reinforces the areas mature character, strengthens the continuity and relationship among houses, and provides an aesthetic appeal to the streetscape. 50 Centre Street was constructed circa 1881 and exhibits, massing, style, and decorative details consistent with cohesive late 19th century and early 20th century character of the Centre Street streetscape which is further reinforced by the presence of a mature tree canopy. Description of Heritage Attributes 50 Centre Street has design value as a representative example of a residential building constructed in the Italianate architectural style The property contains the following heritage attributes that reflect this value:  Two-storey building constructed in the Italianate architectural style  Red brick construction coursed in a Flemish and Common bond  Asymmetrical but balanced composition  Hip roof with wide eaves adorned with decorative cornice showcasing rhythmically placed wood brackets  Two exterior, red brick chimneys, on west and north elevation finished with a corbelled cap and appear to be double fluted  Formal entranceway opening topped by a rectangular transom and one sidelight  Projecting section of façade’s main level contains a one -storey bay window with truncated hip roof and dentil trim in cornice, with tall and narrow rectangular window openings while the upper level has paired rounded windows with brick voussoirs  Rectangular, rounded, and segmental arch window openings with brick voussoirs  One-storey bay window on side elevation with decorative cornice with dentil trim, tall and narrow rectangular window openings and finished with truncated hip roof 50 Centre Street has associative value for its direct association with William Browning Couch, a Bowmanville merchant and business owner who played a significant role in commercial and civic matters and helped shape the community’s educational system in the late 19th century. The first deed issued for this property was between Couch and John McClung, also a local merchant. McClung was one of the three brothers who ran the large McClung Brothers dry goods and hardware business on King Street, which Couch worked at and subsequently purchased. The property contains the following heritage attributes that reflect this value:  Two storey building constructed in the Italianate architectural style  Overall form, massing, and setback  Location on Centre Street 50 Centre Street is important in supporting the 19th and early 20th century residential streetscape along Centre Street, located within the historic Town of Bowmanville. The property contains the following heritage attributes that reflect this value:  Two-storey building constructed in the Italianate architectural style  Overall form, massing, and setback  Location on Centre Street Schedule 'B' To By-law 2026 - XXX Legal Description: LT 17 BLK 35 PL H50079 BOWMANVILLE; PT LT 16 BLK 35 PL H50079 BOWMANVILLE; PT LT 18 BLK 35 PL H50079 BOWMANVILLE AS IN D419347; MUNICIPALITY OF CLARINGTON PIN 266250038