Conservation Review Board
Commission des biens culturels
ISSUE DATE:
May 20, 2016
CASE NO(S).:
CRB1510
PROCEEDING COMMENCED UNDER subsection 32(4) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Owner:
Helen Campbell
Subject:
Refusal of Application for Repeal of Designating By-law No. 130-2012
Property Address:
90 Park Street (also known as Haddington Villa)
Legal Description:
Part Park Lot 1, Plan Old Survey as in 549913; T/W 549913, except easement therein
Municipality:
Municipality of Chatham-Kent
CRB Case No.:
CRB1510
CRB Case Name:
Campbell v. Chatham-Kent (Municipality)
Heard:
May 18, 2016 by telephone conference call
APPEARANCES:
Parties
Counsel
Municipality of Chatham-Kent
David V. Taylor
Helen Campbell
Janet McGuigan Kelly
ORDER OF THE BOARD DELIVERED BY SU MURDOCH
1This Order is issued under the authority of s. 67.1(3) of the Ontario Heritage Act (the “Act”), s. 5.4 of the Statutory Powers Procedure Act and corresponding Rules contained in the Conservation Review Board (the “Review Board”) Rules of Practice and Procedure, April 1, 2015.
Background
2The owner, Helen Campbell (the “Applicant”), of the property known municipally as 90 Park Street, Municipality of Chatham-Kent (the “Municipality”), has applied under subsection 32(1) of the Act to repeal By-law 130-2012 designating the property under s. 29 of the Act. The Municipality of Chatham-Kent Council denied that application, and the matter has been referred to the Review Board for a hearing.
3Two pre-hearing conferences have been conducted by the Review Board with all parties in attendance. At the pre-hearing conference held on May 18, 2016, all parties agreed that it would be beneficial for the Applicant and Municipality to meet in person to exchange information and clarify the matters that led to the application to repeal By-law 130-2012. As stated by the Applicant, these matters primarily involve her understanding of what transpired in 2012 resulting in the passing of By-law 130-2012; the implications on the property owner of designation under s. 29 of the Act and a change to the Municipality’s Heritage Property Tax Relief Program.
4The purpose of this Order is to document the following matters agreed to by the parties in preparation for the next pre-hearing conference and to facilitate a hearing on the merits:
The Municipality is to immediately provide the Applicant with a copy of By-law 130-2012.
An in-person meeting is to be held on or before June 30, 2016, at a mutually agreed location, and the Applicant and the Municipality are to attend and may be accompanied by others of their choosing.
The Applicant is to compile the list of questions and concerns that led to her application to repeal By-law 130-2012, and provide this list to the Municipality no less than 14 days in advance of the date chosen for the in-person meeting.
The Municipality is to have in attendance at the in-person meeting, one or more persons with applicable expertise regarding the Act and knowledge of how the provisions of the Act were applied by the Municipality resulting in the passing of By-law 130-2012. This person or persons is also to have knowledge of the Municipality’s Heritage Property Tax Relief program, and be able to respond in an informative way to the Applicant’s list of questions and concerns.
5A Review Board pre-hearing teleconference is scheduled for July 7, 2016 at 10 a.m. during which the next course of action in this proceeding will be determined.
“Su Murdoch”
SU MURDOCH
VICE CHAIR
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Conservation Review Board
A constituent tribunal of Environment and Land Tribunals Ontario
Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248