Tribunal recommends heritage designation of property based on its contextual value to a 19th-century streetscape.
The Town of Amherstburg issued a Notice of Intention to Designate the property at 109 Park Street under the Ontario Heritage Act.
The property owners objected, and the matter was referred to the Ontario Land Tribunal.
The sole issue was whether the property had contextual value under s. 3(i) of O. Reg 9/06 by defining, maintaining, or supporting the character of the area.
The Tribunal preferred the evidence of the Town's expert, finding that the property is part of a relatively intact 19th-century residential streetscape and archetypal to that character.
The Tribunal recommended that the property be designated, subject to revising the designating by-law to reflect only its contextual value.
OLTOntario Land TribunalSep 1, 2021
