Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2024
CASE NO(S).: OLT-22-004555
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant: St. George and Ann Block Limited
Subject: Objection to designation By-law L.S.P.-3502-249
Property Address: 197 Ann Street
Municipality/Upper Tier: City of London
OLT Case No.: 22-004555
OLT Lead Case No.: 22-004555
OLT Case Name: St. George and Ann Block Limited v. London (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended
Appellant: St. George and Ann Block Limited
Subject: Objection to designation By-law L.S.P.-3503-250
Property Address: 183 Ann Street
Municipality/Upper Tier: City of London
OLT Case No.: 22-004556
OLT Lead Case No.: 22-004555
OLT Case Name: St. George and Ann Block Limited v. London (City)
Heard: December 11, 2024 by Telephone Conference
APPEARANCES:
| Parties | Counsel |
|---|---|
| St. George & Ann Block Limited | Patrick Harrington |
| City of London | Aynsley Hovius |
| Anna Maria Valastro | Colin Léger |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON December 11, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from a case management conference ("CMC") held regarding appeals filed by St. George & Ann Block Limited ("Appellant") pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 ("OHA") concerning the passing of Heritage Designation By-law Nos. L.S.P. 3502-249 and L.S.P. 3503-250 ("Heritage By-laws") by the City of London ("City") for lands known municipally as 183 and 197 Ann Street in the City ("Subject Lands").
2The Subject Lands are two separate locations within a larger collection of properties that are subject to a comprehensive redevelopment application approved by City Council in 2022. City Council's approval of the application was appealed to the Tribunal by a third party, but that appeal has since been dismissed.
3The approved development contemplates a mixed-use high-rise development with permissions for 23 storeys in height and 500 square metres of non-residential uses. Part of the consideration for the proposed development was whether the existing buildings on the Subject Lands could be preserved (in whole or in part) or demolished.
4Following City Council's approval of the development applications, the Heritage By-laws were passed by City Council and subsequently appealed by the Appellant.
HERITAGE ALTERATION PERMITS
5On November 29, 2024, the Appellant filed heritage alteration permits ("Permits") with the City to facilitate the removal of the existing structures on the Subject Lands and, depending on the outcome of engineering studies and the City's review of same, the potential incorporation of the existing brick within the approved development.
6Counsel for the Appellant informed the Tribunal that the City has until the end of April 2025 to complete their review of the Appellant's proposed approach and render a decision on the Permits before the Permits are eligible to be appealed under the OHA. Should the City's decision on the Permits be appealed, the Appellant informed the Tribunal that they will likely seek the consolidation of those appeals with the appeals currently before the Tribunal.
NEXT CMC
7Accordingly, the Parties requested that a further CMC be scheduled after May 12, 2025, at which time the Parties will be able to advise the Tribunal as to the status of the Permits and proposed next steps.
8The Tribunal agreed with the approach and scheduled a one-day CMC, to be held via telephone conference call ("TCC") at 9:30 a.m. on Friday, May 16, 2025. Should the TCC be cancelled or rescheduled by the Tribunal, the Parties are directed to provide a status update to the Tribunal by no later than Friday, May 16, 2025.
9Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this case.
ORDER
10THE TRIBUNAL ORDERS that the Parties are to provide the Tribunal with a status update by no later than Friday, May 16, 2025.
11No further notice is required.
12This Member is not seized.
"S. Dixon"
S. DIXON
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.