Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 13, 2024
CASE NO(S).: OLT-22-004705
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: 2477454 Ontario Inc.
Subject: Objection to By-law designating the Wellington Heritage Conservation District
Reference Number: By-law No. 159-2022
Location: Part of the Community of Wellington
Municipality/Upper Tier: Prince Edward County
OLT Case No.: OLT-22-004705
OLT Lead Case No.: OLT-22-004705
OLT Case Name: 2477454 Ontario Inc. v. Prince Edward (County)
Heard: April 22, 2024, by video hearing
APPEARANCES:
Parties
Counsel
2477454 Ontario Inc.
M. Helfand
M. Barrett, in absentia
County of Prince Edward
J. Savini
DECISION DELIVERED BY a. sauve AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This Settlement Conference was convened for the appeal of 2477454 Ontario Inc. (“Appellant”) to By-law No. 159-2022 of the County of Prince Edward (“PEC”) from adopting the Wellington Heritage Conservation District Plan (“WHCD”). The Parties have participated in Tribunal led mediation and reached a potential settlement. The Parties drafted Minutes of Settlement and are asking the Tribunal to allow the appeal in part.
2The WHCD was prepared in August 2022 and was adopted by council, pursuant to By-law No. 152-2022, on September 20, 2022.
3The Appellant owns property within the WHCD zone and objected to some of the site-specific policies and guidelines, not the WHCD as a whole.
4The Tribunal’s Decision relies on the uncontested heritage and planning evidence presented in support of the settlement. The Tribunal qualified Dr. Carl Bray, a landscape architect and heritage planner, to provide opinion evidence in heritage planning. Dr. Bray had authored the WHCD and participated in the mediation process that led to the Minutes of Settlement. Dr. Bray provided a thorough overview of the purpose and effect of the WHCD, including the modifications to the wording, policies and guidelines that resolved the appeal. Dr. Bray opined that the modifications help to differentiate between the newer commercial areas and older commercial areas and adds more preciseness to the details in different characteristics of the neighbourhood. Dr. Bray further opined that the modifications to the WHCD satisfy all of the statutory heritage conservation requirements under the Ontario Heritage Act (“OHA”) and the Planning Act (“Act”)
5The Tribunal also qualified Michael Michaud, the Manager of Planning for PEC, to provide opinion evidence in land use planning. Mr. Michaud prepared a staff report recommending the adoption of the WHCD and participated in the mediation process. Mr. Michaud opined that the proposed modifications meet the objectives and intent of the OHA and the policies in the Official Plan(“OP”) and Secondary Plan (“SP”), represent good planning, and meet the intent of the Provincial Policy Statement.
6The following documents were made Exhibits at this Hearing:
Affidavit of Dr. Bray
Affidavit of Michael Michaud
Acknowledgment of Expert Duty for Michael Michaud
Draft Order
7Based on the uncontested opinion evidence in support of the settlement the Tribunal summarizes its findings below.
8The WHCD is the second and final component of the Heritage Conservation District planning process for the municipality, a process that began with the completion of the WHCD Study (“Study”) which commenced in July 2019. The Study determined that the Wellington downtown core area met the Province’s criteria for designation as a Heritage Conservation District. Council adopted the Study on May 11, 2021 and directed staff to proceed with the preparation of the WHCD.
9The downtown core of Wellington had been identified as a priority for conservation in the OP and the Wellington SP due to it containing one of the highest concentrations of historic buildings and cultural landscapes in the County. The possibility of an HCD here was originally brought forward by an association of commercial property owners and tenants in response to new development and concerns about demolitions. The OP also identifies this area as a priority for conservation, and other County policies promoting sustainability, cultural planning and tourism all support this goal.
10The modifications to the WHCD helps to differentiate between the newer commercial areas and older commercial areas to allow for an evolved land use pattern. The modifications also add more precise detail in the different characteristics in the neighbourhood and creates a distinction for new properties that are either contributing or non contributing to the character of the district.
11On the uncontested evidence of the qualified witnesses, the Tribunal finds that the WHCD and the modifications:
satisfy the OHA’s requirements, including identifying the cultural heritage values and attributes, listing the objectives, and articulating policies and procedures for conserving heritage;
have regard for s. 2 of the Act, including subsections:
(d) the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest;
(r) the promotion of built form that … (ii) encourages a sense of place;
- are consistent with the Provincial Policy Statement, 2020, including policies:
1.1.2 accommodate an appropriate range and mix of land uses to meet projected needs …
1.7.1 e) encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character, including built heritage resources and cultural heritage landscapes;
2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved.
conforms with the OP and Secondary Plan
and thus, constitute good planning in the public interest.
12Having considered the related decisions of City Council contained in the Exhibits, and having found that the WHCD and the modifications satisfy all legislative requirements, the Tribunal endorses the modifications which resolve the appeal, and approves the WHCD and the modifications as attached to this Decision and subject to the Order below.
ORDER
13The Tribunal orders that the appeal of 2477454 Ontario Inc. from a decision of the Council of the County of Prince Edward to pass By-law No. 159-2022 that adopted the Wellington Heritage Conservation District Plan and Guidelines is allowed in part and By-law No. 159-2022 is amended and approved as set out at Attachment 1 to this decision.
14The Tribunal authorizes the municipal clerk of the County of Prince Edward to format, as may be necessary, and assign a number to this By-law for record keeping purposes.
15Pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective on April 22, 2024, being the day of the settlement hearing, upon which the proposed amendments to the By-law were presented and considered by the Tribunal.
“A. Sauve”
A. Sauve
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.