Additions to Municipal Heritage Register of non-designated properties of cultural heritage value or interest Monday June 1, 2015

City’s obligation Provincial Policy Statement, 2014 of the Ontario Heritage Act 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved.

shall be conserved NOT … may be conserved, unless the owner has concerns … might be conserved, unless we want to see if a development opportunity comes along

City’s obligation Provincial Policy Statement, 2014 of the Ontario Heritage Act 2.6.1 Significant built heritage resources and significant cultural heritage landscapes shall be conserved.

Legal Precedent St. Joachim Church, Lakeshore ON Owner, R.C. Diocese of London, wanted to demolish church Parishioners asked town to designate it Town said it could not designate without owner’s permission Photo: Windsor Star, Sept 22, 2008

Tremblay vs. Lakeshore, 2003 (Division Court) [23] Requiring the consent of the owner is not consistent with an overall reading of the Act or its purpose. ... [24] The object of the Act is the conservation and protection of the heritage of Ontario. This may interfere with individual property rights. Accordingly, in requiring the consent of the owner as a pre-condition to designation, the Town placed an unreasonable obstacle on its own discretionary powers, thereby fettering its discretion and aborting the process intended by the Act.

Listing does not stop progress Breithaupt Block is listed Photo: Zehr Group

Listing does not stop redevelopment Photos: Thalmic Labs 22-26 Charles Street West is on the Municipal Heritage Register

111 Ahrens Street

101 Glasgow Street

535 Park Street

2481 Kingsway Drive

23-27 Cedar Street North