Bill 23 and related changes…

Bill 23 and related changes to the Provincial Policy Statement and to the process for amending or repealing heritage conservation district plans threaten to undermine the province's cultural heritage. The Province states that it seeks "policy direction that provides for the identification and continued conservation of cultural heritage resources while creating flexibility to increase housing supply."

First, if heritage protection is not to be traded off and lose out in the core quest to address the Province's housing needs, a clear succinct statement is needed in legislation and the revised Provincial Policy Statement, namely, "Heritage designation is intended to ensure that all development is contextually appropriate, not to preclude intensification that meets this test. To ensure contextually appropriate development, elements of built form, including height, scale and massing of development SHALL conserve the defined cultural heritage value and attributes of the heritage conservation district as set out in its HCD plan."

Second, the statement in the PPS that “Significant built heritage resources and significant cultural heritage landscapes shall be conserved” must be left intact if there is to be any hope of protecting the province’s cultural heritage.

Third, “gentle intensification” should not be imposed in HCDs where three units on a single property would conflict with the heritage attributes or values of the HCD. For example, the core heritage value/attribute of a particular HCD is its 150 year-old parklike setting and abundance of trees and greenscape in which houses unobtrusively sit. Gentle intensification would destroy this.

Fourth, third party appeals to the Ontario Land Tribunal of heritage permits should be permitted for the very same reasons that the Province has decided to reverse its position and retain third party appeals to the OLT for decisions under the Planning Act.