To The Honourable Michael…

Dear Ms Kulpa,

I am writing to you on behalf of The Annex Residents Association, Toronto, to voice our objections to proclamation of the Bill 23, Schedule 6 changes to the Ontario Heritage Act. Those provisions are deeply damaging to both the preservation of Ontario’s built heritage and to the provision of truly affordable housing.

The Schedule 6, s 3(4) changes to the listing of properties of heritage value (The Register) are particularly unwise, as clearly demonstrated by the impact they would have in the City of Toronto, and the Annex. The current practice of listing properties – with no time restriction – is a heritage planning tool of enormous value. For most communities it is a way to acknowledge places of local cultural heritage value and – sometimes – it offers a “menu” of possible properties for designation, a long process involving considerable research and discussion. The City of Toronto is engaged in a citywide systematic heritage survey to identify properties of cultural heritage interest not already noted by listings on the City’s register. As the City rushes to catch up on its listings, the changes to the Ontario Heritage Act would, if proclaimed, prevent designation of heritage properties to be included in a development proposal if they were not listed at the time of the developer’s application to the City.

If these provisions had been in place several years ago, an impressive new development adjacent to the Annex neighbourhood would have been negatively impacted. The Westbank-Mirvish Village development, which is now under construction, will house several thousand people in rental townhouses and apartments towers. It will include a market street and recreational amenities to replace those that have been demolished. Importantly, the development respects the history of the much-loved Mirvish Village as it retains – through designation – the Markham Street heritage streetscape. None of the heritage properties were listed when the development was proposed. It was through thoughtful collaboration between Westbank, the developer, and four residents’ associations that the significance of the streetscape was fully understood, leading to its preservation as an evocative part of a large-scale multi-use project.

Most properties in the Annex are not listed, yet the neighbourhood is known for its impressive range of architectural styles and housing types by well-known architects dating from the late 19th century to the present. Many of the properties provide rental accommodation to seniors, students from the University of Toronto and others on fixed or low incomes, and young professionals. More than 70 per cent of residents are renters in a city lacking rental homes. A recent preliminary study of the neighbourhood shows that gentle intensification has taken place for the past century. Large mansions have been replaced by low and mid-rise apartments, while others have townhouses or three- and four-storey apartment buildings in once ample back yards. Importantly, heavily treed heritage streetscapes remain intact, providing a healthy environment for those living in the area, effectively balancing the area’s gentle densification. The Annex, through the goodwill of owners and developers, has worked hard to ensure that needed housing respects the unique heritage qualities of the place. Listing – with no arbitrary fixed term – would help ensure that heritage buildings, and the affordable housing they contain, are an integral part of overall planning and specific development proposals.

Within the Annex, consider specifically the houses along Spadina Avenue, which would have been lost through expropriation for the Spadina Expressway. Most are now owned by the City of Toronto and provide affordable housing and space for social service agencies. (The first woman’s shelter in the entire country is still operating on Spadina Avenue.) Although some of the houses are listed, almost the entire streetscape needs to be considered as a heritage place that provides affordable housing for hundreds of people. Indefinite listing would acknowledge buildings that have served a diverse community so successfully.

Contrary to some public perception, historic buildings in the Annex provide the only affordable housing in the neighbourhood. They need to be recognized through open-ended listing – and seen as part of sensitive densification and redevelopment. Although listing is an important planning tool, it should not be seen as a requirement for designation, especially in the context of development proposals.

The Annex Residents’ Association asks that Cabinet not proclaim the Bill 23 changes to the Ontario Heritage Act. The Annex “story” demonstrates that heritage preservation, far from being an impediment to affordable housing, actually fosters the development and maintenance of intensified, truly affordable housing that is well integrated into the fabric of the surrounding community.

Thank you for your consideration.