Those who live in many parts of Old Town should have, by now, received a letter from the town of Niagara-on-the-Lake explaining the provisions of a recently passed bylaw which purports to largely “freeze” development in a large chunk of NOTL’s Old Town for a period of one year, commencing from March 27.

By way of background, last fall the town engaged the services of the Ottawa-based firm, Cultural Spaces, to conduct a study associated with the expansion of Old Town’s heritage conservation district.

Now, one of the challenges to undertaking a study such as this in Old Town is the sheer volume of properties that may represent a potential contribution to its heritage character. Moreover, the dispersal of such properties ranges from clustered to isolated single “island” examples.

Where does one begin and end such a study? Some geographic limitations had to be established if it was to be properly completed.

Thus, the first order of business for the consultants, with the able assistance of town heritage staff and a number of volunteers, was to define the boundaries within which it appeared that at least 25 per cent of the properties potentially make a heritage contribution — 25 per cent being one of the fundamental criteria for a heritage conservation district.

Once these boundaries were drawn and a geographic area defined, the Cultural Spaces folks could proceed with the next phases of the study.

To ensure a study area remains static — that is all the potential heritage assets are protected for the duration of the project — section 40 of the Ontario Heritage Act provides that a municipality may pass a bylaw to prohibit or set limitations on the alteration of a property, or properties, including the removal or demolition of existing buildings/structures and the construction of new buildings/structures within the heritage conservation district study area.

Without this protection, there is the possibility that development could adversely impact the consultant’s research and derived conclusions, thereby altering the validity of the study, potentially rendering its recommendations and the subsequent heritage district conservation plan suspect.

Let’s drill down a little further within the new bylaw.

First, if your property is already heritage designated under a Part IV individual designation, it is deemed to already be “protected” with the accompanying provisions under the Heritage Act, which requires heritage permit(s) for any proposed alteration, etc. As a result, the new bylaw does not apply to these properties.

Nor does it apply to properties that, within the three years before the March 27 passage of the new bylaw, received an official plan amendment, zoning bylaw and/or site plan approval.

Similarly, properties that have received council settlements of Ontario Land Tribunal appeals are likewise exempt.

In the existing Part V Queen-Picton Heritage Conservation District, minor alterations that fall under the delegated authority of town staff approval (bylaw 2024-022) are permissible, as is work described in pre-existing heritage permits and permit applications that have undergone pre-consultation with town staff prior to the passage of the bylaw.

Interior alterations may be performed, emergency repairs to existing buildings or structures can be undertaken and, subject to planning approval, accessory buildings (such as a garage) and second units may be constructed.

Finally, according to part five of the new bylaw, in the event that a building permit application for a property within the study area was deemed by planning staff to be “complete” on or before March 27, the town may elect to issue the associated building permit.

Allow me to observe that this particular bylaw is, in comparison to many I have seen from other North American jurisdictions to defer development during a conservation district study, remarkably flexible — almost to the point of raising the question of whether it will accomplish the protection necessary for a successful study.

I hope it does, but we shall see. 

Brian Marshall is a NOTL realtor, author and expert consultant on architectural design, restoration and heritage.