Legislative History: Enacted September 19, 2017 (By-law No. CPOL.-165-417); Amended June 26, 2018 (By-law No. CPOL.-333-324); Amended July 25, 2023 (By-law No. CPOL.-165(a)-198)
Last Review Date: July 25, 2023
Service Area Lead: Manager, Community Planning
1. Policy Statement
This policy outlines the process for applications for the demolition of properties designated under the Ontario Heritage Act or listed on the Register of Cultural Heritage Resources. It should be noted that a Notice of Intent to Demolish cannot be withdrawn.
2. Definitions
Not applicable.
3. Applicability
This policy applies to application for the demolition of buildings or structures on properties designated under the Ontario Heritage Act or listed on the Register of Cultural Heritage Resources.
4. The Policy
4.1 Buildings or structures on properties listed on the Register of Cultural Heritage Resources pursuant to Section 27(3) of the Ontario Heritage Act:
a) The applicant (property owner or authorized agent) contacts a Heritage Planner to notify staff of their intention to demolish the building(s) on their heritage listed property and to schedule a pre-consultation meeting;
b) Notice of intention to demolish or remove a building or structure from a property listed on the Register of Cultural Heritage Resources is made by the applicant, in writing, and provided to a Heritage Planner and the Clerks department;
c) The notice of intention to demolish is accompanied by such plans and information as Municipal Council may require, identified at the pre-consultation meeting by a Heritage Planner, including but not limited to: an evaluation of the property’s cultural heritage value or interest using the criteria of O. Reg. 9/06 (Cultural Heritage Evaluation Report), a Heritage Impact Assessment, fully sized and scaled site plan and elevation drawings, a title search, structural assessment, and/or engineering reports;
d) Upon receiving the notice of intention to demolish, and accompanying plans and information, the Heritage Planner will determine if the submission is complete and will issue, in writing, notice of receipt of the request to initiate the 60-day review timeline mandated by Section 27(9) of the Ontario Heritage Act;
e) A notice of intention to demolish for a heritage property will not be deemed to be received or complete unless/until it is accompanied by any plans or information required by Heritage Planning staff, and as identified to the applicant in writing.
f) The Heritage Planner will notify the Building Division and the City Clerk’s Office of the notice of intention to demolish and provide any accompanying information received;
g) The Heritage Planner will schedule a public participation meeting and letters mailed out to property owners within 120 metres of the subject property advising of the notice of intention to demolish and to provide notice of the public participation meeting; notice of the request is also provided in The Londoner and on the City’s website;
h) The Heritage Planner will prepare a report for the Community Advisory Committee on Planning (CACP), with a recommendation either to remove the property from the Register of Cultural Heritage Resources or to designate the property under the Ontario Heritage Act, for the purposes of obtaining feedback from CACP on both the designation and demolition request;
i) The Heritage Planner will present a report, including the feedback from CACP, with a recommendation to remove the property from the Register of Cultural Heritage Resources or designate the property under the Ontario Heritage Act, and a recommendation with respect to the demolition request, at a public participation meeting of the Planning & Environment Committee;
j) Municipal Council will make the final decision on the designation and notice of intention to demolish:
i) If Municipal Council proceeds to designate the property under the Ontario Heritage Act, notice will be given in the manner prescribed in the legislation.
ii) If Municipal Council proceeds to designate the property, a decision will also be made with respect to the demolition, and notice will be given in the manner prescribed in the legislation.
iii) If Municipal Council does not proceed to designate the property, the property may be removed from the Register of Cultural Heritage Resources, and no decision with respect to the demolition will be required.
k) An applicant (property owner or authorized agent) may object to the inclusion of a property on the Register of Cultural Heritage Resources pursuant to Section 27(3), Ontario Heritage Act. The same general process, including plans and information that may be required, as a demolition process will be followed but in accordance with the timelines prescribed in the legislation.
4.2 Buildings or structures on properties designated under Parts IV and/or V of the Ontario Heritage Act:
a) The applicant (property owner or authorized agent) contacts a Heritage Planner to notify staff of their intention to demolish the building(s) on their heritage designated property and to schedule a pre-consultation meeting;
b) Notice of intention to demolish or remove a building or structure from a designated property is made by the applicant, by completing an application form for a Heritage Alteration Permit, and provided to a Heritage Planner;
c) The Heritage Alteration Permit application is accompanied by such information as Municipal Council may require, identified at the pre-consultation meeting by a Heritage Planner, including but not limited to: a Heritage Impact Assessment, fully sized and scaled site plan and elevation drawings, a title search, structural assessment, and/or engineering reports;
d) Upon receiving the application, and accompanying information, the Heritage Planner will determine if the submission is complete and will issue, in writing, the notice of receipt of the application to initiate the review timeline mandated by Section 33(4) and 42(4) of the Ontario Heritage Act;
e) A notice of intention to demolish for a heritage property will not be deemed to be received or complete unless/until it is accompanied by any plans or information required by Heritage Planning staff, and as identified to the applicant in writing.
f) The Heritage Planner will notify the Building Division and the City Clerk’s Office of the notice of intention to demolish and provide any accompanying information received;
g) The Heritage Planner will schedule a public participation meeting and letters mailed out to property owners within 120 metres of the subject property advising of the notice of intention to demolish and to provide notice of the public participation meeting; notice of the request is also provided in The Londoner and on the City’s website;
h) The Heritage Planner will prepare a report for the Community Advisory Committee on Planning (CACP),with a recommendation to either: approve the Heritage Alteration Permit, refuse the Heritage Alteration Permit, or approve the Heritage Alteration Permit with terms and conditions;
i) The Heritage Planner will present a report, including the feedback from CACP, with a recommendation to either: approve the Heritage Alteration Permit, refuse the Heritage Alteration Permit, or approve the Heritage Alteration Permit with terms and conditions, at a public participation meeting of the Planning and Environment Committee;
j) Municipal Council will make the final decision on the Heritage Alteration Permit in accordance with the legislated timeline, and either:
i) consent to the application;
ii) consent to the application, subject to terms and conditions as may be specified by the Municipal Council; or,
iii) refuse the application; and,
shall provide notice of decision and appeal rights, in accordance with the legislated requirements.
Please be advised that buildings or structures removed or demolished without the approval of the Municipal Council will result in prosecution or other enforcement in accordance with the Ontario Heritage Act, R.S.O. 1990, c. O.18.
This policy is to be used only as guidance to owners wishing to demolish buildings or structures on heritage property and does not constitute legal advice. This policy is to be used in conjunction with the legislated requirements of the Ontario Heritage Act, R.S.O. 1990, c. O.18, to provide direction with respect to internal procedures.