Heritage Permits

Heritage home leave carving detail

If you want to make changes to a designated property, you will be required to submit a Heritage Approvals Application under the Ontario Heritage Act. A property can be designated individually as part of the heritage registry or as part of a heritage conservation district.

Heritage Approvals Application General Information

Why do I need a Heritage Approvals Application?

Heritage Approval is required to undertake changes to designated properties because of their historic or architectural significance under the Ontario Heritage Act. Properties are either designated individually under Part IV of the Act or are designated within a Heritage Conservation District under Part V of the Act.

A designated property is defined in the Act as real property and includes all buildings and structures on the real property not just the building façade. The Ontario Heritage Act outlines the process by which it is ensured, that any changes to a designated property do not alter the property in such a way that the reasons for designation are diminished.

Internal changes to a building on a designated property do not normally require a Heritage Approval if the alterations do not affect the external appearance of the designated property. An exception to this is individually designated properties whose designation By-law outlines specific interior or exterior elements to be preserved.

This process is not designed to prevent alterations to heritage buildings, but to guide change in the best way possible, considering heritage attributes that might be impacted.

When is a Heritage Approvals Application required?

There are two types of Heritage Approvals Applications:

Heritage Structure Approval - construction, additions, alterations, demolition, new colours, new windows, doors, lighting, brick work and all applicable exteriors including roofs.
Heritage Sign Approval - construction, location, alteration, dimensions, colours, lighting and fonts of signs and lettering.

For a copy of our Heritage Approvals Application form, please contact planning at 905-885-2431 or by email.

Is there a fee for the Heritage Approvals Application?

There is no fee for a Heritage Approvals Application.

Heritage Advisory Committee

The Heritage Advisory Committee meets every third Monday of the month, unless there is a holiday in which then the meeting gets pushed to the following Monday.

Chair: Todd Attridge

Members:

Karen O’Hara
Diedre Gardner
Yvonne Rogers
Mike Whelan
Thomas Balatka

Do all Heritage Approvals Applications need to be reviewed by the Heritage Advisory Committee?

On November 19, 2019, the Council of the Corporation of the Municipality of Port Hope passed By-law 75/2019 delegating certain powers and duties to various departments and committees. In the case of the Heritage Alterations Applications, Council delegated to the Planning Manager and registered Professional Planner and/or Delegate the following classes of alterations to designated heritage properties pursuant to sec. 33 and 42 of the Ontario Heritage Act:

Paint colours
Signs
Awnings
Brick Repair/ Repointing

All other alterations to designated heritage properties require consultation with the Heritage Advisory Committee.

Do I need to apply for a Building Permit after receiving approval for my proposed alteration?

Applicants are requested to confirm their plans with Building Services to determine if a Building Permit is required. Building or Sign Permits will not be issued by the Building Division for designated properties before Heritage Approval is obtained.

Please note that a Heritage Approvals Application does not supersede the requirements of the Ontario Building Code, the Municipal Act, or the Planning Act and all other applicable law.

Heritage Approvals Application Process

Step 1: Consult with the Planning Division

It is recommended that the applicant consult with the Planning Division prior to submitting an application. The Heritage Advisory Committee members, through staff, can be available to advise and make site visits prior to the submission of an application.

Step 2: Submit Application

Please complete the Heritage Approvals Application and submit it to the Planning Division.

All applications must be submitted by 4:30 p.m. on the first Monday of the month (two week prior to the meeting) in order to be reviewed by the Heritage Advisory Committee.

Heritage Permit Application

Step 3: Application Review

Applications will be reviewed by the Planner to ensure it is complete. If the application is incomplete, it will be returned to the applicant with notes. Once an application is deemed complete, it will be reviewed by the Heritage Advisory Committee at the monthly meeting.

Step 4: Attend Heritage Advisory Committee Meeting

At the earliest meeting of the Heritage Advisory Committee, the Committee will either recommend approval or refusal of the application. The meetings are held every third Monday of the month unless there is a holiday in which case it gets pushed to the following Monday.

Applicants are strongly recommended to attend the Committee meeting to take part in the review process and address questions and/ or concerns of the Committee.

Step 5: Application is Approved/Denied

Once an application is recommended for approval, the applicant may proceed with their proposal and if applicable, apply for a Building Permit.

If the Committee recommends denial, the applicant can elect to appeal the Committee’s decision to Council. Planning staff will assist with the appeal process of an application recommended for denial.

Current Heritage Permit Applications

2024-01: 121 Cavan Street

On March 19, 2024, the Municipality of Port Hope Council approved a Heritage Permit Application, with a condition, to permit the demolition of Block 2 of the structure located at 121 Cavan Street as per the recommendation of a structural assessment. The Heritage Permit is subject to the condition that a municipally contracted engineer be on-site during the demolition to ensure compliance with provisions of the demolition permit issued for Block 2, ensure that the demolition does not exceed the order and preserves elements of the structure that do not pose a threat to public safety. The Heritage Permit was issued under Section 34 Demolition or Removal under Part IV of the Ontario Heritage Act.

It is the applicant’s responsibility to ensure that any other necessary approvals such as a demolition permit have been obtained and that all applicable zoning provisions are adhered to. As per the Ontario Heritage Act, the owner of the property may appeal Council’s approval of a heritage alteration permit with conditions within 30 days after the owner received notice of Council’s decision. An appeal is made by giving notice of appeal to the Ontario Land Tribunal and to the clerk of the municipality. This notice of appeal must outline the objection and the reasons in support of it. It must also be accompanied by the necessary fees as outlined by the Tribunal. If a notice of appeal is given in the specified time frame, the Tribunal will (unless an approved motion of dismissal is passed) hold a hearing. The decision of the Tribunal is final. If you have any questions, please contact the Claude Sevigny Chief Building Official.

2023-12: 65 Ward Street

Status Updates

November 2024 - Update on Court Proceeding

Update from the Municipality on the Ontario Court proceeding related to 65 Ward Street

Read the update

February 2024 - OLT Update

Ontario Land Tribunal has granted the request by Thomas Sanderson to adjourn the Hearing scheduled to commence on March 6, 2024 regarding the heritage permit application to demolish the three buildings at 65 Ward Street.

Southbridge’s legal counsel Thomas Sanderson filed Notice of Motion seeking leave from the Divisional Court to appeal the motion decision of Members Colbourne and DeBoer of the Ontario Land Tribunal, issued on February 20, 2024.

A new date for the hearing has not been scheduled yet. Please refer to the Adjournment Letter issued by OLT on February 27, 2024.

January 2024 - OLT Update

As per the previously communicated schedule, a second Case Management Conference (CMC) was held by video on January 23, 2024 and the decision regarding this motion was to be delivered during this meeting.

The initial part of CMC meeting had the members of the OLT render an oral decision denying the motion requested by the appellant regarding the previously approved demolition permit and indicating that the appeal will move forward as originally filed. More information is provided in the written decision from the OLT issued on February 20, 2024.

The second portion of the meeting was for administrative preparations for the upcoming hearing dates. The hearing was previously set for March 6 – 8, 2024 and CMC meeting on January 23, 2024 confirmed those dates. The parties agreed to a timeline for the submission of the issues list whereby the Municipality and Southbridge identify the issues and other key dates in the draft Procedural Order. The parties agreed that they would advise the OLT if three days for the hearing scheduled for March 2024 is required, or if it may be reduced by one day.

Please refer to the OLT Decision for more details.

October 2023 - OLT Decision

Following the Case Management Conference (“CMC”) conducted by video on Friday, October 13, 2023 at 10:00 a.m. regarding 65 Ward Street of OLT File OLT-23-000729, the Municipality of Port Hope has received a written Decision from the Ontario Land Tribunal (OLT). The Decision sets out the motion requested by the Appellant regarding the previously approved demolition permit, list of people who were granted participant status and timelines for the future hearings. Key dates include:

Hearing for the Motion (by video): November 23, 2023 at 10 am
Second CMC (by video): January 23, 2023 at 10 am
3-day Hearing of Merits (by video): March 6-8, 2024 at 10 am

Please refer to the OLT Decision for log in credentials.

For any additional information or questions concerning this OLT Appeal or the hearing, please contact the Tribunal Case Coordinator: Hanh Dang at hanh.dang@ontario.ca or the OLT website concerning File OLT-23-000729.

READ FULL DECISION

July 2023 - OLT update

On Friday, July 28, 2023, the Municipality of Port Hope received a package of appeal to the Ontario Land Tribunal (OLT) regarding the Heritage Permit Application for 65 Ward Street. The appeal has been requested by the Miller Thomson LLP on behalf of the property owner.

In accordance with the provisions of the Ontario Heritage Act R.S.O. 1990, c. O.18, the property owner appealed the “refusal of an application by the Council of Port Hope,” with respect to their heritage permit application to demolish 3 buildings on a heritage designated property.

Under the Ontario Heritage Act, the property owner is entitled to appeal a refusal to OLT within 30 days of the day the owner receives the notice of decision of the heritage permit application by the Municipality.

Staff have engaged municipal legal counsel to assist in the next steps of the appeal and are preparing a “Record” to submit to OLT, which is a requirement of the process. These materials include standard administrative forms, the application, all associated documents, all correspondence and public meeting records.

Upon receipt of the Record, OLT will, in due course, schedule a Case Management Conference (CMC) and provide direction to the Municipality about the details of CMC.

As a result of the appeal, the decision on the heritage application made by the property owners now rests exclusively with OLT. Further, members of Council are not in a position to engage with residents about this matter while it is under appeal.

Additional details regarding the appeal will be updated on municipal website in future once information related to the appeal is returned to the Municipality from the OLT.

For questions, contact the Planning Division or call 905-885-2431

About the Ontario Land Tribunal

The Ontario Land Tribunal (OLT) adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, and related matters. Appeals that come before OLT are identified through policies found in the Planning Act, Aggregate Act, Heritage Act, Municipal Act, Development Charges Act and Expropriations Act.

Visit the OLT website for more details about the OLT process.

August 2023 - Appeal Acknowledgement Letter

The Municipality has received a letter of acknowledgement from the Ontario Land Tribunal regarding the appeal. The file has been assigned to Hanh Dang, Case Coordinator/Planner. For specific questions about this case, you may contact the Case Coordinator/Planner at 437-994-0521 or hanh.dang@ontario.ca.

Case Number: OLT-23-000729
As of August 11, 2023, no hearings have been scheduled for the case.

For general information concerning the Tribunal, visit the OLT website at or you may contact the Tribunal’s offices at (416) 212-6349. You may wish to obtain a copy of the Ontario Land Tribunal appeal guide relevant to your situation. The guide will assist in the understanding of Tribunal matters and its processes. Publications are available on the Tribunal’s website or by calling the Tribunal’s offices.

September 2023 - Update OLT Appeal (CMC)

OLT Case Management Conference (“CMC”) by video

Case Name: Southbridge Health Care GP Inc., CVH (NO. 6) GP INC., CVH (NO. 6) LP v. Port Hope (Municipality)

The Municipality of Port Hope has received formal notice, that the Ontario Land Tribunal (“Tribunal”) will conduct a Case Management Conference (“CMC”) by video on Friday, October 13, 2023 at 10:00 a.m. regarding OLT Case Name: Southbridge Health Care GP Inc., CVH (NO. 6) GP INC., CVH (NO. 6) LP v. Port Hope (Municipality), Case Number OLT-23-000729.

Please refer to the OLT CMC Notice for further details. This Notice provides details for the meeting, video participation details as well as CMC and tribunal rules. It sets out specific time frames and deadlines for all aspects of this CMC. It also describes document submission requirements and other directions.

Persons other than the appellant/applicant, municipality who wish to participate in the proceeding, either as a party or as a participant, are required to file a Party Status Request Form or Participant Status Request/Participant Statement Form with the assigned Tribunal Case Coordinator to outline their interest in the proceeding.

Party or participant status request

The Party Status Request Form and Participant Status Request/Participant Statement Form are available on the Tribunal’s website and are to be used to assist with the preparation of the request. If you are requesting status, this form must be provided at least 10 days in advance of the CMC to:

The assigned Tribunal Case Coordinator Hanh Dang.
The municipality and/or the approval authority on the same day as it is emailed to the Case Coordinator.
The Applicant and the Appellant(s) on the same day as it is emailed to the Case Coordinator.

The contact information for the parties is included in Schedule A of the OLT CMC Notice.

For any additional information or questions concerning this OLT Appeal or CMC, please contact the Tribunal Case Coordinator/Planner: Hanh Dang or the OLT website.

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