An Ontario Municipal Board Decision Presides Over The Destruction Of the Port Dalhousie Heritage District – Leaving More than 90 Heritage Districts Across The Province Vulnerable

 (This article, shared with Niagara At Large from a leading resident in Port Dalhousie, may give those fighting a similar high-tower condo project in the Crystal Beach area some idea of the odds they are up against.)

By Carlos Garcia

Ontario’s dismal record of failing to preserve our heritage is about to get worse – much worse.

Port Dalhousie, from across the harbour, as it looks today, but apparently not for much longer.

The landmark Ontario Municipal Board (OMB) decision to allow a 20-storey height condo tower in Port Dalhousie’s low-rise Heritage Conservation District (HCD) means every one of over 90 HCDs in the province is now vulnerable to towers and inappropriate development.

The volunteer community organization PROUD Port Dalhousie’s epic struggle to preserve the heritage of Port Dalhousie included: City and Regional Council meetings, OMB pre-hearings, a failed OMB mediation, and a 71-day marathon OMB Hearing. The City of St. Catharines and PROUD put forward a very strong OMB case, supported by leading expert witnesses and provisions of  the Provincial Policy Statement and City’s Official Plan, Zoning By-Law (3-storey height limit) and Heritage Guidelines.

Despite this Herculean effort, OMB Vice-Chair Susan Campbell claimed to strike a balance between the Planning and Heritage Acts and approved the proposal in almost its entirety (the OMB had NEVER before approved a tower in a designated HCD). PROUD then requested a review of the decision arguing that, contrary to Campbell’s ruling, the HCD Plan had the elevated status of the 2005 revision to the Heritage Act and, accordingly, Council “shall not …pass a by-law for any purpose that is contrary to the objectives set out in that plan”.

In an ironic twist, then OMB Chair Marie Hubbard ruled that the Plan did have elevated status but she agreed with Campbell that the tower proposal did not contravene that Plan. This despite testimony from five leading heritage experts that the proposal did contravene the plan.

Another parting shot of the Port Dalhousie Heritage District.

The OMB supported the developer’s arguments that the Plan was not specific enough in stating that the height of new construction should not exceed that of existing buildings. In doing so, they ignored expert David Cuming who drafted the Heritage Guidelines and was very clear in his testimony that the intent was not to allow higher buildings (who can know more about the intent of the Guidelines than the author?). If the Board felt the Plan was not specific enough, should it not have erred on the side of caution?  Is it possible to imagine that ANY heritage expert would have drafted a Plan that did allow condo towers in a historic 19th century village?

The full process from beginning to end will have cost PROUD volunteers and the community over half a million dollars -and this does not include the thousands of hours donated by so many. This was only possible because so many hundreds in the community were committed to saving Port Dalhousie and participated in the countless fundraising events as well as donated generously. In fact, according to other volunteer organizations across the Province, what the citizens of St. Catharines accomplished, in professionally participating in this process to the end, and raising the funds, is unprecedented. 

Where was the Ministry of Culture (Heritage) during this 5-year battle? Nowhere to be found. The Ministry failed to support its Heritage Act. They responded to the Region’s request for comments without making the effort to visit the site. They then did not offer to testify in support of their comments or otherwise try to advance the case that the City and the community were left alone to defend.

The implications for other HCDs are very ominous indeed. It is cold comfort that, following Hubbard’s review, all existing HCD plans can now claim to have the elevated status of the 2005 Heritage Act. Unless the plan is absolutely bullet-proof, and peer reviewer Michael McClelland, testifying for the developer under subpoena at the OMB hearing stated Cuming’s Plan was already one of the best he had seen, developers will be able to argue their proposals do not contravene. The OMB can then accept the developers’ arguments as it “strikes a balance”. Throw in a claim of economic benefits and revitalization, and the Port Dalhousie precedent, and OMB approval is almost guaranteed.

Two major changes are needed if Ontario’s remaining heritage is to be saved: OMB reform and proactive intervention by the Ministry of Culture. The Ministry of Municipal Affairs needs to rein in the OMB and make it clear that in matters affecting designated buildings and districts, the Heritage Act and plans take precedence. The Ministry of Culture needs to use its powers decisively including stopping demolitions and designating threatened buildings. Only then will we have appropriate development that truly revitalizes, increases heritage tourism and provides an adequate return to developers.

(Carlos Garcia is a long-time community volunteer and heritage advocate. He is also a Regional Councillor for St. Catharines.)

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