On September 21st, LACAC Thorold designated the picturesque Williams-Daboll House and its magnificent Carolinian white oak under the Ontario Heritage Act.
Come November, the stately McFarland House in Port Robinson will also join the list of Thorold’s fifty-four designated heritage properties. Thorold City Council is set to pass the by-law regarding 18 River Street on October 1st, and once thirty days have passed, the ceremony can go ahead.
These occasions are always celebrated with much enthusiasm, but the question has come up whether the various steps and waiting periods connected with the designation process cause any anxiety. The answer, in a nutshell, is yes. A little. Changes to the Ontario Heritage Act in recent years impose a time limit on the length of the procedure from the Notice of Intent passed in Council to the formal declaration. This puts additional stress on City Staff to post the notices, to draft the by-law, present it to Council, and observe the two thirty-day waiting periods during which the process can be appealed.
While the possibility of an appeal sounds daunting, this typically only happens in rare hostile designation scenarios where the owners have not consented, or in situations where a designation is attempted for the purpose of preventing an already planned development. Even in the case of valid reasons for such attempts, most councils are hesitant to pass Notice of Intent under these circumstances. Knowing the odds, LACAC hardly ever takes on those projects.
A random appeal of a Notice of Intent or by-law during a straight-forward designation would certainly be nerve-wracking, but also pointless. By the time City Council initiates the process, the owners of the property in question are on board, and the site has been proven to fulfill the necessary criteria for protection under the Heritage Act by a CAHP (Canadian Association of Heritage Professionals) member. There are no grounds to object to the designation of someone else’s property if these conditions are met. If heritage committees feel the pressure while the process goes through its stages, it is because timing is crucial and correct procedure must be followed.
Most of our worrying, and hoping, happens much earlier in the game, when the owners of a heritage property are still on the fence whether to designate or not. The heritage committee doesn’t make that decision, the owners do. And sadly, ‘will they or won’t they’ often ends in disappointment. Many of Thorold’s historic buildings are not designated, including several of our most significant ones. In some cases, LACAC’s inquiries are answered with a flat-out ‘no’, in others there is interest, but deep-seated misconceptions about heritage designation win out — at least for the time being. While this doesn’t cause sleepless nights, it certainly causes concern. Our architectural heritage might stand proud, but like our natural heritage it can be destroyed in a heartbeat. Our mandate is to work towards preserving our city’s identity and ensuring its sustainability for future generations. We cherish the rewards, but moments of anxiety come with the territory.
Any historic property owner who wishes to relieve our angst is very welcome to get in touch through City Hall at 905-227-6613.
Anna O'Hare is the chair of the Heritage Thorold LACAC committee.
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