Council Approves Staff Recommendation to Add 795 Brant St. Property to Municipal Register of Cultural Heritage Resources

At our June 21 meeting, Burlington Council approved the staff recommendation to add the property at 795 Brant St. to the Municipal Register of Cultural Heritage Resources and authorize staff to negotiate for the building's conservation.Here is the full motion approved by Council:

• Direct the Director of Community Planning to add 795 Brant Street to the Municipal Heritage Register and provide notice to the owner of the property within 30 days, pursuant to section 27(5) of the Ontario Heritage Act, R.S.O. 1990, c. O.18; and
• Authorize the City Clerk to take necessary action if there are any objections in accordance with Section 27(7) of the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18; and
• Direct the Director of Community Planning to contact the property owner to discuss the conservation of the original portions of the 2-storey masonry building on the property as part of a future development; and
• Direct the Director of Community Planning to retain a qualified heritage consultant to complete a third-party heritage evaluation and a statement of significance of 795 Brant Street.

Council also approved the following:

• That Council waive privilege and direct the Executive Director and Corporation Counsel to release the handout circulated in Closed Session on June 21 2022 entitled “Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources” and that the Supplemental Memorandum L-31-22 remain for all purposes subject to solicitor-client privilege.
• NOTE: The following is “Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources”:
  • Release of Information re: L-31-22- Eligibility of 795 Brant Street for Inclusion on Municipal Register of Cultural Heritage Resources
  • Background – The Heritage Act
    • Council’s authority to protect properties of heritage value within the municipality is provided by the Ontario Heritage Act (“Heritage Act”). The Heritage Act provides for the conservation, protection and preservation of heritage on a property through two levels of protection. Subsection 27(3) authorizes Council to “list” a property on the municipal heritage register where Council believes a property to be of cultural heritage value or interest subject to following the procedural requirements. Where a property is listed, the property owner must provide Council with notice in advance of demolishing buildings or structures on the property. Section 29 provides Council with the authority to designate a property to be of cultural heritage value or interest where the property meets the prescribed criteria and the statutory process is followed. The property owner cannot alter, remove, or demolish a designated property without the consent of Council.
    • Members of the public can object to the listing of a property, but there is no right to appeal the listing. Members of the public can appeal the designation of a property to the Ontario Land Tribunal (“OLT”) as along as the individual has met the procedural requirements.
    • Discretion to List and Designate Properties
      1. The Heritage Act does not obligate Council to list and/or designate a property. Rather, the authority of Council to list and designate properties is permissive and discretionary. Caselaw has indicated that the exercise of authority under these sections is discretionary but that discretion must be exercised in accordance with the purpose of the Heritage Act, namely to protect and conserve heritage resources. Caselaw has also identified that a policy that requires the consent of a property owner to designate the property is contrary to the purpose set out in the Heritage Act and an unlawful fettering of Council’s authority.
    • Liability Arising from Listing or Designating a Property
      1. Listing or designating a property does not give rise to liability for the City where the decision to do so is exercised in accordance with the procedural and substantive requirements of the Heritage Act and the decision is made in accordance with the purpose of the Heritage Act. Where Council has reason to believe a property has cultural value, it is within its lawful authority to list the property. Where Council has evidence that a property meets the prescribed criteria for designation, it is within its authority to designate the property.
      2. The Heritage Act provides the mechanism to challenge the designation of a property through an appeal to the OLT, where the merits of the designation can be tested against the requirements of the Heritage Act.

The purpose of the staff report was to provide Council with analysis and background information regarding a March 9, 2022, Heritage Burlington Committee (the “Committee”) recommendation to add 795 Brant Street to the Burlington Municipal Register of Cultural Heritage Resources (the “Register”).The William Ghent/Jabez Bent House is a 168-year-old, two-storey brick farmhouse associated with a major historic farming operation by a significant local family. The staff report refers to the property as the William Ghent/Jabez Bent House after the original builder Jabez Bent and subsequent farming operations by William Ghent. The report discusses the relevant decision history and heritage significance of the property.The building’s original form, scale and massing is intact, as is the original builder’s brickwork, fenestration andcomposition of the front and side elevations. Alterations to the building over time are reversible and the building is a candidate for adaptive reuse. Staff recommend that Council consider including the property on the Register and authorizing staff to negotiate for the building’s conservation.To read the full staff report, please click here: PL-44-22 Eligibility of 795 Brant Street for inclusion on the Municipal Register of Cultural Heritage Resources; and click here for all supporting documents related to the staff report.MY TAKE:I welcome all opportunities to protect and preserve Burlington’s built heritage. Heritage preservation and redevelopment can co-exist -- we’ve seen several examples in our city already where heritage buildings were incorporated into a redevelopment. This is a win-win for all.