Ontario municipalities have a number of planning and development
management tools at their disposal. One of the most powerful is
their ability to designate a Heritage Conservation District
("HCD") under Part V of the Ontario Heritage Act
(the "Act") and then create a corresponding Heritage
Conservation District Plan ("HCD
Plan").1 Developers and property owners in
a proposed HCD should take note.
For property owners and developers, an HCD Plan, once in force,
can be a significant obstacle for which there is no appeal or
ability to amend. An HCD Plan may contain provisions which make it
difficult to demolish, expand, or alter existing buildings, which
inherently limits the development potential of properties
within an HCD. As municipalities expand the scope and usage of HCD
Plans, it is important that owners and developers understand the
HCD process and participate from the outset of the public
consultation process.
