What is Designation under the Ontario Heritage Act?

Designation is:

• Designation is a tangible way for the owner to express pride in the heritage nature of the property. From the community's perspective, designation helps in the protection and preservation of its architectural history.
• A legal process under the Ontario Heritage Act that gives a property a special status based on the passing of a Municipal bylaw.
• Designation is registered on the title of the property when the process is complete.

Remember:

• At all stages of the process, the owner retains control of the property.
• Designation does not prohibit, restrict in any adverse way, or affect the sale of the property.
• Designation does not restrict the use of the property.
• Designation does not prohibit the development or alteration of the property, but approval from Municipal Council is required if changes to the "designated" features of the property are contemplated.

Guidelines for Designation

Designation is not a scientific process requiring adherence to a fixed set of criteria. It is a collective judgment of the members of the Municipal Heritage Committee, Heritage Chatham-Kent, following a number of well established characteristics. These characteristics are grouped and assessed within three specific categories; Architectural design, History, and Context. Within each of these categories, environment, usability, and integrity are also considered when assessing the proposed designation.

Some of the characteristics established for each designation are:

• The age of the building or structure. Note: the size of a building is not a factor in determining whether it should be designated.
• The extent to which a building reflects a recognized academic architectural style of the period.
• The building is the work of a significant or prominent architect; municipally, provincially, or nationally.
• The building or site is associated with the life or activities of a person, group, organization, or institution that has made a significant contribution on the community, province, or nation.
• The building or site is unique. Example; North Buxton's No. 13 Raleigh Schoolhouse.

Advantages of Designation

Designation provides understanding and respect for our precious heritage resources; a cultural or natural asset visible to everyone, and brings identity and distinctiveness to our community.

Designation enhances community renewal and development objectives and contributes to local quality of life and economical development.

From time-to-time, grants, loans programs, or other provisions may be available to designated properties. Heritage Chatham-Ken (MHC)t continually monitors these programs and can advise Council on their implementation. The authority to offer these programs rests solely with the Council.

Heritage Chatham-Kent (MHC) can provide owners of designated properties with sources of information, contacts, and advice to assist them with their conservation questions.

The designation follows the property, not the owner, virtually providing assurance that the heritage value will continue to be respected and available for the appreciation of generations to come.

It has been estimated that the rehabilitation of older buildings consumes approx. 23% less energy than new construction; therefore, the drain on renewable and non-renewable resources is significantly lower than for new construction.

The conservation of designated properties reduces the strain on dump and landfill sites where up to 60% of available space is currently filled with demolition and construction waste.

Owners Responsibility

If you own a Designated property, you must:

• Seek Council approval, in consultation with the LACAC, for any alterations to the property that affect the "Statement of Reasons for Designation" and/or the Designation Bylaw. Dialogue is essential to finding a realistic and mutually beneficial solution that will satisfy both the owner's needs and yet retain the significant architectural and historical components of the property in question.
• Seek Council approval, in consultation with the LACAC, for any demolition of formally designated structures.
• The new owner of a designated property must advise the Clerk within 30 days of the change of ownership of a designated property.
• Although not expressly stated in legislation, it is implicit within the designation that it is the responsibility of the owner to try to maintain the property with its heritage features; specifically those described within the "statement of Reasons for Designation" and/or the Designation Bylaw.

The Designation Process

In summary, the process is as follows:

• Heritage Chatham-Kent reviews the Request for Designation submitted by the property owner
  or
• Heritage Chatham-Kent may approach the property owner regarding possible designation.
• If applicable, the Request for Designation is reviewed.
• The property or structure to be designated is evaluated using an established set of criteria. The reasons for designation" are clearly defined.
• Heritage Chatham-Kent makes the final decision on whether the to advise the Chatham-Kent Council to proceed with the designation. Final approval always rests with the Council.
• If Heritage Chatham-Kent determines the designation should proceed to Council, a "Property Designation Report" is developed which details the historical, architectural, and contextual elements of interest for the purpose of designation. This report is forwarded to Council with a recommendation to designate all elements listed in the "reasons for designation" under the Ontario Heritage Act.
• Council either approves or disapproves the proposed designation and the owner is notified of this decision.
• A Municipal Bylaw is drawn up defining the designation on the property.
• Notification of intent to designate is placed within the newspaper to inform the citizens of the municipality of the intent of the property owner, and to give opportunity to comment or oppose the proposed designation.
• Given there is no opposition from the citizens of the municipality, the designation is finalized. The property owner is notified of the completion of the process.
• The property is added to the Ontario Heritage Property Database which can be accessed through the internet from the link provided in this site.

Worldwide Accepted Heritage Guidelines for Historic Properties

Respect for Documentary Evidence

• Designation and restoration should be based on research, not speculation.
• Photographs, drawings and physical evidence are preferred information sources.

Respect for Original Location

• Moving a building should be a last resort.
• A change in site significantly reduces the historical and architectural value of a building.

Respect for Historic Material

• Repair and conservation are strongly encouraged with limited replacement of materials only as required and deemed absolutely necessary.

Respect for the Buildings History

• Restoring a building to one period at the expense of another changes the integrity of the evolution of the historical structure.
• When later additions are destroyed in an effort to restore a building to a specific period, in fact this destroys the evidence of historic evolution.

Reversibility

• If alterations are effected in a manner that retains the original design and technique is respected, it is easily returned to its original condition at a later date.
• Original material might be removed, numbered, and protected for later restoration.

Legibility

• New work should not be made to appear exactly as the old. It is important to be able to distinguish between new material and workmanship from the original. In this manner, evolution of the building is discerned.

Maintenance

• Regular maintenance is the best method to postpone the need for restoration, avoiding possible costly restoration work.

For more information please contact CKplanning@chatham-kent.ca