The Building

Walker Power does not agree that the Part IV designation should be applied to 325 Devonshire.

The principals of Walker Power have spared no expense to create a beautiful structure that presents harmoniously with the surrounding neighborhood and dignifies the Riverside Drive traverse.

But it is manifestly unfair that Walker Power poured endless resources into this acquisition without ever being alerted by the City of its plans to restrict future development at this site. On the contrary, Walker Power was assured that this would not happen. Walker Power stripped the structure to its bones, redesigned and re-built this masterpiece without the oversight of the historical features by the City. Walker Power may have drawn completely different plans had it known at the outset that the site would be subject to oversight that could restrict the parameters of their future development.

The Ontario Heritage Act

The OHA provides municipalities with the power to designate properties to be of historic or architectural or cultural value or interest in order to protect and preserve the heritage of Ontario. However, this purpose must be balanced against the individual property rights of land owners. With careful planning, both interests can be maintained.

In this instance, the time for such planning is long past and there is now great prejudice to the individual property rights of Walker Power. The discretion to designate must be exercised within the boundaries imposed in the statute, the principles of the rule of law, administrative law and the fundamental values of Canadian society.

Further, in my respectful submission, the practice of designating as a heritage property every property that has a conservation easement is curious. The OHA demands an analysis that balances competing principles. The OHA contains distinct provisions to offer various protections. In the case of Walker Power, there is already a conservation easement and a reference plan. It was the Ministry’s recommendation that there be a conservation easement for the turntable, nothing else.

The Chilling Effect

The zealous approach to this designation in light of the history of Walker Power’s relationship with the City may well result in the unintended consequence of dampening any prospect of show-casing this feature as the extraordinary costs and risks now associated with doing so will be greater than simply burying the artifact for all time under concrete.

Insistence on using every shackle of protection in a heritage planner’s toolbox will have the deleterious effect of stifling the celebration of the very heritage everyone seeks to preserve and a