Quote:
Originally Posted by TheHonestMaple
Surely the developer would know that the city (and other groups) are going to push back and ask that the historical building be integrated into the development. It makes you wonder, do developers go all in with their first submission - proposing to demolish, so that they can get away with, say, just integrating maybe the front entrance columns into the design. Rather than having to save the whole thing. The groups who want to save it will probably settle with that.
This also does bring up an issue that has been bugging me for some time. Do developers owe the public a duty to preserve historic structures? If the owner bought the old church building and property, and it is entirely theirs, why do we have the right to somehow prevent them from doing whatever they want with it? It's theirs, should they be able to do with it what they please?
If I bought a house, and there was some sort of ugly shed in the backyard that I didn't like, can I not remove it? It is mine after all. Can TheRitsman start a petition and lobby city hall to stop me from removing it? What gives him the right?
For the record, I am very much in favour of preserving historical buildings... including this Church. I would actually support a petition to save it. This is just something that's been on my mind. At what point can a petition like that be considered unfair interference?
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This is all well established case law and the government absolutely has rights in this regard. It's the whole reason things like zoning exist. There are limits, but basically short of banning all sorts of economic activity on a site ("expropriation without compensation"), the government can place many, many restrictions. Something like heritage protection is a very well established thing which is very implementable, though it does have its limits. Oakville tried to make a specific
use heritage with the Angus Glen golf course, rather than a structure, and I suspect that would have been stuck down in courts had it gotten to that point.. but Steve Clark convinced the developers to cancel the project before it got there.
I suspect the developer is making an initial salvo without heritage retention here. I hope they manage to save it.
I hope we don't end up with a 1-2 punch, first here, then with Tivoli a bit later..