Council defers heritage designation in response to owner’s concerns

ERIN – Council here has voted to defer one of five planned heritage designations following objections from a property owner.

The property, located at 72 Trafalgar Road in Hillsburgh, is home to the historic Century Church Theatre and is operated by the Erin Arts Foundation, a not-for-profit organization offering live theatre to the community. 

The property was considered for designation due to its long-standing history in the town of Hillsburgh.

Constructed in 1906, the building is considered a “representative example of a place of worship,” built with Italianate architectural influences.

The property is also associated with local carpenter Alexander Hyndman, who constructed the Grand Central Hotel in 1900.

The town received a letter from the property owner objecting to the designation of the property due to:

– severe constraints on theatre operations and accessibility;

– availability and affordability of liability insurance; and

– economic hardship to a cultural non-profit.

“The interior of the building is not listed as a heritage attribute in the heritage report or listed in Bylaw 2641,” town planning and development manager David Waters told council on July 23. 

“To address these concerns, the bylaw includes a statement excluding all interior spaces, structural framing, floors and theatrical operational areas from designation.”

To address insurance concerns for all potential heritage designated buildings, town staff curated a letter that can be sent on behalf of the property owner to their insurer. 

“This type of letter was found to be successful in the municipalities of St. Catharines and Grimsby and was recently introduced by Niagara on the Lake,” said Waters.

“Staff have also developed a draft homeowner guide collecting relevant provincial resources and related information specific to designated heritage properties.”

Councillor Bridget Ryan said a heritage plaque should be included in the designation as the plaques “are not that expensive” and showcase the town’s pride in its heritage buildings. 

Councillor John Brennan said, “Obviously, if costs go up for [the theatre] as a sort of non-profit organization, that’s going to be difficult.

“We’re not out to hurt people, we’re not out to cause people to have to jump through enormous hoops or pay through the nose for insurance.”

Brennan asked whether a designation could be reversed if a property owner was unable to obtain reasonable insurance.

“My understanding is that the owner would then have to approach council and request that the designation be removed and have to provide rationale for that,” said Waters. “But council can remove a designation.”

Waters stressed a designation can be removed for heritage reasons only, and not due to property insurance woes. 

Councillor Cathy Aylard echoed Brennan’s concerns. 

Councillor Jamie Cheyne said while there’s a lot of misinformation floating around and on social media, he understands the owner’s concerns about insurance coverage and costs.

However, Cheyne said it’s the role of council and the heritage committee to advocate for a property’s historical merits. 

“The problem, in theory, is not ours,” said Cheyne, quoting a member of the heritage committee. “The problem is insurance companies.”

“I don’t think we can force undue hardship on owners right now when everyone’s trying to make ends meet,” said Aylard.

“But I believe that we need these heritage buildings in our community, and there can’t be an easy out.”

Brennan suggested sending out letters to property owners with potential heritage designations to allow them to consult with their insurance companies, and then the town can exclude properties whose companies say they won’t receive coverage.

Mayor Michael Dehn asked whether the heritage committee could bring in companies to talk about insurance opportunities for heritage buildings. That would allow the town to provide owners with options for coverage if their current provider refuses. 

Ultimately, council decided to defer the designation of 72 Trafalgar Road for the maximum allowed time under the Ontario Heritage Act. The other four properties were designated:

• 2 Union Street;
• 5 Church Street;
• 81 Main Street; and
• 103 Main Street.