Heritage Conservation Districts

Heritage Conservation Districts (HCDs) are an important part of the heritage planning framework in Ontario and in many municipalities, including the Town of East Gwillimbury. HCDs serve to ensure that historically significant neighbourhoods and areas are protected and reflect the people of the Town as a place through its cultural heritage values and characteristics. HCDs are maintained so that every person within the Town, present and future, can appreciate and take pride in the Town's rich cultural heritage. By protecting our significant and historic neighbourhoods, we recognize the importance of our history and context of these areas in the context of growth and change.

An HCD is an area that is legally protected by a municipal by-law passed under Part V of the Ontario Heritage Act (OHA) by Council. HCDs are designated because the areas they protect are considered to be historically, contextually or culturally significant and require a heritage planning process to ensure that they are conserved. Within the boundary of an HCD, every property is subject to the HCD by-law. An HCD Plan directs how change and conservation should be managed.

What is an HCD Plan?

When Council passes a Part V designation by-law, a Plan for the Heritage Conservation District is adopted at the same time. An HCD Plan is a document that identifies the cultural heritage values of the district and provides clear objectives, policy direction and guidance on how to conserve them.

The HCD provides the Town direction on how to manage future change in a way that respects and retains the heritage attributes that make the district unique. A municipality reviews proposed changes to properties through the heritage permit process, which is described within the Plan.

An HCD is also an important resource for property owners. It can help property owners understand how their property contributes to the district and how to navigate the planning and permit application process.

What are 'contributing' and 'non-contributing' properties in an HCD Plan?

All properties within the HCD boundary are designated properties that are protected by and subject to the Part V designation by-law under the Ontario Heritage Act. In the HCD Plan, properties are evaluated and placed in one of the two categories. Contributing properties have buildings and/or structures that have heritage attributes that clearly reflect and relate to the history and unique character of a district. Non-contributing properties may consist of vacant land or a building that does not clearly support the district's unique character.

The HCD Plan has different policies and guidelines for contributing and non-contributing properties.

Does the HCD regulate the inside of my home?

No. An HCD Plan does not regulate the interior of any structure or building. Heritage permits apply only to exterior changes that may affect the heritage attributes of the property or the character of the district.

Can I renovate my property?

HCDs anticipate future changes to buildings and structures as a natural result of how communities grow and evolve. To address this, new construction, alterations and additions within the HCD boundary will require a heritage permit and will need to meet the policies of the HCD Plan, as well as other Town requirements.

The HCD is a tool to manage change. It is not intended to prevent or freeze a district. HCD policies and guidelines provide clear standards for conservation and ensure that future changes complement, rather than detract from, the district's unique character. 

Will I need a heritage permit for every change to my property in an HCD?

No. The HCD Plan identifies the types of alterations that are minor in nature and can be carried out without a heritage permit. Routine maintenance, such as repainting in the same colour, repairing an existing roof with the same materials, or general upkeep, does not typically require a heritage permit. Interior changes also do not require a heritage permit. For any proposed work, property owners are encouraged to consult with Town staff to confirm whether a permit is needed.

What happens if I want to demolish a building within an HCD?

The demolition or removal of a building or structure within an HCD requires a heritage permit under the Ontario Heritage Act. Council will review the application, taking into account the policies of the HCD Plan, the heritage attributes of the property, and the impact of the demolition on the character of the district.

Will a Part V by-law affect my ability to change the use of my property?

No. A Part V designation under the Ontario Heritage Act does not regulate the use of a property. Zoning by-laws regulate the use of land and where buildings and structures can be located. If an owner would like to rezone (change) the use of a property, an application is required under the Planning Act. If a rezoning involves alterations to the exterior of the building that is visible from the street, the alterations may require a heritage permit.

Will the HCD allow for diversity of the housing stock?

There is a variety of housing type options already allowed within different neighbourhoods in the Town and will continue to exist within the HCD designation, such as single family dwellings, secondary suites within existing structures, townhouses, etc. These types of housing options can be accommodated within existing structures or through additions or new builds in a way that still conserves the heritage value of the area.

How does an HCD Plan work with Zoning By-laws?

Zoning by-laws implement the Official Plan's land use policies. They are legal instruments that set the required standards for obtaining a building permit. Zoning by-laws regulate the use of land and where buildings and structures can be located. They regulate building heights, densities, setbacks, parking requirements and other important aspects of development. If a conflict exists between an HCD Plan and a zoning by-law that affects the HCD, the HCD Plan prevails to the extent of the conflict. However, in all other respects, the zoning by-law stays in full force.

Is the height of new development restricted by an HCD?

The overall height of a new development or additions to existing structures is governed by other planning tools such as the Official Plan, Secondary Plans and zoning by-laws applicable to the HCD. The HCD Plan focuses on creating compatibility between new developments or additions and the existing fabric within the district. The objective is for new development and additions to fit harmoniously within the heritage context while conserving the district's attributes.

Does HCD designation affect my property value?

Property values are determined by many factors. Studies across Ontario and other jurisdictions have generally found that properties within Heritage Conservation Districts tend to maintain or increase in value compared to similar properties outside of designated areas. HCD designation can contribute to neighbourhood stability, consistent streetscape character, and the appeal of the area to prospective buyers.

Will a heritage designation of my property affect my insurance premiums?

Both the Ministry of Citizenship and Multiculturalism, which is responsible for the Ontario Heritage Act, and the Insurance Bureau of Canada have stated that the insurance premiums in Ontario should not increase because of municipal heritage designation. The age and condition of a property can be factors when assessing insurance premiums, but this is not necessarily related to a property's heritage status.

What must be included in an HCD Plan?

The Ontario Heritage Act contains the required contents of an HCD Plan. Section 41.1 (5) of the OHA requires that a Heritage Conservation District Plan include the following:

• A statement of the objectives to be achieved in designating the area as a heritage conservation district
• A statement explaining the cultural heritage value or interest of the heritage conservation district
• A description of the heritage attributes of the heritage conservation district and properties in the district
• Policy statements, guidelines and procedures for achieving the stated objectives and managing change in the heritage conservation district
• A description of the alterations or classes of alterations that are minor in nature and that the owner of property in the heritage conservation district may carry out or permit to be carried out on any part of the property, other than the interior of any structure or building on the property, without obtaining a permit under Section 42.