Public Notice

IN THE MATTER OF THE ONTARIO HERITAGE ACT

R.S.O. 1990, CHAPTER O.18 AND

CITY OF TORONTO, PROVINCE OF ONTARIO

38 WALMER ROAD

NOTICE OF DECISION

TAKE NOTICE that the Council of the City of Toronto on July 25, 2024, has considered an application under Section 33 of the Ontario Heritage Act to alter a building and/or structure on a Property designated under Part IV, Section 29 of the Ontario Heritage Act for the Property municipally known as 38 Walmer Road.

TAKE NOTICE that the Council of the City of Toronto on July 25, 2024, has considered an application under Section 34(1)1 of the Ontario Heritage Act to demolish or remove or permit the demolition or removal of a heritage attribute of the Property designated under Part IV, Section 29 of the Ontario Heritage Act for the Property municipally known as 38 Walmer Road.  

TAKE NOTICE that the Council of the City of Toronto on July 25, 2024, has considered an application under Section 34(1) 2 of the Ontario Heritage Act to demolish or remove or permit the demolition or removal of a building and/or structure on the Property designated under Part IV, Section 29 of the Ontario Heritage Act for the Property municipally known as 38 Walmer Road.  

The decision of City Council, among other matters, regarding the application under the Ontario Heritage Act is as follows:

1. City Council refuse the issuance of an alteration permit for the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 33 of the Ontario Heritage Act.

2. City Council refuse the issuance of a demolition permit for the demolition of heritage attributes of the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 34(1)1 of the Ontario Heritage Act. 

3. City Council refuse the issuance of a demolition permit for the demolition of buildings at the heritage property at 38 Walmer Road (including entrance address at 188 Lowther Avenue), in accordance with Section 34(1)2 of the Ontario Heritage Act.

IF YOU WISH TO APPEAL TO THE ONTARIO LAND TRIBUNAL:

Notice of an appeal of the decision of City Council on the application to alter the Property or the application to demolish or remove a heritage attribute(s) on the Property may be served on the City Clerk, Attention: Registrar Secretariat, City Clerk's Office, Toronto City Hall, 2nd Floor West, 100 Queen Street West, Toronto, Ontario, M5H 2N2.; Email: hertpb@toronto.ca within thirty (30) days of July 29, 2024, which is August 28, 2024.

A Notice of Appeal of the decision of City Council on the application to alter the Property under section 33 of the Ontario Heritage Act must:

(1)           set out the reasons for the objection to the decision;

(2)           set out the reasons in support of the objection to the decision; and

(3)           be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1,100 for each appeal payable by                         certified cheque or money order to the Minister of Finance, Province of Ontario.

If you wish to appeal to the Ontario Land Tribunal (OLT) or request a fee reduction for an appeal, forms are available from the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms. 

A Notice of Appeal of the decision of City Council on the application to demolish or remove a heritage attribute(s) on the Property under section 34 of the Ontario Heritage Act must:

(1)           set out the reasons for the objection to the decision;

(2)           set out the reasons in support of the objection to the decision; and

(3)           be accompanied by the fee prescribed under the Ontario Land Tribunal Act, 2021, in the amount of $1,100 for each appeal payable by                         certified cheque or money order to the Minister of Finance, Province of Ontario.

If you wish to appeal to the Ontario Land Tribunal (OLT) or request a fee reduction for an appeal, forms are available from the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/forms. 

Who Can File An Appeal:

Only the owner of the Property may appeal the decision of Council of the City of Toronto to the Ontario Land Tribunal under Part IV, Section 33 of the Ontario Heritage Act, and only where City Council has consented to an application to alter a property with certain terms or conditions or refuses the application to alter a property.

Only the owner of the Property may appeal the decision of Council of the City of Toronto to the Ontario Land Tribunal under Part IV, Section 34.1 of the Ontario Heritage Act, and only where City Council has consented to an application to demolish or remove a heritage attribute(s) with certain terms or conditions or refuses the application to demolish or remove the heritage attribute(s) of a property.

Getting Additional Information:

Further information in respect of the Decision of Council of the City of Toronto on the matter is available from the City of Toronto at:

https://secure.toronto.ca/council/agenda-item.do?item=2024.TE15.19.