Other Conservation Tools: Temporary Heritage Protections
Introduction
Temporary protection is intended to allow local government to give detailed consideration to future long-term protection options for a property and to negotiate an appropriate resolution with the property owner.
There several types of temporary protection are available to local governments, including:
- Withholding of approvals
- Withholding of demolition permits
- Temporary protection orders
- Temporary protection bylaws, and
- Temporary protection control periods
Under the Local Government Act, temporary protection measures for designated properties or those listed on a Community Heritage Register or within in Heritage Conservation Area allow Council up to 60 days to withhold issuance of a demolition, building or development approval. This provides time to collect information on a property including a detailed inspection of the heritage features of the property. This period also provides the opportunity to discuss any options for long-term protection with the property owner.
The temporary heritage protection tools can be used if the local government believes the proposed action will alter or cause an alteration to:
- protected heritage property
- property subject to temporary heritage protection
- property on a community heritage register
Based on the information collected, City staff are required to write a report to Council outlining conservation options for their consideration before the temporary protection period expires.
The Temporary Tools
Each of the five different temporary protection tools has specific application.
Withhold an Approval
Local government may “withhold an approval” (LGA s. 604) for an action that would lead to alteration of a protected heritage property, a temporarily protected heritage property, and/or a property in a community heritage register.
- Local government authorizes the withholding of approvals by its officials.
- A local government official withholds an approval and forwards the matter to the next regular meeting of the council or regional district board for consideration.
- The council or regional district board considers the matter and may, in certain cases, extend the withholding period.
Withhold a Demolition Permit
Local government may “withhold a demolition permit” (LGA s. 605) for a protected heritage property or a property on a community heritage register.
- Local government authorizes its officials to withhold demolition permits.
- A local government official withholds a demolition permit for a) a protected heritage property until a heritage alteration permit or any other necessary approval is issued, or, b) for a property on a community heritage register until a building permit or any other necessary approvals are issued.
Temporary Protection Order
Local government may make a “temporary protection order” (LGA s. 606) to give temporary protection to potential heritage property, or to adjacent or nearby property in order to protect a heritage property.
- Local government prepares a resolution for temporary protection which specifies the period of protection, which cannot exceed 60 days without the consent of the owner. An order is adopted by resolution, and requires only one reading by the council or regional district board.
- The order may identify specific landscape features, specify the types of alterations which are permitted without a heritage alteration permit, and/or establish policies regarding the issuance of a heritage alteration permit while the property is under temporary protection.
Temporary Protection Bylaw
Local government may introduce a bylaw for heritage designation or a heritage conservation area which initiates a period of temporary protection (LGA s. 963).
- Local government introduces a bylaw which proposes to a) establish a heritage conservation area in an official community plan, or, b) to designate a heritage property.
- Temporary protection of the property comes into effect once the bylaw is introduced.
- Introduction of a bylaw to establish a heritage conservation area creates a 120-day temporary protection period.
Temporary Protection Control Period
Local government may declare a “temporary protection control period” (LGA s. 964) for up to one year for the purposes of heritage area planning.
- Local government prepares and adopts a bylaw to declare a heritage control period for the purpose of heritage planning.
- The bylaw must specify the term of the control period, which may not exceed one year.
- The bylaw may identify specific landscape features, specify the types of alterations which are permitted without a heritage alteration permit, and/or establish policies regarding the issuance of a heritage alteration permit in relation to property in the protected area.
The Legislation
Local Government Act [RSBC 2015], Part 15 — Heritage Conservation
Division 4 — Temporary Protection
Withholding of approvals
604
(1) A local government may, by bylaw, direct or authorize the officers or employees of the local government who issue approvals to withhold the issuance of any approval for an action that, in the opinion of the person responsible for issuing the approval, would alter or cause an alteration to any of the following:
(a) protected heritage property;
(b) property subject to temporary heritage protection under another section of this Part;
(c) property identified as heritage property in a community heritage register.
(2) A bylaw under subsection (1) may establish restrictions, limits or conditions on the duty or power to withhold approvals.
(3) If an approval is withheld under subsection (1), the matter must be referred to the local government at its next regular meeting after the approval is withheld.
(4) If an approval is referred to the local government with regard to property referred to in subsection (1) (a) or (b), the local government may authorize that the approval continue to be withheld until an action referred to in subsection (5) occurs.
(5) An approval must not be withheld under this section if one or more of the following occurs:
(a) a heritage alteration permit is issued authorizing the alteration to which the approval applies;
(b) the applicant agrees to terms and conditions satisfactory to the local government or its delegate to prevent or mitigate circumstances that may detract from the heritage value or heritage character of the property;
(c) in the case of property subject to temporary heritage protection, the protection expires;
(d) in the case of property that the person responsible for issuing the approval considers is protected under the Heritage Conservation Act, the local government is notified by the heritage minister that the requirements of that Act have been met or do not apply.
(6) Except as provided in subsection (4), nothing in this section authorizes the withholding of an approval to which an applicant would otherwise be entitled beyond the time of the meeting at which the matter is referred to the local government under subsection (3).
Withholding of demolition permits until other approvals issued
605
(1) Without limiting section 604, a local government may, by bylaw, direct or authorize the officers or employees of the local government who issue permits for demolition to withhold approval for demolition in the following circumstances:
(a) in the case of protected heritage property, until a heritage alteration permit and any other necessary approvals have been issued with respect to alteration or redevelopment of the site;
(b) in the case of real property identified as heritage property in a community heritage register, until a building permit and any other necessary approvals have been issued with respect to the alteration or redevelopment of the site.
(2) A local government may establish restrictions, limits or conditions on a duty or power under subsection (1).
(3) Nothing in this section authorizes the withholding of any approvals other than permits for demolition of heritage property.
Orders for temporary protection
606
(1) A local government may order that real property is subject to temporary protection if the local government considers that
(a) the property is or may be heritage property, or
(b) protection of the property may be necessary or desirable for the conservation of other property that is heritage property.
(2) An order under subsection (1)
(a) must specify the time period during which the temporary protection applies, which time period may not be longer than 60 days unless the owner of the property agrees to a longer time period, and
(b) must not be made more than once in a 2 year period without the agreement of the owner of the property.
(3) An order under subsection (1) may do one or more of the following:
(a) identify landscape features that are subject to the order;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to the property.
Temporary protection by introduction of a continuing protection bylaw
607
(1) For a period of 120 days beginning on the date of first reading of a bylaw to adopt an official community plan that designates a heritage conservation area, section 615 (1) [heritage conservation area — activities requiring permit] applies to all properties in the area as if the bylaw had already been adopted.
(2) For a period of 60 days beginning on the date of the first reading of a heritage designation bylaw, section 611 (3) [heritage designation — activities requiring permit] applies as if the heritage designation bylaw had already been adopted.
(3) If the owner of property to which subsection (2) applies agrees, the local government may, by bylaw, extend the protection referred to in that subsection for a specified period longer than the 60 days referred to in that subsection.
(4) If the issue of compensation for designation is submitted to arbitration under section 613 before the heritage designation bylaw is adopted, the time period under subsection (2) of this section is extended by the time between the submission of the matter to arbitration and the delivery of the arbitration report to the local government.
(5) If a local government defeats or decides not to proceed with a bylaw, the protection under this section ends.
Heritage control periods for temporary protection
608
(1) For the purposes of heritage conservation planning for an area identified in the bylaw, a local government may, by bylaw, declare a heritage control period with respect to the area.
(2) A bylaw under subsection (1) must specify the length of the heritage control period, which period may not be longer than one year from the date of adoption of the bylaw.
(3) A bylaw under subsection (1) may do one or more of the following:
(a) identify types of landscape features that are included in the protection under this section;
(b) specify types of alterations to property that are allowed without obtaining a heritage alteration permit;
(c) establish policies regarding the issuance of a heritage alteration permit in relation to property within the area covered by the bylaw.
(4) During a heritage control period under subsection (1), property within the area covered by the bylaw is subject to temporary protection in accordance with section 609.
(5) A heritage control period under this section may be declared once only during any 10 year period for an area or portion of an area.
Temporary protection
609
(1) While property is subject to temporary protection in accordance with this Division, except as authorized by a heritage alteration permit or as referred to in subsection (2), a person must not do any of the following to the property:
(a) alter the exterior of a building or structure;
(b) make a structural change to a building or structure;
(c) move a building or structure;
(d) alter, move or take an action that would damage a fixture or feature identified in the authorizing resolution, order or bylaw for the temporary protection;
(e) alter, excavate or build on the property.
(2) The prohibition under subsection (1) does not apply to alterations that are, by the authorizing resolution, bylaw or order for the temporary protection, allowed to be made without a heritage alteration permit.