The Wellington HCD received final approval at the Ontario Land Tribunal on September 13, putting behind it the appeal against the new bylaw launched just after it passed at Council  in fall 2022.

The Heritage Conservation District in the Village of Wellington defines 240 properties as “contributing” to the essential character of the historic village. The designation was put on hold in November 2022 when a local developer appealed the decision to the Ontario Land Tribunal (OLT).

Former Wellington resident Anthony Lemke and his two partners at Wharf Lane Developments appealed the County’s Heritage Designation District, saying they had a different vision for heritage in the core, one that they argued was supported by the County’s secondary plan — if not by its Heritage plan.

The case went to mediation. 

Mr. Lemke objected primarily to the density restrictions on new development within the village core. He likened the HCD restrictions to a “nuclear bomb” in that it makes a large area difficult if not impossible to build on – at least in a way that appeals to developers. 

Mr. Lemke and his partners bought their first property in Wellington around 2015. Since then, they have acquired a portfolio of properties throughout town, including a parcel east of the village core near Belleville Street, which they plan to develop into a mixed-use commercial-residential complex.

“This Conservation District is very large compared to other uses of this tool. We like the notion of heritage and conservation. For us it came down to flexibility on density.
Much of Wellington’s commercial Main Street is made up of single family homes. Very few businesses could afford that kind of building.” 

—Anthony Lemke

Mr. Lemke is satisfied with the outcome of the mediation. “The system worked. Each side gave a little.”The modifications to the original HCD include clearer differentiation between the newer commercial areas and older commercial areas, and add more precise detail in the different characteristics in the neighbourhood. Some changes loosen density restrictions and provide more flexibility with style: for example, buildings must no longer “match” heritage architecture in the area, but instead must “complement” it.

The County announced the Ontario Land Tribunal approval of the Wellington HCD on October 3, but not clarify when the new rules would come into effect.

The WHCD designates 240 properties as contributing to the essential character of the village. By comparison, Picton’s HCD identifies 70 contributing buildings. 

Property owners whose land falls within the WHCD may be subject to new responsibilities, though it is not clear when.

“There was unclear direction from the OLT as to when the applicability of the Heritage District Plan began,” said Brianna Clement, communications coordinator for the County.

Councillor John Hirsch, vice-chair of the Built and Heritage Advisory Committee, worried about the County’s timing of its announcement. He is concerned properties may have been subject to a new order without owners knowing it.

“I’d bet that at least two thirds of those property owners have no idea there is any potential impact on them. Staff have got to get some information out there. I would send a letter to each one of those contributing properties and say, ‘Here are the new rules.’”

The designation concerns appearances. Replacing a roof, a front door, or windows will require a permit. Owners of designated properties must submit an application to the County’s Built and Cultural Heritage Advisory Committee, which will then approve changes in keeping with the building’s original character.

“Staff have re-engaged to complete the legislative requirements and to enforce the Heritage Conservation District,” said County spokesperson Brianna Clement.