Rockcliffe Park fight over ‘big, modern’ home not over yet

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The Rockcliffe Park Residents Association has lost its latest bid to block the construction of a large Cloverdale Road home it considered “too big and too modern” for the heritage district.

In a recent decision, a Divisional Court appeal panel rejected the association’s request for judicial review of the city’s decision to grant a building permit for the home, and criticized the association for its heavy-handedness.

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“I am concerned that the applicant (Rockcliffe Park Residents Association) is purporting to act as an extra judge and jury in the regulatory approval process,” said Ontario Superior Court Justice Frederick Myers, writing for the three-member panel.

“If it is entitled to full participation rights and can launch judicial review if an owner does not buckle under to neighbours’ demands, then the applicant becomes an additional decision-maker.”

The judge warned that such a system could create a development chill.

Scott Heatherington, president of the Rockcliffe Park Residents Association (RPRA), said the association has sought leave to appeal the decision to the Court of Appeal of Ontario.

“The RPRA is committed to upholding the Rockcliffe Park Heritage Conservation District’s legal protection under the Ontario Heritage Act,” he said in an email.

The association contends the judge erred in his interpretation of the act.

The owner of 480 Cloverdale Rd., Ottawa homebuilder Jianbin Wang, first applied for a permit to build a new home on the empty lot in October 2021. Wang’s large, double lot backs onto the Rockcliffe Lawn and Tennis Club.

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City staff, however, expressed concern that a proposed north wing would not be compatible with a neighbouring home designated as a “Grade 1” property, meaning it contributes to Rockcliffe Park’s heritage value.

Wang submitted a revised plan, but the built heritage committee and city council rejected it because staff’s concerns had not been met.

In April 2023, Wang again applied for a building permit based on a new home design. His application included a heritage impact assessment that concluded the proposed home has a “modest street face” that would not overwhelm his neighbour’s property.

Staff endorsed the new plan, which features a series of “linked pods” designed to accommodate three generations of the Wang family. “While the building is significantly larger than the neighbouring Grade 1 property, it is important to note that the property is also significantly larger,” the staff report concluded.

The built heritage committee approved the new design, and city council granted Wang a building permit in July 2023.

The Rockcliffe Park Residents Association, which had opposed the permit, sought judicial review of council’s decision.

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The association argued city staff and the heritage committee failed to properly apply the mandatory provisions of the Rockcliffe Park Heritage Plan, which, among other things, imposes restrictions on the height, mass and materials of new buildings, and requires that they be “consistent” with nearby Grade 1 homes.

It argued the height and volume limits in the plan are legal constraints that the city could not simply ignore in approving Wang’s house.

Wang’s proposed house is about 3.5 times the volume of his neighbour’s home at 284 Cloverdale Rd., and about twice the size of its footprint.

The Divisional Court panel said city officials considered the massing of the home, and came to the reasonable conclusion it was “consistent” with its neighbour given the lot’s larger size.

The panel noted the Rockcliffe heritage plan “does not say that new homes can never exceed the height or volume of neighbours’ houses,” and does not amount to “a mathematical prohibition.” It said new homes must be judged in context, and assessed as to whether they’re “sympathetic to the character of their historic neighbours in terms of massing, height and materials.”

The panel concluded the city’s decision was fair and reasonable.

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