MacDonald, Arthur, "The Integration of Planning and Heritage District Legislation"

In 1991 the provincial government of Nova Scotia proclaimed an amendment to the Heritage Property Act enabling municipalities to create heritage districts through a heritage conservation district plan and by-law. The Heritage Property Act is the main statute governing the protection and conservation of heritage buildings and sites in Nova Scotia. This amendment expanded the Act's jurisdiction to cover not only buildings and sites but also whole districts comprising buildings, landmarks, streetscapes, and surrounding landscape.

The word "district" implies an area, a space comprised of many parts, grouped together in a fashion that relate. In planning terms the word "district" also implies a "zone". Planning legislation has a strong history of applying policies and by-laws to specific zones. It's main function is to regulate growth within distinct zones as a means to ensure compatible developments. This function is very similar to the rationale behind conservation district legislation. However, within the context of planning legislation, the focus is primarily on controlling developments, whereas heritage legislation focuses primarily on conserving and protecting the historic features of an area.

This thesis examines these similarities to determine whether or not conservation district legislation would be more effectively handled in the context of the planning legislation. The discussion will begin with a historical review of international charters and the European experience. The discussion will then shift to an investigation of aspects of conservation district legislation throughout Canada. The issues arising from the investigation will be reviewed. Finally, the discussion will focus upon the effectiveness of integrating heritage district legislation within the planning framework.

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This document was last modified on November 14, 2000.