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Developer makes case for demolition
Building is heritage property, municipality tells Supreme Court
By BILL POWER Staff Reporter
Tue. Mar 18 - 6:39 AM



The legal status of the building at 1870 Upper Water St. in Halifax, which houses part of Sweet Basil Bistro, remains in limbo for at least two more weeks. Armour Group has applied for a permit to demolish the wooden structure as part of its ambitious reconstruction of the historic block. HRM refused to grant a demolition permit, saying the building is registered for protection under the Heritage Property Act. (JEFF HARPER / Staff)





It will be at least two weeks before proponents of a $16-million reconstruction of some historic Upper Water Street buildings learn if the status of a wooden structure will push the project into development limbo.

Armour (Ben) McCrea, chairman of Armour Group, said Monday he is frustrated a dispute over a decades-old "clerical error" involving street addressing landed in Nova Scotia Supreme Court when the matter could be cleared up quickly by a Halifax regional council motion.

"There are ways a lot simpler than this to have this resolved, rather than putting me through the hoops that I’m having to go through. It’s unfair," the developer said outside the courtroom.

Lawyers representing Armour Group and Halifax Regional Municipality squared off before Justice Walter Goodfellow over the heritage status of the wood structure at 1870 Upper Water St. under the provincial Heritage Property Act.

The act requires extensive public consultation prior to demolition or significant alteration of protected properties.

Justice Goodfellow told the court it will be at least two weeks before he renders a decision on the legal status of the building, which houses a portion of Sweet Basil Bistro.

Armour Group has applied for a permit to demolish the wooden structure as part of its ambitious reconstruction of the historic block.

Armour insists the building was never registered with the province as a heritage property, as were four other structures on the same block.

The company is seeking a ruling from the Supreme Court that will force the municipality to process a required demolition permit, which Mr. McCrea said will hasten the development approval process and increase the viability of the project.

Court heard that the municipality refused to grant a demolition permit as it has evidence the building is registered for protection under the act.

Solicitor Karen Brown told the court the matter involves more than a clerical error, as put forward by Armour Group.

"HRM has documents indicating it is a registered heritage property," she said.

After the court proceeding, Mr. McCrea said his company wants the status of the building at 1870 Upper Water St. resolved before going to the public with its redevelopment proposal for the entire block across the street from Historic Properties on Halifax’s waterfront.

Regardless of the outcome of this legal snag, he said his company could demolish the building after one year. But he said his company has never demolished a protected structure and he wants the status of this building clarified.

He said his company wants to maintain its good reputation for attention to heritage issues in its redevelopment work, as reflected in the waterfront Historic Properties project across the street from this site and the nearby Founders Square complex.

Armour Group requires a development agreement with the municipality before beginning construction of the eight-to-nine storey complex in the spring of 2009. It will provide about 80,000 square feet of office and ground-floor retail space and will retain the original historic building facades if approved