Letters Reveal Kelowna Has More Power Over TOA Development Than Residents Were Told.

For months, residents of Kelowna’s Abbott Street Heritage Conservation Area have been told that six-storey development is unavoidable because of the Province’s Transit-Oriented Areas (TOA) legislation.

But recent correspondence from two Provincial Ministers tells a different story.

In letters sent in November and December 2025, the Province confirmed that municipalities retain significant authority to protect heritage areas and heritage buildings, even within Transit-Oriented Areas.

Minister of Housing and Municipal Affairs Christine Boyle wrote:

“Under the TOA legislative framework, municipalities retain the ability to protect heritage buildings and make decisions about how sites with heritage features are developed.”

She further stated:

“The TOA designation does not override the existing development guidelines for the Abbott Street Heritage Conservation Area.”

And perhaps most importantly:

“Municipalities can also identify heritage sites as excluded from the minimum allowable density framework when they are developing and adopting their TOA designation bylaws.”

Minister Boyle went on to explain that municipalities may reject rezonings for reasons beyond density requirements:

“Municipalities can also turn down rezonings in TOAs for reasons other than density, such as the preservation of heritage buildings or features.”
A second letter from Transportation Minister Mike Farnworth reinforced the same message.

Minister Farnworth wrote:

“It is important to note that the TOA designation does not override the existing development guidelines for the Abbott Street Heritage Conservation Area.”

He further confirmed:

“Municipal heritage conservation protections remain in effect.”

These statements are significant.

The Province is clearly saying that Transit-Oriented Area legislation was never intended to eliminate municipal heritage protections. In fact, local governments retain tools to protect heritage buildings, heritage features, and heritage districts.

This aligns with the original purpose of Kelowna’s Heritage Conservation Area.

The City’s own heritage planning documents describe the area as:

“well-landscaped, with mature trees, the regular use of hedges and fences along the sidewalks, expansive lawns, and decorative plantings.”

The Heritage Conservation Area was established to:

“Protect and retain existing residences of heritage value in their context and character.”

And the original South Central Neighbourhood Plan stated:

“The retention of existing single family zoning is supported throughout the area.”

No one disputes the need for more housing in Kelowna. Residents of the Heritage Conservation Area have consistently said they support thoughtful growth and increased housing options throughout the city.

The question is whether one of Kelowna’s most historic and distinctive neighbourhoods should be required to sacrifice the very character it was created to protect when the Province itself has confirmed that municipalities retain the authority to preserve heritage areas.

The Province has spoken clearly.

(letters can be found in our resources section)

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