KINGSTON – Opponents of the Capitol Condo project are celebrating today after the Local Planning Appeals Tribunal ruled against the project.

In an 86-page decision released Friday, LPAT adjudicator David L. Lintier wrote that the Kingston’s downtown was “a remarkable urban artefact and one of Canada’s most well preserved heritage areas.”

“The Tribunal finds that the development and in particular the tower, as proposed: is not compatible with the massing of surrounding buildings; does not respect the quality of the existing area; represents a visual intrusion that disrupts the streetscape and an identified cultural heritage resource; and is overdevelopment that results in adverse impact,” Lanthier wrote.

At 16 proposed storeys, the Capitol Condo project was too tall for the area, Lanthier wrote.

“The construction of the tower of that height, essentially ten storeys above the six storey as-of-right limit and 12 to 14 storeys above the average range of building height in this heritage neighbourhood will fundamentally change the image of the downtown and harbour area,” he wrote.

The plan by developer IN8 to keep the original facade of the theatre and rejuvenate and incorporate it into the design was commendable but insufficient to meet the city’s heritage preservation requirements, Lanthier wrote.

Vicki Schmolka, who appealed the project along with two other people, said the decision was “carefully crafted” and is a victory for the city’s official plan.

“It’s clear that the city’s heritage policies in the official plan, and the compatibility policies and the various related policies around density and angular plane have to be read in concert with any policies with respect to intensification and density,” she said.

Appellant Annett Burfoot called the decision “fair-minded” and said it is in line with what she and the other appellants had argued.

“It’s a very clear statement that the adjudicator found in a manner that closely ties with our arguments that a tower that tall is going to be visible from many parts of the city,” Burfoot said.

“He is quite clear that it violates the official plan and he points to places in the official plan which clearly indicate and recognize the heritage character of Kingston and that it should be protected.”

As their appeal efforts proceeded, Schmolka, Burfoot and Samantha King formed the group Building Kingston’s Future to better coordinate their efforts.

“The decision is a clear and concise planning precedent that provides a roadmap for preserving Kingston’s built heritage form for years to come”, David Donnelly, counsel to Frontenac Heritage Foundation and Building Kingston’s Future, said in a statement.

That planning precedent, Schmolka and Burfoot said, should be used in future discussions about downtown building construction.

Although it may not carry legal precedent, Schmolka said the Capitol decision should send a moral message to developers.

Schmolka said the decision showed that the many people who spoke out against the project were right to do so.

“I hope it sends a very strong message that they take notice of what is protected in the official plan, that they take seriously why it is in the official plan,” Burfoot added.

“The official plan does not provide for this kind of development and intensification of the downtown core,” she added. “Kingston is unique and it’s not one or two buildings. It’s unique in the number of heritage buildings, and the livable scale that this abiding sit in.”

elferguson@postmedia.com