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Thousands of Auckland City homes are being taken out of a special heritage zone that provides protection from demolition.
Heritage protection of pre-1940 homes will virtually cease in St Heliers and Kohimarama and demolitions will be possible across large areas of Remuera, Herne Bay and Epsom under a proposal by two council officers.
The council is writing to 13,000 households with details of a compromise to settle a legal row with three Remuera lawyers, Derek Nolan, Brian Latimour and Tim Burcher. The three oppose new rules aimed at protecting older homes in the Residential 2 zone, covering many of the well-to-do leafy suburbs.
The letter includes a map of the Residential 2 zone showing more than half the 7600 homes excluded, particularly in the most valuable coastal areas where some homeowners and developers have wanted to demolish old homes for expensive new ones.
The letter said the council engaged "heritage experts" to assess the zone on foot to see which streets, or parts of streets, warranted heritage protection and which did not.
It turns out the experts were a council planner and architect. The council refused to name them or their qualifications.
The council has decided that the only houses worthy of heritage protection must meet a "garden suburb" test, namely there must be at least 60 per cent of pre-1940 homes visible to the street, or a minimum of three "distinctly original" homes in a group.
Homes that do not meet the criteria can be demolished without a resource consent.
Remuera Heritage spokeswoman Jennifer Hayman was alarmed at the "monumental effect" the proposals would have and said the group would hire its own experts to undertake a more robust survey.
"In Remuera's valleys the knife has cut deeply, as it has in the coastal Eastern Bays."
City development committee chairman Peseta Sam Lotu-Iiga said the recommendations were a sensible and workable solution to encourage the preservation of Auckland's heritage for the future.
"We are committed to preserving Auckland's heritage and character streetscapes. We recognise that there is a strong need to protect the best of Residential 2," said the Citizens & Ratepayers councillor.
In March, the Herald revealed a previous secret deal between the council and lawyers to allow demolition within a group of up to 7600 houses. Mayor John Banks intervened at the 11th hour to stop the deal.
Soon after, the council began the street-by-street review in the hope of bolstering its battle with the lawyers in the Environment Court. Mayor John Banks said that in a perfect world heritage protection would remain in Residential 2 but legal advice showed the council would be in big trouble in court by sticking to a blanket approach.
He said the council had to find something that was sound, sensible and legally robust, otherwise heritage protection could be lost in all of Residential 2, and possibly for the 8700 heritage properties in the Residential 1 zone. This zone largely applies to old working-class suburbs , including Ponsonby, Grey Lynn, St Marys Bay, Freemans Bay and Mt Eden.
Mr Banks said saving 40 per cent of Residential 2 was better than losing the lot.
The public has until August 7 to provide feedback on the proposal.
The proposed map for the Residential 2 zone can be seen on the web at: aucklandcity.govt.nz/isthmusplan
THE CHANGE
* Houses worthy of heritage protection must meet a "garden suburb" test: There must be at least 60 per cent of pre-1940 homes visible to the street, or a minimum of three "distinctly original" homes in a group.
* Homes that do not meet the criteria can be demolished without a resource consent.