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The Auckland City Council is taking a fresh look at excluding some streets from strict new heritage controls.
Councillors softened their stance yesterday in the aftermath of a legal challenge to the city's blanket controls on all houses built before 1940 in some central and eastern suburbs.
The Herald revealed last month that Citizens & Ratepayers councillors had voted behind closed doors for a deal with three Remuera lawyers opposed to the new rules in Residential 1 and 2 heritage suburbs.
Mayor John Banks intervened to stop the secret deal - which would have affected up to 7600 homes in the Residential 2 heritage zone - and the matter is now likely to end up in the Environment Court.
Yesterday, C&R councillors on the city development committee voted to reject the deal.
But to bolster its case, the committee has agreed to a street-by-street review in the Residential 2 zone, covering old and established suburbs such as Herne Bay, Remuera, One TreeHill, Parnell, Kohimarama and St Heliers.
It is not proposing any changes to the Residential 1 zone, which covers about 8700 homes on small sections in traditional working-class suburbs such as Ponsonby, Grey Lynn and Freemans Bay.
Planning manager John Duthie said the Residential 2 review would exclude areas like Glendowie that were developed after 1940 but keep many, if not most, streets with a variety of pre- and post-1940 homes.
The council is also proposing more flexible criteria for new buildings and relaxing the controls for fencing in the Residential 2 zone.
Mr Banks said legal opinions showed the council would be in "serious trouble" at the Environment Court by sticking with the blunt instrument of a blanket approach.
Not only would the council find it extraordinary difficult to keep the heritage controls in Residential 2, but the integrity of the Residential 1 zone could be substantially compromised, the mayor said.
