KEY POINTS:
Work can begin on the $96.4 million revamp of the Auckland Art Gallery after the Environment Court approved plans to lower the roof line on a modern addition.
A hugely relieved gallery director Chris Saines yesterday said work could begin in March on the biggest overhaul of the 1887 French-style colonial icon and be complete by mid-2010.
This is one year later than planned after the original resource consent was appealed by a small but vocal group of opponents.
In an interim decision in September, the Environment Court did not uphold any of the issues raised by the opponents but ordered the Auckland City Council to lower the floating roof line on a structure behind the original building.
This was to protect an "admired, even loved" view of the building from Wellesley St.
In a second interim decision this week, a majority of the court approved the council's preferred design option to lower and move back the roof line.
The design received backing from the presiding judge, Laurie Newhook, and commissioner Ross Dunlop.
A second commissioner, Heather McConachy, disagreed. She said the new structure behind the original building should not be visible at all from Wellesley St. The council's evidence showed it would still be partially visible.
Ms McConachy said Auckland had few examples of heritage architecture that in their setting could transport people back to another time.
However, Judge Newhook and Mr Dunlop believed the design features and foliage on a pinoak tree almost completely obscuring the new structure in summer and autumn would mitigate the view. Even during winter when the pinoak in front of the gallery had no leaves, the effect would be minor.
Audrey van Ryn, who with her husband Chris took legal action against the design and impact of the new gallery on Albert Park, said they would not appeal but hinted at other, unspecified action to stop the project.
"I don't think what they are doing is really acceptable in terms of our city's heritage, both for the building and the park," she said.
"Right from the beginning with the resource consent application we didn't think land from the park should be taken, we didn't think half the building [later additions] should be demolished, extensions on the roof were acceptable and the forecourt should be destroyed."
Mr Saines said it had been an arduous process obtaining consent for the revamp but he was delighted with the outcome. The latest decision also called for a detailed landscape plan and design conditions to be submitted to the court.
The project's goal is to earthquake-proof and restore the 1887 and 1916 components of the main building while developing a complementary and contemporary design linked to Albert Park.
He said the decision meant the gallery could lower the roof line against the ridgeline of the old roof without losing any exhibition space.
Unveiled in 2005, the art gallery project has survived the cost-cutting knife of the new John Banks-led council. The council has agreed to contribute $33 million of the $96.4 million cost.
Mr Saines said the gallery had applied to the Ministry of Culture and Heritage for $30 million from the regional museums' fund and raised $15.4 million of the remaining $33.4 million from benefactors.
Mr Banks said the project was great value for Auckland City ratepayers, who were contributing one-third of the cost to significantly add to the region's tourism infrastructure.
"I see the Auckland Art Gallery representing everything good about the arts and culture, heart and soul of the city."
WHO'S PAYING
* Auckland City Council: $33 million.
* Ministry of Culture and Heritage: $30 million (requested).
* Donations: $15.4 million.
* Shortfall to date: $18 million.
* Total: $96.4 million.
