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Auckland City Art Gallery has been told by the Environment Court to lower the roofline of its redevelopment project on Kitchener St.
The couple who took the case have mixed feelings about the decision, which otherwise went in favour of the council.
In June and July the court heard three appeals against the gallery's designation and resource consent granted by independent commissioners.
In its interim decision this week, the court did not uphold any of the issues raised by appellants but ordered the council to lower the gallery roofline in a proposed three-storey building being built behind the D'Ebro and Grainger building.
The council was granted resource consent in September last year to demolish the 1971 Edmiston Wing and build a modern wing to the north along Kitchener St. The $94.6 million project involves cutting into Albert Park and removing and pruning a number of trees.
Judge Laurie Newhook said the council gave attention to designing a gallery extension that integrated well with Albert Park.
Appellants Chris and Audrey van Ryn, who live opposite the gallery, say they are "half-pleased" with the decision.
They say the roofline being lowered would protect the view shaft but are unhappy Albert Park is being cut into.
"There's a tendency for the council to underplay the ruling," Mr van Ryn said.
"It may not have gone entirely our way but no way did it go all their way either. If we hadn't have gone to court, the original plans would have gone ahead.
"We aren't familiar with the Environment Court procedures, we're not lawyers. The council had expert witnesses, arborists, traffic experts, historic researchers - all paid for by the council. We just came from our lounge on the computer. Some would say we were foolish but what we achieved was worth it."
He said he was annoyed at the stance Auckland Mayor Dick Hubbard took on the project.
"He's supposed to be representing the people of Auckland, instead he is representing the council. I ask what he is doing in his position."
They couple are yet to decide if they will appeal against the interim decision.
Heritage campaigner Allan Matson, who appeared as an expert witness for the van Ryns at the hearing, said the heritage assessment for the award-winning Edmiston wing, forecourt and cascade pools was rewritten by the council to pave the way for its pre-determined plans.
"This is morally bankrupt but consistent with council's continued manipulation of its heritage recognition and failure to protect significant buildings.
"Just as Mayor Hubbard told the public that the now gutted Jean Batten building has been saved, no doubt the public will be told this destruction of our heritage is a great success," Mr Matson said.
Mr Hubbard said: "Not only were the appellants unsuccessful, the court also found that the council had adequately considered alternative sites for the art gallery development."
