KEY POINTS:
It is not right for houses in Portland Rd, Remuera - a mix of old and new, plaster and weatherboard, flat and pitched roofs - to resemble a row of villas in Ponsonby, says lawyer Derek Nolan.
The resource management expert and long-time Remuera resident who has lived in character and modern homes is upset at the "blanket" approach of new rules aimed at protecting pre-1940 homes in Residential 1 and 2 heritage suburbs.
Mr Nolan and two other Remuera lawyers, Brian Latimour and Tim Burcher, almost struck a deal last week with the Auckland City Council overturning new rules making it harder for people to demolish character homes in Residential 2 heritage suburbs.
The deal fell over when Mayor John Banks intervened at the 11th hour to stop it.
Mr Nolan yesterday took the Herald on a tour of the Residential 2 zone to illustrate his case that the controls in Residential 1 suburbs, such as Ponsonby, were not as relevant or justifiable in suburbs such as Remuera and Epsom.
In fact, the lawyers want to overturn the demolition controls in Residential 2 to allow the owners of 7600 homes to be able to remove or demolish their homes. Under the new rules, they have to apply for resource consent and the council must be satisfied the home is beyond saving.
A drive down Portland and Seaview Rds, two of the poshest streets on the northern slopes of Remuera, reveals a mix of traditional villas, grand English-style homes, 1960s properties and modern homes designed by big-name architects. There's weatherboard, plaster, concrete, flat and pitched roofs.
One of Mr Nolan's big beefs is that there is a single set of criteria governing the building of new houses - weatherboards, eaves, timber joinery and pitched roofs. Very Ponsonby, but very inflexible in Remuera.
Mr Nolan is also upset at the generic rules that say all houses built before 1940 in the two zones cannot be demolished or removed without resource consent.
"There will be some houses of no architectural merit where ratepayers concerned will have suffered a loss in value and will have to spend many thousands of dollars in resource consent applications to remove their houses."
He believes there is no cause for concern in the Residential 2 zone because it is a low-density zone and strict criteria apply to replacement homes.
The loss of Remuera's Coolangatta homestead and the battle to save the Paykel homestead in Parnell were different because they were in high-density zones where developers could build multiple apartments, he said.
Mr Nolan said there might be some areas in Residential 2, such as parts of Herne Bay, with villas predominantly of a similar style, that needed extra protection, possibly by including them in the Residential 1 or applying a targeted control.
But he believed that shouldn't apply to an English-style home he pointed out at Coronation Rd in Epsom. The street took its character from its tree-lined and lush green hedges and it would be unfair not to allow the owners of the home to demolish it and build a new home in sympathy with the street, he said.
"I'm sure we can do a lot better ... if we work a bit harder at these rules."
Mr Nolan's views are not shared by Remuera Heritage. Spokeswoman Jenny Hayman said overturning the new rules now could lead to a rush of homes being demolished out of fear of tougher rules coming in at a later date.
It could also be the thin end of the wedge for more intense housing on the northern slopes, she said.
Bryan Ferneyhough, who lives in Portland Cres and is a member of Remuera Heritage, said all the new rules did was require people to seek a resource consent to demolish, remove or modify their homes.
Mr Ferneyhough said applying the new rules to every home built before 1940 was "a draconian move but I don't know how else you put it".
COUNCIL'S CHARACTER CHECKS
THE ZONES
Residential 1: Character zone applied largely to Victorian and Edwardian houses on small sections, including large areas of Ponsonby, Grey Lynn, St Marys Bay, Freemans Bay and Mt Eden. Smaller pockets in Ellerslie, Onehunga, Parnell, Avondale and Otahuhu. About 8700 homes.
Residential 2: Character zone applied largely to Victorian and Edwardian houses on large sections in old and established suburbs. Found primarily in Herne Bay, Epsom, One Tree Hill, Remuera, Parnell, Kohimarama, St Heliers and Mt Albert.
THE RULES
* Under plan change 163 introduced by the council in 2005, demolition or removal of any building constructed before 1940 in Residential 1 & 2 zones requires resource consent, which may be publicly notified and/or require the written approval of neighbours.
* Council checks the condition of the building to see if restoration or renovation is practical, and how the building fits in with the character of the street.
THE OLD RULES
* Houses in Residential 1 & 2 could be demolished or removed without resource consent.
