Three Spanish Mission-style 1930s Auckland houses are to be demolished despite their heritage value - and there is nothing the council can do about it.
The buildings in Turua St, St Heliers, were identified as "character-defining" after consent for a rebuild was first sought in 2007.
The application was publicly notified and more than 100 submissions opposed the demolition.
The owners, Mike and Sandra Markham, later successfully applied to have their "character-defining" status removed and applied again for their demolition.
In August, opponents of the original application were informed by the council that a new non-notified application had been accepted.
The homes will be replaced by a retail and commercial development.
The impending demolition shows the need to stop treating heritage advocates as stirrers, says Auckland councillor Cameron Brewer.
The Orakei ward councillor said he would not be lying under any bulldozers because developer Mike Markham was legally entitled to demolish the 1935 houses.
Many locals and heritage advocates are furious at the "underhand tactics" of the Auckland City Council.
Guy King, a committee member for the St Heliers-Glendowie Residents' Association and chairman of the Auckland branch of the Historic Places Trust, said he believed there had been an abuse of process.
"I just think it stinks," he said.
Mr King was highly critical of the council for doing an about-face and not supporting its own St Heliers Village Centre Plan when the Markhams asked that the "character-defining" identification be removed from the properties.
The change was granted by the court.
The plan was part of the council's bid to preserve character buildings and introduce design guidelines in traditional village centres, including St Heliers, Grey Lynn, West Lynn, Kingsland, Ellerslie, Eden Valley and upper Symonds St.
Kohimarama resident Shelley Kostanic said the cluster of three houses in Turua St had a unique seaside look to them and to demolish them would add to the loss this year of an art deco-type complex on the corner of Tamaki Drive and Maheke Rd.
Mr Brewer, who made heritage protection a key platform of his election campaign, said given that Mr Markham had resource consent to demolish the houses it was not realistic to try to relitigate the decision.
"It was disgusting that the nearly 100 submitters sent in their written submissions three years ago. Then out of the blue in August, they got a terse letter telling them the consent had gone non-notified and their views about the old buildings don't count for anything. The many locals who are passionate about Turua St deserved more respect than that.
"As a council, we've got to stop treating heritage advocate as stirrers and nuisances," Mr Brewer said.
An Auckland Council spokeswoman said the amended application was processed on a non-notified basis and granted by the Auckland City Council in the context of the St Heliers Centre Plan Change. This followed the Environment Court decision to remove the Turua St houses as "character defining" buildings in the plan.
The spokeswoman was still trying to find out why the council did not support retaining the "character defining" definition in the plan for the Turua St houses.
Mr Markham said yesterday time constraints meant he could not comment but planned to issue a press release in due course.
Locals furious over order to destroy homes
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