A reprieve for the St Heliers cottages facing demolition has been extended from 4pm on Monday to 5pm on Wednesday so the Environment Court can hear a last-ditch appeal for a heritage assessment.
The Save our St Heliers Society was granted an interim enforcement order on Thursday as a demolition crew ripped into one of the three Spanish mission-style cottages in Turua St.
Judge Laurie Newhook said he made an urgent "knife-edge" decision on the order out of caution, because he was advised that "bulldozers and police were at the gate along with people protesting".
Yesterday, the lawyer for developer Ancona Properties, Richard Brabant, sought to have the order struck out.
Judge Newhook allowed reporters to attend the normally closed conference between lawyers representing various parties.
He said there was high public interest in the case and he would not rush to strike out the application that day.
However, he said "whatever happens is going to happen fast" and set Wednesday as the day for the hearing of the society's heritage assessment bid, which will be headed by lawyer David Kirkpatrick.
The society said the resource consent granted by Auckland City Council failed to identify any assessment of the buildings and it believed demolition should stop until one had been prepared. If it were found the buildings merit protection then they should be protected and maintained.
Mr Brabant said he was looking for a hearing on Wednesday anyway, and would not withdraw the strike out application.
He came prepared with a sworn statement by Michael Markham, who is a director of Ancona with his wife, Sandra.
In the document, Mr Markham says the land value of the Turua St sites is $12 million and project costs have been $1.5 million.
He put the cost of the office, shops and apartment project at $11 million. Mr Markham says a delay in demolition and completion will result in substantial holding costs and a delay in achieving apartment sales and commercial space leasing.
The society's legal costs are being paid by National Business Review publisher Barry Colman, who lives in nearby Glendowie.
Mr Colman said yesterday he was involved "because there is something strange about this whole affair and we are trying to found out what the truth is".
He said the society believed Auckland councillors should not have voted against a protection order without getting full information.
It believed the buildings should not be demolished because they had character and heritage value.
"The only way I can see this being resolved is to try to stop the bulldozers and get this issue back in front of a judge and find out exactly what's going on."
Mr Colman said he admired the tenacity of the protesters, mainly women, who have been watching the site for weeks and raising support.
"They are the most unlikely group of protesters I've seen and when a silent majority starts making a noise as loud as they are, I think we should all listen."
St Heliers cottages get two-day reprieve
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