The creche was built in return for allowing more building space on the site, he said, and he had been contacted by parents upset about losing the Kindercare.
"The existing childcare facility is part of a package of bonus right features that were included in the original consent, granted in the late 1980s.
"It is unusual in that this childcare facility is, I think, the only one of its kind in Auckland Central. This demonstrates foresight and thought by the original developer, who clearly sought a more considered selection of bonus right features."
Bonus rights were granted for works with a public benefit, such as art, a public plaza or outdoor amenity areas, childcare facilities or through-site links, he said. The floor area of the works, or dollar value of the artwork, is then used to claim floor space to be incorporated into the building.
Dempsey said these can be substantial once a bonus is applied and there was a clear link between bonus rights features and floor space in a building.
But he said the ANZ Centre had no title reference to the creche, so Auckland Council would be powerless to reject AMP's redesign of the building by ensuring it retained the Kindercare.
"The only easement created by a memorandum of transfer is for the road-widening bonus feature on Swanson and Federal Sts. No other bonus feature is noted," Dempsey said.
Now that the tower had no creche, he posted the question about whether some of its floors be removed.
"If bonus features are, as claimed by the applicant, routinely adjusted for physical and functional reasons and the new package of features result in less public benefit, how is the original building floor space reduced?
"And critically, can a bonus feature which the public clearly hold in some esteem - a childcare facility in this instance - be summarily altered or removed without consultation with the public or consideration of the substantial public interest?"
Dempsey also criticised Warren & Mahoney's redesign, saying a 2000s style box was being created at the foot of a 1980s building.
"Given that the box replaces the childcare centre which itself is a curvilinear building holding and maintaining a sympathetic response to the main building raises questions about the design process engaged in."
Pritchard of AMP would not entertain the idea of removing tower floors now that the creche has gone.
"What was granted in the 1980s is not relevant now," he said adding that he regretted the loss of Kindercare but it was unavoidable.
"We have got a childcare centre in the AMP Centre 100m away and that's three times the size of Kindercare. The difficulty with creches in the city is they have to have a lot of open space and that's always difficult to find."
