Common sense victory for owners of Residential 2 homes

Changes to demolition rules on thousands of homes in Residential 2 zones are being hailed by the Mayor of Auckland city, the Hon John Banks, as a victory for common sense.

Plan Change 163, notified in 2005, provided blanket requirement for owners of pre-1940s properties in Residential 1 and 2 zones, to obtain a resource consent before removal or demolition.

The changes amend the criteria for assessing resource consent applications for demolition or removal of pre-1940s buildings, additions, alterations, or relocation of buildings in Residential 2 zones. They also introduce controls on new buildings to make sure they are sympathetic to the neighbourhood.
As a result, the Environment Court has agreed to proposals by the council and interested parties to amend the plan change as it affects Residential 2 properties.

In July 2008 the council wrote to 13000 owners and occupiers of 8112 character houses in Residential 2 suburbs and provided maps proposing where demolition controls would or would not apply. The properties that would not be subject to demolition controls either contained post 1940 buildings, or were considered to have few or no remaining characteristics of the zone.

Following adverse reaction to this proposal from owners and heritage groups, the mayor intervened and appointed a Mayoral Forum of interested parties to deliver a “sound and sensible solution” to the Environment Court.
“The dual effect of the changes is to clearly identify properties that should retain demolition controls while recognising that owners should not be committed to live in a tumble-down property before being allowed to demolish and rebuild with something sympathetic to the neighbourhood,” said the mayor.
“I believe this compromise is a win-win for owners and the character suburbs of our city.

“The original rules for Residential 2 were well meaning but too open to legal challenge and neither sound nor sensible.”

The new criteria places strong emphasis on the value of “street character” and the contribution groups of character homes make to the neighbourhood, not just individual properties.

“The council will now expedite the process to notify the changes, and if the court gives approval we will notify a revised set of maps to show where demolition controls would or would not apply to the Residential 2 zones,” said the mayor. “These maps will be open for public submission.”

He added: “I’m glad we have found a way forward to end a time of great uncertainty for thousands of property owners whose rights and properties were being threatened by the rules.”

o Blanket rules requiring resource consent to demolish or remove pre-1940s heritage homes in Residential 1 zones remain in place and are still under appeal.

ENDS

© Scoop Media