Published 8 August 2012
The Environment Court hearing on appeals against the Auckland Council’s plan change 163 – which introduces demolition & removal controls on houses in the isthmus residential 2 zone – almost got started yesterday.
Instead, the council’s counsel, Bill Loutit, produced what he said was rebuttal evidence after Judge Laurie Newhook last week struck out the application to impose demolition restrictions on 2 Remuera properties. Other lawyers responded by claiming some of the rebuttal was new evidence, so they’d need time to consider it.
The outcome of the first day’s proceedings was that Judge Newhook said he’d hear any other straightforward strikeout applications next Wednesday, other parties that want to apply to have evidence excluded must tell the court by Monday 20 August and the case will return to court for the week starting 15 October.
The judge said he hoped to make decisions on the handful of other strikeout applications within the following 2 days next week. He also wanted to set a timetable next Wednesday for parties still in the case to lodge further evidence.
Last week, Judge Newhook struck out the council’s case for mapping demolition controls affecting 2 Remuera residential properties. The successful applicants for a partial strikeout of the council’s case were Carol Faull & Henry Hall, owners of properties on Ranui & Coombes Rds. The controls are intended to preserve the character created by the zone’s pre-1940 homes.
Judge Newhook said there were issues of significant potential value in relation to the 27 properties still appealing, “hence the lineup (of lawyers) we’ve got here”.
The former Auckland City Council began work towards demolition controls in 2003, introduced plan change 163 in 2005 and put its maps out for consultation in 2010.
3 August 2012: Newhook strikes out demolition controls on 2 Remuera homes (original short version)
13 June 2010: Residential 2 demolition maps out for consultation
11 July 2008: Heritage plan change revisions out for consultation
19 February 2007: Residential 1 & 2 recommendations back in April-May
4 September 2005: Council moves to stop pre-40s demolition
17 September 2004: Money allocated for review of Auckland’s special character zones
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Attribution: Hearing, story written by Bob Dey for the Bob Dey Property Report.