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Auckland City District Plan - Plan Change 163
Pre 1940 Demolition Controls – Opportunity for Submissions
Introduction
The Auckland City Council (the Council) under direction from the Environment Court has called for submissions on Plan Change 163 to the Auckland City (Isthmus) District Plan (the Plan Change). Submissions are called on the Residential 2a, 2b and 2c (Residential 2) zone planning maps which identify properties that will have tighter building demolition and removal controls. To check whether a particular property is affected, the maps can be viewed online at www.aucklandcity.govt.nz/council/services/zoning/changes2.asp. This has been a hotly debated issue for residents affected by the Plan Change, and this step in the process moves the Plan Change closer to adoption.
Background – Plan development
The Plan Change was initially notified on 25 May 2005 as a blanket approach requiring a resource consent to demolish, remove or undertake external alterations on all houses, in the Residential 1 and 2 zones, that were constructed prior to 1940 (these activities were controlled under the Operative Plan at the time). In addition a number of new objectives and policies, development controls, and assessment criteria were proposed to provide stronger controls on buildings constructed prior to 1940 and located in the Residential 1 and 2 zones.
There were a number of submissions on the Plan Change that criticised the blanket application of controls across the entire Residential 2 zone. These resulted in appeals to the Environment Court. As a result, the Council engaged an independent heritage expert, Jeremy Salmond, who undertook a study of the streetscape character of the Residential 2 zone. This report confirmed that not all pre-1940s buildings in the Residential 2 zone were of a character that warranted a requirement for resource consent to demolish or remove the building. Based on these findings, the Council and appellants before the Environment Court are proposing a more refined approach which specifically identifies sites that will be caught by the tighter building demolition controls.
Another outcome of the appeals is that agreement has been reached over specific criteria to assess when demolition or removal controls would apply – these being the criteria that were used for the heritage study. Agreement has also been reached on the criteria that are to apply when the Council is considering an application to demolish (either totally or more than 30% of) any building (excluding accessory buildings) identified as being subject to the controls.
The Environment Court has directed that the proposed maps be notified and open to public submission. This will give a final opportunity to be heard on whether or not a property should be included.
However, this does not give a right to be heard on the restricted discretionary status and assessment criteria, as these have already been determined. It also does not enable comment on the other aspects of the Plan Change as initially notified, including those provisions requiring resource consent as a restricted discretionary activity for the construction or relocation of dwellings, and external alterations and additions, to all properties within the Residential 2 zone.
Submissions
On 11 June 2010 the Council sent letters and maps to about 10,000 owners and occupiers of properties in Auckland city's Residential 2 zone advising and identifying which properties require resource consent for demolition or removal of buildings built before 1940. The maps identifying the properties were drafted by the Council in conjunction with the appellants in the Environment Court proceedings and are in a form largely accepted by these parties. This is the last opportunity for submissions on whether or not a property should be included on the planning maps and therefore subject to these controls.
Submissions must be lodged with the Council by Friday, 9 July 2010.
Once submissions have been collated, they will be referred directly to the Environment Court. The Environment Court will then give notice to all persons who have filed submissions of the date and time of a pre hearing conference. At the pre hearing conference the Court will give directions for a hearing. Any person who made a submission will have the right to attend the pre hearing conference and present evidence on their submission to the Court at the hearing.
You may wish to challenge the inclusion of your property, particularly if it has undergone extensive alterations since 1940, the dwelling is not clearly visible from the road, or if you have plans to remove or demolish more than 30% of the dwelling. Alternatively you may wish to seek further protection to a dwelling, including other dwellings in your neighbourhood that are within the Residential 2 zone.
Any person can lodge a submission.
If you would like assistance in drafting an effective submission and require representation at the Environment Court please contact David McGregor or Bianca Tree.
