Some fairly important news about the Unitary Plan has emerged in relation to the Pre-1944 demolition control the council wanted to implement. The control prevented all houses built before 1944 – that weren’t already covered under normal heritage provisions – from being demolished without any assessment of whether it needs heritage protection. Land owners would still be able to get consent however it is argued that by making it harder will prevent people from even trying. The control seemed to come about following regular complaints from heritage groups about anything old being demolished.
In interim guidance from the hearing panel released Wednesday it was announced that they are not convinced by the arguments put forward by council and some submitters on the need for the control. They say there is a lack of robust section 32 (s32) analysis and evidence and that the provision has not been assessed in the wider context of the strategy for a more compact and higher density city. They go further to say that it places unnecessary constraints and burdens on land owners who may want to develop their property.
They say they think that if the council want to change the way they protect a number of residential areas that they should go through a plan change to do so which would also require them to produce a robust section 32 analysis of the relative benefits and costs of the change. That would also enable more public participation on the issue. As an example they were concerned that large numbers of people who owned/lived in properties affected by the control didn’t submit on the Unitary Plan who were likely happy with the existing provisions.
The map below shows the scale of the control and as you can see it primarily affects the isthmus and east coast of the North Shore. It’s also worth noting that many properties in some of the gaps have more formal heritage protection.
Understandably heritage groups are upset saying the decision is a ‘mistake’ and a ‘bombshell’ however I’ve long thought the same way about proposing the control in the first place. The council have said in the past that they choose 1944 as the cut-off point as that’s a date they have good records from of what housing stock existed. To me the whole thing is just to arbitrary and clunky in its current form and even though the control wasn’t blanket protection its effect would have been to prevent most small scale development as land owners would be too put off by the requirements.
In addition to this while the heritage protection groups fight to keep anything and everything old, at the end of the day it’s generally not them who pay the price for the impact blanket rules like this have. If it prevents sensible development in the right locations it can affect the entire city and in particular young people who want a place to live that isn’t out on the suburban limits
When it comes to heritage I quite like this from reader Stephen Davis. If we really want to protect heritage should we require those in heritage areas to also ride around in a horse and cart.
I like how everyone supports "heritage" until I want to use my open fire or run an opium den or throw pots of human waste into the street.
— Stephen Davis (@nzsd) July 16, 2015
Lastly I think it also opens up the opportunity for the council to have a wider discussion with the community about development and change. As we know Auckland Transport are considering installing Light Rail on the Isthmus right through some of the heaviest areas affected by the pre-1944 controls. One of the issues we’ve mentioned in the past is that while the light rail corridors are busy, we really need to leverage off such a project and enable more development to help make it successful. Perhaps this news is opportune time for the council to start having that discussion
Given this interim guidance it will be interesting to see just the panel say about other rules which can severely restrict development potential such as minimum parking requirements, minimum yard sizes, building setbacks, maximum site coverage and density controls.