Art Deco cottages cleared for the axe

Protesters and police were present as Ward Demolition began the demolition of one of the houses on Turua St, St Heliers. Photo / Sarah Ivey

Save Our St Heliers Society members were last night awaiting the destruction of three Spanish mission-style homes after their protection bid was rejected.

Environment Court Judge Laurie Newhook yesterday refused to issue an enforcement order to prevent the Turua St buildings being demolished.

That decision followed an interim order last week which stopped a digger in its tracks after it had smashed down the rear of one of the houses.

Earlier, the landowner had delayed demolition for a month to give Auckland Council time to consider alternatives.

Developer Ancona Properties is now free to resume clearing five houses: the Spanish mission-style cottages built in 1935, two 1890s Victorian cottages and a house in two flats at No 20, which is the first duplex weatherboard house in Auckland and which is to make way for a car park.

A disappointed spokeswoman for the society, Dorothy McHattie, said: "Auckland heritage continues to be sold down the river.

"All we wanted was a full assessment of the buildings' heritage but there was no opportunity for doing so."

The task for the society's legal team of David Kirkpatrick and Ron Walden was to prove that under the Resource Management Act the demolition would be noxious, dangerous, offensive or objectionable to such an extent that it would have an adverse effect on the environment.

Standing in the "shoes of the community" and while considering the subject matter to be somewhat offensive or objectionable, Judge Newhook said: "I cannot go so far as to find such to an extent that it is likely to have an adverse effect on the environment, given the dearth of information, and in particular expert opinion, that these buildings have any significant value for the purposes of historic heritage as defined in the act.

"Sadly, it is not sufficient in the current analysis to acknowledge that the buildings are much liked or even loved, by a section of society.

"I know that will come as considerable disappointment to those who hold these buildings in affection and regard them (from a lay point of view) as important in heritage terms."

Judge Newhook said most information about the buildings was in the area of "character-defining" or "character-supporting" rather than their heritage qualities.

Submissions were made by Richard Brabant for the developer and James Hassall for the Auckland Council that in the opinion of council heritage manager George Farrant, the buildings did not rate protection in the District Plan.

The judge said Mr Farrant's opinion deserved respect as he was a New Zealand leader in his field but he noted the skilled efforts of the society's counsel and the devotion of its witness Dorothy McHattie.

Though brought by the society, the injunction was financed by businessman and National Business Review publisher Barry Colman.

Mr Colman said the developer had won one battle but faced another: The project still had to be built and tenanted in the face of overwhelming ill will in the community.

"We are still at the tipping point. The developers [Michael and Sandra Markham] are a successful business couple. They have the opportunity to re-think the project and come to some compromise with the community."

Councillor Cameron Brewer said the society had given the new council a "huge wake-up call".

"Rest assured, heritage will now be at the top of ... councillors' minds."