Heritage groups let off the hook

Sandra Coney. Photo / Natalie Slade

The Auckland Council is withdrawing a $106,500 claim for costs against community groups involved in the Masonic Hotel heritage case - but has relaxed heritage protection for an 1890s cottage in Ponsonby.

Yesterday, councillors voted 10-8 for a notice of motion by heritage forum chairwoman Sandra Coney and Mike Lee not to pursue costs against Devonport Heritage, the Masonic Friendly Society and Historic Places Trust.

Last July the groups lost a long fight to stop the Devonport hotel being turned into apartments and a cafe.

Ms Coney said Auckland needed passionate community groups to defend heritage.

"If we crush these two groups, what message do we send to the wider Auckland community - 'don't disagree with the Auckland Council because we will come after you with all our considerable legal and financial resources'," Ms Coney said.

Pursuing costs, she said, would be futile anyway because the groups did not have the resources.

The former North Shore and Auckland Councils spent $335,000 on the Masonic case.

Devonport Heritage chairwoman Margot McRae said she was "very grateful for the decision".

A senior mayoral officer said chasing community groups for legal costs should be the exception and the council needed to develop guidelines so groups knew where they stood before mounting campaigns.

The regional development and operations committee nearly stopped a move by a company controlled by property mogul Michael Friedlander - ninth on the NBR Rich List with $700 million - to rezone a small 1890s cottage at 2 Hepburn St.

The vote to rezone the land from a residential heritage zone to Business 2 - which Ms Coney said would make it easier to demolish - passed by eight votes to seven after deputy mayor Penny Hulse made a last-minute appearance to vote for the measure.

Mr Brown and councillors are under growing pressure to prevent the destruction of heritage buildings following the January demolition of seven old buildings in St Heliers and the actions of Mr Friedlander's Samson Corporation, which is removing one of the oldest buildings on Ponsonby Rd to build a new retail space.

Last night, Marco Creemers of Samson Corporation said the company was removing the two-storey cottage being used as a shop in Ponsonby Rd because it was not the best use of the site, and the replacement building met the requirements of the Ponsonby plan.

Mr Creemers said the company had no plans to remove or demolish 2 Hepburn St and wanted to rezone the land to align it with adjacent zoning, qualify it for its current consented business use and eventually work with the council to straighten a piece of service land.

"Samson Corporation has a proven track record of retaining and restoring heritage buildings," he said.