Takapuna-Milford coastal walk: Family threaten to close public access over heritage listing

Part of the Takapuna to Milford coastal walk passes through the Firth family's private land, but they may soon close it off to the public if council doesn't act, lawyer Alex Witten-Hannah says. Photo / Dean Purcell

A small Auckland cottage surrounded by some of the city’s most desired waterfront mansions is at the centre of a heritage dispute that could lead to the closure of part of the city’s Takapuna to Milford coastal walkway. Ben Leahy investigates.

Aucklanders may soon find part of the beautiful Takapuna to Milford coastal walkway blocked if a heritage battle over a small seaside cottage cannot be resolved.

Tens of thousands of walkers pass through Firth cottage’s private land each year as they follow the 2.5km coastal walk past Black Rock on Takapuna’s North Shore.

Former owner Paul Firth opened his land free of charge to walkers in 2011 after a public bridge washed away in front of his property.

The Firth family say they now want to gift that slice of land to Auckland Council to be permanently used as part of the walkway, on condition the council removes a 2013 heritage listing placed over the cottage.

The family believe the “unfair” listing greatly reduces the property’s potential sale price, given council has valued the cottage at just $50,000 while its prime waterfront land has a $6.8m CV.

However, lawyer Alex Witten-Hannah, acting on the family’s behalf, said the council hasn’t replied to their offer in more than a year.

That may force the family to close public access to their land by September 29 and put it up for sale as is, he said.

“Generations of North Shore people have made that iconic walk from Takapuna to Milford and the Firth property is a vital link in that,” he said.

“But Auckland Council doesn’t seem to be the least bit interested.”

Witten-Hannah said he has been invited to speak to an “emergency” meeting of the Takapuna, Milford, Castor Bay and Sunnynook community associations to discuss the possible path closure and land sale.

Two issues are at stake in the long-running saga, he said.

The first is that council has the chance to secure a prized piece of city land for future generations so that part of the Takapuna to Milford coastal walk stays open, he said.

Lawyer Alex Witten-Hannah stands in front of the humble Firth cottage that sits next to a four-storey $13m mansion. Photo / Dean Purcell

Alex Witten-Hannah stands on the remnants of the coastal pathway bridge. Photo / Dean Purcell

Beloved by Aucklanders, the coastal track swarms with walkers trekking over narrow pathways and beaches and past stunning homes with views over Rangitoto Island.

The Firth cottage sits at a particularly popular spot, close to the 1920s-built Merksworth Castle and Thorne and Milford Beaches.

But if the Firths close their land to the public, walkers will need to detour away from the coast and onto public roads before rejoining the path about a block further down.

The other issue is the family’s chance to sell their property at reasonable price, Witten-Hannah said.

The small 1920s bach has an asbestos roof and sits in stark contrast to the multi-million dollar mansions surrounding it, including a four-storey home next door with a $13m CV.

Witten-Hannah said the council placed a heritage listing over the cottage in 2013 without consulting the Firth family.

A notation on the listing said the property’s main heritage is its cultural value.

That’s because noted mid-1900s photographer Clifton Firth used to meet at the property and was “part of the North Shore’s famed mid-century literary and artistic community”.

Auckland City Libraries now hold a “very large collection” of his photos that he gifted to them.

The cottage is less important but has “some significance as one of the few remaining holiday homes that were once prevalent throughout the North Shore”, the notation states.

Witten-Hannah said the listing is unfair because, while all the Firths’ neighbours have been free to demolish their homes and rebuild mansions, they are being penalised for not having done so earlier.

And the heritage listing is also likely to benefit a rich buyer at the cost of the family, he said.

That’s because the listing may allow a rich buyer to pick up the prized land “cheap” and then pay lawyers to fight the cottage’s heritage listing or negotiate a deal to relocate it elsewhere, Witten-Hannah said.

However, the Firth family – a group of relatives who inherited the property after Paul Firth and his sister died – do not have the same funds to legally contest the listing.

The Firth family are likely to close public access to the walkway by September 29. Photo / Dean Purcell

The family say thousands of people pass through their property each day. Photo / Dean Purcell.

The Firth family said the heritage listing is just one among a list of grievances they have with council.

They said Paul Firth initially opened his land to Takapuna to Milford coastal walkers as a temporary detour while council worked on a solution to building a new path.

In the following years, Firth kept the path open and maintained, receiving no benefit or discount on his rates, the family said.

But when it became clear a new path wouldn’t be built, Firth and his sister Ann made a “hugely generous” offer to allow council to purchase the land at 50 per cent of its CV on the guarantee the land would be kept for public use, the family said.

It was around this time Firth found out about the heritage listing, the family said.

As a result, the council made a counter-offer to buy the property at 50 per cent of CV minus a further 20 per cent because the listing reduced its value.

The long-running negotiations fell apart last year with the council deciding it would not buy the property.

Auckland Council’s head of property and commercial Kim O’Neil said the council has “engaged with the property owner since 2012 and continues to work through this matter”.

She said there was a process for local boards and the council to make a decision about accepting the slice of coastal land and that dates for these had not been set.

She also confirmed council had not spoken with the family since August last year.

“There has been no contact initiated by the council over the last 12 months, however further open space assessments and other background work has continued.”

But accepting the land and considering the heritage status “would need to be considered separately and independently”, O’Neil said.

“If pursued, this would need to be as part of a public process.”

The family, for their part, said they were making one final attempt to keep the path open for the public before they close the property in September and look to sell it over the summer.

They said there would be no guarantee the new owners would keep the path open.

“Thousands of people walk this path each week. The [family] estate are also calling for the community to engage the council to support these negotiations if they wish to see the path kept in public hands.”