Council protection plans too late for historic Stuart Street house

by Andrew Ashton - Oct 07, 2024

Plans to protect more than 140 heritage buildings in Dunedin have been welcomed but are likely too late to save a Stuart Street landmark.

Dunedin District Council this week unanimously agreed to notify plans to change its District Plan by adding 146 additional scheduled heritage buildings, the most of which are new to the schedule.

Southern Heritage Trust chair Jo Galer said the council was “ trying harder and recognising more that we have too much to lose … so they are to be commended for this.”

However, the proposed changes will not affect plans to demolish a 1920s-built house on Stuart Street, designed by architect Edmund Anscombe, who was responsible for designing Otago Girls High School and many of Dunedin University’s 1920s buildings. A petition on change.org is the last chance for the building, but developers still need a building consent to put up the proposed apartments.

“The Stuart Street  house is earmarked for demolition because it was not protected on the council's district plan, a lot of people were angry and upset about that as it is a beautiful old landmark mansion, and this has been a wakeup call for the DCC, who have been prompted into action by this and the public furore which followed,” Ms Galer said.

“They realised a lot more early Dunedin historic homes and properties were at risk as a result of this planning conundrum, which meant a tree on the property was protected, but not the property itself in Stuart Street. So much so, not even a demolition permit is needed.

“For context, their own district plan at the same time freed up these same city heritage zones around the inner city area (close to town), as we call them, for intensive housing making it easy for developers to bowl them as of right to develop apartments etcetera, usually cheaply built and a very poor and detrimental replacement for our beautiful built heritage.

“Now, the council is reviewing its listings and also looking at changes in its district plan to better protect these houses.“Our Trust warned them about this around 2016 when the District Plan was being reviewed.

“At least they are acting now on this wake-up call and we hope this will meant we won't see any more Stuart Street debacles."

A staff report to DCC confirmed when properties are confirmed as scheduled heritage buildings, resource consent will be required for some types of work affecting the protected part of the building.

In many cases the protected part is limited to the façade of the building to the street but consent will also be required for work to a non-protected part of the building, if the work is visible from a public place.

“When making a decision on these types of resource consent, the 2GP requires consideration of the effect of the changes on the heritage values of the building,” the report said.

“The 2GP policies support work required for the building to comply with the Building Act.  Work required for earthquake strengthening of heritage buildings is a ‘controlled activity’, meaning that the council must grant the consent.

“Demolition of a scheduled heritage building is a ‘non-complying activity’, and the policies in the plan do not support demolition unless either: the building poses a significant risk to safety or property; or the demolition is required for a project that would have significant public benefit that could not otherwise be achieved, and there are no reasonable alternatives to demolition.”

The changes will not be retrospective and will not affect the status of resource consents that have already been approved.

The plan change will be notified from November 20. The full list of buildings will be released once the plan change is notified.

Building owners have already been contacted by letter and can appeal to the council’s hearings panel should they not want their building on the list.

Image: Southern Heritage Trust chair Jo Galer at the 1920s build house on Stuart Street, scheduled for demolition.

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