The former Dunedin Hospital administration block in Great King St was one of 129 buildings added to the heritage schedule in July, granting it protection from demolition or modification without consent.
Health New Zealand (HNZ) had said the building’s heritage values were not significant enough to warrant protection, and doing so could limit future development of the health precinct.
However, its ultimately successful appeal to the Environment Court came down to a ‘‘gap’’ in Dunedin City Council planning rules.
In a July decision, commissioners Rob van Voorthuysen, Sophie Barker and Jim O’Malley (both then councillors) protected the building, saying it made a ‘‘dramatic and important contribution to the heritage streetscape of the area’’.
In a consent order released last month, Environment Court Judge Prudence Steven, KC, said the appeal was resolved following mediation between the council and HNZ earlier this year.
She said before the commissioners’ decision was made, HNZ had identified the Dunedin Hospital planning zone, which the building sat in, did not require resource consent for activities affecting heritage-listed buildings.
This ‘‘gap’’ was expected to be addressed by further changes to the district plan last year, but a government halt to plan changes ahead of resource management reform scuppered the work.
Therefore, even if the building was protected, there was no ability to add a rule requiring resource consent to demolish or materially alter it.
The council had agreed listing the building without such a rule served no resource management purpose, and it consented to HNZ’s appeal, Judge Steven said.
HNZ head of land and property Monique Fouwler said the organisation welcomed the decision.
‘‘Heritage scheduling would have imposed significant constraints on how the building ... could be used or adapted, adding cost and limiting our ability to respond efficiently to changing health service demands.
‘‘The economic and social impacts of scheduling would have diverted funding away from essential health services.’’
HNZ was assessing future options for the site as part of wider health precinct planning, and no decisions had been made regarding modification or demolition of the building, she said.
An appeal by the New Zealand Defence Force (NZDF) concerning heritage listings for the Kensington Drill Hall, Mobilisation Store and Office and former RNZNVR Divisional Headquarters was also resolved following mediation.
Ms Steven’s consent order said it was agreed while the NZDF owned the buildings, they would not be demolished for any purpose other than ‘‘defence purposes’’.
If NZDF did ‘‘dispose’’ of the buildings, it would follow its usual process, including engagement with Heritage New Zealand Pouhere Taonga on possible heritage protection ahead of disposal.
An appeal by Petrus Yen regarding heritage protection applied to his St Clair home is yet to be resolved.
