A century-old inner-city Hamilton bungalow that sold for a record breaking $5.5m could be bowled within the next four years.

The new owner squeaked in and got permission to demolish the property just months before Hamilton City Council classed it as a heritage protected building.

Former Hamilton mayor Andrew King sold his inner-city mansion in March last year for $5.5m, but the transaction did not settle until 12 months later.

In the meantime, the new Hamilton-based owner, who is one of several investors who purchased the property, applied to the council to demolish the house on 19 August and a Certificate of Compliance to permit was approved on 16 September 2021.

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Under the council’s controversial Plan Change 9 proposal aimed at protecting the city’s history, the Liverpool St property is now one of 403 properties in the city classed as being built heritage and requires a resource consent for a range of work including alterations and extending any structure or fence on site.

Plan Change 9 was notified in July and the rules took immediate effect to protect the properties and items while the formal hearing process in underway meaning property owners can no longer apply for a Certificate of Compliance.

Hamilton City Council planning guidance manager Grant Kettle said the Liverpool St home could be bowled because the district plan permitted it at the time the certificate of compliance was granted.

“If the owner does not demolish the buildings within the five-year period as permitted in the Certificate of Compliance, then any development will need to comply with the rules under Plan Change 9.”

115-year-old house on Liverpool Street, in Hamilton

Former Hamilton mayor Andrew King bought the Liverpool Street home for $2.05m in 2017, records show. Photo / New Zealand Herald

Kettle said Certificates of Compliance are often sought to give owner’s greater levels of certainty.

King and his wife Anne purchased the five-bedroom, three-bathroom property in April 2017 for $2.1m shortly after becoming the city’s mayor. He told media at the time that the “grand house” would suit his position and meant he could walk to his council office.

King told OneRoof last month that he would not be commenting on the property now or in the future.

King also sold a second property on Hardley Street that backed onto his residence at the same time for $1m – almost double what he paid for it in 2017, records show.

The smaller Hardley St property under Plan Change 9 has been classed as having a notable tree outside it and a resource consent is required before any works are carried out within the protected root zone.

Harkness Henry resource management lawyer Charlotte Muggeridge said the reason why council may have held off sending letters to owners notifying them of the plan change until notification was completed could have been to avoid the rush for Certificates of Compliance.

Under Plan Change 9 demolition of buildings classed Built Heritage ranked B such as the Liverpool St home is discouraged and considered a discretionary activity.

“Given that heritage is a matter of national importance, the council may consider that such an application should be notified, drawing an applicant into a resource consent hearing process, which is both lengthy and expensive. Having the Certificate of Compliance for Liverpool Street avoids this process because any changes to the building which were permitted under the plan before PC9, will remain permitted for that five-year period.”

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