page_title: Birkenhead Public Library
section_title: Rezoning debate
hierarchical_section_title: Birkenhead Public Library / Controversy over the new building / Rezoning debate
caption_attribution_description: English: Diagram of zoning change in Nell Fisher reserve and adjacent plots of land. All lines, scale, are approximate only.
context_page_description: Birkenhead Public Library is a New Zealand library, part of the Auckland Libraries system located on Auckland's North Shore. Founded in 1949 it predominantly serves the areas of Birkenhead, Beach Haven, Birkdale, Kauri Park, Chelsea, and Birkenhead East, a population of about 26,000, including six primary schools, two intermediate schools, and two colleges.
  Typical of medium-sized public libraries in New Zealand, it is able to provide an extensive range of modern library resources and services through its integration into a wider urban network, and through its association with the National Library, while retaining its own distinct, local connections such as the Archives Collection of the Chelsea Sugar Refinery.
  The library was the first public library to be founded in North Shore City, the first to offer dial-up access to the New Zealand Bibliographic Network, and a leading proponent of full weekend services.
  For four years the library was located in temporary quarters in the Birkenhead Leisure Centre, while a dispute over the location and design of its proposed new building was resolved.
context_section_description: Thwarted, the Council elected to seek rezoning. As Geoff Chamberlain, the City Librarian acknowledged, the original zoning on the site was historically complex, and never tidied up. In fact, it limited the coverage of any building to only 10% of the land; but the original building built in 1968 had covered 19.5%. This did not include the Plunket building. The new plan was initially thought to be 32.9%, then revised to 48%. This apparent expansion of the footprint particularly concerned resident Clyde Scott, who was later one of those who lodged an appeal with the Environment Court.
  In the local paper, the North Shore Times, there was a steady clamour from both opponents of the project and those in favour. In addition to issues with the new library itself, the Council's performance was questioned, concern was raised about the drop-off in existing library services, and the library project was linked to the ongoing redevelopment in the whole of the Birkenhead town centre.
  Four months after the library was demolished, Jill Nerheny, the Birkenhead-Northcote Community Coordinator, claimed there was a groundswell of support for leaving the land as green space. Residents Clyde Scott and Peter White became adamant the community would be better served with a park on the reserve site and the library located elsewhere in Highbury. Others lobbied for the fence ringing the library site to be taken down, and eventually the Birkenhead-Northcote Community Board had it pushed back to the perimeter. Two new park benches were installed on the reserve to take advantage of the expanse that was now available (pictured).
  As part of their later application on rezoning, the Council submitted a report on the prevailing winds, which suggested the land would be unsuitable as open space. While the commissioners acknowledged this, they felt that landscaping could improve the situation somewhat. They then noted the number of people using the newly opened reserve was "relatively modest," especially when contrasted with the significant number who wanted to reinstate the library there.
  Three-quarters of those who made submissions on the rezoning supported the change, including Thea Muldoon. Prominent among those objecting were former television newsreader Judy Bailey, and property developer, Graham Milne.
  Milne, who had made proposals as far back as 1989, proffered a wide variety of alternative plans for a far more elaborate community centre.  These involved road closures, adding new roads, and leasing or selling his land on 15 and 17 Rawene Road, or going into partnership using his buildings.  There was, however, little support for his ideas. In October 2005, he sent an email to Community Services & Parks Committee claiming his proposals had been misrepresented. He accused those doing the assessment reports of "yet more incompetence" and threatened to contest the rezoning "fiercely.. every step of the way." The Committee concluded, contrary to Milne, that the reports were "thorough and included site analysis, as well as evaluation of alternatives."
  In June 2006, the three independent commissioners approved the rezoning of the district plan (pictured). Their decision acknowledged the significance of historical precedent. In other words, the fact that there had been a library on the site for over thirty years was "notable" with regards to the usage the land was now put to. Also important was the appropriateness of the site in comparison to other options. Previous reports in 2003 and 2005 had considered the existing site was the best choice, while the Highbury Centre Plan of 2006 indicated that there had been extensive close consultation with the community over two years, which in a general sense was pertinent to the usage of the contested land. The commissioners concurred, and the library site became formalised as part of a Special Purpose 9 zone, which allows for the continued operation of community facilities. They noted too, that it is this zoning which underlies other North Shore Libraries, such as the ones at Takapuna and Glenfield.
  The commissioners 
caption: Zoning at the library site, before and after the commissioners' decision.
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