YOU ARE IN: Your council > Council members and meetings > Auckland City Council - Appeals Sub-Committee

Appeals Sub-committee

Back to contents

MINUTES OF A MEETING OF THE APPEALS SUB-COMMITTEE

HELD ON TUESDAY, 8 JULY 2008 AT 9:30 AM

PRESENT:	Councillors:	Peseta Sam	Lotu-Iiga	Chairperson
		Graeme	Mulholland, JP	Deputy Chairperson
		Mark	Donnelly
ALSO PRESENT:	Councillor	Aaron	Bhatnagar

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Appeals Sub-Committee meeting held on Tuesday, 24 June 2008 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   That the committee consider the report entitled "Resource Consent Appeal - 228 Orakei Road, Orakei" by the Consultant Planner dated 4 July 2008 as an extraordinary item to be considered at item 6 (C3) of this agenda, the reason for urgency being "responding to the Court imposed timetable".

   CARRIED

4. PUBLIC FORUM

   There were no requests to speak in the public forum.

5. EXEMPTION FOR FENCING OF SWIMMING POOLS ACT 1987

   1. That the report dated 16 June 2008 from the Pool Fencing Coordinator be received.
   2. That the committee recommends that the existing pool area can remain unchanged, subject to the additional layers of protection being installed incorporating the following NZS8500 standards:
      1. Additional fencing to be erected by the BBQ area, this will eliminate access from the rear doors of the dwelling that are out of sight of the pool.
      2. Windows opening into the pool area to be restricted to open no more than 100mm.
      3. That within two years, all doors leading into the pool area to be fitted with alarms that comply with UL 2017. (see fact sheet appendix 4)
      4. That a pool alarm to comply with ASTM F2208, be fitted now to provide an additional layer of protection (see fact sheet appendix 5)
      5. That if an exemption is granted, it should only apply to the current owners of the property.

   CARRIED

6. EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

   That the public be excluded from the following part(s) of the proceedings of this meeting.

   The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows:

   Item No.	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
   C1	The appeal by T and V Hill to plan change 192 (residential 3 zone)	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, negotiations [including commercial and industrial negotiations]. In particular, an appeal has been lodged with the Environment Court against the Council's decisions on plan change 192 and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings. The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.
   C2	241 Church Bay Road, Waiheke Island. Ardern v Auckland City Council: ENV-2007-AKL-000803 - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against conditions 22 of the Council's decision refusing consent to proposed two lot subdivision at 241 Church Bay Road, Waiheke Island	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7
   C3	228 Orakei Road, Orakei Appeal: ENV-2008-AKL-000079: ORC Trust Limited v Auckland City Council	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the Council's decision to refuse consent to the proposed development of a 5-block apartment complex in the Mixed Use zone and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

   There being no further business the Chairman declared the meeting closed at 10:52 am.