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MINUTES OF A MEETING OF THE APPEALS SUBCOMMITTEE

HELD ON TUESDAY, 28 OCTOBER 2008 AT 9:30 AM

PRESENT: Councillors: Aaron Bhatnagar Chairperson
    Graeme Mulholland, JP Deputy Chairperson
    Mark Donnelly  
    David Hay, JP [until 10.35 am following item C7]
ALSO PRESENT: Councillor Glenda Fryer  

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Appeals sub-committee meeting held on 14 October 2008 be confirmed as a true and correct record, subject to the following amendment:

    Item C3 - Resource Consent Appeal - 228 Orakei Road

    The following note to be inserted following this item:

    "Councillor Bhatnagar neither spoke nor voted on this item."

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    There was no public forum.

  5. Top 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 District Plan Isthmus - Plan Modification 132 - Character Overlay: Appeal by F Power, 21 New North Road, Eden Terrace 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 on plan change 132 in relation to the site at 21 New North Road, Eden Terrace, 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 District Plan Isthmus - Plan Modification 132 - Character Overlay - appeal by the Roman Catholic Bishop of the Diocese of Auckland 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 on plan change 132 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.
    C3 Resource Consent Appeal: Gulf District Plan Association 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 granting land use consent to a new dwelling at 205 Church Bay Road, Waiheke Island.

    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.
    C4 15-19 Vale Road consent appeal:
    ENV-2008-AKL-000193: Mal Smith 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 an additional unit at this site and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    		 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.
    C5 7-9 Edenvale Crescent, Mt Eden. Edenvale Home Trust Board v Auckland City Council: ENV-2008-AKL-000190 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 various conditions of consent granted to redevelop an existing rest home and to use the completed development as a rest home and private hospital.

    		 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.

    C6

    		 30-44 Barrack Road, Mt Wellington ENV-2007-AKL-000677 Auckland City Council 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 specific conditions of the council's decision on a notice of requirement to designate land for open space. Disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    		 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.
    C7 Resource Consent Appeal - 228 Orakei Road, Orakei 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 specific conditions of 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.

    		 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.

    CARRIED

    The chairperson vacated the chair and the deputy chairperson assumed the chair for item C7.

    There being no further business, the chairperson declared the meeting closed at 11.58 am.