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Appeals Sub-committee

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MINUTES OF A MEETING OF THE APPEALS SUBCOMMITTEE
HELD ON TUESDAY, 10 FEBRUARY 2009 AT 9:30 AM
IN THE COMMITTEE ROOM, LEVEL 15, CIVIC ADMINISTRATION BUILDING
1 GREYS AVENUE, AUCKLAND

PRESENT:	Councillors:	Aaron	Bhatnagar	Chairperson
		Graeme	Mulholland, JP	Deputy Chairperson
		Mark	Donnelly

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Appeals Subcommittee meeting held on Tuesday, 27 January 2009, be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   4.1. RESOURCE CONSENT APPEAL - 41-43 HAMON AVENUE, 55-57 DUKE STREET AND 71 PARAU STREET, MT ROSKILL - HOUSING NEW ZEALAND CORPORATION

   Sue Simons from Ellis Gould spoke about the consequences of a condition relating to the use of garages and the enforcement issues. Brendon Liggett from Housing NZ Corporation clarified the inspections and enforcement process relating to Housing New Zealand properties.

   That Sue Simons and Brendon Liggett be thanked for their presentation regarding the use of garages condition in the resource consent for 41-43 Hamon Avenue, 55-57 Duke Street and 71 Parau Street, Mt Roskill.

   CARRIED

5. MAKING PLAN CHANGE 61 TO THE AUCKLAND CITY DISTRICT PLAN: ISTHMUS SECTION, OPERATIVE

   1. That the Appeals Subcommittee adopts the modified areas for plan change 61 as set out in the consent orders from the Environment Court modifying planning maps D15, D16 and E15 to indicate that residential zoning applies, as attached at appendix one of the report of the consultant planner dated 21 January 2009.
   2. That the Appeals Subcommittee recommends to council:
      1. That plan change 61 (residential zone) be incorporated into the Auckland City District Plan: Isthmus Section 1999.
      2. That the Manager: Outer Isthmus, be authorised to publicly notify the date on which plan change 61 will become operative.

   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.

   This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as 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	Resource Consent Appeal - 171 Carsons 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.	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 for an airpark facility at 171 Carsons Road, Waiheke Island.	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	Resource Consent Appeal - 380 Cowes 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.	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 Environment Court's decision to overturn the Council's decision granting a non-complying land use consent to approximately 50 metres of vehicle access required to gain access to the proposed new jetty and boat ramp located within the Coastal Marine Area at 380 Cowes Bay Road, Waiheke Island.	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 - 41-43 Hamon Avenue, 55-57 Duke Street and 71 Parau Street, Mt Roskill	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 27 and 30 of the Council's decision granting consent to the development of 14 units 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.
   C4	Resource Consent Appeal - 381 Great South Road and 2 Waiohua Road, Greenlane	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 refusing consent to a three level office building and car park, the latter which is on residentially zoned land.	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	Resource Consent Appeals - Status Report, February 2009	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)(g) The withholding of the information is necessary to maintain legal professional privilege. In 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, appeals have been lodged with the Environment Court against the Council's decision in either the refusal of consent or the imposition of conditions.	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

   There being no further business, the chairperson declared the meeting closed 10.30 am.