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Appeals Sub-committee

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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE
APPEALS SUBCOMMITTEE
HELD ON TUESDAY, 26 MAY 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, 12 May 2009, be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

   That item 5 be taken at this point.

   CARRIED

4. PUBLIC FORUM

   4.1. RESOURCE CONSENT APPEALS - 51A ST LUKE'S ROAD, MT ALBERT

   John Milliken and Dennis Grennell, Secretary and Chairman respectively of the body corporate for 51A St Lukes Road, Mt Albert, spoke to their tabled submissions.

   [ATTACHMENTS 4.1 & 4.2]

   Martin Reesby, representing the developer, advised that final resolution of the project is being sought to enable the development to be completed to the residents' satisfaction, however it would also need to be financially viable for this to occur.

   That Dennis Grennell, John Milliken and Martin Reesby be thanked for their presentation regarding Morning Star (St Luke's Garden Apartments) appeal.

   CARRIED

5. EXEMPTION FROM THE FENCING OF SWIMMING POOLS ACT 1987 - 9A WAIATA AVENUE, REMUERA

   That the application for exemption from the Fencing of Swimming Pools Act 1987 at 9A Waiata Avenue, Remuera be deferred until the Appeals Subcommittee's next meeting to allow officers time to investigate and report back on adequate locking mechanisms on the front gate and the pool cover.

   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.	Morning Star (St Luke's Garden Apartments) Limited v Auckland City Council (ENV 2008-AKL-119) (Application no. LUC20040335104 and eight further appeals filed by submitters (ENV 2008-AKL-111 to AKL-118) - Environment Court Appeal	Public conduct of matter would be likely to result in 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, appeals have been lodged with the Environment Court to the Council's decision granting consent subject to conditions to a section 127 application to modify a comprehensive housing development 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.

   CARRIED

   There being no further business, the chairperson declared the meeting closed at 11.30 am.