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Appeals Sub-committee

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MINUTES OF A MEETING OF THE
APPEALS SUBCOMMITTEE
HELD ON TUESDAY, 16 JUNE 2009 AT 9:30 AM
IN THE HEARINGS MEETING 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, 26 May 2009 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   There were no requests to speak in public forum.

5. SUBMISSION ON NOTIFIED APPLICATION FOR CONSENT TO DISCHARGE CONTAMINANTS INTO AIR AT 259 JAMES FLETCHER DRIVE, FAVONA, MANUKAU CITY

   That the Appeals Subcommittee retrospectively approves the submission attached as appendix 1 of the report of the Senior Planner Outer Isthmus dated 28 May 2009 that has been lodged on behalf of Auckland City Council to the notified resource consent application by the Pacific Steel Group received on 11 May 2009, to continue to discharge contaminants into air from the manufacture of steel and steel products from scrap, using an electric arc furnace located at 259 James Fletcher Drive, Favona, Manukau City.

   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.	District Plan (Central Area): Appeals to proposed plan modification 8 - Character building Demolition Controls	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)(i) The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report sets out the council's proposed negotiating position with respect to the appeals to proposed plan change 8 before the Environment Court and public disclosure at this time could disadvantage the council in the response to these appeals.	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	125-153 Fanshawe Street, Auckland Central Appeal: ENV-2008-AKL-000279: Mansons TCLM Limited v Auckland City Council	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, an appeal has been lodged with the Environment Court against conditions 19 and 20 of the council's decision which granted consent pursuant to section 127 of the Act for a comprehensive office and marine retail 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.
   C3	Morning Star (St Luke's Garden Apartments) Limited v Auckland City Coucil (ENV 2008 AKL-119) (Application No LUC20040335104) and eight further appeal filed by submitters (ENV 2008-AKL-111 to AKL-118) - 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, 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 Chairman declared the meeting closed at 10.10 am.