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City Development Committee
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OPEN AGENDA

 I hereby give notice that a meeting of the

CITY DEVELOPMENT COMMITTEE

will be held as follows:

DATE: Thursday, 12 March 2009
TIME: 9:30 am
VENUE: Committee Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Cecily Dower
DEMOCRACY ADVISOR

Members:

Cr Aaron Bhatnagar Chairperson
Cr Graeme Mulholland, JP Deputy Chairperson
Cr Douglas Armstrong, QSO
Cr Leila Boyle
Cr Bill Christian, JP
Cr Mark Donnelly
Cr Glenda Fryer
Cr Noelene Raffills

Ex Officio:

His Worship the Mayor, Hon John Banks, QSO
Deputy Mayor David Hay, JP

  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the City Development Committee meeting held on Thursday, 12 February 2009 to be confirmed as a true and correct record.

  3. Top EXTRAORDINARY BUSINESS

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
    (a) The local authority by resolution so decides; and
    (b) The presiding member explains at the meeting at a time when it is open to the public,-
      (i) The reason why the item is not on the agenda; and
      (ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting."
    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
    "Where an item is not on the agenda for a meeting,-
    (a) That item may be discussed at that meeting if-
      (i) That item is a minor matter relating to the general business of the local authority; and
      (ii) The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
    (b) no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."
  4. Top PUBLIC FORUM

    A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

    The following requests have been received to address the meeting:

    4.1. FINANCIAL CONTRIBUTION WAIVER - MR NGARIMU BLAIR

    Mr Blair wishes to address the committee regarding a request by Ngati Whatua o Orakei to have the council waive development contributions for the development of the Papakainga land at Orakei where Ngati Whatua intend to develop approximately 300 dwellings on 14.2 hectares.

    Recommending that Mr Blair be thanked for his attendance.

    4.2. FINANCIAL CONTRIBUTION WAIVER - MR BRENT BILLS

    Mr Bills wishes to address the committee regarding his request for a contribution waiver at 19 and 19A Rielly Place, Mt Wellington, Auckland.

    Recommending that Mr Bills be thanked for his attendance.

    4.3. THE TREE COUNCIL - MS SIGRID SHAYER

    Ms Sigrid Shayer, Chair of the Tree Council wishes to address the committee regarding the Tree Council's concerns over the urban tree related provisions contained within the Resource Management Act amendment Bill, with a view to Auckland City Council's own submission to this Bill.

    Recommending that Ms Shayer be thanked for her attendance.

  5. Top REPORTS REQUESTED/PENDING

    C Dower  
    Democracy Advisor 5 March 2009

    Reporting on the reports requested/pending list and recommending that the report be received.

    [ATTACHMENT 5] Pages 1-2

    POLICY/MAJOR DECISION

  6. Top TE WERO BRIDGE PEER REVIEW

    J Simmons  
    Waterfront Programme Manager 4 March 2009

    Reporting on the peer review of the function and location of the proposed Te Wero Bridge undertaken by Booz and Co.

    Recommending that construction of the Te Wero Bridge be delayed until 2016 with a budget being provided in 2009/2010 for a suitable interim bridge solution.

    Secretarial note:

    A full copy of the Te Wero Bridge - Peer Review will be available in the councillors office or can be obtained from the Democracy Advisor.

    [ATTACHMENT 6] Pages 3-16
  7. Top MARINE EVENT CENTRE  

    C Furlong  
    Manager, Viaduct Harbour Marine Village 2 March 2009

    Reporting on the funding for the development of a new Marine Event Centre as part of the Wynyard Quarter redevelopment.

    Recommending that funding for the Marine Events Centre be brought forward 6 years to 2010 - 2011.

    [ATTACHMENT 7] Pages 17-26
  8. Top FUTURE PLANNING FRAMEWORK PROGRAMME

    K Hill  
    Project Manager City Planning 19 February 2009

    Updating the committee on the progress of the Future Planning Framework programme and seeking endorsement for the draft framework and the approach to engaging with the community and key stakeholders.

    Recommending that the committee endorse the framework for release for stakeholder and community engagement for 8 weeks commencing mid March, endorse the ongoing development of a planning strategy for the isthmus, and that a decision on whether an isthmus district plan is published for informal feedback or notified for formal submission be made once the implications of the Royal Commission and the Resource Management Amendment Bill are known.

    [ATTACHMENT 8] Pages 27-204
  9. Top NOISE SERVICE DELIVERY REVIEW

    C Dee  
    Manager Environmental Health and Licensing 1 February 2009

    Reporting on the review of the complete service regarding noise control, which was commissioned last September, with a brief to understand best practice and to identify ways in which the complainant experience could be improved.

    Recommending to Council that the standalone contract for the third party noise control service is re-tendered and that an additional $190,000 is provided in the 2009-2010 year and a further $110,000 in the 2010-2011 year.

    Secretarial Note:

    A supplementary attachment which contains confidential information (reasons for confidentiality are noted under item 25 of this agenda), has been placed in the confidential section of this agenda. Refer item C1.

    [ATTACHMENT 9] Pages 205-218
  10. Top SIGNS BYLAW 2007 - REVIEW OF REAL ESTATE SIGNS

    H Wagener  
    Senior Policy Analyst Urban Management 13 February 2009

    Reporting on the Signs Bylaw 2007 which came into effect on 2 July 2007. In February 2009, representations were made to this committee by members of the real estate and signs industry relating to restrictions on the size, location and duration of signs for the industry.

    Recommending that there be a small increase to the size of directional real estate signs, deletion of the current ninety day restriction on the display of real estate signs and the need to display the date of installation on the front of the real estate signs and providing for the display of real estate signs on public places where the premises do not have street frontage.

    [ATTACHMENT 10] Pages 219-234
  11. Top LIQUOR LICENSING POLICY DEVELOPMENT - SCOPE

    L Rhodes  
    Community and Social Policy Manager 18 February 2009

    Reporting on the development of the Liquor Licensing Policy scoping report which will guide the development of the policy, and noting that officers will be reporting to this committee in June with an update on the development of the policy with options for a proposed special consultative procedure.

    Recommending that the report be forwarded to the Community Services Committee and the community board chairs for their information.

    [ATTACHMENT 11] Pages 235-282
  12. Top POLICY IN RESPECT OF LEASES OF AIRSPACE AND SUBSOIL OF ROADS

    R Cooper/J Duguid  
    Planner/Manager, Central Area Planning 23 February 2009

    Reporting on the council's policy in respect of leases of airspace or subsoil of roads.

    Recommending that an amendment to the policy to include a 'public benefit' element as an assessment for granting subsoil leases be endorsed, and that amendments to the policy to reduce the number of processes be endorsed.

    [ATTACHMENT 12] Pages 283-298
  13. Top RESOURCE MANAGEMENT ACT AMENDMENTS

    P Pirrit  
    Group Manager City Planning 16 February 2009

    Reporting on the government proposal to introduce an amendment bill to go before Parliament in mid-February with the objective of streamlining and simplifying the Resource Management Act (RMA).

    Recommending that three councillors be delegated authority to consider the bill and approve a submission.

    [ATTACHMENT 13] Pages 299-304
  14. Top PUBLIC PLACES BYLAW WORKING PARTY

    C Dower  
    Democracy Advisor 5 March 2009

    Attaching the minutes from the Public Places Bylaw Working Party meeting held on Thursday 12 February 2009.

    Recommending that no further consideration be given to authorising in-house counsel to seek a declaratory judgement from the High Court, that officers be requested to investigate and report on options for amending the bylaw, and drafting guidelines and policies governing event permits and that officers be requested to investigate ways of seeking legislative change that would specifically empower local authorities with the ability to control, limit or refuse permission for events or parades such as the erotica parade and that the Chief Executive or the Chair of this committee write to the Prime Minister and the Minister of Local Government to put councils case.

    [ATTACHMENT 14] Pages 305-306
  15. Top SANDRINGHAM ROAD - NOTICE OF REQUIREMENT

    B Young  
    Senior Planner Inner Isthmus 19 February 2009

    Reporting on a notice of requirement (NOR) to designate properties at 60, and 64 Sandringham Road and 57 and 59 Walters Road for road widening, which the Transport Committee has resolved to prepare.

    Recommending that the committee resolve to publicly notify the NOR and that independent commissioners are appointed to hear submissions and make recommendations to council.

    [ATTACHMENT 15] Pages 307-324
  16. Top NOTICE OF MOTION - BROADBAND - ENDORSEMENT OF GOVERNMENT FIBRE-TO-THE-PREMISES POLICY

    A Bhatnagar  
    Councillor 4 March 2009

    Providing a notice of motion from Cr Aaron Bhatnagar regarding the government proposal for fibre-to-the-premises broadband.

    Recommending that the committee endorse the government proposal and urge the government to implement this policy.

    [ATTACHMENT 16] Pages 325-326

    BUDGET/FINANCIAL

  17. Top PAPAKAINGA LAND ORAKEI - DEVELOPMENT CONTRIBUTIONS

    L Voyde  
    Acting team leader contributions - policy 16 February 2009

    Reporting on a request by Ngati Whatua o Orakei to have the council waive development contributions (DC) for the development of the Papakainga land at Orakei where Ngati Whatua intend to develop approximately 300 dwellings on 14.2 hectares.

    Recommending that the development contributions (DC) for public space not be charged, that the use of innovative stormwater solutions be considered when assessing DC's for stormwater and that the DC charges for transport apply.

    [ATTACHMENT 17] Pages 327-330

    PROCEDURAL

  18. Top PLAN CHANGE 232 - 509 - 511 SANDRINGHAM RAOD, SANDRINGHAM - APPROVAL TO INCORPORATE INTO THE DISTRICT PLAN (ISTHMUS)

    S Parsons  
    Senior planner, outer isthmus 16 February 2009

    Reporting on Private Plan Change 232 which proposes to rezone land at 509 - 511 Sandringham Road, Sandringham from Residential 6a to Business 2. There were no appeals to the approved plan.

    Recommending to Council that the plan be incorporated into the Isthmus District Plan, and the Manager - Inner Isthmus be authorised to publicly notify this.

    [ATTACHMENT 18] Pages 331-336
  19. Top ISTHMUS DISTRICT PLAN: PROPOSED PRIVATE PLAN CHANGE 227: CENTRAL PARK, 666 GREAT SOUTH ROAD, ELLERSLIE: NOTIFICATION REPORT

    J Fuller  
    Consultant Planner 18 February 2009

    Reporting on Private Plan Change 227 which proposes to replace the concept plan for Central Park, 666 Great South Road, Ellerslie which was developed in the 1980's with a proposed concept plan to allow for a greater density of commercial development.

    Recommending that the Manager, Outer Isthmus be authorised to publicly notify the plan change.

    [ATTACHMENT 19] Pages 337-362

    INFORMATION

  20. Top AUCKLAND CITY ENVIRONMENTS QUARTERLY REPORT

    M Vinall  
    Group Manager, Auckland City Environments 16 February 2009

    Updating the committee on the progress of the Auckland City Environment Group over the second quarter of the 2008/2009 financial year (October to December 2008).

    Recommending that the report be received.

    [ATTACHMENT 20] Pages 363-384
  21. Top QUARTERLY REPORT: DUTY COMMISSIONER PROCESS

    J Marris  
    Team Manager, Democracy Services 17 February 2009

    Providing a quarterly update on the work that the Duty Commissioner process has completed from 17 September 2008 to 6 February 2009.

    Recommending that the committee notes that the duty commissioner process has now 'bedded in' and has improved decision making timeframes and that there are no apparent trends that require attention identified by the duty commissioners.

    [ATTACHMENT 21] Pages 385-388
  22. Top UPDATE ON THE AUCKLAND CITY WI-FI SERVICE IN THE CBD AND CBD FRINGE

    J Garing  
    Broadband Project Manager Economic Development 25 February 2009

    Updating the committee on the launch of a significant Wi-Fi service on 20 January 2009, which is the result of a public-private partnership between Auckland City Council, Tomizone and Kordia and enables effective internet access in popular areas of the CBD and the CBD fringe.

    Recommending that the committee note the alliance between Auckland City Council, Tomizone and Kordia, the benefits offered by the Wi-Fi service and that further zones will be deployed around central Auckland over the next twelve months and beyond.

    [ATTACHMENT 22] Pages 389-396
  23. Top ONEHUNGA FORESHORE MASTERPLAN UPDATE - MAUNGAKIEKIE COMMUNITY BOARD RESOLUTION.

    C Dower  
    Democracy Advisor 5 March 2009

    Providing an extract from the minutes of the Maungakiekie Community Board meeting held on Thursday, 19 February 2009 where it was resolved inter alia as follows:

    1. That the Maungakiekie Community Board commends the City Development Committee for its recommendation to Combined Committees that council confirm a $10 million contribution towards the New Zealand Transport Authority's Project for a coastal amenity for the Onehunga Foreshore.

    Recommending that the extract be received.

    [ATTACHMENT 23] Pages 397-398
  24. Top NOTICE OF MOTION - ANN'S CREEK WETLAND

    L Boyle  
    Councillor 4 March 2009

    Providing a notice of motion from Cr Leila Boyle regarding the protection of the Ann's Creek Wetland and immediate surrounds.

    Recommending that officers develop specific proposals for appropriate planning or other actions for the protection of the Ann's Creek Wetland and immediate surrounds as part of the Future Planning Framework and otherwise, in order to better protect this unique and regionally significant saltwater and freshwater wetland and bird habitat and also the opportunity for public access between Hamlin's Hill and the Manukau foreshore walkway.

    [ATTACHMENT 24] Pages 399-400
  25. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    C Dower  
    Democracy Advisor 2 March 2009
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    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 Noise Service Delivery Review 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)(e)

    The withholding of the information is necessary to avoid prejudice to measures that prevent or mitigate material loss to members of the public.

    In particular, the report outlines details of a contract about to be tendered.

    Section 7(2)(b)(ii)

    The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

    In particular, the report contains details of a contract about to be tendered. These details are commercially sensitive in that they outline the expected costs of the contract

    Section 48(1)(a)

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

    The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

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