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Back to contents MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE CITY DEVELOPMENT COMMITTEE

HELD ON THURSDAY, 09 OCTOBER 2008 AT 9.30AM

PRESENT: Councillors Aaron Bhatnagar Chairperson
    Graeme Mulholland, JP Deputy Chairperson
    Douglas Armstrong, QSO  
    Bill Christian, JP  
    Glenda Fryer  
    Noelene Raffills [Until 12.35pm, item 14]
  Deputy Mayor David Hay [From 10.25am, item 4.4
until 12.20pm, item 12]
ALSO PRESENT: Councillor Leila Boyle  
    Dr Cathy Casey  
    Graeme Easte  
    John Lister, OBE  
    Denise Roche  

  1. Top APOLOGIES

    That the apologies from Councillor Donnelly for non-attendance and Councillor Raffills for early departure be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the City Development Committee meeting held on Thursday, 11 September 2008 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

    4.1. MALTI INVESTMENTS LIMITED - MR JOHN PRASAD

    The Chairperson moved:

    1. That Mr Mark Callander from Creative Arc Architects and Mr Barry Green, Conveyor be thanked for their presentation on behalf of Mr Prasad regarding requesting a waiver of any new levies/contributions//development charges against a new subdivision application at 19 Coronia Crescent, Lynfield.
    2. That officers undertake a special assessment of the development contribution and report to the December 2008 City Development Committee.

    Councillor Fryer moved an amendment:

    Add to resolution B above after contribution, "and other issues raised".

    The amendment was put by a show of hands and declared LOST by 5 votes to 1.

    The Chairperson put the substantive motion:

    1. That Mr Mark Callander from Creative Arc Architects and Mr Barry Green, Conveyor be thanked for their presentation on behalf of Mr Prasad regarding requesting a waiver of any new levies/contributions//development charges against a new subdivision application at 19 Coronia Crescent, Lynfield.
    2. That officers undertake a special assessment of the development contribution against a new subdivision application at 19 Coronia Crescent, Lynfield and report to the December 2008 City Development Committee.

    CARRIED

    The Chairperson vacated the Chair for items 4.2 through to 6 and the Deputy Chairperson resumed the Chair.

    4.2. ORAKEI RESIDENTS GROUP - MR NEVILLE DARROW

    Mr Darrrow spoke regarding the Orakei Residents Group's concern with the consultation carried out with the community and the role of council in the development proposal at Orakei.

    That Mr Neville Darrow, Mr Ian Donald and Mr Warren Tuohey be thanked for their presentation regarding the Orakei Peninsula development.

    CARRIED

    4.3. VOLCANIC CONES SOCIETY

    Ms Vink spoke to her tabled submission entitled Auckland Volcanic Cones Society .

    [ATTACHMENT 4.3]

    That Ms Linda Vink, Secretary of the Volcanic Cones Society and Ms Sue Davidson be thanked for their presentation regarding the Orakei Peninsula development.

    CARRIED

    4.4. REDWOOD GROUP LTD - T GAPES, A SHOWLER, R HARRIS

    Mr Gapes spoke to his tabled submission entitled Redwood.

    [ATTACHMENT 4.4]

    That Mr Gapes, Mr Showler and Mr Harris from the Redwood Group be thanked for their presentation regarding the Orakei Peninsula development.

    CARRIED

  5. Top REPORTS REQUESTED/PENDING

    The Deputy Chairperson moved:

    That the reports requested/pending list for October 2008 be amended as follows:

    Row

    Target Date

    Report Title

    Reason for Changing Target Date

    24

    From TBA to Dec 08

    Consenting for public artworks.

    To be reported after consideration of public artworks at the November Arts, Culture and Recreation Committee.

    Councillor Fryer moved an amendment:

    Row

    		Target Date Report Title Reason for Changing Target Date
    25 Dec-08 Independent Commissioners report on resource consent hearings With the move from Councillor and Community Board member commissioners to independent commissioners, the report is intended to apprise councillors of the issues that have arisen in the hearings as they relate to enforcement in the District Plan.

    LOST

    The Deputy Chairperson put the substantive motion:

    That the reports requested/pending list for October 2008 be amended as follows:

    Row

    Target Date

    Report Title

    Reason for Changing Target Date

    24

    From TBA to Dec 08

    Consenting for public artworks.

    To be reported after consideration of public artworks at the November Arts, Culture and Recreation Committee.

    CARRIED

    POLICY/MAJOR DECISIONS

  6. Top ORAKEI PENINSULA MASTER PLAN OPTIONS

    The Deputy Chairperson moved:

    1. That the City Development Committee recognise:
      • the importance of the Orakei peninsula as a location for a quality transit-oriented development;
      • the importance of any development being designed to respect and enhance the peninsula's coastal location and volcanic features;
      • the ability under the current zoning provisions (status quo) applying to the peninsula to build around 80,000m2 of gross floor area;
      • an integrated master plan will deliver better outcomes for the area and the city then development under the status quo.
    2. That the City Development Committee note that no position or decision has been taken on the preferred form of development for Orakei peninsula or if there is to be any change to the district plan, whether this should be a public or private plan change.
    3. That further engagement occurs with the community and stakeholders on Options II, III and IV of the Orakei Peninsula Master Plan options.
    4. That feedback from that engagement process regarding the Orakei Peninsula Master Plan options be reported to City Development Committee along with a preferred master plan option and whether or not any plan changes are desirable.

    Councillor Fryer moved an amendment:

    That option V of the Orakei Peninsula Master Plan options also be included in resolution C above.

    The Deputy Chairperson put the substantive motion:

    1. That the City Development Committee recognise:
      • the importance of the Orakei peninsula as a location for a quality transit-oriented development;
      • the importance of any development being designed to respect and enhance the peninsula's coastal location and volcanic features;
      • the ability under the current zoning provisions (status quo) applying to the peninsula to build around 80,000m2 of gross floor area;
      • an integrated master plan will deliver better outcomes for the area and the city then development under the status quo.
    2. That the City Development Committee note that no position or decision has been taken on the preferred form of development for Orakei peninsula or if there is to be any change to the district plan, whether this should be a public or private plan change.
    3. That further engagement occurs with the community and stakeholders on Options II, III and IV of the Orakei Peninsula Master Plan options.
    4. That feedback from that engagement process regarding the Orakei Peninsula Master Plan options be reported to City Development Committee along with a preferred master plan option and whether or not any plan changes are desirable.

    CARRIED

    Councillor Bhatnagar neither spoke nor voted on items 4.2, 4.3, 4.4 and 6 above.

    Secretarial note:

    It was agreed that all Council press releases relating to the Orakei Peninsula Master Plan will be issued by the Deputy Chair of the City Development Committee.

    The Chairperson resumed the chair at this point.

  7. Top AMENDMENT OF THE TRAFFIC BYLAW 2007

    1. That the City Development Committee:
      1. endorse the attached proposed amendment of the Auckland City Traffic bylaw 2007 (attachment 1 of the report of the Senior Policy Analyst Urban Management dated 25 September 2008) which:
        1. restricts some roads on the Hauraki Gulf Islands to all terrain vehicles (quad bikes) and motorcycles;
        2. allows changes so that creating new or changing existing bus lanes, one-way roads, turning restrictions and heavy vehicle restrictions can be done by the simpler method of council resolution;
        3. removes a schedule for parking meter fines as this is now more appropriately dealt with by land transport regulation and makes reference to these regulations; and
        4. removes the ability of car drivers to drive for 50 metres in a bus lane before they turn into a side road or property;
        and the accompanying statement of proposal (attachment 2 of the report of the Senior Policy Analyst Urban Management dated 25 September 200) to introduce the bylaw amendment.
    2. That the City Development Committee appoint Councillors Mulholland, Bhatnagar and Roche to hear submissions and deliberate on the amendment to the Auckland City Traffic bylaw 2007 and report directly back to Council.
    3. That the Chairperson and Deputy Chairperson of the City Development Committee be given authority to appoint an alternate member be hear submissions and deliberate on the amendment to the Auckland City Traffic bylaw 2007 and report directly back to Council should a councillor not be available.
    4. That it be a recommendation to Council:

    That Council approves the commencement of the special consultative procedure regarding the Amendment of the Auckland City Traffic bylaw 2007.

    CARRIED

  8. Top SUBMISSION TO THE PROPOSED NATIONAL ENVIRONMENTAL STANDARD FOR ON-SITE WASTEWATER SYSTEMS

    The Chairperson moved:

    That the City Development Committee approve (retrospectively) the submission outlined in appendix 1 of the report of the Planning Manager: Islands dated 25 September 2008, that has been lodged on behalf of Auckland City Council to the Proposed National Environmental Standard for On-site Wastewater Systems dated 25 September 2008, which supports the implementation of the standard for all on-site wastewater systems nationwide and argues that more emphasis needs to be given to the adequacy of disposal fields and the need for training and guidance for those administering the standard.

    Councillor Armstrong moved an amendment by substitution:

    1. That the Council write to the Ministry of Environment seeking the right to lodge an amended submission to replace the earlier submission lodged on behalf of Auckland City Council to the Proposed National Environmental Standard for On-site Wastewater Systems.
    2. That a working party be set up consisting of Councillors Armstrong, Raffills and Roche with authority to approve the revised submission to the Proposed National Environmental Standard for On-site Wastewater Systems.
    3. That the Great Barrier Island and Waiheke Island Community boards representatives views be sought on the revised submission to the Proposed National Environmental Standard for On-site Wastewater Systems.

    CARRIED

    The Chairperson put the substantive motion:

    1. That the Council write to the Ministry of Environment seeking the right to lodge an amended submission to replace the earlier submission lodged on behalf of Auckland City Council to the Proposed National Environmental Standard for On-site Wastewater Systems.
    2. That a working party be set up consisting of Councillors Armstrong, Raffills and Roche with authority to approve the revised submission to the Proposed National Environmental Standard for On-site Wastewater Systems.
    3. That the Great Barrier Island and Waiheke Island Community boards representatives views be sought on the revised submission to the Proposed National Environmental Standard for On-site Wastewater Systems.

    CARRIED

  9. Top THREE KINGS QUARRY - RESPONSE TO COMMUNITY GROUP SUBMISSION FOR COUNCIL TO LEAD A MASTERPLAN PROCESS

    1. That a staged Masterplan for the Three Kings Quarry is developed with a set of principles agreed between Winstones (the owners), the Council and the community groups and any other interested parties and these form the basis of stage one to the Masterplan process.
    2. That the second stage of the Masterplan or the Three Kings Quarry is commenced after the proposed district plan - isthmus has been notified.
    3. That information obtained from the community as part of the future planning framework about the Three Kings Quarry is used to inform the Masterplan process.
    4. That Auckland City Council will participate as an interested party in the Masterplan process for the Three Kings Quarry while other area plan and district plan - isthmus review work continues.

    CARRIED

    BUDGET/FINANCIAL

  10. Top METROWATER SERVICE AGREEMENT FOR THE PROVISION OF STORMWATER SERVICES

    1. That the City Development Committee notes that the uncertain outcome of the Royal Commission's review means it would be prudent to limit any contract to a short term of a few years.
    2. That the operating agreement for infrastructure improvements and maintenance of the stormwater services between Auckland City Council and Metrowater Limited, as provided for in section 9.7 of the agreement be extended for a further two years to June 2010.
    3. That it be a recommendation to Council:

    That approval be given for the operational expenditure of $4,795,000 and capital expenditure of $11,261,000 as documented within the 2008/2009 annual service proposal from Metrowater Limited.

    CARRIED

    Items 15, 16 and 17 were taken at this point.

    INFORMATION

  11. Top QUARTERLY REPORT: DUTY COMMISSIONER PROCESS

    The Chairperson moved:

    1. That the City Development Committee notes that the duty commissioner process is currently working well and that no particular elements of the District Plan that require urgent attention have been identified to date and notes that officers are working towards publishing reports and decisions on line for the public to consider.
    2. That officers put in place a system that places on the Council website matters to be considered at the Commissioner hearings, including date, time and venue information.

    Councillor Fryer moved an amendment

    That the word "determination" be added to resolution B above, after the words  Commissioner hearings.

    LOST

    The Chairperson put the substantive motion:

    1. That the City Development Committee notes that the duty commissioner process is currently working well and that no particular elements of the District Plan that require urgent attention have been identified to date and notes that officers are working towards publishing reports and decisions on line for the public to consider.
    2. That officers put in place a system that places on the Council website matters to be considered at the Commissioner hearings, including date, time and venue information.

    CARRIED

  12. Top CITY PLANNING GROUP QUARTERLY REPORT

    1. That the report of the Group Manager, City Planning dated 25 September 2008 entitled City Planning Group Quarterly Report be received.
    2. That the City Development Committee notes the decision of Conley v Hamilton City Council and asks council officers to consider this in a future report on the Brothels and Commercial Sex Premises Bylaw Review.

    CARRIED

  13. Top ECONOMIC DEVELOPMENT GROUP UPDATE REPORT

    That the report of the Group Manager, Economic Development dated 18 September 2008 entitled Economic Development Group Update Report be received.

    CARRIED

  14. Top EMERGENCY WORKS - SLIP FAILURE - PARNELL BATHS/RESOLUTION POINT

    That the report of the Heritage Manager dated 25 September 2008 entitled Emergency Works - Slip Failure - Parnell Baths/Resolution Point be received.

    CARRIED

  15. Top GREAT BARRIER ISLAND COMMUNITY BOARD RESOLUTIONS - HAURAKI GULF ISLAND DISTRICT PLAN

    1. That Mr Richard Somerville-Ryan, nominated representative from the Great Barrier Island Community Board be thanked for his attendance at the meeting.
    2. That the extract from the minutes of the Great Barrier Island Community Board meeting held on 15 September 2008 where an item was considered regarding the Hauraki Gulf Islands District (HGI) Plan, be received.
    3. That it be noted that the HGI district plan panel will provide an opportunity for the submitters who have felt unable to respond previously because of short notification of hearings to present to the panel on 15 October 2008.

    CARRIED

    Councillor Armstrong neither spoke nor voted on this item.

  16. Top WAIHEKE ISLAND COMMUNITY BOARD RESOLUTIONS - WAIHEKE WASTE AND RECYCLING

    The Chairperson, Mr Ray Ericson and the Deputy Chairperson, Mr Tony Sears of the Waiheke Island Community Board were in attendance to speak to this item and table papers regarding their presentation.

    [ATTACHMENT 16A and 16B]

    The Chairperson moved:

    1. That the Chairperson, Mr Ray Ericson and the Deputy Chairperson, Mr Tony Sears of the Waiheke Island Community Board be thanked for their attendance.
    2. That the extract from the minutes of the Waiheke Island Community Board meeting held on 24 September 2008 where an item was considered regarding the Waiheke Waste and Recycling, and the information tabled at the meeting be received and referred to officers for consideration when reporting to this committee in November 2008.

    Councillor Fryer moved the following amendment:

    1. That the City Development Committee endorses the outcomes of the public meeting on Waiheke on Saturday 13 September where there was a unanimous vote to:
      1. reject wheelie bins
      2. reject the wheelie bins trial
    2. That the Committee note the unanimous vote of the public meeting on Waiheke on Saturday, 13 September 2008 which "call on Council to enter into a partnership with the Waiheke community (through its community owned company Cleanstream) to build a new transfer station and resource recovery park".

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Glenda Fryer Cr Douglas Armstrong

    Cr Aaron Bhatnagar

    Cr Bill Christian

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Deputy Mayor David Hay


    Cr Mark Donnelly and His Worship the Mayor were absent.

    The motion was declared LOST by 6 votes to 1.

    The Chairperson put the substantive motion:

    1. That the Chairperson, Mr Ray Ericson and the Deputy Chairperson, Mr Tony Sears of the Waiheke Island Community Board be thanked for their attendance.
    2. That the extract from the minutes of the Waiheke Island Community Board meeting held on 24 September 2008 where an item was considered regarding the Waiheke Waste and Recycling, and the information tabled at the meeting be received and referred to officers for consideration when reporting to this committee in November 2008.

    CARRIED

  17. Top WAIHEKE ISLAND COMMUNITY BOARD RESOLUTIONS - CELLPHONE TRANSMITTER TOWERS

    Board member Eileen Evans, nominated representative from the Waiheke Island Community Board was in attendance to speak to this item and tabled a paper regarding her presentation.

    [ATTACHMENT 17]

    1. That Board member Eileen Evans, nominated representative from the Waiheke Island Community Board be thanked for her attendance.
    2. That the extract from the minutes of the Waiheke Island Community Board meeting held on 24 September 2008 where an item was considered regarding cellphone transmission towers, be received.
    3. That officers provide a brief memorandum to the December 2008 meeting of the City Development committee on the criteria relating to cell phone transmitter tower applications especially the criteria for requiring public notification and the criteria for the intensity of permitted radiation near residential, educational and community facilities.
    4. That the memorandum referred to in resolution C above be provided to the Waiheke Island Community board for their information.

    CARRIED

  18. 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.

    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 Airspace Licences - Fees and charges 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)(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.

    Section 7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    In particular, the licence fees are commercially sensitive and could provide a third party with material which could be used against council at a future date i.e. The level of charges are unique to each licence and analysis of them could be misleading.

    		 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.

    C2 Proposed plan modification 132b - application of the character overlay to the Balmoral and Sandringham town centres 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).

    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, the report includes a draft plan change and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to the plan change being publicly notified.

    		 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.

    C3 Orakei Peninsula - draft framework agreement 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)(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 information relates to costs associated with the development of property and who would pay for the development. It also contains potential development feasibility outcomes that in the current market have significant uncertainness attached to it so is therefore commercially sensitive.

    		 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.

    There being no further business the Chairperson declared the meeting closed at 12.48pm.