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MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE HELD ON TUESDAY, 13 NOVEMBER 2007 AT 1:01 PM, adjourned at 3.06pm and reconvened at 3.13pm

PRESENT:

Mr

C

Stewart

[Chairman]

 

Mrs

C

Hawley

 

 

Ms

K

Sinclair

 

  1. Top APOLOGIES

    1. That the apology from Mr L Simmons be received.
    2. That Ms K Sinclair join the sub-committee for this meeting.
    3. That Mr C Stewart chair the meeting.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 6 November 2007 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top SIGNS BYLAW APPLICATIONS

    4.1. 7-9 FANSHAWE STREET, AUCKLAND CENTRAL

    That the application for a dispensation from Part 27 (Signs 2007) of the Auckland City Consolidated Bylaw by IPFX New Zealand Limited to install three flat wall signs on the western, southern and eastern façade of the building located at 7-9 Fanshawe Street, Auckland Central be approved in part and declined in part.

    1. The proposed flat wall signs to be installed on the western façade (fronting Customs Street West) and southern façade (fronting Fanshawe Street) of the building be approved.

      Reason for recommendation

      1. The approval of the proposed two signs is considered to be reasonable and consistent with the objectives of the bylaw. The scale and design of the signs is considered appropriate to the building and its locality. In addition, the degree of non-compliance with the requirements of the bylaw is minor.

      The proposal is approved subject to the following conditions:

      1. The proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans, prepared by Harbour City Signs, referenced by the Council as LUC20070675101 with the exception that only two flat wall signs on the western and southern façade are allowed. The sign on the eastern façade shall be deleted from the proposal.
      2. That the approved two flat wall signs are to be erected within six months of this consent, otherwise the consent shall lapse.
      3. The dispensation is for the lifetime of the tenancy (IPFX New Zealand Limited), and the flat wall signs shall be removed once that tenancy ceases operation.
    2. The proposed flat wall sign to be installed on the eastern façade of the building be declined.

      Reason for recommendation

      1. The proposed third sign on the eastern façade is situated in close proximity to the sign on the southern façade. It is considered the sign will detract from the visual amenity of the building and its locality.

    CARRIED

    Note: Commissioner Hawley requested her vote against this decision be recorded.

    [ATTACHMENT 4.1A]

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. ROAD, ALBERT STREET, AUCKLAND CENTRAL 20070662401

    That pursuant to sections 94, 94A, 94B, 94C and 94D of the Resource Management Act 1991, this application be processed without notice because:

    • In accordance with section 93(1)(a) the proposed activity is a restricted controlled activity and public notification of the application is not required
    • In accordance with section 94D(3) the proposed plan expressly provides that applications for activities described as a restricted controlled activities will be considered without notification or the need to obtain written approvals
    • In accordance with section 94C(2) there are no special circumstances to warrant notification.

    Pursuant to section 100 of the Resource Management Act 1991 the hearing of this application be dispensed with as unnecessary because the applicant has agreed in writing that the recommended conditions of consent are acceptable.

    Pursuant to section 104A of the Resource Management Act 1991, the restricted controlled activity resource consent application by Proactive Solutions on behalf of Auckland City Council: Transport Strategy to install two bench seats within the footpath adjacent to 9-11 Albert Street, Auckland Central at an existing bus stop, as described in the application material and plans by Proactive Solutions, all referenced by Council as LUC20070662401, shall be granted consent and subject to the conditions which follow.

    Pursuant to section 113 of the Resource Management Act 1991, the reasons for this land use resource consent are as follows:

    1. In terms of section 104(1)(a) of the Act, and subject to recommended conditions of consent, the actual and potential adverse effects of the activity over which Council has restricted its control will be less than minor . The proposed works will provide enhanced pedestrian amenity on Albert Street while maintaining pedestrian and vehicle safety. The proposal will provide consistency of design throughout the Central Area and encourage the use of public transport by improving the bus stop's visual amenity and convenience. Effects in this respect are considered to be positive.
    2. In terms of section 104(1)(b) of the Act, the proposal is consistent with the relevant District Plan objectives, policies and assessment criteria including those relating to Strategic Management Area 1 (Core SMA), Part 12 (Network Utility Services) and Part 14.2C (Public Open Space 3 Precinct).
    3. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account including monitoring and payment of a financial contribution.
    4. The activity is consistent with Part II of the Act.

    Pursuant to sections 113(1) (ab), (ac), (ad), and (ae):

    Relevant Statutory Provisions

    The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 93, 94, 100, 104, 104A and 113.

    Relevant Plan Provisions

    The following relevant provisions have been taken into account in the assessment of this application:

    • Auckland City Operative District plan 2004: Central Area Section including Strategic Management Area 1 (Core SMA)
    • Part 12 (Network Utility Services)
    • Part 14.2C (Public Open Space 3 Precinct).

    Issues in Contention

    There were no issues in contention.

    Summary of Evidence

    The following evidence was considered by Council:

    • Consent application and Assessment of Effects on the environment prepared by Len van der Harst of Proactive Solutions Limited, dated 27 August 2007 and subsequent amendments to plans dated 18 October 2007
    • Email correspondence with Rueben Levett of Auckland City Council, Project Leader: Special Projects; dated 20 September 2007 and 4 October 2007
    • Email correspondence with Vadi Vencatachellum of Auckland City Council, Senior Transport Planner: Transport Strategy (the applicant), dated 16 October 2007.

    Main Findings of Fact

    The main findings of fact are that:

    • The activity is located within Strategic Management Area 1 - Core SMA and the Open Space 3 Precinct under the Operative District Plan
    • Pursuant to clause 12.6.3.1 (b) of the Operative District Plan, the provision of street furniture within roads is a restricted controlled activity
    • The proposal has less than minor effects on the environment.

    Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    General

    1. Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans, prepared by Proactive Solutions on behalf of Auckland City Council: Transport Strategy, including:
      • "Attachment 3: Adshel/Auckland City Bus Shelter Project" by TP Civil Limited, dated 16 January 2007, amended 18 October 2007
      • Sheet 2 "Seat Design" by dated 18 October 2007

      all referenced by Council as LUC20070662401.

      Monitoring

    2. The consent holder shall pay to the Council a consent compliance monitoring charge of $250 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and reasonable costs that are incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent.)

      The $250 (inclusive of GST) charge must be paid as part of the resource consent fee and the consent holder will be advised of the additional monitoring charge or charges as they fall due. Such additional charges are to be paid within one month of the date of invoice.

      Administrative Charges

    3. The resource consent holder shall pay any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991 or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991, wherever appropriate.

    ADVICE NOTES

    1. The applicant needs to obtain all other necessary consents and permits including a Road Opening Notice (RON) from Transport Operations prior to commencement of the works and those under the Building Act 2004, and comply with all relevant Council Bylaws.
    2. This resource consent will expire five years after the date of commencement of consent unless: (a) some other date is specified in the consent; (b) It is given effect to before the end of that period; or, (c) Upon an application made prior to the expiry of that period (or such longer period as is fixed under section 37 of the Resource Management Act), the Council fixes a longer period. The statutory considerations that apply to extensions are set out in section 125(1)(b) of the Resource Management Act 1991.
    3. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
    4. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader Compliance Monitoring and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
    5. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to Section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing.

    CARRIED

    5.2. 48 GREYS AVENUE, AUCKLAND CENTRAL 20070356101

    That pursuant to section 100 of the Resource Management Act 1991, the hearing of this application be dispensed with as unnecessary because the applicant has agreed in writing that the recommended conditions of consent are acceptable.

    That pursuant to section 104B of the Resource Management Act 1991, the discretionary activity resource consent application by Trustees of The Greys Ave Trust to construct a 17 level apartment building that also includes commercial tenancies on the site at 48 Greys Avenue, Auckland Central (Lot 1 DP 72634, CT NA28C/977), as described in the application material and plans by Hamish Firth and Leuschke Group Architects, all referenced by Council as LUC20070356101 which involves the following:

    • construction of a new building
    • pruning and works within the rootzone of scheduled street trees
    • vehicle access within a Defined Road Boundary
    • non-provision of a loading space

    shall be granted consent and subject to the conditions which follow.

    Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons for this land use resource consent are as follows:

    1. In terms of section 104(1)(a) of the Act, and subject to recommended conditions of consent, the proposal will have a character, amenity and streetscape appearance suited to the locality; and a design, appearance, and bulk form that is of a scale complementary to the surrounding environment.
    2. Any adverse traffic effects associated with the location in a Defined Road Boundary and a shortfall of a loading space will be no more than minor.
    3. The imposition of conditions will ensure that any effects on the health, safety and longevity of the two scheduled street trees, will be no more than minor.
    4. In terms of section 104(1)(b) of the Act the proposal is consistent with the relevant policy statements and plans including the objectives, policies and assessment criteria of the Operative Plan including sections 3.5 (Resource Management Objectives and Policies), 4.1 (Core Strategic Management Area), 5 (Activities), 8 (Financial Contributions) and 9 (Transportation), and 10.11 (Heritage Trees).and Plan Change 2.
    5. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account including monitoring and financial contributions.
    6. The activity is consistent with Part II of the Act.

    Pursuant to sections 113(1)(aa), (ab), (ac), (ad), and (ae) of the Act:

    Relevant Statutory Provisions

    The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 93, 94, 94A, 94B, 94C, 94D, 104, 104B and 113.

    Relevant Plan Provisions

    The relevant parts of the Auckland City Operative District Plan 2004 Central Area Section were considered to be sections 3.5 (Resource Management Objectives and Policies), 4.1 (Core Strategic Management Area), 5 (Activities) 8 (Financial Contributions), 9 (Transportation) and 10.11 (Heritage Trees) and Plan Change 2.

    Principal Issues in Contention

    The application was not the subject of a contested hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    In summary, sufficient information to consider the application was available, including:

    • Wind Opinion Report prepared by Auckland Uniservices Limited (dated 11 April 2007) for the applicant
    • Urban Design Review by Clinton Bird Urban Design Limited (dated 23 May 2007) for the applicant
    • Archaeological Appraisal by Clough & Associates Limited (dated May 2007) for the applicant
    • Traffic Impact Assessment by Traffic Solutions Limited (dated 24 May 2007) for the applicant
    • Infrastructure Report by Jawa Structures Limited (dated May 2007) for the applicant
    • Site Survey and Myers Park Sunlight Admission Control Heights by Yeomans Survey Solutions Limited, dated March 2007 and July 2006 respectively
    • Survey Letter by Yeomans Survey Solutions Limited (dated 21 June 2007)
    • Sustainability report prepared by Jamie Hutchens (dated 8 May 2007)
    • Acoustic report prepared by Hegley Acoustic Consultants (dated June 2007)
    • Acoustic report prepared by Hegley Acoustic Consultants (dated August 2007)
    • Landscape Plan prepared by Natural Habitats Limited (dated 22 June 2007)
    • Arboricultural Assessment by Greenscene Limited (dated May 2007) for the applicant
    • Earthworks methodology Statement by Stephen Mitchell Engineers Limited
    • Geotechnical information by Tonkin & Taylor (dated 22 June 2007)
    • Waste management information by Rubbish Direct Limited (dated 25 July 2007)
    • Urban design Review by John Mackay, Council's Consultant Urban Designer (Appendix 2)
    • Traffic report by Council Consultant Traffic Engineer (Pravin Dayaram, Traffic and Transport Engineers Limited) dated 6 August 2007 (Appendix 3)
    • Arboricultural report by Council Consultant Arborist (Grant Sirl) dated 29 June 2007 (Appendix 4)
    • Council's Noise Specialist memorandum on noise (Jacqueline Ahmu) dated 29 August 2007 (Appendix 5)
    • Engineering review memorandum (Wayne Teagle and Raymond Koay) dated 28 August 2007 (Appendix 6)
    • Letter from Mt Hobson Group dated 17 August 2007
    • Letter from Keegan Alexander (on behalf of the applicant) dated 15 August 2007 and discussion sketch on Meyers Park Access and egress improvements
    • Letter from Simon Lough and Peter Mathews (for Council) dated 7 September 2007 regarding Meyers Park Access and egress improvements
    • Emails to and from Ian Grant (Council's Heritage Officer) dated 15 June 2007 and 31July 2007.

    Main Findings of Fact

    The main findings of fact are that:

    • Under the Auckland City Operative District Plan 2004 Central Area Section the site is located in SMA 1 (Core) and in a Less Pedestrian Orientated area
    • The proposed development is consistent with the Policies and Objectives of the Auckland City Council's Central Area District Plan
    • The residential and commercial activities to be located within the building are permitted activities under the District Plan
    • The proposed number of parking spaces is permitted by the District Plan
    • The proposal complies with all applicable height and bulk requirements of the District Plan and Proposed Plan Change 2
    • The proposal has been assessed for access within a Defined Road Boundary and waiver of a loading space
    • Under Proposed Plan Change 2 a new building has been assessed for design and appearance reasons
    • The proposal includes works within the dripline and pruning of scheduled street trees
    • The proposal has been reviewed favourably by Council's Consultant Traffic Engineer, Urban Designer and Arborist, with additional mitigation measures proposed being accepted by the applicant as part of the application
    • The proposal has been reviewed favourably by the Council's Environmental Health Officer and Development Engineer with additional mitigation measures proposed being accepted by the applicant as part of the application.

    Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    General

    1. Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and additional information submitted with the application and as shown on the plans, prepared by Leuschke Group Architects, titled "48 greys ave apartments, auckland central", being:
      • Sheet SK-01 Rev B "basement plan" dated 22/05/07
      • Sheet SK-02 Rev B "level 1 plan" dated 22/05/07
      • Sheet SK-03 Rev B "level 2 plan" dated 22/05/07
      • Sheet SK-04 Rev B "level 3 plan" dated 22/05/07
      • Sheet SK-05 Rev B "levels 4 - 8 plan" dated 22/05/07
      • Sheet SK-06 Rev B "level 9 plan" dated 22/05/07
      • Sheet SK-07 Rev B "level 10 plan" dated 22/05/07
      • Sheet SK-08 Rev B "level 11 plan" dated 22/05/07
      • Sheet SK-09 Rev B "level 12 plan" dated 22/05/07
      • Sheet SK-10 Rev B "level 13 plan" dated 22/05/07
      • Sheet SK-11 Rev B "level 14 plan" dated 22/05/07
      • Sheet SK-12 Rev B "level 15 plan" dated 22/05/07
      • Sheet SK-13 Rev B "level 16 plan" dated 22/05/07
      • Sheet SK-15 Rev B "elevations" dated 22/05/07
      • Sheet SK-16 Rev B "sections" dated 22/05/07
      • Sheet SK-20 Ref:709 dated 13 September 2007
      • Sheet SK-21 Ref:709 dated 13 September 2007
      • Sheet SK-22 Ref:709 dated 13 September 2007
      • Traffic Impact Assessment by Traffic Solutions Limited (dated 24 May 2007) for the applicant
      • Infrastructure Report by Jawa Structures Limited (dated May 2007) for the applicant
      • Sustainability report prepared by Jamie Hutchens (dated 8 May 2007)
      • Urban Design report by Clinton Bird Urban Design Limited (dated 23 May 2007)
      • Acoustic report prepared by Hegley Acoustic Consultants (dated June 2007)
      • Acoustic report prepared by Hegley Acoustic Consultants (dated August 2007)
      • Landscape Plan prepared by Natural Habitats Limited (dated 22 June 2007)
      • Arboricultural Assessment by Greenscene Limited (dated May 2007) for the applicant
      • Earthworks methodology Statement by Stephen Mitchell Engineers Limited
      • Geotechnical information by Tonkin & Taylor (dated 22 June 2007)
      • Waste management information by Rubbish Direct Limited (dated 25 July 2007)

      all referenced by Council as LUC20070356101.

      Construction

    2. Prior to any works commencing on site, the resource consent holder shall submit for the approval of the Council (Resource Consents Monitoring Leader (RCML), Auckland City Environments ("ACE")), a traffic management plan. The plan shall also address all traffic management details as listed in Appendix 1 to these conditions of consent. Note: The RCML shall consult with the Manager: Transport Safety, Assets & Operations.

      All work on the site shall be carried out in accordance with the approved traffic management plan required by this condition.

    3. The consent holder shall provide to the satisfaction of the Council (RCML) and prior to construction commencing, a construction management plan specifying:
      • Who the site manager is and contact details (phone, facsimile, postal address)
      • Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, storage and unloading of building materials and similar construction activities
      • Procedures for controlling and removal of construction materials from public roads or places
      • Proposed numbers and timing of truck movements throughout the day
      • Location of workers conveniences (eg portoloos)
      • Ingress and egress to and from the site for demolition and construction vehicles.

      Note: The RCML shall consult with the Manager: Transport Safety, Assets & Operations.

      All work on the site shall be carried out in accordance with the approved construction management plan required by this condition.

    4. The loading and unloading of all vehicles and storage of materials, plant and equipment associated with the building construction, shall take place within the site boundaries of this application unless otherwise allowed by the prior written approval of the Council (Manager: Transport Safety, Assets & Operations).
    5. Prior to any works commencing on the site, the resource consent holder shall obtain the approval of the Council (Manager: Transport Safety, Assets & Operations) for the proposed method of protection of footpaths and underlying services affected by the movement of vehicles to and from the site and by works being carried out on the site. Proposed methods may include the laying of timber planks or the provision of a reinforced concrete overlay. The method selected will depend on how the footpath will be impacted by vehicles.
    6. Should any damage occur in the course of development of the site, the consent holder shall bear all costs relating to the reinstatement of the affected footpath, street furniture and trees and/or affected services. All reinstatement work shall be carried out at the direction and to the satisfaction of the Council (Manager: Transport Safety, Assets & Operations).
    7. All site works shall be carried out so as not to create a dust nuisance on the site and the surrounding area. In order to prevent the dispersal of dust and other particles from adversely affecting adjoining sites, the consent holder shall dampen the area of earthworks so that the emission of dust and other particles is minimised.
    8. All construction works including mechanical digging equipment and/or commercial earth moving equipment shall be restricted to the hours of between 7.30am to 6.00pm Monday to Friday, and 8.00am to 1.00pm Saturday. No works shall be undertaken on Sundays and public holidays. This is to ensure amenity is maintained for surrounding neighbours. Crane erection, removal and jumps may be undertaken outside of these hours with the specific approval of Council (Manager: Central Area Planning).
    9. There shall be no movement of heavy vehicles to and from the site during the peak traffic periods of normal working days between the hours of 7.00am to 9.00am, and 4.00pm to 6.00pm unless otherwise approved by the Council (Manager, Transport Safety, Assets & Operations) having regard to the limitations imposed by Condition (8) on work hours.
    10. All construction activities carried out on the site shall be designed and conducted in a manner such that any noise from the site shall not exceed the noise limits in Rule 7.6.4 of the Auckland City Operative District Plan 2004 Central Area Section.
    11.  The consent holder shall be required to confirm the adequacy of the public water supply to provide for fire fighting as required by SNZ PAS 4509:2003. Confirmation shall be in the form of a written report from the NZ Fire Service. Any shortfall in the adequacy of the public water supply shall be mitigated by the Consent Holder to the satisfaction of the Council (RCML) prior to any occupancy of the buildings. Alternatively, acceptable solutions such as sprinklers and storage are detailed in SNZ PAS 4509:2003.
    12. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, channels or soakage systems in accordance with Annexure 8, Earthworks of the Auckland City Operative District Plan 2004 Central Area Section. These measures shall remain in place until the completion of the development.
    13. A silt control plan shall be provided to Council RCML for approval prior to earthworks commencing on site. All details shall be to the satisfaction of Council.
    14. A stabilised entry/exit point with wheel wash facilities shall be installed to minimise any contamination of the road reserves and drainage systems. Guidance for satisfying this condition can be obtained from Annexure 8 of the Auckland City Operative District Plan 2004 Central Area Section or Section 1.8 "Stabilised Construction Entrances" in ARC publication No 90. A stabilised entry/exit point with wheel wash facilities shall be installed to minimise any contamination of the road reserves and drainage systems. Reference is to be made to section 1.8 "Stabilised Construction Entrances" in ARC publication No 90.
    15. All earthworks shall be constructed and carried out in a manner that is suitable for the intended development. Confirmation from a suitably qualified engineer shall be submitted to the Council RCML stating that completed earthworks are suitable for the development. Where necessary, earthworks shall conform to the requirements of NZS 4431(Earth fill for Residential Development) and the earthworks section of NZS4404 (Urban Land Subdivision).

      Traffic and Parking

    16. Unless allowed by a separate resource consent, the car parking spaces to be provided on the site shall only be used ancillary to the permitted residential and retail/commercial of the building and no parking spaces shall be leased or otherwise allowed to be used for activities not associated with the development on the site.
    17. The parking spaces shall be held as accessory or principal units to the residential or retail/commercial units approved within this resource consent. Provided that any carparking spaces held as principal units shall be subject to a consent notice which will prohibit these carparking spaces from being leased or otherwise being used for activities not associated with the activities on site.
    18. The old vehicle crossing is to be reinstated as verge and footpath and the kerbs replaced. The cost of this is to be borne by the consent holder.
    19. A traffic signal system with waiting bays on all three levels (basement, Level 1 and Level 2) shall be installed as shown on the plan submitted by the consent holders' traffic engineer Traffic Solutions Limited (refer report dated 24 May 2007 in Condition 1 above). The default signal setting is to be green for all vehicles entering the parking levels or vehicles travelling in a downward direction.
    20. Construction loading and unloading shall not to be permitted from Mayoral Drive.

      Urban Design

    21. Details of the connecting link to Myers Park shall be submitted for approval to the Group Manager Special Projects. Details of the design shall comprise of either:
      • a ramp (or stairs and platform, minimum 1500 wide) connecting to a new path graded behind the first three trees and curving gently down to the junction of the main path and the path up to the kindergarten, or
      • a superior alternative to the above reached through negotiation.

      Should Option 1 above be adopted, in the interest of making the public nature of the ramp explicit, it must start at least half a metre north of the face of Retail Space 1 (as in Figure 32 of the application Urban Design Report prepared by Clinton Bird Urban Design Limited contained in Condition 1).

    22. The Mayoral Drive footpath shall be restored in accordance with the established Mayoral Drive aesthetic, i.e. exposed McCallums chip aggregate concrete subdivided with brick pavers in a design to the approval of Council's Heritage Manager within 1 month of the completion of building construction.
    23. Public seating in the same style as the existing seating on the Mayoral Drive frontage shall be provided in the vicinity of the site on the Mayoral Drive frontage, to the satisfaction of Council's CBD Design Manager - Streetscapes and Open Spaces.
    24. Any variation of levels or slope of the footpath shall be accommodated inside the building's entrances, so that the finished gradient of the footpath at each street boundary forms a constant straight line from one end of the site to the other.
    25. The vehicular kerb crossing transition from road level to footpath level shall not intrude more than 500mm from the kerbline into the footpath, to the satisfaction of the Council (Manager: Transport Safety, Assets & Operations).
    26. The vehicle crossing to the car park entrance shall comply with the Rule 9.7.3.3 of the Operative District Plan 2004; Central Area Section that requires a surface level with the footpath on either side of the crossing and a finish in the same materials and patterns as the footpath, all to signal pedestrian priority.

      Arboricultural

    27. All scheduled and protected trees growing within the vicinity of the works shall be protected from damage for the duration of the works, including protective fencing around all street trees. This is to be achieved by compliance with the Tree Protection Methodology detailed in Section 3.0 of the Arboricultural Assessment report by Greenscene Limited dated May 2007 (refer Condition 1). 

      Council's arborist shall be notified prior to the commencement of construction regarding the protection of the trees in front of the site. The arborist is to approve the location of any pedestrian gantries, hoardings, etc so that they are kept clear of the trees.

    28. All works associated with the construction of the development shall be carried out in accordance with the Arboricultural Assessment report by Greenscene Limited dated May 2007 (refer Condition 1), submitted with the application.
    29. The consent holder shall employ a suitably experienced arborist (appointed arborist) to monitor, supervise and direct all pruning and works within the dripline or in close proximity to all protected and scheduled trees growing within the vicinity of the works for the duration of the works.
    30. Prior to works commencing, a meeting shall be arranged by the consent holder so that the Conditions of Consent are explained by the appointed arborist to all contractors, sub-contractors and work site supervisory staff who are carrying out any works associated with the project within the dripline or in close proximity to any protected and/or scheduled tree growing within the vicinity of the works.
    31. The meeting shall also be attended by the relevant Council Parks Arborist and/or Heritage Representative responsible for the tree asset. The consent holder shall give Council's representatives 10 working days prior notice of the intended date and location of the meeting.
    32. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline or in close proximity to any protected or scheduled tree growing within the vicinity of works are advised of the Conditions of Consent and act in accordance with the conditions. A copy of the Conditions of Consent shall be available at all times on the work site.
    33. The Griselinia hedgerow growing adjacent to the eastern boundary of the site within Myers Park shall be transplanted to an appropriate planting location within Myers Park, as specified by the relevant Council Parks representative. All costs associated with the transplanting of the Griselinia shall be borne by the consent holder.
    34. The pruning of the one (1) London Plane tree (identified as tree 54 in the Arboricultural Assessment by Greenscene Limited dated May 2007) and one (1) Tulip tree (identified as tree 178 in the Arboricultural Assessment by Greenscene Limited dated May 2007) required to facilitate the construction of the new building at 48 Greys Avenue shall be carried out by the Auckland City Council appointed arboricultural contractors and the consent holder will be responsible and reimburse Auckland City all reasonable costs associated with the tree pruning.
    35. The pruning of the one (1) London Plane tree and one (1) Tulip tree shall be undertaken in a staged process and carried out at the time the precise building alignment is confirmed as each level of the building progresses from ground level up with the branch reduction requirements to be confirmed on site with the Council arboricultural contractors, the Council arborist (or representative) and the consents holders site supervisory arborist.
    36. All new utility services to the proposed building shall be located outside the dripline periphery of any protected or scheduled tree either located within the Council road berm or Council Park.
    37. The new vehicle crossing shall be constructed in a position to maintain a minimum 4m radii distance from the southern trunk base of the Ash tree located upon Greys Avenue.
    38. Any redundant hard surface between the alignment of the new vehicle crossing and the Ash tree shall be carefully uplifted and removed and the area reinstated with quality topsoil and re-grassed.
    39. All reinstatement work associated with the removal of the redundant vehicle crossing and pavement surface to the north side of the 'smaller' Plane tree located upon Greys Avenue shall be carried out under the supervision of the appointed arborist and the area reinstated with quality topsoil and re-grassed.

      Landscaping

    40. The landscaping as detailed on the Landscape Plan prepared by Natural Habitats Limited and dated 22 June 2007 shall be implemented within the first planting season following the completion of the works on the site. The landscaping shall be maintained and irrigated thereafter in accordance with the approved landscape plan. Changes may be made to the approved landscape plan by written approval of Council (RCML).

      Noise / Acoustics

    41. After completion of the building construction, the consent holder shall submit a report to the Council (RCML), prepared by an engineer specialising in acoustic design certifying that the building has been built in compliance with the noise and ventilation criteria specified in the two reports (specified in condition 1 above) prepared by Hegley Acoustics submitted with the application.
    42. The consent holder shall prior to the commencement of any works, submit a Construction Noise Management Plan (CNMP) to the satisfaction of Council (RCML). The CNMP must include but not be limited to:
      • Description of the final construction methodology, including a list of potentially noisy plant and equipment, the estimated noise levels and the approximate locations within the site
      • Where the predicted noise levels exceed the relevant standard, specific noise mitigation measures must be implemented which may include but not be limited to acoustic screening, alternative equipment etc
      • Noise monitoring must be undertaken during each phase of the works that are likely to exceed the relevant standards. Additional monitoring shall be undertaken in the event of any complaints received
      • In the event of the measured noise levels exceeding the relevant standard, Council (RCML) must be notified immediately and further mitigation options shall be investigated and implemented
      • A complaints management system must be implemented. It must specify the responsible persons for maintaining the complaints register, procedures to be followed in investigating and resolving complaints and procedures for reporting complaints to council
      • The name and contact telephone numbers of the Site Manager or other persons responsible for supervision of the works, implementation of the Noise Management Plan and complaint receipts and investigations.
    43. For commercial tenancies within the building, the disposal of empty bottles, cans and general waste into receptacles shall not occur between 7.00pm to 7.00am Monday to Saturday and 7.00pm to 8.00 am on Sunday and Public Holidays.
    44. Within the retail tenancies any music shall be at background levels only. That is a level that does not interfere with normal speech patterns.

      Waste management

    45.  Facilities for the storage, collection and disposal of refuse and recycling shall be provided on the site at all times to the satisfaction of the Council (RCML). Prior to the occupation of the building, a copy of a waste management plan (based on the information by Rubbish Direct Limited dated 25 July 2007) shall be lodged with the Council by the consent holder which shall include designated sites for refuse and recycling bins for the collection and storage of glass, paper, plastic and metal cans and collection details. The required plan shall be prepared to the satisfaction of the Council (RCML) and shall be in accordance with the Council's waste reduction policy.

      Surveyors Certification

    46. The consent holder shall engage a Licensed Cadastral Surveyor to certify to Council in writing prior to work progressing beyond the foundation and completion of roof framing stage of the development, relative to the Myers Park Sunlight Admission Control of the Operative Auckland City District Plan (Central Area Section), that either:
      1. work completed to this stage is in accordance with the levels and dimensions on approved plans; OR
      2. there are differences to the approved plans in levels and dimensions of work completed to this stage, but the differences do not breach the Operative Auckland City District Plan (Central Area Section), provided that what remains to be built beyond this stage will be built in accordance with approved plans.

      In the event of (b), the certificate shall also specify the differences. In either event, work shall not proceed beyond this stage until receipt of the above required certificate to the satisfaction of Council (RCML).

      Financial Contribution

    47. The resource consent holder shall have paid to the Council as a reserve contribution prior to the commencement of any building development in accordance with this consent, an amount equal to 1% of the value of work of the commercial component of the development as determined by the Council. For this purpose the assessed value of work shall be as defined in Part 16 of the Auckland City Operative District Plan 2004 Central Area Section.

      Monitoring

    48. The consent holder shall pay to the Council a consent compliance monitoring charge of $2,500 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and reasonable costs that are incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent.)

      The $2,500 (inclusive of GST) charge must be paid as part of the resource consent fee and the consent holder will be advised of the additional monitoring charge or charges as they fall due. Such additional charges are to be paid within one month of the date of invoice.

      Administrative Charges

    49. The resource consent holder shall pay any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991 or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991, wherever appropriate.

    ADVICE NOTES

    1. Booster pumps and/or header tanks for internal water supply may be required at a cost to the Consent Holder. Further details shall be provided with the building consent application.
    2. Preventive construction measures be undertaken to control external and internal stormwater overland flow in accordance with plans and reports to be submitted to council at the building consent stage.
    3. Abandoned private drainage is to be sealed off to the satisfaction of Council. Details are to be supplied with the building consent application.
    4. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws.
    5. This resource consent will expire five years after the date of commencement of consent unless: (a) some other date is specified in the consent; (b) It is given effect to before the end of that period; or, (c) Upon an application made prior to the expiry of that period (or such longer period as is fixed under section 37 of the Resource Management Act), the Council fixes a longer period. The statutory considerations that apply to extensions are set out in section 125(1)(b) of the Resource Management Act 1991.
    6. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
    7. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader Compliance Monitoring and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
    8. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to Section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing.
    9. This consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained you are advised that unless otherwise stated, the use shall not commence until conditions of this resource consent have been met.
    10. If this consent and its conditions alter or affect a previously approved building consent for the same project you are advised that a new building consent may need to be applied for.
    11. Where as a result of more detailed design being carried out on a proposed building, significant differences arise between the plans approved as part of a land use resource consent, and those plans intended to be submitted for a building consent, the resource consent holder should contact Council town planning staff to ascertain whether or not a further resource consent or a change in consent conditions is required to meet those changes.
    12. Where plans submitted for a building consent include changes or additional works which require a new resource consent or changes to an existing resource consent and for which no such authorisation has been obtained, the Council may under Section 37 of the Building Act 2004, attach a certificate to any building consent issued, to the effect that none or only some of the proposed building work may be proceeded with until the further authorisation required under the Resource Management Act, 1991 has been obtained.
    13. It is essential that the building is allocated a single standard unambiguous street address for both emergency and administrative purposes. Contact should be made with the street numbering section of Auckland City Environments (Oliver Richards tel 353 9351) in order that any issues regarding street numbering can be resolved at an early stage.
    14. Consent may be required from Auckland Regional Council for ground water lowering.
    15. All care shall be taken during construction of this development to preserve the integrity and stability of the adjacent road reserve and underground services and neighbouring sites. Particular care shall be taken of the public water main/drain that exists close to the front road boundary.
    16. Any excavations may require a "consent to modify" under the Historic Places Act as administered by the Historic Places Trust. Such a consent is completely separate from the Resource consent requirements of the District Plan. The consent holder is advised to liaise with the NZHPT Regional Archaeologist.
    17. Subject to Section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution is payable on this proposal. A notice of assessment will be sent out which outlines the quantum of the contribution payable for this consent. Please note that with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and Section 224(c) certificates for subdivisions will not be issued until the development contribution is paid. If further consents are applied for in respect of this development the contribution amount may be re-calculated at that time. Please contact the Development Contributions team for any queries in this regard.
    18. A geotechnical report for the development shall be provided with the building consent application for the building. Reference can also be made to the engineering reports by Tonkin & Taylor Ltd dated 2 July 2007 and Stephen Mitchell Engineers Ltd dated 7th June 2007. The geotechnical report shall include:
      • Geotechnical design parameters for foundation and retaining walls assessment of effects from ground water lowering and associated settlement
      • Monitoring programme for the building site and also adjacent buildings and land
      • Methodology for excavation foundation and retaining construction.
    19. A suitably qualified geotechnical engineer and/or structural engineer will be required to design and supervise the excavations and construction of the proposed foundations and retaining walls.
    20. A Chartered Professional Engineer (with experience of geotechnics) shall inspect any pile holes or footings for retaining walls or foundations and shall provide the Council RCML with a Producer Statement Construction Review for this part of the work.

    CARRIED

    5.3. 86 PARNELL ROAD, PARNELL 20070298701

    SECTION 94 DECISION

    That, pursuant to section 93 of the Resource Management Act 1991, this application be processed without notice because:

    •  The activity for which consent is sought will create minor adverse effects on the environment.

    That, pursuant to section 94(2), notification of this consent application is not required as:

    •  No persons are considered to be adversely affected by the proposal.

    That, pursuant to section 94C, there are no special circumstances to warrant notification.

    RESOURCE CONSENT DECISION

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Parnell 86 Custodians Ltd that:

    •  Involves additions and alterations to an existing building within the Parnell Centre Plan
    •  Involves the construction of a verandah to an existing building within the Parnell Centre Plan
    •  Involves a car parking shortfall of 58 spaces
    •  Involves a loading space shortfall
    •  Involves reverse manoeuvring associated with four car parking spaces onto Parnell Road

    at 86 Parnell Road, Parnell, legally described as Part Allotment 67, Section I, Suburbs of Auckland, CT NA974/16 be granted consent.

    Life of Consent

    Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent unless, before the consent lapses:

    1. the consent is given effect to; or
    2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991. 

    Pursuant to section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision set above:

    Relevant Statutory Provisions

    The following provisions of the Resource Management Act 1991 were relevant in the assessment of this application:

    •  Sections 104, 104B and 108 (discretionary activity)

    Relevant Plan Provisions

    The relevant planning documents considered were:

    Operative Auckland City District Plan 1999 - Isthmus Section:

    •  Clause 8.3 Objectives and Policies
    •  Clause 8.6.2 Objectives and Policies Business 2 Zone
    •  Clause 8.7.1 - Activities in the Business 1-6 Zones
    •  Rule 12.8.1.1 - Parking Standards
    •  Rule 12.8.1.2 - Loading Standards
    •  Rule 12.9.1.1 - Assessment Criteria
    •  Rule 12.8.2.3 - Reverse Manoeuvring
    •  C09-51 - Parnell Centre Plan.

    Part 27 of the Auckland City Consolidated Bylaw (Signs 2007):

    •  Clause 27.5 - Signs in special character areas
    •  Clause 27.6 - Signs in business and mixed use zones and central area
    •  Appendix 1: Assessment Criteria

    Principal Issues in Contention

    The application was not the subject of a hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    This application was not the subject of a contested hearing. Whilst no evidence has been provided, Council has considered the following specialist reports:

    •  The Assessment of Effects prepared by Hamish Firth and submitted with the application, titled "Resource Consent Application, 86 Parnell Rd, Parnell" dated 20 April 2007
    •  Letter from Mt Hobson Group prepared by Hamish Firth and dated 14 June 2007
    •  Letter from Mt Hobson Group prepared by Hamish Firth and dated 26 June 2007
    •  Letter from Council's Urban Design Panel, dated 13 April 2007 and submitted with the application, subject "86 Parnell Road, Parnell, Urban design Panel Meeting"
    •  Memo prepared by Council's Urban Designer, Gabriel Seo and dated 27 August 2007, titled "Request for Expert Advice, 86 Parnell Road, Parnell - LUC2007-02987-01"
    •  Subdivision Report prepared by Tom Bacon and dated 11 June 2007, titled "Report on a non-notified controlled unit title subdivision application at 86 Parnell Road, Parnell"
    •  Planning Report prepared by JB Childs and dated 27 July 1981, titled "Notified application by Professional Colour laboratories Ltd to carry on the business of photographic processors"
    •  Letter from Auckland City Council prepared by CR Davis and dated 27 August 1981
    •  The application for subdivision consent prepared by Yeomans Survey Solutions and dated 21 February 2007, titled "Application for Resource Consent to Effect a Unit Title Subdivision at 86 Parnell Road, Parnell for Komodo Limited"
    •  Planning Report prepared by Joanne Sunde, Barker & Associates Ltd, and dated 31 October 2007, titled "Report for a Discretionary Activity Land Use Consent Application under the Resource Management Act 1991 at 86 Parnell Rd, Parnell".

    Main Findings of Fact

    The main findings of fact are that:

    •  The subject site is located within the Business 2 zone and is subject to the Parnell Centre Plan controls (C09-51)
    •  The proposed additions and alterations will have minor adverse effects on the built character and streetscape of the Parnell area, and further, it is considered that the façade refurbishment will improve the appearance of the existing building
    •  The car parking shortfall is considered necessary to achieve the purpose of the Parnell Centre Plan overlay and is appropriate when viewed in the context of the existing environment as it reduces the current technical shortfall
    •  A loading bay is located on Parnell Road approximately 15m from the site which can be used to service the activities occurring at the subject site
    •  Reverse manoeuvring from the subject site is an existing situation although not legally established and is necessary due to the existing site constraints
    •  The proposed signage is considered to be appropriate in terms of content, style, size and form and is visually sympathetic to the subject building and adjacent development
    •  The proposed signage is considered acceptable with respect to the provisions of the Parnell special character area
    •  No persons are considered to be adversely affected by the proposal
    •  The imposition of the following conditions will ensure that the effects of granting the application are avoided, remedied or mitigated.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the applicant's proposal will have minor effects on the environment.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular the criteria for additions and alterations to buildings within the Parnell Centre Plan (C09-51).
    3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are minor, and in particular, that the activities are established in accordance with the approved plans.
    4. The application proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

    Conditions

    Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    Activity in Accordance with Application and Plans

    1. The activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:

      "Proposed Façade Upgrade, Prt Lot 67 Section 1, 86 Parnell Road Auckland", sheet SK.07, Project Number 0646, Plot Date 9/10/07, drawn by Ashton Mitchell Architects and dated April 2007

      "Alterations to the Kodak Building, 86 Parnell Road, Parnell", drawn by Ashton Mitchell Architects and dated July 2007 on sheets referenced:

      • A101 - Site Plan, Project Number 0646, Plot Date 12/10/07
      • A201 - Ground Floor Plan, First Floor Plan, Project Number 0646, Plot Date 12/10/07
      • A301 - Elevations, Project Number 0646, Plot Date 12/10/07
      • A401 - Sections, Project Number 0646, Plot Date 12/10/07
      • A804 - Construction Details, Project Number 0646, Plot Date 12/10/07

      referenced by Council as LUC20070298701.

      Monitoring

    2. The consent holder shall pay to the Council a consent compliance monitoring charge of $261.50 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The consent holder will be advised of any further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Lighting Plan

    3. A lighting plan prepared to the satisfaction of the Council (Resource Consents, Monitoring Leader), shall be submitted prior to the start of construction. This shall detail all proposed external lighting and shall comply with the relevant Auckland City Operative District Plan, (Isthmus Section) Lighting controls.

      Pedestrian Access

    4. The applicant will reinstate the footpath kerb directly in front of the central pedestrian access to the building to ensure an adequate width (2.5m) is provided for improved pedestrian safety within 3 months following the completion of construction.

      Vehicle Crossing

    5. The applicant will reinstate the road kerb on Parnell Road so only two vehicle crossings will access the site at 86 Parnell Road. The two vehicle crossings shall be placed perpendicular to the car parking spaces on the site and the road kerb shall be reinstated within 3 months following the completion of construction.

    ADVICE NOTES

    1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws.
    2. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    3. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Resource Consents, Monitoring Leader and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
    4. This consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained you are advised that unless otherwise stated, the use shall not commence until conditions of this resource consent have been met.
    5. If this consent and its conditions alter or affect a previously approved building consent for the same project you are advised that a new building consent may need to be applied for.
    6. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.

    SIGNS DISPENSATION DECISION

    That the application by Parnell 86 Custodians Ltd for a dispensation under Part 27 of the Auckland City Council Consolidated Bylaw (Signs) for a sign that:

    •  Involves a verandah sign mounted above the verandah in a special character area
    •  Involves two street verandah signs which protrude above the verandah fascia
    •  Involves two above verandah signs which project 100mm and 500mm respectively above the maximum permissible height of 400mm
    •  Involves a verandah fascia which does not provide a street number

    at 86 Parnell Road, Parnell, legally described as Part Allotment 67, Section I, Suburbs of Auckland, CT NA974/16 be granted consent for the following reasons:

    1. The proposed signs do not dominate the appearance of the site nor adjacent properties and will not detract from the visual amenity of the area. In essence, the signs are of an appropriate size, form and scale for the existing building and surrounding context.
    2. There will be no adverse effects due to the nature and location of the sign proposed. Further, it is considered that the signage proposed is a vast improvement from the existing signage on the building façade.
    3. The signs on the façade of the building will not obstruct the views of corners, intersections, vehicle or pedestrian crossings or any information or naming signs. Furthermore, the signs will not obscure or have potential to be confused with traffic signals or signs.

    The proposal is approved subject to the following conditions:

    Activity in Accordance with Application

    1. The proposed signs shall be carried out in accordance with the plans and all information submitted as part of the application being:

      "Proposed Façade Upgrade, Prt Lot 67 Section 1, 86 Parnell Road Auckland", sheet SK.07, Project Number 0646, Plot Date 9/10/07, drawn by Ashton Mitchell Architects and dated April 2007

      and referenced by Council as LUC20070298701.

      Lighting

    2. All lighting associated with the proposed sign shall comply with Clause 27.3.5 (Illuminated Signs) of the Auckland City Council Consolidated Bylaw. Certification from a suitable qualified lighting engineer shall be submitted to Council (Team Leader, Resource Consents) within eight weeks after the completion of the sign.

      Validation of Period of Permission

    3. This permission shall expire 6 months after the date of the approval of the exception unless the sign has been erected in accordance with the approved plans before the end of that period.

    CARRIED

    5.4. 53 MAY ROAD, MOUNT ROSKILL

    That pursuant to section 104B of the Resource Management Act 1991, the non-complying activity land use application by Citrus Grove Ltd to construct a supermarket with associated access, manoeuvring, parking and landscaping that:

    •  Exceeds the maximum permitted gross floor area of 5002 for a retail activity in the Business 4 zone, with a floor area of 3,474m2
    •  Involves 1.47 hectares of earthworks
    •  Involves remedial works on a contaminated site
    •  Involves the location of an activity on a contaminated site
    •  Exceeds the L10 55dBA (day time) noise level as measured at the residential zone boundaries, by proposing noise levels of L10 59dBA
    •  Exceeds the L10 45dBA (night time) noise levels as measured at the residential zone boundaries, by proposing noise levels of L10 55dBA
    •  Involves an outdoor eating area
    •  Infringes the screening control along the May Road and Stoddard Road boundaries, by not providing the required 1-metre solid screen
    •  Involves the use or development of a site which is within a Defined Road Boundary
    •  Involves the provisions of 237 parking spaces
    •  Involves three vehicle crossings serving the site, thereby exceeding the allowable 2 vehicle crossings per site

    at 53 May Road, described as LOT 2 DP 201244, CT 129D/953 be granted consent.

    Pursuant to Section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision set out above:

    Relevant Statutory Provisions

    The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 104, 104B, 104D, 108 and 113.

    Relevant Plan Provisions

    Auckland Regional Policy Statement Provisions

    Chapter 2 of the Auckland Regional Policy Statement ('Regional Overview and Strategic Direction)'.

    District Plan Provisions, Auckland City Operative District Plan 1999 - Isthmus Section

    The Operative Auckland City District Plan 1999 Isthmus Section. In particular, the provisions of the District Plan considered relevant to the assessment of this application were deemed to be as follows:

    •  Rule 4.3.1.3 (non-complying activities)
    •  Rule 4.A.2A (earthworks) and the explanation and criteria accompanying this rule
    •  Objectives and policies contained in Part 2.3 (Resource Management) of the District Plan
    •  Objectives and policies contained in Part 4.5.1 (Signs) and 4.5.2 (Artificial Lighting) of the District Plan.
    •  Objectives and policies contained in Part 5A.5 (Natural Resources) of the District Plan
    •  Objectives and policies contained in Part 5E (Hazardous Facilities) of the District Plan
    •  Rule 5E.7.1C (Contamination) explanation and criteria accompanying this rule
    •  Objectives and policies contained in Part 6 (Human Environment) of the District Plan
    •  Objectives and policies contained in Part 8.3 (Business Activity) of the District Plan
    •  Objectives and policies contained in Part 8.6.4 (Business 4 Zone) of the District Plan
    •  Rule 8.7.1 (Outdoor Eating Areas) explanation and criteria accompanying this rule
    •  Rule 8.7.1.1 (Threshold Effects) explanation and criteria accompanying this rule
    •  Rule 8.8.1.4A (Noise) explanation and criteria accompanying this rule
    •  Rule 8.8.1.13C (Screening) explanation and criteria accompanying this rule
    •  Objectives and policies contained in 12.3 (Transportation) of the District Plan
    •  Rule 12.8.2.2(i) (Vehicular Access over Footpaths) explanation and criteria accompanying this rule
    •  Rule 12.8.2.6 (Vehicular Access over Footpaths) explanation and criteria accompanying this rule
    •  Rule 12.9.1.1A (Parking for 100 Vehicles) explanation and criteria accompanying this rule.

    Principal Issues

    The application was not the subject of a contested hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    The following evidence has been considered by the Council:

    • Application titled 'Proposed Supermarket - Corner May Road and Stoddard Road Mt Roskill', Assessment of Effects and Specialist Reports, Appendix 1 - 14 (Volume 1), prepared by Planning Network Services Ltd, date stamped by Council 23rd February 2006 (Appendix 1)
    • Revised application plans including sheets titled 'Elevations', 'Site Signage Plan', 'First Floor Plan', 'Site Plan Option B', date stamped by Council 24th August 2007, sheet titled 'Ground Floor Plan', date stamped by Council 2 November 2007 and prepared by Jensen Chambers Young Ltd, and revised landscape plan titled 'Landscape Planting Scheme MT31', date stamped by Council 24th August 2007 and prepared by Sue J Roff (Appendix 1b)
    • Applicant's additional planning report prepared by Ms Alex Findlay of Expanse Development Planning, dated 24th August 2007 (Appendix 2a)
    • Applicant's additional traffic assessment prepared by Mr Todd Langwell of Traffic Planning Consultants Ltd, dated 16 October 2006, and 20th August 2007, and additional modelling information by Base Plus Ltd, dated 2nd August 2007 (Appendix 2b)
    • Applicant's additional economic impact assessment, prepared by Mr Mike McCracken of Foresight Partners Pty Ltd, dated 21 August 2006 (Appendix 2c)
    • Applicant's legal opinion, prepared by Mr Daniel Clay of Philips Fox, dated 20 February 2006 (Appendix 2c)
    • Applicant's additional lighting assessment, prepared by Mr Iain Daly-Jones of Maunsell Aecom Ltd, dated 14 March 2006 (Appendix 2d)
    • Applicant's additional infrastructure assessment, prepared by Mr Rowen Sharma of Maunsell Aecom Ltd, dated 15 September 2006, 17 October 2006, & 1 February 2007 (Appendix 2e)
    • Applicant's vibration assessment, prepared by Mr Rowen Sharma of Maunsell Aecom Ltd, dated 20 April 2007 (Appendix 2f)
    • Applicant's additional acoustic assessments, prepared by Mr Rhys Hegley of Hegley Accoustic Consultants Ltd, dated 24 July 2007, 27 September 2007, 2 October 2007 and email dated 16 April 2007 (Appendix 2g).

    Expert report commissioned on behalf of Council:

    • Council commissioned traffic assessment, prepared by Ms Melissa Foster & Mr Andrew Stevens of Beca Infrastructure Ltd, dated 31 August 2006, & 14 November 2006 and traffic assessments prepared by Mr Andrew Stevens dated 5th September 2007 and 2nd November 2007 (Appendix 3a)
    • Council traffic assessments, prepared by Transport, Assets & Operations, Mr Graeme Bean, dated 23rd and 30th April 2007 (Appendix 3a)
    • Council commissioned economic impact assessment, prepared by Mr Philip Donnelly of Philip Donnelly & Associates Ltd, dated September 2006 (Appendix 3b)
    • Council commissioned lighting assessment, prepared by Mr Mike Grunsell of LDP Ltd, dated 5 February 2007 (Appendix 3c)
    • Council commissioned infrastructure assessment, prepared by Mr Phil Houghton of GHD Ltd, dated 18 December 2006, & 20 February 2007 (Appendix 3d)
    • Council infrastructure memo, prepared by Mr Scott Paton, dated 19 January 2007 (Appendix 3d)
    • Council commissioned geotechnical assessment, prepared by Mr Gareth Williams of GHD Ltd, dated 20 March 2006 (Appendix 3e)
    • Council commissioned acoustic assessments, prepared by Mr Jon Styles of JPStyles Ltd, dated 15 June 2006, 24th September 2007 and 10th October 2007 (Appendix 3f)
    • Council commissioned contamination assessment, prepared by Mr Jon Styles of JPStyles Ltd, dated 20 June 2006 (Appendix 3g)
    • Council air quality assessment, prepared by Auckland City Environments, Environmental Health Officer, Mr Mervyn Chetty, dated 19 April 2007 (Appendix 3h)
    • Council earthworks assessment, prepared by Auckland City Environments, Senior Development Engineer, Mr Scott Paton, dated 19 January 2007 (Appendix 3i)
    • Council volcanic cones view protection assessment, prepared by Auckland City Environments, Heritage Specialist, Mr Mike Watson, dated 21 January 2007 (Appendix 3j)
    • Council commissioned vibration assessment, prepared by Mr Jon Styles of JPStyles Ltd, dated 11 May 2007 (Appendix 3k)
    • Council urban design memos, prepared by Ms Nicola Williams, dated 11 June 2007 and 29th August 2007 (Appendix 3l)
    • Planning report prepared by Mr Quentin Budd - Planner, Auckland City Environments.

    Correspondence received by Council:

    • Correspondence from Mr James Gardner-Hopkins of Russell McVeagh, on behalf of Progressive Enterprises Ltd. Correspondence dated 9th July 2007 was tabled at the aforementioned Planning Fixtures Committee meeting. Further to this, correspondence received from Mr James Gardner-Hopkins, dated 13th July 2007 was received by Mr Ian Smallburn (Team Leader - Auckland City Environments), with a response by Mr Smallburn dated 18th July 2007, all attached as Appendix 7.

    Main Findings of Fact

    The main findings of fact are that:

    • The application material and expert reports commissioned by Council outline that the traffic generated by the proposed supermarket will not unduly adversely affect the safety and function of the surrounding road network. In particular, there will be minor adverse effects on traffic flows due to proposed design changes to the two intersections
    • The proposal provides 237 on-site car parks, which is considered sufficient for the scale and intensity of the activity
    • The existing infrastructure can sustain the proposed development
    • The bulk and location of the proposed supermarket building minimises potential effects on views to Mount Roskill
    • The proposed supermarket will contribute positively to the amenities of the surrounding environment
    • The proposed supermarket will provide positive socio-economic effects by fostering further employment in the area, while not impacting on existing town centres.

    Reasons for the Decision

    Pursuant to section 113 of the Resource Management Act 1991, the reasons for this non-complying activity consent are as follows:

    1. The granting of consent to the application will result in minor adverse effects on traffic flows due to proposed design changes to the two intersections.
    2. The granting of consent to the application is consistent with the business zone objectives of the District Plan. In particular, the proposed supermarket would enhance the quality of environment in the zone because the proposed supermarket building would not be overly dominant and includes an attractive array of materials. Further to this, the proposed landscaping will enhance the development and reduce adverse amenity impacts on residentially zoned land.
    3. The application is consistent with the sustainable management purpose of the Resource Management Act 1991.
    4. The application is consistent with the Auckland Regional Policy Statement which does not support the expansion of urban activities outside the metropolitan urban limits. The supermarket is proposed to be located within existing urban limits, and would use existing road networks, and waste-water and storm-water infrastructure.
    5. The proposed supermarket would achieve the purpose of the Act, insofar as it will contribute positively to the amenity of the area, while proposed measures such as landscaping along the road frontages will sufficiently avoid, remedy or mitigate adverse effects.
    6. The imposition of the following conditions will ensure that the adverse effects of the granting the application are avoided, in particular the effects associated with the construction phase of the development, and that the proposed activity is conducted in accordance with the plans and information submitted with the application.
    7. The sub-committee are satisfied that the potential adverse effects generated by the proposal are no more than minor and that all written approvals from potentially adversely affected parties have been obtained, and as a result, the application need not be publicly notified in accordance with S104(3)(d) of the Resource Management Act 1991.
    8. The proposal meets the requirements of S104D of the Resource Management Act 1991 in that the potential adverse effects are no more than minor and the proposal is consistent with and not contrary to the policies and objectives of the Auckland City Council Isthmus District Plan.

    Conditions of Consent

    Pursuant to Section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • Application titled 'Proposed Supermarket - Corner May Road and Stoddard Road Mt Roskill', Assessment of Effects and Specialist Reports, Appendix 1 - 14 (Volume 1), prepared by Planning Network Services Ltd, date stamped by Council 23rd February 2006
      • Revised application plans including sheets titled 'Elevations', 'Site Signage Plan', 'First Floor Plan', 'Site Plan Option B', date stamped by Council 24th August 2007, sheet titled 'Ground Floor Plan', date stamped by Council 2 November 2007 and prepared by Jensen Chambers Young Ltd, and revised landscape plan titled 'Landscape Planting Scheme MT31', date stamped by Council 24th August 2007 and prepared by Sue J Roff
      • Applicant's additional planning report prepared by Ms Alex Findlay of Expanse Development Planning, dated 24th August 2007
      • Applicant's additional traffic assessment prepared by Mr Todd Langwell of Traffic Planning Consultants Ltd, dated 16 October 2006, and 20th August 2007, and additional modelling information by Base Plus Ltd, dated 2nd August 2007
      • Applicant's additional economic impact assessment, prepared by Mr Mike McCracken of Foresight Partners Pty Ltd, dated 21 August 2006
      • Applicant's legal opinion, prepared by Mr Daniel Clay of Philips Fox, dated 20 February 2006
      • Applicant's additional lighting assessment, prepared by Mr Iain Daly-Jones of Maunsell Aecom Ltd, dated 14 March 2006
      • Applicant's additional infrastructure assessment, prepared by Mr Rowen Sharma of Maunsell Aecom Ltd, dated 15 September 2006, 17 October 2006, & 1 February 2007
      • Applicant's vibration assessment, prepared by Mr Rowen Sharma of Maunsell Aecom Ltd, dated 20 April 2007
      • Applicant's additional acoustic assessments, prepared by Mr Rhys Hegley of Hegley Accoustic Consultants Ltd, dated 24 July 2007, 27 September 2007, 2 October 2007 and email dated 16 April 2007

      and referenced by Council as LUC20060114401.

      Monitoring

    2. The consent holder shall pay the Council a consent compliance monitoring charge of $3,000 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $3,000 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Construction

    3. Prior to the commencement of any demolition/construction on the site, the consent holder shall submit a Construction Management Plan to the satisfaction of the Council (Resource Consents Monitoring Leader). The Construction Management Plan shall include, and not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
      1. Details of the site manager, including their contact details (phone, facsimile, postal address
      2. The location of a large notice board on the site that clearly identifies the name, telephone number and address for service of the site manager
      3. Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, storage and unloading of building materials and similar construction activities
      4. Proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours)
      5. Measures to be adopted to avoid adverse dust effects
      6. Measures for waste management which include designated sites for refuse bins, and for recycling bins for glass, plastic and cans storage and collection in accordance with the Council's waste reduction policy
      7. Location of workers' conveniences (eg portaloos)
      8. Location of site hoardings.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Management Plan shall be implemented and maintained throughout the entire demolition and earthworks period.

    4. Prior to the commencement of any demolition/construction on the site, the consent holder shall submit a Construction Traffic Management Plan to the satisfaction of the Council (Resource Consent Monitoring Leader). The Traffic Management Plan shall include, and not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
      1. Ingress and egress to and from the site for vehicles and construction machinery during site works period.
      2. Proposed numbers and timing of truck movements throughout the day and the proposed routes, including the identification of heavy vehicle routes which avoid residential streets.
      3. Procedures for managing construction vehicles.
      4. Procedures for managing general road traffic during the construction period.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Traffic Management Plan shall be implemented and maintained throughout the entire demolition and earthwork period, and updated with each ensuing Building Consent application.

    5. All demolition, earthworks and construction works shall be restricted to the hours between 7.30am to 6.00pm Monday to Friday and 9.00am to 1.00pm Saturday. No such work shall occur on Sundays or public holidays.
    6. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems in accordance with the Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for sediment control. In the event that material is deposited on the street, the consent holder shall take immediate action at their own expense, to clean the street and any street drainage systems. These measures shall remain in place until the completion of the development.
    7. The consent holder shall ensure that a wheel wash, (or if appropriate a stabilised construction entrance with a water pressure wash system), shall be constructed and all construction vehicles exiting the site are required to use this facility to the satisfaction of Resource Consent Monitoring Leader.

      Vibration

    8. The consent holder shall ensure all construction complies with the vibration levels contained in the German Standard DIN 4150 Part 3:1986 "Structural Vibration in Buildings - Affects on Structures", (DIN4150) to the satisfaction of Resource Consent Monitoring Leader.

      Infrastructure

    9. The consent holder shall ensure all wastewater (apart from toilets), are to pass through a grease trap and then be discharged via a private pump station at a minimum flow rate of 10 l/s, to the satisfaction of Resource Consent Monitoring Leader.

      Contamination

    10. There shall be no exposed soil remaining on the site at the time of opening of any retail activity. All areas shall be capped by either buildings, asphaltic concrete, concrete or other such hard impervious surface to the satisfaction of Resource Consent Monitoring Leader. Areas that are to be planted or landscaped shall be capped with a minimum of 500mm of clean fill beneath the planting or as otherwise approved by the Resource Consent Monitoring Leader.
    11. The Remediation Action Plan (Option A) prepared by Maunsell Aecom Ltd, dated November 2005 shall be adhered to at all times to the satisfaction of Resource Consent Monitoring Leader.
    12. All of the excavated soil to be removed from the site will be treated as contaminated and disposed of at an appropriate landfill facility capable of accepting such material. No material will be sent to any clean-fill facility or otherwise disposed of.
    13. All material that is to be stockpiled on the site shall be placed on an impervious surface and covered with a plastic sheet, (which is weighted down) and removed from the site within 2 weeks of excavation being commenced to the satisfaction of Resource Consent Monitoring Leader. Should the consent holder require an extension to this time limit, notification of the necessary extension must be provided and approval obtained from the Resource Consent Monitoring Leader prior to the lapsing of the time-frame.
    14. There shall be a suitably qualified person on site at all times during any works where potentially contaminated material is exposed or likely to be exposed. This person will be responsible for ensuring that the conditions of consent relating to contamination, as well as the provisions of the Remediation Action Plan are adhered to in full.
    15. Dust control measures shall be implemented when deemed necessary by the suitable person in (14) above. That person shall also be responsible for ensuring that any material loaded into trucks for transport off site is appropriately covered to prevent dust generation and loss of material whilst in transit.
    16. The consent holder shall, prior to excavation and removal of any contaminated material, submit a Health and Safety Plan, to the satisfaction of the Resource Consent Monitoring Leader, for the workers involved in the excavation, providing details of how the effects of the contaminated material will be minimised, in accordance with The Cleanup of Contaminated Sites, Occupational Safety & Health Service, Department of Labour, 1994.
    17. The consent holder shall, prior to the opening of the supermarket or any retail activity on the site, undertake a validation exercise to confirm the performance of the remediation works and to identify residual contamination at the site and provide to the satisfaction of the Resource Consent Monitoring Leader a Site Validation Report. The Site Validation Report shall include at least the following:
      1. soil test results for the excavated and remaining materials (if any and where appropriate); and
      2. scaled plans (plan and elevation views) showing the location and containment details, (if any) of any contaminated materials relocated on the site; and
      3. an on-going monitoring and management plan, and
      4. evidence of disposal of contaminated material to a licensed facility.

      The site validation report shall be prepared in accordance with the Contaminated Site Management Guidelines No. 1 Guidelines for Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2003.

      Geotechnical

    18. The consent holder shall ensure all foundations, piles or retaining walls are specifically designed by a chartered professional structural or geotechnical engineer familiar with the geotechnical report by Maunsell Limited, dated July 2005, ref. 010705, "MT31 Geotechnical Assessment".
    19. The consent holder shall ensure foundations are to be driven steel H piles, (driven to refusal on the basalt), with a suspended floor, or the existing fill and alluvium above the basalt shall be excavated and disposed of, with the resulting void being filled with engineered fill, and then slab-on-grade foundations can be formed on the engineered fill.
    20. The consent holder shall ensure a Chartered Professional Engineer (with experience in geotechnical matters) shall inspect any pile driving or excavations for foundations.
    21. The consent holder shall ensure that all temporary excavations (except those in rock), be limited to an open face of not more than 3m (three metres) horizontal distance, at any one time and shall be limited to an unsupported gradient of 1 vertical to 2 horizontal.
    22. The consent holder shall ensure all excavations that intercept a line 1 vertical to 2 horizontal from an adjacent boundary be retained with a suitable retaining structure designed for at-rest conditions.
    23. The consent holder shall ensure all site-works shall be under the control of a Chartered Professional Engineer (with experience of geotechnical matters). The site-works shall follow the recommendations of the detailed geotechnical report for foundation types, (including depth of foundations required) and earthworks. This will include supervision of excavations for the foundations, retention measures and floor slabs. Provision must be made for over deepening of any foundations where soft or weak soils are encountered.
    24. The consent holder shall ensure no fill material shall be placed as part of the final development without specific geotechnical design. Placement of such fill shall be under the supervision of a Chartered Professional Engineer with geotechnical experience, who shall certify to the Council within one month of placement, that the fill has complied with the design criteria and has been placed as specified.
    25. The consent holder shall ensure excavations in exposed ground shall be protected from the detrimental effects of weathering e.g. by the use of polythene, base-course or other similar methods. Alternatively, material damaged by the weather shall be removed to a depth determined by a Chartered Professional Engineer (with experience of geotechnical matters).
    26. The consent holder shall ensure all spread foundations shall be founded a minimum of 450mm below cleared ground level and into natural ground or engineered made ground (fill). Should non-engineered made ground exist at this level, the excavation must be deepened to penetrate through the made ground and into the natural materials. For non-engineered made ground greater than 1m depth, specific design of foundations is required.
    27. The consent holder shall ensure all trenches for sewer pipes and other utilities shall be designed to include measures for the collection and disposal of any water that infiltrates into the trenches. All trench backfilling shall be supervised by a Chartered Professional Engineer with experience in geotechnical matters.
    28. The chartered professional engineer shall provide a completion report to the Resource Consent Monitoring Leader within one month after the completion of all earthworks and excavation advising whether or not conditions (18) - (27) have been satisfied.

      Noise

    29. The consent holder shall ensure that all construction complies with the standards contained in Rule 4A.1D of the Auckland City District Plan - Isthmus Section (1999) to the satisfaction of Resource Consent Monitoring Leader.
    30. Prior to the commencement of any earthworks or construction on the site, the consent holder shall submit a Construction Noise Management Plan to the satisfaction of the Council (Resource Consent Monitoring Leader). The Noise Management Plan shall include (and not be limited to) details regarding the following matters:
      1. Duration of Works.
      2. Working hours (these shall be between 7:30am to 6:00pm Monday to Friday and 9:00am to 1:00pm Saturday. No such work shall occur on Sundays or public holidays).
      3. Contact details of persons available on-site at all times.
      4. A list of noisy activities that have the potential to exceed the permitted noise levels for construction activities exceeding 18 weeks.
      5. For each activity in (iv) above, mitigation measures shall be specified that can be undertaken to reduce the noise levels should non-compliance be detected, (i.e. the erection of screening etc.).
      6. Noise monitoring and complaint management procedures if complaints are received.
    31. The consent holder shall ensure that the use or operation of refrigeration units on trucks making deliveries to the site may only occur between the hours of 7:00am to 10:00pm from Monday to Saturday, and between 9:00am and 6:00pm on Sundays and public holidays. At all other times, the use of refrigeration units is prohibited.
    32. Prior to the commencement of products being delivered to the supermarket, a sign shall be erected and maintained in a location conspicuous to all truck drivers that reads, (or similar to) as follows:

      The running of refrigeration units on trucks may only occur between the hours of 7am to 10pm from Monday to Saturday, and between 9am and 6pm on Sunday's and Public Holidays. At all other times, the use of refrigeration units is prohibited.

    33. The design and location of all mechanical plant, (including air-conditioning, refrigeration, compressors etc.) located outside the main building shall be approved by Auckland City Environments - Resource Consent Monitoring Leader prior to the commencement of their operation. The information shall be supplied prior to the construction of the mechanical plant in a report format and shall include predictions of noise levels at all of the adjacent residential dwellings along May Road and Stoddard Road.

      Opening Hours

    34. The operating hours of the supermarket and any other on-site ancillary activities shall be limited to the period between 6:00am to midnight seven days a week, except as otherwise prohibited on public holidays. The pylon signs shall not be illuminated outside of these hours.

      Lighting

    35. The consent holder shall ensure all lighting for signs complies with clause 27.3.5 of the Auckland City Consolidated Bylaw (1998) and all other lighting (car park, security etc.) complies with clause 13.3 of the Auckland City Consolidated Bylaw (1998). A suitably qualified lighting specialist shall provide a letter to the Resource Consent Monitoring Leader prior to the opening of the supermarket, stating whether or not the lighting complies with clauses 27.3.5 and 13.3 of the Auckland City Consolidated Bylaw (1998).

      Landscaping

    36. The consent holder shall implement and maintain the landscaping that is depicted on approved plan titled 'Landscape Planting Scheme MT31', prepared by Sue J Roff and date stamped by Council 24 August 2007, prior to the opening of the supermarket to the satisfaction of Council (Resource Consent Monitoring Leader).

      View Protection - Volcanic Cones Affected Area (E05 - 29)

    37. The consent holder shall engage a licenced cadastral surveyor to certify to Council in writing prior to work progressing beyond the foundation and roof framing stages in regard to the permitted building height for the volcanic view protection control that either:
      1. work completed to this stage is in accordance with the levels and dimensions on approved plans OR
      2. there are differences to the approved plans in levels and dimensions of work completed to this stage, but the differences do not breach the Operative Auckland City District Plan (Isthmus Section), provided that what remains to be built beyond this stage will be built in accordance with approved plans.

      In the event of (b), the certificate shall also specify the differences. In either event, work shall not proceed beyond this stage until receipt of the above required certificate to the satisfaction of Council (Resource Consent Monitoring Leader).

      Traffic

    38. The consent holder shall construct the changes to the intersections prior to the opening of the supermarket (engineering approval (EP) from Development Engineering - Auckland City Council for the proposed intersection up-grades will be required in accordance with the Auckland City - Traffic & Roading Services - Standard Engineering Details (June 2004) manual).

      Waste Management

    39. The consent holder shall ensure facilities for the storage, collection and disposal of refuse and recycling are provided on site at all times, to the satisfaction of the Council (Resource Consent Monitoring Leader). Prior to the occupation of the building, following completion of construction, a copy of a waste management plan shall be lodged with the Council by the consent holder which shall include designated areas for refuse and recycling bins for the collection and storage of glass, paper, plastic and metal cans and collection details. The plan shall be prepared and implemented to the satisfaction of Council (Resource Consent Monitoring Leader) and shall be in accordance with the Council's waste reduction policy.

    ADVICE NOTES

    1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
    2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
    3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    4. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
    5. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and 357B of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.
    6. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution will be calculated at the building consent stage of the development.
    7. The proposed private pump station will require Metrowater approval at Building Consent application stage.
    8. The proposed development's water supply and site access requirements for fire-fighting will need to be determined in conjunction with the New Zealand Fire Services at Building Consent application stage.
    9. All water supply connections to the Metrowater supply main shall be designed in accordance with Metrowater's "Development and Connection Standards" and shall be made by a Metrowater approved contractor. For details, please contact Metrowater.
    10. The consent holder shall ensure that all work for water-supply, waste-water and storm-water infrastructure is carried out in accordance with the third edition (February 2005) of the Auckland City - Metrowater 'Development and Connection Standards' manual.
    11. The consent holder shall obtain an approved Engineering Approval from Auckland City Environments - Development Engineering Team, for any required construction and/or alteration to the public water supply systems.
    12. The consent holder shall obtain an approved Engineering Approval from Auckland City Environments - Development Engineering Team, for any new sewers or for the modification to existing public sewer networks.
    13. The consent holder shall ensure any building-works over or adjacent to public drains shall be constructed in accordance with the third edition (February 2005) of the Auckland City - Metrowater 'Development and Connection Standards' manual may include piling to at least the invert level of the drain.
    14. The consent holder shall ensure all storm-water from any new hard surfaces (roofs, patios, driveways etc), will be collected and disposed of to an appropriate reticulated or otherwise council approved system.

    CARRIED

    5.5. 7 PERE STREET, REMUERA 20070153201

    That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application be processed without notice because:

    •  The adverse effects of the activity on the environment will be no more than minor
    •  There are no persons considered to be adversely affected by the activity.

    That, pursuant to section 94C of the Resource Management Act 1991, there are no special circumstances to warrant public notification of the application

    Pursuant to Section 104B of the Resource Management Act 1991, the discretionary activity land use application by A and K Hadlow to undertake additions and alterations to an existing dwelling that:

    Operative District Plan

    •  Involves external additions and alterations to an existing building on a site zoned Residential 3b
    •  Involves earthworks over 5m³ on a site zoned Residential 3b
    •  Infringes the 2m+45º building in relation to southern boundary control under the District Plan for a maximum vertical height of 0.64m over a maximum horizontal length of 2.15m

    Plan Change 192

    •  Involves external additions and alterations to an existing building on a site zoned Residential 3b

    at 7 Pere St, Remuera described as Part Allotment 3 Section 11 Suburbs of Auckland, CT 16B/1425 be granted consent.

    Pursuant to Section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision:

    Relevant Statutory Provisions

    The following provisions of the Resource Management Act 1991 were relevant in the assessment of this application:

    •  Sections 104, 104B and 108 (discretionary activity)

    Relevant Plan Provisions

    The relevant planning documents considered were:

    Auckland City District Plan 1999 - Isthmus Section and in particular the following:

    •  Clause 4A.2B (Earthworks)
    •  Clause 4.3.1.2B (Development Control Modification)
    •  Clause 7.6.3 (Residential 3 Objectives and Policies)
    •  Clause 7.7.1 (Activities in the Residential 1-7 zones)
    •  Clause 7.7.3.1 (General Criteria for Assessing Applications for Controlled Activities)
    •  Clause 7.7.3.2B (Criteria for Additions and Alterations in Residential 3b)
    •  Clause 7.7.3.2D (Criteria for External Additions or Alterations to Existing Buildings on a site in the Residential Zone)
    •  Clause 7.7.4.3 (Criteria for Earthworks)
    •  Clause 7.8.1.3 (Building in Relation to Boundary)

    Plan Modification 192 and in particular the following:

    •  Clause 7.7.1 (Activities in the Residential 1-7 zones)
    •  Clause 7.6.3 (Residential 3 Objectives and Policies)
    •  Clause 7.7.4.2.4 (Criteria for Additions and Alterations in Residential 3b)
    •  Clause 7.7.4.3 (Criteria for Earthworks).

    Principal Issues in Contention

    The application was not the subject of a contested hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    This application was not the subject of a contested hearing. Whilst no evidence has been provided, Council has considered the following specialists' reports:

    •  The assessment of effects titled "The Applicant and Property Details" prepared by Robert Demler of Demler Planning Services Limited, dated 1 March 2007
    •  The letter titled "Additional Assessment of Effects Report (Earthworks)" prepared by Robert Demler of Demler Planning Services Limited, dated March 2007
    •  The letter titled "RMA 7 Pere Street: Council Reference LUC20070153201" prepared by Robert Demler of Demler Planning Services Limited, dated 29 June 2007
    •  The letter titled "RMA application 7 Pere Street LUC20070153201" prepared by Robert Demler of Demler Planning Services Limited, dated 31 May 2007
    •  The memo titled "7 Pere St, Remuera" prepared by Mike Watson of Auckland City Council, dated 4 July 2007
    •  The letter titled "7 Pere Street Remuera, Proposed Development, Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915" by Andrew Gysberts of Auckland City Council dated 17 October 2007
    •  The letter titled "RMA 7 Pere Street Remuera" prepared by Robert Demler of Demler Planning Services Limited, dated 28 October 2007.

    Main Findings of Fact

    The main findings of fact are:

    •  The scale, form, mass, proportion and colour of the external addition and alterations will be compatible with the original architectural style of the existing building on the site
    •  The additions and alterations will not infringe the volcanic cones height control and the majority of the excavation proposed is to be under the existing building platform
    •  No persons are considered adversely affected by this proposal, though the applicant has obtained the written approval of C and W Schwass of 5 Pere St, Remuera
    •  Any adverse effect on the environment will be no more than minor.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the applicant's proposal will have no more than minor adverse effects on the environment and the existing building will protect the excavation area during rainfall mitigating any adverse silt and runoff effects.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular the building in relation to boundary infringement will not adversely affect sunny outdoor space and the passive heating ability of 5 Pere St.
    3. The imposition of the following conditions will ensure that the effects of granting the application are mitigated, and in particular the proposal is carried out in accordance with the application material and plans submitted and the proposed materials will be in keeping with the existing dwelling.
    4. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan and the provisions of Plan Change 192, and the sustainable management purpose of the Resource Management Act 1991.

    Pursuant to Section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as: 
      • The assessment of effects titled "The Applicant and Property Details" prepared by Robert Demler of Demler Planning Services Limited, dated 1 March 2007
      • The letter titled "RMA 7 Pere Street: Council Reference LUC20070153201" prepared by Robert Demler of Demler Planning Services Limited, dated 29 June 2007
      • The letter titled "RMA application 7 Pere Street LUC20070153201" prepared by Robert Demler of Demler Planning Services Limited, dated 31 May 2007
      • The letter titled "RMA 7 Pere Street Remuera" prepared by Robert Demler of Demler Planning Services Limited, dated 28 October 2007
      • Sheet RCb203 Rev C titled "Site Plan" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa204 Rev B titled "Ground Floor Plan: Existing and Demolition" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa205 Rev B titled "Ground Floor Plan: Proposed" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa206 Rev B titled "First Floor Plan: Existing and Demolition" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCb207 Rev C titled "First Floor Plan: Proposed" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RC210 Rev A titled "North Elevation - Existing" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa211 Rev B titled "Proposed North Elevation" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RC212 Rev A titled "West Elevation - Existing" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa213 Rev B titled "Proposed West Elevation" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RC214 Rev A titled "South Elevation - Existing" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa215 Rev B titled "Proposed South Elevation" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RC216 Rev A titled "East Elevation - Existing" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa217 Rev B titled "Proposed East Elevation" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCb218 Rev D titled "Rolling Height Analysis" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RCa219 Rev C titled "Excavation Calculation" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007
      • Sheet RC 226 Rev A titled "Excavation Sections" prepared by Michael Chung of Swan Railey and Associates Ltd dated May 2007

      and referenced by Council as LUC20070153201

      Monitoring

    2. The consent holder shall pay the Council a consent compliance monitoring charge of $187.38 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $187.38 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Design and Appearance of Buildings and Structures

    3. In order to retain a residential appearance and character in keeping with other residential buildings in the surrounding area:
      •  colour scheme shall be compatible with the existing house and its neighbours and submitted to the Resource Consents Monitoring Leader for approval prior to construction.

      Site Works

    4. All fill not used on site shall be disposed of off-site.

    ADVICE NOTES

    1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
    2. The consent holder is advised that there are trees on the property which come within the tree protection rules set out in 5C.7.3 of the district plan and these cannot be cut, trimmed or have work undertaken below the dripline without a prior resource consent. If the consent holder wishes to undertake the above mentioned work, a resource consent application will need to be made to the Council. Consent will not necessarily be granted to such an application. Any work undertaken near protected trees should be done in accordance with Annexure 5 of the district plan.
    3. The consent holder needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
    4. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    5. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
    6. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and 357B of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.
    7. The consent holder is reminder of their obligation to landscape the batter to the satisfaction of the Mt Hobson Domain Board (Auckland City Council) as pursuant to Section 5(1) of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915.

    CARRIED

    [ATTACHMENT 5.5A]

    5.6. 12-16 NORMANBY ROAD, MOUNT EDEN 20070633201

    That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application be processed without notice because:

    •  The adverse effects on the environment of the activity will be minor
    •  There are no persons considered to be adversely affected by the activity.

    That, pursuant to section 94C, there are no special circumstances to warrant notification.

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Goodman (NZ) Limited for the (retrospective) erection of three lighting poles, two being 7.6m in height and one being 2.5m in height which are located on the rooftop, that will:

    •  Constitute additions to a building in the Mixed Use zone
    •  Infringe the maximum height control (two of the poles resulting in a 7.6m infringement while the third results in a 2.5m infringement)

    at 12-16 Normanby Road, Mt Eden, described as Lot 2, DP 205233, CT NZ133D/152 be granted consent.

    Pursuant to section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision:

    Relevant Statutory Provisions

    The following provisions of the Resource Management Act 1991 were relevant in the assessment of this application:

    •  Sections 104, 104B and 108 (discretionary activity)

    Relevant Plan Provisions

    The relevant planning documents considered were:

    Auckland City District Plan 1999 - Isthmus Section and in particular the following:

    •  Mixed Use Zone Objectives and Polices within Clause 8.6.10, Activity Table at Rule 8.7.7, Development Controls within Clause 8.8.10, Controlled Activity Assessment Criteria within Clause 8.7.7.2, and Development Control Modification Criteria within Clause 4.3.1.2B

    Principal Issues in Contention

    The application was not the subject of a contested hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    This application was not the subject of a contested hearing. Whilst no evidence has been provided, Council has considered the following specialists' reports:

    •  "Resource Consent Application", prepared by Alistair White of Planning Focus Ltd, dated August 2007 (including letter from Russ Kern of Electrical Consulting Services Ltd, dated 7 September 2007)
    •  Letter to Richard Blakey of Blakey Scott Planning Ltd, from Urban Design Panel, dated 5 March 2007
    •  Planning report by Craig Magee, Consultant Planner at R.M.S. Ltd
    •  Email from Gerrard Kaczmarek, resident at 3/23 Edwin St, to Paul Arnesen, dated 12 October 2007
    •  Email from Yvonne Lane of Planning Focus Ltd, dated 30 October 2007.

    Main Findings of Fact

    The main findings of fact are:

    •  The proposal will be an appropriate development of the Mixed Use site, as the amenity of the surrounding environment will be maintained
    •  Having had regard to the professional views contained within the application documents and the planner's report, the Council considers that there will be minor adverse effects on the environment. These effects will be mitigated by the slim-line nature of the lighting poles, their centralised positions on top of the parking building, the lights being switched off at 10pm, the replacement of the stair light with a new low glare fitting with a fully shrouded lamp, and the lack of light spill beyond the rooftop
    •  No persons will be adversely affected by the proposal
    •  The proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991
    •  A complying lighting system which would require additional poles would potentially have more adverse effects.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will have minor effects on the general amenity of the surrounding area in that three slim-line poles will appear on the carpark rooftop, which will be visible from viewpoints within the surrounding environment
    2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and in particular those criteria relating to additions to buildings in the Mixed Use zone, and maximum height
    3. The imposition of the following conditions will ensure that the effects of the granting of the application are mitigated
    4. The application is consistent with the objectives and policies of the district plan and the sustainable management purpose of the Resource Management Act 1991.

    Conditions of Consent

    Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    Activity in Accordance with Application and Plans

    1. The activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • "Resource Consent Application", prepared by Alistair White of Planning Focus Ltd, dated August 2007
      • Drawing E04, Amendment B, by Walker Architects, titled "Electrical Services Level 5 Layout" dated by council 7 September 2007
      • Drawing E07, Amendment D, by Walker Architects, titled "Electrical Services Schematics & Details Sheet 2" dated by council 7 September 2007
      • Page 331 from a Thorn Lighting catalogue/brochure, titled 'Thorn Plaza'.

      Monitoring

    2. In granting consent to an application the Council may impose conditions to offset any adverse effects associated with the land use. In addition, Council is required to monitor the exercise of resource consents under section 35 of the Act and can charge the consent holder under section 36 in order to carry out monitoring functions. The amount that can be charged is based on actual and reasonable costs associated with monitoring and covers such tasks as site inspections, carrying out tests and administration.

      The main components of this consent which will require monitoring are ensuring that the condition relating to the lights being turned off at 10pm is complied with. Pursuant to section 36 of the Act, a monitoring fee of $92.75 has been imposed and a condition requiring payment of this fee is recommended.

      Night Time Use

    3. All lighting on Level 5 (the rooftop carpark) shall only be turned on between dusk and 10pm each night.

      Replacement Stair Light

    4. The existing stair light (marked as 'C' on the submitted plans) shall be replaced with a new low glare fitting with a fully shrouded lamp (such as the 'Thorn Plaza' complete with 26 Watt florescent lamp, or similar).

    ADVICE NOTES

    1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
    2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 1991. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
    3. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.
    4. The consent-holder is advised that the luminance from the lights will need to continue to comply with the controls within the Auckland City District Plan 1999 - Isthmus Section and relevant Auckland City Bylaw.

    CARRIED

    5.7. 51-53 CARBINE ROAD, MOUNT WELLINGTON 20070271201

    That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application be processed without notice because:

    •  The adverse effects on the environment of the activity will be minor
    •  No persons are considered to be adversely affected by the activity.

    That, pursuant to section 94C, there are no special circumstances to warrant notification.

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary land use application by Mainzeal Property and Construction Limited to construct a new 'trade retail', office and warehousing development on the subject site that:

    •  Involves the establishment of 'retail' activity within the Business 5 zone
    •  Involves the establishment of 'office' activity within the Business 5 zone
    •  Involves the establishment of 'warehouse' activity within the Business 5 zone
    •  Involves the establishment of a 'retail' premises with a gross floor area between 200m2 and 2500m2 (within 200m of a Business 8 site) that exceed the permitted GFA
    •  Provides only 131 parking spaces, resulting in a shortfall of 37 spaces
    •  Involves new activities which gain access within a Defined Road Boundary
    •  Involves total parking spaces over the site exceeding 100
    •  Involves the removal of 4 generally protected trees
    •  Involves the location of an activity on a contaminated site
    •  Involves the location of an activity on a site which is potentially unstable
    •  Involves earthworks over an area of 9860m2 (which is greater than 250m2) on an area with an average slope greater than 5%

    at 51-53 Carbine Road, Mt Wellington, described as Lot 1 DP 198515 NA 126A/925 & Lot 2 NA 126A/926 be granted consent.

    Pursuant to section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision set above:

    Relevant Statutory Provisions

    The following provisions of the Resource Management Act 1991 were relevant in the assessment of this application:

    •  Sections 104, 104B and 108 (discretionary activity)

    Relevant Plan Provisions

    The relevant planning documents considered were:

    Auckland City District Plan 1999 - Isthmus Section and in particular the following:

    •  Earthworks: Rule 4A.2.B, Clause 4.3.2.5 and Assessment Criteria within 4A.2.B
    •  Trees: Objective and Policies within Clause 5C.7.3.1, Rule 5C.7.3.3C and Assessment Criteria within 5C.7.3.3C
    •  Instability: Objective and Policy within Clause 5D.3, Rule 5D.6.1, Clause 4.3.2.6 and Assessment Criteria within 5D.6.2
    •  Contamination: Objectives and Policies within Clause 5E.4, Rule 5E.7.4.2
    •  Business Activity: General Objectives and Policies within 8.3, Business 5 Objectives and Policies within 8.6.5, Activity Table Rules within 8.7; and General Criteria for Assessing Discretionary Activities within Clause 8.7.3.2
    •  Threshold Effect Rule at 8.7.1.1 and Assessment Criteria within Clause 8.7.3.3.1
    •  Transportation: Roading & Parking Objectives and Policies within 12.6.1 & 12.7.1, Rules within 12.8.1 and 12.8.2.6 and 12.9.1.1A and Assessment Criteria within Clause 12.9.1.2A and 12.9.1.2

    The Auckland Regional Policy Statement was not considered to have a bearing on this application.

    Principal Issues in Contention

    The application was not the subject of a contested hearing as the Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

    Summary of Evidence

    This application was not the subject of a contested hearing. Whilst no evidence has been provided, Council has considered the following specialists' reports:

    •  Assessment of Effects on the Environment prepared by Richard Falconer of Positive Planning Ltd, referenced as 2287-05, and dated 2 July 2007, containing:
      • Attachment 1: Resource Consent ref LUC20060116901
      • Attachment 2: Letter from Council Property Division
      • Attachment 3: Site Location Plan
      • Attachment 4: Certificates of Title
      • Attachment 5: Evacuation Contingency Plan
      • Attachment 6: Traffic Impact Assessment prepared by Traffic Design Group
      • Attachment 7: Arboriculture Assessment prepared by Wakeling & Associates
      • Attachment 8: Geotechnical & Environmental Report prepared by Sinclair Knight Merz
      • Attachment 9: Engineering Report prepared by Day Consultants Ltd
    •  Transportation Assessment Report review letter, written by Nicholas Fuller, Council's Consultant Traffic Engineer (at Beca Infrastructure Ltd), dated 12 September 2007
    •  The Council Consultant's planning report
    •  Memos from Gerard Mostert, Council Arborist, dated 20 March 2006 and 9 June 2006, with respect to tree removals and replacement planting proposed
    •  Memos from Bin Qui, Council Environmental Health Officer, dated 17 March 2006 and 31 May 2006, with respect to contamination
    •  Memo from Scott Paton, Council Development Engineer, dated 21 March 2006, with respect to earthworks, instability, and servicing
    •  Emails from Miguel Menezes, Council Traffic Safety Engineer, dated 24 May 2006 and 19 June 2006 and Memo dated 21 April 2006, with respect to transportation and access
    •  Email from Christine Smith, Council Property Officer, dated 10 March 2006, with respect to the existing easement on the subject site
    •  Email from Richard Falconer to Craig Magee dated 12 October 2007, regarding acceptance of conditions of previous consent and additional 'retailing type' restriction.

    Main Findings of Fact

    The main findings of fact are:

    •  Having had regard to the professional views contained within the application documents, the Council review documents and the Transportation Assessment Report review letter, the Council considers that the effects on the environment will be minor
    •  Demand for parking will be less than normal 'generic' retailing because of the restriction on the type of retailing that will take place
    •  The proposed development will not adversely affect the character and amenity of the surrounding environment
    •  No persons will be adversely affected by the proposal.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will have minor effects with respect to traffic and access, earthworks, instability, contamination, public safety, and noise.
    2. The granting of consent to the application is consistent with criteria relating to 'retail', 'office' and 'warehouse' use in the Business 5 zone, threshold effects, a parking shortfall, for activities gaining access within a Defined Road Boundary, the provision of over 100 parking spaces, the removal of generally protected trees, development of land subject to contamination, development of land potentially subject to instability, and earthworks.
    3. The imposition of the following conditions will ensure that the effects of the granting the application are mitigated, and in particular that covenants are placed on the Certificates of title restricting the type of retail allowed, the tree works are carried out in accordance with the recommendations of the applicant's arborist and the Council arborist, site works are carried out with protection measures, that parking and manoeuvring operates efficiently, that contamination safety issues are identified and confirmed, and that the Health and Safety plan is implemented.
    4. The application is consistent with the objectives and policies of the District Plan and the sustainable management purpose of the Resource Management Act 1991.

    Conditions

    Pursuant to Section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

    Activity in Accordance with Application and Plans

    1. The activity shall be carried out in accordance with the following drawings, as drawn by Ashton Mitchell Architects:

      RC01-a, dated 3 June 2007

      RC02-a, dated 25 June 2007

      RC03-a, dated 25 June 2007

      RC04a, dated 25 October 2007

      and all information submitted with the application and referenced by Council as LUC20070457201.

      Monitoring

    2. The consent holder shall pay to the Council a consent compliance monitoring charge of $824.00 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).The consent holder will be advised of any further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Development Engineering

    3. Foundation design and construction shall follow the recommended options detailed within Section 6 of the submitted SKM 'Geotechnical and Environmental Investigation Report', dated 10th February 2006.
    4. Silt and erosion control shall be carried out as recommended within Section 5 of the Day Consultants 'Engineering Report', dated February 2006, to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems. In the event that material is deposited on the street, the consent holder shall take immediate action at their own expense, to clean the street. These measures shall remain in place until the completion of the development.
    5. To prevent contamination of drains with water containing sediment, the following shall apply:
      1. Any excavated material (except where this is to be re-used on the site) shall be removed from the site within 3 months of being excavated), and
      2. Excavated material to be re-used on the site shall be covered with a waterproof cover or grassed within 3 months.

      Fire-fighting

    6. The public water supply shall be extended onto the site to provide a fire hydrant complying with Section 12.8.2.1(d) of the District Plan.
    7. Any shortfalls in the adequacy of the public supply to provide for fire fighting shall be mitigated by the Consent Holder to the satisfaction of Auckland City Council (Resource Consent Monitoring Leader) prior to any occupancy of the buildings. Alternative acceptable solutions such as sprinklers and storage are detailed in SNZ PAS 4509:2003.

      Site Contamination

    8. The consent-holder shall, prior to excavation and construction works commencing, conduct further investigations into the site contamination, including soil and ground water sampling and testing according to the sampling programme outlined within the SKM letter of 5 May 2006 to Auckland City Council. The consent-holder shall then provide an investigation and assessment report to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council.
    9. The consent-holder shall, prior to excavation and construction works commencing, submit a remediation action plan to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council, and undertake remediation works in accordance with the approved remediation plan.
    10. The consent-holder shall, prior to the extraction and removal of any contaminated material, submit a Health and Safety Plan to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council, for workers involved in the excavation, providing details of how the effects of the contaminated material will be minimised (in accordance with 'The Cleanup of Contaminated Sites, Occupational Safety and Health Service, Department of Labour, 1994').
    11. Within three months following the completion of remediation works, the consent-holder shall undertake a validation exercise to confirm the performance of the remediation works and to identify residual contamination at the site and provide to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council, a 'Site Validation Report'. This shall include at the least the following:
      1. Soil test results for the excavation and remaining materials (if any); and
      2. Scaled plans (plan and elevation view) showing the location and containment details (if any) of any contaminated materials remaining on the site; and
      3. Evidence of the disposal of contaminated material within a licenced facility.

      The Resource Consent Monitoring Leader, Auckland City Council, shall determine the requirement for any on-going monitoring or management.

      Retail Restriction

    12. The consent holder, prior to occupation of any retail floor area, shall provide Council with written confirmation from a professional Traffic Engineer that, in his/ her opinion, a parking demand of no greater than 1 parking space per 30m2 of gross floor area will result from the specific activity. This shall be to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council. A professional Traffic Engineer will be required to reconfirm this upon any change in tenancy (or retail type) within the units.
    13. That the registered proprietor of Lot 1 DP 198515 NA 126A/925 & Lot 2 NA 126A/926 shall enter into Section 108 Resource Management Act 1991 Covenant in favour of Auckland City.

      The Covenant shall:

      • Specify that the retail floorspace on the subject site shall be restricted to trade retail only; and
      • Specify the requirement outlined within Condition (12) that, prior to occupation of any retail floor area, the consent holder shall provide Council with written confirmation from a professional Traffic Engineer that, in his/ her opinion, a parking demand of no greater than 1 parking space per 30m2 of gross floor area will result from the specific activity, and that a professional Traffic Engineer will be required to reconfirm this upon any change in tenancy (or retail type) within the units; and
      • Be drafted and approved by Auckland City's nominated Solicitor at the Consent Holder's cost; and
      • Be registered at the Consent Holder's cost on the certificates of title to the affected land; and

      The Consent Holder shall be responsible directly to Auckland City's Solicitor for all legal fees, disbursements and other expenses incurred by Auckland City in connection with the Covenant and shall indemnify and hold Auckland City harmless from and including all legal fees, disbursements and other expenses.

      In the first instance the Consent Holder should contact the Resource Consent Monitoring Leader at Fax 353 9186 for preparation/approval of the Covenant.

      Traffic

    14. Right-turn movement from the site into Carbine Road shall be prohibited, by the placement of a median island at the access with appropriate curvature to ensure left-turn only exit arrangement. This shall be constructed as the consent-holders expense in accordance with plans which have been prepared to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council.
    15. A traffic survey and independent traffic safety audit shall be conducted by the consent-holder at the consent-holder's expense and forwarded to the Resource Consent Monitoring Leader, Auckland City Council, within six months of the development becoming operational. The purpose of this survey and audit will be to assess whether right-hand turns into the site from Carbine Road are causing any adverse effects on the environment.
    16. On receipt of the information required by Condition (15) of this consent, the Council may serve notice on the consent-holder of its intention to review the conditions of this consent, pursuant to Section 128 of the Resource Management Act, for the purpose of:
      1. Reviewing the traffic volumes and traffic safety conditions in relation to the operation of the development and in particular any adverse effects on the environment from the access arrangement. It should be noted that where the traffic volumes are found to be significantly higher than predicted in the Transportation Assessment Report and/or that adverse safety conditions are introduced at the access because of this movement, the access will be required to be operated as a left in/left out access and there shall be no right turn permitted from Carbine Road into the site.
      2. If it is determined that a left in/left out only access is required, the consent-holder shall be required to undertake modifications to the vehicle crossing and road reserve to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Council. All costs associated with the design and construction of the works shall be borne by the consent-holder.
    17. Final approval of the proposed layout and access arrangement shall be subject to Engineering Detail Plan approval by the Resource Consent Monitoring Leader, Auckland City Council.

      Landscaping

    18. Immediately following the completion of construction work onsite, the consent-holder shall landscape the site in accordance with the Landscaping Plan (RC04a, dated 25 October 2007) submitted as part of the application.
    19. The landscaping (as detailed within RC04a, dated 25 October 2007) shall be properly maintained thereafter. Any planting that dies or is severely damaged beyond repair shall be replaced at the consent-holders expense

      Lots held together

    20. Prior to the construction commencing the lots shall be held together as one site in such a way that they cannot be disposed of independently without the prior consent of Council. Written confirmation thereof shall be provided to the Council (Resource Consent Monitoring Leader, Auckland City Council), prior to the commencement of construction.

      Construction

    21. Prior to the commencement of any demolition/construction on the site, the consent holder shall submit a Construction Management Plan to the satisfaction of the Council (Resource Consents Monitoring Leader). The Construction Management Plan shall include, and not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
      1. Details of the site manager, including their contact details (phone, facsimile, postal address
      2. The location of a large notice board on the site that clearly identifies the name, telephone number and address for service of the site manager
      3. Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, storage and unloading of building materials and similar construction activities
      4. Proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours)
      5. Measures to be adopted to avoid adverse dust effects
      6. Measures for waste management which include designated sites for refuse bins, and for recycling bins for glass, plastic and cans storage and collection in accordance with the Council's waste reduction policy
      7. Location of workers' conveniences (eg portaloos)
      8. Location of site hoardings.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Management Plan shall be implemented and maintained throughout the entire demolition and earthworks period.

    22. Prior to the commencement of any demolition/construction on the site, the consent holder shall submit a Construction Traffic Management Plan to the satisfaction of the Council (Resource Consent Monitoring Leader). The Traffic Management Plan shall include, and not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
      1. Ingress and egress to and from the site for vehicles and construction machinery during site works period.
      2. Proposed numbers and timing of truck movements throughout the day and the proposed routes, including the identification of heavy vehicle routes which avoid residential streets.
      3. Procedures for managing construction vehicles.
      4. Procedures for managing general road traffic during the construction period.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Traffic Management Plan shall be implemented and maintained throughout the entire demolition and earthwork period, and updated with each ensuing Building Consent application.

    ADVICE NOTES

    1. Subject to Section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution is payable on this proposal. A notice of assessment will be sent out which outlines the quantum of the contribution payable for this consent. Please note that with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and Section 224(c) certificates for subdivisions will not be issued until the development contribution is paid. 

      If further consents are applied for in respect of this development the contribution amount may be re-calculated at that time.

      Please contact the Development Contributions team for any queries in this regard.

    2. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent, unless, before the consent lapses;
      • The consent is given effect to; or
      • An application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
    3. The reports and plans mentioned within Conditions (12), (13), (14) and (15) above should be prepared in accordance with the Contaminated Site Management Guidelines 'No. 1 Guidelines for Reporting on Contaminated Sites in New Zealand', Ministry for the Environment 2003.
    4. The consent-holder shall be advised that further requirements may be imposed with respect to accessways/drives and servicing with any subsequent subdivision, cross lease, or unit title application.
    5. Any alteration of public drains requires "Engineering Approval" from Auckland City Council Development Engineer prior to a building consent being issued. Any works on adjacent properties shall require affected owners consent. Note that public manholes are not permitted to be built over. These shall be moved clear of building footprints at the cost of the consent-holder.
    6. Adhesives, solvents, paints and other contaminants from building operations shall be prevented from entering stormwater drains on adjacent waterways.
    7. Should siteworks on the site exceed 1ha the consent-holder is advised that consent will be required from Auckland Regional Council. The consent-holder is advised that consent is required from Auckland Regional Council in relation to earthworks adjacent to an open watercourse located on the site, and also for stormwater discharge. Treatment of runoff will be required to comply with the Auckland Regional Council publication 'Stormwater Management Devices: Design Guidelines Manual'.
    8. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 1991. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
    9. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    10. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to Team Leader, Resource Consents Monitoring, Regulatory Services, Auckland City Council and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
    11. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.
    12. The consent-holder is advised that in order to realign the existing easement over the subject site, the Council's Property Department will need to give approval. As requested within their letter, a new easement plan should be forwarded to them in the first instance.
    13. Details of stormwater treatment (to be provided on-site) shall be provided with the building consent application. On-site stormwater detention will be required to ensure pre and post stormwater flow rates are no greater in magnitude than what currently exists. This is required to minimise any detrimental effects with regard to flooding downstream in the watercourse.
    14. The Consent Holder shall be advised of Council's requirements outlined in Metrowater Development and Connection Standards issued Feb 2005, particularly the requirements for:
      • On - site separation of private drainage reticulation
      • Clearance requirements for works in relation to Public Services
      • Protection of services in relation to construction activities

      Details shall be provided with the building consent application.

    [ATTACHMENT 5.7A]

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1. 246 ORAKEI ROAD, REMUERA

    That two planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to amend a proposal to develop a 42 unit apartment complex with underground basement parking at 246 Orakei Road, Remuera. The original proposal was granted consent, subject to conditions, in July 2007.

    CARRIED

    6.2. 52 BEACH PARADE, WAIHEKE ISLAND

    That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to construct a new residential dwelling at 52 Beach Parade, Waiheke Island.

    CARRIED

  7. Top MOUNT ALBERT AND AVONDALE SIGNAGE DISPENSATIONS

    That the sub-committee note that they will be receiving 16 dispensation reports for signage projects in Mt Albert, Pt Chevalier, Avondale and Owairaka.

    CARRIED

  8. Top APPOINTMENT OF COMMISSIONERS AND INDEPENDENT COMMISSIONER DECISIONS FOR 2006/2007

    That the summary of the appointment of commissioners and Independent Commissioner decisions for 2006/2007 be received.

    CARRIED

  9. 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

    Transpower: Auckland City - Henderson - Otahuhu Transmission Line - Environment Court Appeal - Utilities

    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, two appeals have been lodged with the Environment Court against the council's decision granting consent to Transpower to enable the operation of one live circuit of the Henderson - Otahuhu Transmission Line above the currently permitted operating capacity limit during a forced outage 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.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 4.18pm.