RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 65-73 PARNELL RISE,
PARNELL
The item was deferred at the applicant's
request.
[ATTACHMENT 5.1A]
5.2. 160 COLLEGE ROAD, ST JOHNS (MOUNT
WELLINGTON QUARRY)
That the discretionary activity land use
application by Platypus Group Limited to construct 314 apartments in five
blocks, known as blocks 600, 601, 602, 603 and 604 at 160 College Road, St Johns
(Mount Wellington Quarry) be deferred to the meeting on 4 December 2007 for
further consideration by the Sub-Committee and for officers to develop further
potential proposed conditions of consent.
CARRIED
[ATTACHMENTS 5.2A AND 5.2B]
5.3. SHOP 3, 112 MAIN
HIGHWAY, ELLERSLIE
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, and
- 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 Real Taste Café to
legalise an existing café/restaurant activity (Turkish Kebabs) that involves a
shortfall of seven parking spaces where seven parking spaces are required at 112
Main Highway, Ellerslie, described as PT ALLOT 7 SEC 12 AUCKLAND SUBS, CT
1025/238, 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 provisions of the Resource Management Act
1991 were relevant in the assessment of this application:
- part II
- sections 104,
104B and 108
Relevant Plan Provisions
The relevant planning
documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and,
in particular, the following:
- Objectives
- 12.3.1 - Transportation (Efficiency/Environment)
- 12.3.2 - Transportation (Accessibility/Safety)
- 12.7.1 - Parking
- 12.7.2.2 - Parking (Existing Commercial Centres)
and their associated
policies
- Rules
- 12.8.1.1 and 12.9.1.1 - Rule: Discretionary Activities
(Parking)
- Assessment Criteria
- 12.9.1.2(c) - Criteria for Assessing Discretionary
Activities (Transportation).
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, the council has considered the
following information:
- planning
report entitled "Resource Consent Application - Streamlined Process",
prepared by Steven Dietsch ("the agent"), dated 10 October 2007
- supporting
information including photos, planning maps and schedule
- copy of
historical building permit (council reference BLD34463287) No. 1959, dated May
14 1970, site plan, dated March 1970 and floor plan, dated March 1970
- planning
report (streamlined process), prepared by the council's Planning Officer, Mahlon
Fautua, dated 19 November 2007.
Main Findings of Fact
The main findings of fact
are that:
- the existing
building and commercial activity has existed on the subject site since at least
1970
-
there are no
recorded complaints relating to specific land use matters such as parking and
noise associated with the activity and any effects that may arise from its
operation
-
the nature and
size of the site means that compliance with the required parking on the site is
not feasible. Furthermore, in the context of the Ellerslie town centre,
commuters are expected to utilise on street and other parking sites in the
vicinity
-
there are many
alternative methods of transport available to the site, such as public
transport.
Reasons for the Decision
The reasons for this
discretionary activity consent follow.
(a) In terms of
section 104(1)(a) of the Act, there will be no actual and potential effects on
the environment of allowing the activity.
(b) There are
adequate public car parking facilities within the local environment that cater
for the needs of this activity.
(c) Given the length
of time that the activity has been present in the local environment, the
proposal will not increase the potential impacts to any further degree.
(d) In terms of
section 104(1)(b) of the Act, the proposal is consistent with the relevant
objectives and policies of the Auckland City Operative District Plan - Isthmus
Section. Specifically, the proposal is consistent with the relevant objectives
and polices relating to transportation and parking.
(e) In terms of
section 104(1)(c) of the Act, all other matters, that are relevant in
determining the application have been taken into account.
Conditions Of Consent
Pursuant to section 108 of the Resource Management Act
1991, this consent is subject to the conditions that follow.
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 planning report entitled
"Resource Consent Application - Streamlined Process", prepared by Steven Dietsch
dated 10 October 2007, and referenced by the council as LUC20070716201.
ADVICE NOTES
- The applicant
needs to ensure all signage complies or has the necessary dispensations with
Part 27 (Signs) of the council's Consolidated Bylaw.
- The applicant
needs to obtain all other necessary consents and permits, including those under
the Building Act 2004, and comply with all other relevant Council Bylaws. It is
further noted that this consent does not constitute building consent approval or
signage dispensation. 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 the 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.
- 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 the council
within 15 working days of notification of the decision. The 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.
CARRIED
APPOINTMENT OF
COMMISSIONERS
6.1. 2-4 ST ALBANS
AVENUE, MOUNT EDEN
That three planning commissioners from the 'pool' of
planning commissioners be appointed to hear and determine an application to
construct a commercial development comprising of 1158m˛ of office space, 423m˛
of retail space, 200m˛ café/restaurant space and 20m˛ of storage space,
supported by 70 car parking spaces at 2-4 St Albans Avenue, Mount Eden.
CARRIED
6.2. 1 WAPITI AVENUE, 114, 116 AND 130
MARKET ROAD, EPSOM
That three planning commissioners from the 'pool' of
planning commissioners be appointed to hear and determine an application to
construct a music and drama block and carry out modifications to the existing
car parking area at 1 Wapiti Avenue, 114, 116 and 130 Market Road, Epsom.
CARRIED
6.3. 210 GREEN LANE WEST, GREENLANE (GREENLANE
HOSPITAL)
That two planning commissioners from the 'pool' of
planning commissioners be appointed to hear and determine an application to
demolish a building scheduled under Plan Modification 217, and within the site
surrounds of the scheduled Costley Block, at 210 Green Lane West, Greenlane.
CARRIED
