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MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE

HELD ON TUESDAY, 5 FEBRUARY 2008 AT 1:00 PM
ADJOURNED AT 2.58 PM AND RECONVENED AT 3.08 PM

PRESENT: Mr L Simmons Chairman
  Ms C Hawley  

  1. Top APOLOGIES

    That the apology from Mr C Stewart be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 22 January 2008 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. 289 ROSEBANK ROAD, AVONDALE

    That the application by APN Outdoor Limited for a dispensation under Clause 27.B.4.4 of Part 27B of the Auckland City Council Consolidated Bylaw (Billboards) to legalise an existing freestanding illuminated billboard measuring 3m high x 12m long and situated 3m above ground level, and, in particular, the following clauses:

    • Clause 27B.1.3(c)(iii) - Permitting more than two free standing signs or billboards on a frontage of less than 80m
    • Clause 27B.1.3(i) - Permitting the erection of a billboard within 30m of a residential zone

    at 289 Rosebank Road, Avondale, described as Lot 1 DP 67511, CT 23A/1252, be refused dispensation for the following reasons:

    1. the billboard is contrary to the objectives of the Bylaw as the size and height of the billboard is not sympathetic to this environment, which is a transition between business and residential activities
    2. the billboard is contrary to the objectives of the Bylaw as the structure and billboard add to the visual clutter of Rosebank Road and dominance of the local environment by signage. The billboard is of a much larger size than any other sign found in the locality
    3. the billboard is contrary to the assessment criteria of the Bylaw as the height and size of the billboard do not integrate into this environment, but rather dominate the streetscape given the freestanding nature of the billboard and the absence of buildings of similar size or other suitable backdrops to the billboard
    4. the billboard is contrary to the assessment criteria of the Bylaw as the billboard dominates the views of residential properties located opposite the site
    5. refusal of the application will not be injurious to the applicant and such a decision will result in significant public benefit in improving visual amenity along this section of Rosebank Road
    6. the billboard is also contrary to the policies and objectives of the Business 5 zone as the billboard is located on an interfaced site between the Business 5 zone and the Residential 6a zone where it will adversely affect the residential amenity of the adjacent residential properties.

    ADVICE NOTE

    1. That the existing billboard shall be removed within 20 working days from the date of this decision.

    CARRIED

    [ATTACHMENT 4.1A]

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. 1 NUGENT STREET, GRAFTON

    That the restricted discretionary activity land use application and application for a dispensation under Part 27 (Clause 27.2.4.4) of the Auckland City Council Consolidated Bylaw (Signs) by Konica Minolta Limited for the construction of a free standing sign at 1 Nugent Street, Grafton, be deferred for clarification on issues raised by the applicant relating to processing the application under two statutes.

    CARRIED

    [ATTACHMENTS 5.1A AND 5.1B]

    5.2. 330A AND 330B NEW NORTH ROAD, EDEN TERRACE

    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 minor. In particular, streetscape and visual amenity effects are considered nil and traffic and parking and privacy effects are considered minor because of the provision of frosted windows, the activity being contained entirely within the subject building, sufficient off-street car parks provided and the ability of the road network to accommodate the anticipated traffic generation of the proposal
    • there are no persons considered to be adversely affected by the activity as mitigation is provided by the availability of car parks on surrounding sites, the ability of the road network to accommodate anticipated traffic generation from the proposal, frosted windows, and the activity being contained within the subject building.

    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 New North Services Limited to establish an entertainment facility that:

    • involves locating the following required car parks on sites other than the subject site:
    • eight car parks at 343 New North Road
    • eight car parks at 333 New North Road
    • 30 car parks at 14 Boston Road
    • involves no provision for a loading space
    • involves a car parking shortfall of 16 car spaces between the hours of 6.00am and 6.30pm
    • is unable to achieve satisfactory on-site reverse manoeuvring for all seven car parks on site
    • is unable to achieve satisfactory depth, and manoeuvring space for car parks numbered 5, 6 and 7 on the application plans, and unable to achieve satisfactory manoeuvring space for car parks numbered 1, 2, 3 and 4 on the application plans

    at 330A New North Road, Eden Terrace, described as LOT 2 DP 191962, CT 122A/142, 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:

    • 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 4.3.1.2B (Development Control Modification)
    • Clauses 12.9.1.1, 12.8.1.1, 12.8.1.2, 12.8.1.3 and Clause 12.8.2.3
    • Objectives contained within Clauses 8.3 and 12.7.1

    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 specialists' reports and information:

    • the Assessment of Effects prepared by Emma Morris of Resource Management Solutions, dated 27 November 2007
    • the report prepared by Kevin de Leeuw of T² - Traffic and Transportation Engineers Ltd, entitled '330 New North Road', dated 26 November 2007
    • the letter by Nicholas Fuller of Beca Infrastructure Ltd entitled '330A New North Road: Traffic Peer Review Application No. - LUC20070842501', dated 12 December 2007
    • the letter by Nicholas Fuller of Beca Infrastructure Ltd entitled '330A New North Road: Traffic Peer Review Application No. - LUC20070842501', dated 23 January 2008
    • the letter from Emma Morris, undated
    • the letter from Emma Morris, dated 30 January 2008
    • the letters from VRG 2006 Limited, dated 20 November 2007, Magnum Automotive Limited, dated 29 October 2007 and Mike Tee Car Painters Limited, dated 29 October 2007 regarding After Hours Use of Customer Car Parks
    • the report prepared by Cindy Weir, the Council's Resource Consent Planner entitled 'Report for a discretionary land use consent application under the Resource Management Act 1991 at 330A New North Road, Eden Terrace (Streamline Process Report)'.

    Main Findings of Fact

    The main findings of fact are that:

    • the proposed use as an entertainment facility is listed as a permitted activity in the Mixed Use zone
    • the anticipated traffic generation will not compromise the capacity, safety and operation of the surrounding road network
    • the proposed facility will utilise existing infrastructure within the subject site, namely the subject building and associated parking areas
    • there are sufficient car parking spaces provided on site and on nearby sites to meet the anticipated parking demand, particularly during the peak business hours.

    Reasons for the Decision

    The reasons for this discretionary activity consent follow.

    1. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, the proposal will have minor traffic and parking, and privacy effects.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, those criteria relating to car parking and loading space shortfalls, dimensions, manoeuvring and location of car parks.
    3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are no more than minor, and, in particular, that the proposal will be carried out in accordance with the plans and supporting information submitted (including travel management plans and lease agreements to be submitted prior to the operation of the entertainment facility).
    4. The applicant's 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 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:

    Application Plans by PS Architecture entitled '330A and 330B New North Road, Auckland' and labelled:

    • Site Plan, Drawing Number A01, dated 22/10/07
    • Proposed New Ground Floor Plan, Drawing Number A04, dated 22/10/07
    • Proposed New First Floor Plan, Drawing Number A05, dated 22/10/07
    • Plumbing Schematic, Drawing Number A06, dated 22/10/07.

    referenced by the Council as LUC20070842501.

    Monitoring

    1. The consent holder shall pay the Council a consent compliance monitoring charge of $542.75 (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 $542.75 (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.

    Intensity

    1. The consent holder shall ensure that no more than 100 persons are present within the subject building at any one time.

    Car Parking

    1. Prior to the establishment and operation of the entertainment facility the consent holder shall enter into a formal lease agreement with the owner(s) and occupiers of:
    • 14 Boston Road - 30 car parks
    • 343 New North Road - 8 car parks
    • 333 New North Road - 8 car parks

    confirming that parking for the above number of vehicles at each site to minimum dimensions of Part 12 of the Auckland City Operative District Plan 1999 (Isthmus) is available on each site for the use of the consent holder exclusively during the following hours of operation of the activity:

    • 14 Boston Road - 30 car parks, available 24 hours, seven days a week
    • 343 New North Road - 8 car parks, available from 6:30pm to 6:00am, Monday to Saturday and all day Sunday
    • 333 New North Road - 8 car parks, available from 6:30pm to 6:00am, Monday to Saturday and all day Sunday

    Such an agreement shall be prepared by the consent holder at his/her expense and submitted to the Council (Resource Consents Monitoring Leader), for approval prior to the operation of the entertainment facility. All costs in relation to the Council granting their approval shall be met by the consent holder.

    1. A copy of the lease agreement for each of the three sites listed in condition (4) (or alternative sites which also meet the requirements of Condition (4) and which shall be to the satisfaction of the Council's Resource Consent Monitoring Leader) shall be provided to the Council (Resource Consents Monitoring Leader), for approval on a two yearly basis, or other period based on the length of the lease.
    2. Thirty (30) off-street car parks located at 14 Boston Road shall be for the exclusive use by staff associated with the entertainment facility. Sixteen (16) other off-street parks located within 343 and 333 New North Road (eight at each) shall be for the exclusive use by patrons of the facility.
    3. Pursuant to section 128 of the Resource Management Act 1991, the Council may review the need for the number of car parking spaces required and the intensity of use under Conditions (3), (4), (5) and (6) at 12 monthly intervals from the date of this consent for a five year period to determine the adequate car parking needs of the activity. Should this review establish a lower car parking need, the consent holder shall be entitled to make alternative arrangements for car parking to meet the actual level of demand of the activity. Alternatively, should the review of these conditions result in the need for further car parking spaces, the consent holder will have the option to either secure further car parking spaces or reduce the intensity of the activity.

    Traffic

    1. Prior to the establishment and operation of the entertainment facility the consent holder shall provide to the Council, to the satisfaction of the Resource Consents Monitoring Leader, a travel management plan that sets out the proposed method of shuttling staff between the site and the proposed off-site car parks as outlined in the traffic report prepared by Kevin de Leeuw of T² - Traffic and Transportation Engineers Ltd, entitled '330 New North Road', dated 26 November 2007. Evidence that the measures outlined in the travel management plan are being implemented must be provided to the Council (Resource Consents Monitoring Leader) annually until such time as the proposed operation at the site ceases, or the Council's Resource Consents Monitoring Leader determines that the submission of the travel management plan is no longer necessary.

    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.
    1. 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 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.
    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 the 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.
    1. 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 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 will not commence until any objection or appeal has been withdrawn or decided.
    2. The consent holder is advised that the written approval of the Council's Transport Strategy Group may be required for any works within the front of the site subject to the building line restriction (D06-07).
    3. The consent holder shall be advised that compliance with the District Plan Noise Standards is required at all times.

    CARRIED

    5.3. 25 HARLSTON ROAD, MOUNT ALBERT

    That the application to construct a one storey dwelling at the rear of 25 Harlston Road, Mount Albert and carry out a two lot freehold subdivision of the subject site be deferred at the officer's request.

    CARRIED

    5.4. 142, 144, 150, 152, 154, 156, 158, 160, 162, 164, 166, 168 ARANUI ROAD, MOUNT WELLINGTON

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Housing New Zealand Limited to construct 20 additional dwellings and relocate three existing dwellings requiring resource consent for:

    • the establishment of an integrated housing development
    • earthworks over an area of 2210m2 with a slope exceeding 5%
    • the provision of 23 stacked parking spaces
    • the provision of seven secondary parking spaces with a longitudinal gradient of between 1:12.5 and 1:18
    • the provision of four two bedroom units with a floor area, excluding the garage, of 67m2;
    • an infringement of the front yard setback control by 0.5 of a metre with regard to existing house 1
    • an infringement of the front yard landscaping control by 10.7% along the western frontage of Aranui Road and by 4.5 % along the eastern frontage of Aranui Road
    • an infringement of the 2m+55º building in relation to street boundary control with regard to existing house 1, house 1, and house 4
    • an infringement of the 2m+45º building in relation to eastern boundary control with regard to house 4
    • an infringement of the 2m+35º building in relation to southern boundary control with regard to house 20

    at 142, 144, 150, 152, 154, 156, 158, 160, 162, 164, 166, 168 Aranui Road, Mount Wellington, described as Lot 1 DP196015 CT125A/97, Lot 2 DP196015 CT125A/98, Lot 3 DP196015 CT125A/99, Lot 4 DP196015 CT125A/100, Lot 5 DP196015 CT125A/101, Lot 6, DP196015 CT125A/102, Lot 7 DP196015 CT125A/103, Lot 8 DP196015 CT125A/104, Lot 32 DP137478 CT81C/505, Lot 1 DP132138 CT108D/191 Lot 2 DP132138 CT108D/192, Lot 3, DP132138, CT108D/193, Lot 26, DP137478 (access lot), 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:

    • 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 7.3.1, 7.3.3 (Residential Zones) and 7.6.6.1 (Residential 6 Zone)
    • Clause 7.7.3.1 (Assessment criteria - Integrated Housing Developments)
    • Clause 7.7.4.2 (Assessment criteria - General Criteria for Assessing Discretionary Activities)
    • Clause 6.2.10.5 (Assessment Criteria - Crime Prevention through Environmental Design)
    • Appendix 10 (Residential Design Guide)
    • Clause 4.3.1.2B (Development Control Modification),
    • Clause 12.9.1.2(d) (Stacked Parking Assessment Criteria)
    • Clause 4A.2.B (Earthworks Assessment Criteria)

    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 specialists' reports:

    • the Assessment of Effects prepared by Campbell Jensen of Boffa Miskell, dated December 2006 and entitled "Innovative Housing Development, 140, 142 150 - 168 Aranui Road, Mt Wellington - Resource Consent Application and Assessment of Environmental Effects"
    • "Landscape and Visual Effects Assessment of Aranui Road Housing Development" prepared by Boffa Miskell Ltd, dated 30 November 2006
    • traffic impact assessment entitled "Housing New Zealand Aranui Road Development, Transportation Assessment" prepared by Manesha Fakir of Traffic Design Group, dated 22 November 2006
    •  noise assessment entitled "Aranui Road HNZC Residential Development Noise Assessment" report number 2006367A RP01 R01 prepared by Fiona Parr of Marshall Day Acoustics and dated 1 November 2006
    •  geotechnical report entitled "Proposed Building Development at Aranui Road, Mt Wellington, Geotechnical Investigation Report" Project 60115, dated August 2006 prepared by M V Reed Geotechnical Engineer for Fraser Thomas
    •  letter to Raymond Koay from Tony J Smith Fraser Thomas, dated 6 July 2007 with attached report referenced 22492, and entitled "Resource Consent Application Housing New Zealand Development at Aranui Road, Mt Wellington".
    •  letter to Scott Parkinson, Planning Officer from Campbell Jensen, Senior Environmental Planner, Boffa Miskell, dated 6 June 2007 and entitled "Re: Resource Consent Application at 142 Aranui Road, Mount Wellington 1006; Consent Number LUC20070205501 - Request for Further Information Pursuant to Section 92 and 92A of the Resource Management Act 1991"
    •  letter to Scott Parkinson, Planning Officer from Campbell Jensen, Senior Environmental Planner, Boffa Miskell, dated 19 July 2007 and entitled "Re: Resource Consent Application at 142 Aranui Road, Mount Wellington 1006; Consent Number LUC20070205501 - Request for Further Information Pursuant to Section 92 and 92A of the Resource Management Act 1991"
    •  letter to Scott Parkinson, Planning Officer from Campbell Jensen, Senior Environmental Planner, Boffa Miskell, dated 15 May 2007 and entitled "Re: Resource Consent Application at 142 Aranui Road, Mount Wellington 1006; Consent Number LUC20070205501 - Request for Further Information Pursuant to Section 92 and 92A of the Resource Management Act 1991"
    •  letter to Raymond Koay from Gordon D Cuthbert for Fraser Thomas Ltd, dated 7 May 2007 and entitled "Section 92 and 92A - 142 Aranui Road, Mt Wellington Consent Number LUC20070205501"
    •  letter to Mr S Parkinson from Mike Nixon of Traffic Design Group Ltd, dated 18 July 2007 (ref. 8608/2) entitled "Aranui Road, Mt Wellington - Request for Further Information ACC Ref LUC20070205501 Engineering Response"
    •  letter to Raymond Koay from John Seward, Senior Geotechnical Engineer of GHD, dated 30 October 2007 and titled "142 Aranui Road Mt Wellington, LUC20070205501"
    •  letter to Scott Parkinson from Nicholas Fuller, Senior Traffic Engineer for Beca Infrastructure Ltd, dated 12 June 2007 headed "Housing New Zealand TIA Review: 142 Aranui Road"
    •  letter to Scott Parkinson from Nicholas Fuller, Senior Traffic Engineer for Beca Infrastructure Ltd, dated 8 November 2007, headed "142 Aranui Road: Response to TDG"
    •  memo to Scott Parkinson (Planner) from Raymond Koay (Development Engineer), dated 11 December 2007
    •  memo to Scott Parkinson (Planner) from Raymond Koay (Development Engineer), dated 26 November 2007
    •  memo to Scott Parkinson prepared by Robert Lipka, Senior Urban Designer entitled "Request for Urban Design Comments 142 - 168 aranui Road, Mt Wellington - LUC20070205501 and dated 29 August 2007"
    •  email from Gordon Cuthbert to Matthew Gray, dated 18 September 2007 entitled "142 Aranui Road, Mt Wellington".

    Main Findings of Fact

    The main findings of fact are that:

    •  the proposed integrated housing development is designed in a manner consistent with the expectations of the District Plan in terms of providing for residential growth while enhancing the amenity of the neighbourhood
    •  the effects of the proposal with regard to the development control modifications associated with the proposal will be minimal given the express explanation of each of the controls
    •  adequate parking is provided for the development both in terms of the number of parking spaces and with regard to the formation of the spaces
    •  taking into account the improvements and mitigation measures proposed, there is adequate infrastructure to cater for the 23 units.

    Reasons for the Decision

    The reasons for this discretionary activity consent follow.

    1. The granting of consent to the applicant's proposal will have a positive effect on the environment with regard to the residential amenity of the neighbourhood, and will assist with regard to supplying the need for greater housing within the city. Adverse effects will, by and large, be limited to the effects from construction works, which are temporary and can be mitigated.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, those criteria relating to integrated housing developments, development control modifications, stacked parking, and earthworks.
    3. The imposition of the following conditions will ensure that adverse effects are avoided and residential amenity is maintained. In particular, the conditions relating to urban design will ensure the integrated housing development delivers the qualities anticipated by the District Plan with regard to residential amenity. The conditions relating to infrastructure will ensure adequate servicing s provided, and the conditions on construction works will minimise associated effects.
    4. The applicant's 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 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:
    •  A.01.03 Proposed Site Plan
    •  A.01.04 Proposed Landscape Plan
    •  A.01.05 Coverage Calculations
    •  A.01.06 Section and Elevation Key Plan
    •  A.02.01 Two Bedroom House
    •  A.02.02 Three Bedroom House
    • A.02.03 Four Bedroom House
    • A.02.04 Four Bedroom House Accessible
    • A.02.05 Five Bedroom House
    • A.02.06 Six Bedroom House
    • A.02.07 House Perspectives
    • A.03.01 Site Sections
    • A.03.02 Site Sections
    • A.04.01 Height to Boundary Sections

    all dated 12/12/06 and referenced by the Council as LUC20070205501.

    Monitoring

    1. (2) The consent holder shall pay the Council a consent compliance monitoring charge of $1,500 (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 $1500 (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 works

    1. Prior to commencement of any works on the site, the consent holder shall provide to the Council's Resource Consent Monitoring Leader, a "Site Management Plan" that shall include specific details relating to the construction and management of all excavation works associated with this development, and include if required:
    1. details of the site manager, including their contact details (phone, facsimile, postal address). A telephone number for after-hours emergencies shall also be supplied
    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. the site address to which the consent relates
    4. any means, such as a restriction on the size of construction vehicles and machinery accessing the site, required to ensure that no damage occurs to trees on site or adjacent to the site, throughout the construction period
    5. any means of protection of services such as pipes and water mains within the legal road
    6. 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
    7. location of workers conveniences (e.g. portaloos)
    8. ingress and egress to and from the site for vehicles during site works period
    9. any restrictions to vehicle access to the site
    10. procedures for controlling sediment run off, dust and the removal of soil, debris and construction materials from public roads or places (including identifying the location of wheel wash facilities)
    11. proposed hours of work on the site (within the limits specified by the District Plan)
    12. location of vehicle and construction machinery access during the period of site works
    13. the final construction methodology, including equipment to be used and estimated noise levels
    14. the regime for noise monitoring for the duration of the works likely to approach or exceed the relevant noise limits
    15. specific noise mitigation measures, (such as, but not limited to, screening or alternative equipment etc.), where noise levels are predicted or demonstrated to approach or exceed the relevant limits
    16. a procedure for the receipt and management of complaints regarding noise generated by the works. The procedures should specify the person(s) responsible for maintaining a complaints register as well as the standard procedure to be followed to resolve the complaints, and how this will be reported to the Council
    17. a list of person(s) and their contact details on the site that are responsible for overseeing the works, monitoring and complaint receipt and responses

    The approved Site Management Plan shall be implemented and maintained throughout the entire period of the works.

    1. All construction noise shall be assessed in accordance with the provisions of New Zealand Standard NZS6803P:1984 Measurement and Assessment of Noise from Construction, Demolition and Maintenance Work, and shall comply with the limits in Tables 1 & 2 therein, including the 5 decibel reduction provided for in Clause 6.1.2 of that standard.
    2. 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 Regional Council's Technical Publication 90 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. These measures shall remain in place until the completion of the development.
    3. 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 section 1.8 "Stabilised Construction Entrances" Auckland Regional Council technical publication No 90.
    4. On completion of the earthworks the consent holder shall submit the following reports to the satisfaction of the Council (Resource Consent Monitoring Leader in consultation with the Council's Development Engineer):
    1. a certified earthworks completion report including "as built" plans showing all cut and fill areas, and
    2. a geotechnical certificate prepared by a chartered/registered engineer certifying that the earthworks have been carried out in accordance with:
    •  the geotechnical report entitled "Proposed Building Development at Aranui Road, Mt Wellington, Geotechnical Investigation Report" Project 60115 dated August 2006 prepared by M V Reed Geotechnical Engineer for Fraser Thomas
    •  the letter to Raymond Koay from Gordon D Cuthbert for Fraser Thomas Ltd, dated 7 May 2007 and entitled "Section 92 and 92A - 142 Aranui Road, Mt Wellington Consent Number LUC20070205501"
    •  the letter to Raymond Koay from John Seward, Senior Geotechnical Engineer of GHD, dated 30 October 2007 and entitled "142 Aranui Road Mt Wellington, LUC20070205501"
    •  the letter to Raymond Koay from Tony J Smith Fraser Thomas, dated 6 July 2007 with attached report referenced 22492, and entitled "Resource Consent Application Housing New Zealand Development at Aranui Road, Mt Wellington".

    Infrastructure and traffic

    1. All the necessary pipes and ancillary equipment are to be supplied and laid to extend the public stormwater system to serve the proposed development. The applicant is to provide design details of the proposed system including connection details at the outlet structures. An Engineering Plan Approval application including detailed engineering plans and calculations for construction for this work shall be submitted and approved prior to the works commencing.
    2. All the necessary pipes and ancillary equipment shall be supplied and laid to provide individual stormwater private connections to each of the proposed houses 1 to 21 including the existing buildings 1 - 3 so as to connect these houses to the extensions of the public stormwater system via stormwater planters.
    3. All the necessary pipes and ancillary equipment shall be supplied and laid to extend the public wastewater system from the proposed public wastewater manhole located on the existing public wastewater line at house 4 to serve the proposed development. An Engineering Plan Approval application including detailed engineering plans and calculations for construction for this work shall be submitted and approved prior to the works commencing.
    4. All the necessary pipes and ancillary equipment shall be supplied and laid to provide new individual wastewater private connections to the existing building 1 and the proposed houses 1 - 21 so as to connect them to the extension of public wastewater system. All existing private wastewater pipes from the site are to be abandoned and removed. A Building Consent will be required for this work..
    5. All necessary pipes and ancillary equipment are to be supplied and laid to provide individual wastewater private connections to existing buildings 2 and 3 and to connect them to the existing public wastewater system via individual private pump systems if gravity is insufficient. A Building Consent will be required for this work.
    6. An extension of the public water main including a fire hydrant shall be provided at the road boundary within the development. An engineering plan approval application including detailed engineering plans and calculations for construction shall be submitted and approved prior to construction works commencing.
    7. The shared access shall be provided with stormwater catchpits and/or slot drains within the boundaries of the access lot, and where necessary, the provision of kerbing or similar to prevent water flowing on to other property (including the footpath), and shall be to the satisfaction of the Council's Resource Consents Monitoring Leader.
      If upgrades are necessary, an engineering application including detailed engineering plans and calculations for construction of the access is required to be submitted and approved prior to the works commencing.
    8. The redundant vehicle crossing shall be reinstated to footpath, kerb and berm to the satisfaction of the Council's Resource Consent Monitoring Leader.
    9. Prior to the issuing of any Code of Compliance Certificate for Construction, and unless superseded by a consent notice condition of any subsequent subdivision consent, the consent holder and registered proprietor of Lot 1 DP196015 CT125A/97, Lot 2 DP196015 CT125A/98, Lot 3 DP196015 CT125A/99, Lot 4 DP196015 CT125A/100, Lot 5 DP196015 CT125A/101, Lot 6, DP196015 CT125A/102, Lot 7 DP196015 CT125A/103, Lot 8 DP196015 CT125A/104, Lot 32 DP137478 CT81C/505, Lot 1 DP132138 CT108D/191 Lot 2 DP132138 CT108D/192, Lot 3, DP132138, CT108D/193 shall enter into a Section 108 Resource Management Act 1991 Covenant in favour of Auckland City.

    The Covenant shall:

    • state that:

    Stormwater runoff from the site is disposed of to the public stormwater system via stormwater planters. The on-going operation and maintenance of the stormwater planters are the responsibility of the consent holder; and

    With regard to existing buildings 2 and 3, private wastewater pump stations are required to achieve disposal of wastewater, as the public wastewater system is at such a level that gravity connections are not possible. The on-going operation and maintenance of the wastewater pumps are the responsibility of the consent holder.

    •  be drafted and/or approved by the Council's nominated Solicitor at the consent holder's cost; and
    •  be registered at the consent holder's cost on the certificate(s) of title to the affected land

    The consent holder shall be responsible directly to the Council's solicitor for all legal fees, disbursements and other expenses incurred by the Council's 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 Council's Resource Consent Monitoring Leader for preparation/approval of the covenant.

    If it is found that a gravity connection for wastewater with regard to either existing buildings 2 and 3 is possible, the second condition of the covenant will not be applicable to that particular building.

    Urban Design

    1. The consent holder shall provide a detailed landscaping plan, based on plan A.01.04 "Proposed Landscape Plan", to the Resource Consent Monitoring Leader for approval prior to the start of construction. This shall specify the proposed location, species, sizes (including heights and Pb size) that are intended to be provided, as well as outlining an ongoing maintenance plan.
    2. The consent holder shall provide a final set of plans indicating existing and proposed servicing for the building (ie. vents, transformers, water meters, electric meters, etc.) to the Council's Resource Consent Monitoring Leader for approval prior to the start of construction.
    3. The consent holder shall provide a lighting plan to the Council's Resource Consent Monitoring Leader for approval prior to the start of construction (this information could be included on the landscaping plan).
    4. The consent holder shall ensure that the footpath material be maintained over the private crescent outside units 7 and 16 to promote pedestrian priority in these areas to the satisfaction of the Council's Resource Consent Monitoring Leader.
    5. The consent holder shall ensure that all footpaths throughout the development remain consistent in level and materiality over all driveway crossings in order to promote pedestrian priority in these areas to the satisfaction of the Council's Resource Consent Monitoring Leader.
    6. The ongoing maintenance and care of the entire site, particularly within all common areas, shall be the ongoing responsibility of the consent holder. The site shall be kept in a tidy manner to maintain residential amenity to the satisfaction of the Council's Resource Consent Monitoring Leader.
    7. With regard to the four street trees, if the approval of the Council's Manager, Transport and Roading Services cannot be obtained (see advice note 9), the consent holder shall demarcate an alternative position on the landscape plan required by condition (17) above.
    8. The following internal noise levels within residential units will be required in all bedrooms:
    1. 10.00 pm - 7.00 am, no more than 35dBA (L10)

  6. Top00 am - 10.00 pm, no more than 45dBA (L10)

    in all other habitable rooms, no more than 45dBA (L10)

    This is based on the noise level at the boundary of the site being 65dBA (L10)

    1. at the same time, and under the same physical conditions as the internal noise levels in (i) above, all bedrooms and other habitable rooms shall be adequately ventilated in accordance with the Building Code.

    After the completion of the construction of the building, the consent holder shall submit a report to the satisfaction of the Council's Resource Consent Monitoring Leader, which is signed by a suitably qualified engineer, and which certifies that the building has been built in compliance with the noise and ventilation rules in (i) and (ii) above.

    1. In assessing compliance with the ventilation requirements of the Building Code for the purposes of part (ii) of this rule above, no source or means of ventilation shall be taken into account unless it is available at all times while achieving the internal noise levels required under part (i) of this rule. For example, adjustable doors, windows or louvres may not be relied upon to meet the ventilation requirements of the Building Code if they can be adjusted to allow internal noise levels to exceed those specified in part (i) of this rule, above.
    2. Any report signed by an engineer in accordance with part (ii) of this rule above, shall not necessarily be deemed to be a producer statement or building certificate under the Building Act 1991, or relied upon by the Council for the purposes of that Act.
    3. The noise shall be measured with a sound level meter complying at least with the International Standard IEC 651 (1979): Sound Level Meter Type 1.

    ADVICE NOTES

    1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five 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.
    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. 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 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.
    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 the 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.
    1. Development may involve building over or near a council public stormwater drain. A video of the this drain is to be provided to Auckland City Council's Development Engineering team before any building consent will be issued for a building over the drain. Approval to build over the drain may not necessarily be given or specific foundation bridging may be required.
    2. Drainage easements will need to be created and granted or reserved over any private wastewater and stormwater drains traversing lots other than those being served or certificates pursuant to Section 461 of the Local Government Act must be registered against the appropriate certificates of title. A section 461 Certificate will not be required until the section 224 (c) stage.
    3. All public watermains located within private land are required to be protected by an easement in favour of Auckland City Council, Metro Water and the New Zealand Fire Service. This easement shall ensure ongoing 24hr, seven day unrestricted access for operation, fire fighting and maintenance.
    4. 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 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 will not commence until any objection or appeal has been withdrawn or decided.
    5. The planting of the trees within the Council's legal road will require the approval of the Manager, Transport and Roading Services.
    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 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.

    CARRIED

    [ATTACHMENT 5.4A]

  7. Top APPOINTMENT OF COMMISSIONERS

    6.1. 12 WINSOMERE CRESCENT, WESTMERE

    That two planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to make additions and alterations to the existing dwelling and the construction of a new garage at 12 Winsomere Crescent, Westmere.

    CARRIED

    6.2. 24 ABBOTTS WAY, REMUERA

    That one planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to remove one Melia Tree at 24 Abbotts Way, Remuera.

    CARRIED

    6.3. 274A REMUERA ROAD, REMUERA

    That one planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to remove one Ginkgo tree at 274A Remuera Road, Remuera.

    CARRIED

    6.4. 13 AKIRAHO STREET, MOUNT EDEN

    That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to construct two apartment blocks comprising 42 residential units and two commercial tenancies at 13 Akiraho Street, Mount Eden.

    CARRIED

    6.5. 48 MOUNT SMART ROAD, ONEHUNGA

    That two planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to remove two church buildings at 48 Mount Smart Road, Onehunga and replace them with an extension from the main church building to provide upgraded facilities to a place of assembly.  

    CARRIED

    6.6. 573 MOUNT EDEN ROAD (ALSO 2C WOODSIDE ROAD), MOUNT EDEN

    That two planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to construct six residential units within two adjacent sites at 573 Mount Eden Road and 2C Woodside Road, Mount Eden.

    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

    There being no further business the Chairman declared the meeting closed at 3.22 pm.