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MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE

HELD ON TUESDAY, 12 FEBRUARY 2008 AT 1:03 PM

PRESENT: Mr L Simmons Chairman
  Ms C Hawley  
  Mr C Stewart  

  1. Top APOLOGIES

    There were no apologies.

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 5 February 2008 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top SIGNS BYLAW APPLICATIONS

    There were no signs bylaw applications to consider.

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. 167 AVENUE ROAD EAST, OTAHUHU

    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, the adverse effects on character, landform, and run-off will be minor, and there will be no adverse dominance, shadowing and privacy effects, or effects on vegetation. Adverse run-off effects will be mitigated through appropriate sediment control measures
    •  written approval has been given by every person who may be adversely affected by the activity. No other persons are considered adversely affected by the proposal given the separation distance from the subject site to any other site.

    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 non-complying activity land use application by M S Girling to undertake alterations and additions to an existing building that:

    •  involves a 63mē addition to a building on a site within the Coastal Management Area
    •  involves 8m3 of earthworks on a site within the Coastal Management Area
    •  involves external alterations and additions to a building that fails to comply with the density requirements

    at 167 Avenue Road East, Otahuhu, described as LOT 6 DP 54684, CT 13D/69, 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, 104D and 108 (non-complying activity).

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    •  Clause 5B.4 (Coastal Objectives and Policies)
    •  Clause 5B.7.1 (Buildings and Structures in the Coastal Management Area)
    •  Clause 5B.7.3 (Earthworks in the Coastal Management Area)
    •  Clause 7.6.5 (Residential 5 Zone Objectives and Policies)
    •  Clause 7.7.1 (Activities in the Residential 1-7 Zones)

    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 entitled 'Resource Consent Application for Additional Buildings within the Coastal Management Area at 167 Avenue Road East, Otahuhu' prepared by David Timms of Churchill Timms Ltd, dated August 2007
    •  the correspondence entitled 'Re: Request for further information pursuant to section 92 and 92A of the Resource Management Act 1991 over 167 Avenue Road East, Otahuhu' from Lezel Beneke of Churchill Timms Ltd, dated 7 December 2007 and 9 January 2008
    •  the Planning Report entitled 'Section 93, 94 and 104 Reports for a Non-complying Activity Land Use Consent Application under the Resource Management Act 1991 at 167 Avenue Road East, Otahuhu' prepared by Shannah Leamy, dated 18 January 2008.

    Main Findings of Fact

    The main findings of fact are that:

    •  the non-complying status of the activity is a technicality triggered by the District Plan's density rule; however, the proposal does not increase the level of the existing density infringement and therefore the effects arising from the density infringement are not considered to increase beyond that of the existing environment
    •  the proposal will increase the usable floor area of Flat 2; however, this is not considered to increase the intensity of the site as the applicant has confirmed the additional floor space will comprise a double garage, storage space and a small sunroom
    •  the proposed level of earthworks will not adversely affect the landform of the site adjacent to the Coastal Marine Area, and adverse run-off effects will be mitigated through appropriate management
    •  the proposed addition does not require the removal of any vegetation, and the scale and form of the addition is not considered to adversely affect the character of the surrounding natural landscape.

    Reasons for the Decision

    The reasons for this non-complying activity consent follow.

    1. The granting of consent to the applicant's proposal will have no more than minor effects on the environment. In particular, the proposal will have minor character, landform and run-off effects. Additionally, written approval has been provided from the only persons considered to be adversely affected by the proposal.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for new buildings and earthworks in the Coastal Management Area.
    3. The imposition of the following conditions will ensure that the proposal is carried out in accordance with the approved plans, and, in particular, that adverse effects of silt and sediment run-off are avoided or mitigated.
    4. The applicant's proposal is not contrary to 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, including:
    •  the Assessment of Environmental Effects entitled 'Resource Consent Application for Additional Buildings within the Coastal Management Area at 167 Avenue Road East, Otahuhu' prepared by David Timms of Churchill Timms Ltd, dated August 2007
    •  the correspondence entitled 'Re: Request for further information pursuant to section 92 and 92A of the Resource Management Act 1991 over 167 Avenue Road East, Otahuhu' from Lezel Beneke of Churchill Timms Ltd, dated 7 December 2007 and 9 January 2008
    •  the plans drawn by Wayne Elliott & Associated entitled 'Proposed Addition at 167 Avenue Road East, Otahuhu' consisting of two sheets referenced 3032/3 Sheet 1 & Sheet 2, dated May 2007
    •  the plan drawn by Churchill Timms Ltd entitled 'Proposed Private Drainage Plan over Lot 6 DP 54684, 167 Avenue Road East, Otahuhu' referenced 7131-03A, and amended 28 November 2007

    and referenced by the Council as LUC20070547001.

    Monitoring

    1. The consent holder shall pay 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 $261.50 (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.

    Excavations and Earthworks

    1. 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. These measures shall remain in place until the completion of the development.

    Appearance

    1. In order to retain a residential appearance and character, the addition shall be paint finished in a colour scheme compatible with the existing dwelling and the surrounding coastal environment.

    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 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 applicant 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.
    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 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.
    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 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 Resource Consent Monitoring Leader (fax: 353-9186) 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.

    CARRIED

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1. 2/15 THE GLEN, REMUERA

    That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to remove a Norfolk Island tree at 2/15 The Glen, Remuera.

    CARRIED

  7. 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 1.08 pm.