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MINUTES OF A MEETING OF THE PLANNING AND FIXTURES SUB-COMMITTEE

HELD ON TUESDAY, 19 FEBRUARY 2008 AT 1:00 PM

PRESENT: Mr C Stewart Chairman
  Ms C Hawley  

  1. Top APOLOGIES

    1. That apologies from Mr L Simmons be accepted.
    2. That Mr C Stewart take the Chair for the meeting.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 12 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

    4.1. 37-69 WELLESLEY STREET EAST, AUCKLAND CENTRAL

    That this application for a dispensation under Part 27 (Clause 27.2.4.4) of the Auckland City Council Consolidated Bylaw (Signs) by the Auckland University of Technology to install two new signs at the School of Arts and Design building at 37-69 Wellesley Street East, being Sign 1 located above the entranceway to the building, and Sign 2 located on the glass of the entranceway to the building, as shown on the application plans and as described in the information submitted with the application prepared by Opus International Consultants Ltd on behalf of the applicant, be approved for the following reasons:

    1. the scale, design and location of the signs is considered appropriate to the architectural style of the building and the locality. The signs will not detract from the visual amenity of the building and surrounding environment
    2. the proposed signs will not adversely affect traffic or pedestrian safety in the locality
    3. the degree of non-compliance with the requirements of the Bylaw is minor. The approval of the proposal is considered to be reasonable and consistent with the objectives of the Bylaw.

    Conditions

    The proposal is approved subject to the conditions that follow.

    1. The proposal shall take place in accordance with all information submitted with the application and the plans prepared by RTA Studio and Sign Craftsmen, referenced by the Council as LUC20070857901.
    2. The approved signs shall be erected within six months of the date of this consent, otherwise the consent shall lapse.

    ADVICE NOTE

    1. 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.

    CARRIED

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. 22 HILLSIDE CRESCENT SOUTH, MOUNT EDEN

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

    • there will be minor adverse effects on the environment from the activity for which consent is sought.

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

    • 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 R & L Partridge that:

    • involves external additions and alterations to an existing dwelling on a site zoned Residential 3a and subject to Proposed Plan Change 192
    • involves works within the dripline of one generally protected camellia tree
    • involves earthworks greater than 5m3 within the Residential 3a zone
    • involves works on a site identified on Council records as being potentially subject to soil instability

    at 22 Hillside Crescent South, Mount Eden, described as LOT 1, DP 32200, CT NA943/21, be granted consent.

    Life of Consent

    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.

    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:

    •  Rule 5C.7.3.3C General Tree Protection
    •  Rule 5D.6.1.1 Land subject to instability
    •  Clause 7.7.1 Residential Activity
    •  Assessment Criteria 7.7.3.2D Criteria for Additions and Alterations
    •  Objectives and Policies 7.6.3 Residential 3a (built).

    Plan Modification 192, and, in particular, the following:

    •  Clause 7.7.1 Residential Activity
    •  Assessment Criteria 7.7.4.3QQ Further Criteria to be considered
    •  Objectives and Policies 7.6.3 Residential 3a (built).

    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 Mal Bartleet Architects, dated September 2006 and submitted with the application
    •  memo prepared by the Council's Development Engineer Scott Paton and dated 19 January 2007
    •  memo prepared by the Council's Arborist Kit Twinch and dated 9 February 2007
    •  email from Mal Bartleet outlining site soil conditions and dated 20 March 2007
    •  email from the Council's Environmental Health Officer Mervyn Chetty and dated 5 April 2007.

    Main Findings of Fact

    The main findings of fact are that:

    •  the granting of consent to the application is consistent with the relevant assessment criteria, particularly those relating to additions and alterations in Residential 3a zone
    •  the application is consistent with the objectives and policies of the Operative District Plan and the sustainable management purpose of the Resource Management Act 1991
    •  no persons are considered adversely affected by the proposal
    •  the proposed additions and alterations fall within the existing building footprint and will be in keeping with the form, mass, materials and detailing of the existing dwelling and other dwellings in the surrounding area. In particular, the proposal will not adversely affect the character of the existing dwelling or the surrounding residential area
    •  the proposed additions and alterations will not adversely affect the streetscape because of the elevation of the dwelling above and back from the street, the landscaped screening along the road boundary, and the volcanic rock wall. Further, it is considered that the proposed additions and alterations to the façade of the dwelling are in keeping with the existing architectural values of the building and are appropriate for the streetscape
    •  potential adverse dominance, shadowing and privacy effects will be avoided or mitigated because of the location of the proposed works at ground level, the separation distance between the subject dwelling and surrounding properties and the extensive screening opportunities afforded by mature vegetation and fencing along the east and west boundaries
    •  the proposed works within the dripline of one generally protected camellia tree are supported by the Council's Arborist Kit Twinch, provided that recommended conditions of consent are adhered to
    •  the proposed works to be undertaken on a site subject to unstable/suspected ground are unlikely to adversely affect outside properties and will be an internal issue to the subject site itself
    •  overall, it is considered that the adverse effects on the environment of the activity for which consent is sought will be minor.

    Reasons for the Decision

    1. the granting of consent to the application will have minor effects on the environment
    2. the application is generally consistent with the relevant assessment criteria
    3. the application is consistent with the objectives and policies of the Operative District Plan
    4. no persons are considered to be adversely affected by the proposal.

    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:
    • "L & R Partridge, 22 Hillside Crescent, Mt Eden, Residential Additions and Alterations", sheets RC1 - & RC2, drawn by Mal Bartleet Architects, and dated June 2006

    and referenced by the Council as LUC20060862201.

    Monitoring

    1. The consent holder shall pay the Council a consent compliance monitoring charge of $381.44 (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 $381.44 (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.

    Building Appearance and Special Character

    1. The additions and alterations shall be painted within six months of the completion of the additions in a colour scheme that shall be compatible with the existing dwelling and surrounding environment.

    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.
    2. Should the presence of solid basalt rock be encountered during the excavations and earthworks, all excavation work shall cease. The consent holder shall submit to the Council's Resource Consents Monitoring Leader an excavation methodology plan to ensure that vibration and noise effects are minimised. Excavation works shall be carried out in accordance with the approved excavation methodology.

    Trees

    1. A copy of the conditions of consent relating to the camellia tree shall be provided to all operatives involved in work within the vicinity of, or work that may affect, the tree.
    2. When working within the dripline of the protected camellia tree all exposed roots and root ends shall be protected from drying out. This shall be done by covering the excavated roots immediately with hessian (or similar) and ensuring that the material is kept damp until backfilling. Excavations shall be lined with plastic prior to any concrete pour. The plastic is to remain in place as a permanent root barrier.
    3. Washings from concrete trucks and/or associated machinery shall not contaminate any area within the vicinity of protected tree or areas that are required for landscaping.

    Landscaping

    1. Gardens and landscaping shall be reinstated following the completion of the project, in accordance with the matters set out in the application lodged.

    Construction Hours

    1. All construction activities shall comply with the noise levels prescribed in Rule 4A.1.D of the Operative Auckland City District Plan - Isthmus Section 1999.
    2. Construction may only take place between the following hours:
    • Monday - Friday: 7:00am - 6:30pm
    • Saturday: 8:00am - 1:00pm
    • No works to take place on Sunday or Public Holidays

    Construction Management Plan

    1. Prior to commencement of any works on the site, the consent holder shall submit a Construction Management Plan to the satisfaction of the Council's Resource Consent Monitoring Leader. The Construction Management Plan shall include specific details relating to avoiding, remedying or mitigating adverse effects on the environment of the demolition, earthworks, construction and management of all works associated with this development as follows:
    1. details of the site manager, including their contact details (phone, fascimile, postal address)
    2. details as to how the excavations and loading of trucks is to occur without blocking the road and footpath
    3. ingress and egress to and from the site for vehicles and construction machinery during site works period
    4. proposed location of any wheel-wash facilities
    5. proposed numbers and timing of truck movements throughout the day and the proposed routes
    6. proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours)

    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 construction period.

    ADVICE NOTES

    1. This site, and, in particular, this proposed development, is captured by section 5 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915. In accordance with section 5 of the 1915 Act, the approval of the Governor General, through the Department of Conservation, will be required prior to the works permitted by this resource consent commencing. Please contact David Bayley at the Department of Conservation in the first instance.
    2. 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 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:
    1. name and telephone number of the project manager and site owner
    2. site address to which the consent relates
    3. activity to which the consent relate
    4. 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 shall make the designer(s) of the development aware of Geotek Services Ltd report dated 4 July 2000.

    CARRIED

    5.2. 30-32 JAMES COOK CRESCENT, NEWMARKET

    This item has been withdrawn at the officer's request.

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1. 23-25 RICHMOND ROAD, PONSONBY

    That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to remove a Puriri tree at 23-25 Richmond Road, Ponsonby.

    CARRIED

    6.2. 731, 751, 805 & 859 GREAT NORTH ROAD, GREY LYNN (WESTERN SPRINGS LAKESIDE PARK)

    That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to hold the annual Pasifika Festival at Western Springs Lakeside Park from 6 to 8 March 2008.

    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 1.25 pm.