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AGENDA ATTACHMENTS

I hereby give notice that a meeting of the

PLANNING FIXTURES COMMITTEE

will be held as follows:

Members:

Ex Officio:

1. APOLOGIES

   At the close of the agenda no apologies had been received.

2. CONFIRMATION OF MINUTES

   The minutes of the Planning Fixtures Committee meeting held on Tuesday, 18 September 2007 to be confirmed as a true and correct record.

3. EXTRAORDINARY BUSINESS

   Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
   (a)	The local authority by resolution so decides; and
   (b)	The presiding member explains at the meeting at a time when it is open to the public,-
   	(i)	The reason why the item is not on the agenda; and
   	(ii)	The reason why the discussion of the item cannot be delayed until a subsequent meeting."
   Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "Where an item is not on the agenda for a meeting,-
   (a)	That item may be discussed at that meeting if-
   	(i)	That item is a minor matter relating to the general business of the local authority; and
   	(ii)	The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
   (b)	no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."

4. SIGNS BYLAW APPLICATIONS

   There are no signs bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 36 DUDLEY ROAD, MISSION BAY 20070366601

   T Bacon
   Subdivisions officer	21 August 2007

   Section 93/94 determination and Resource Consent determination on an application to establish two new dwellings and create a two-lot freehold subdivision on a vacant site in a Residential 2b zone at 36 Dudley Road, Mission Bay.

   Recommending that the application be granted consent, subject to conditions.

   This application was deferred at the committee's meeting on 28 August 2007. The reason for deferral was to enable the city heritage manager (city planning) to engage with the applicant in order to investigate alternative built forms, including the use of gable roof lines, a reconsideration of the infringements of the development controls relating to height in relation to boundary, lot coverage, and infringement of impermeable surfaces. The committee also requested that the applicant provide a more robust landscaping proposal in accordance with the objectives and policies of the residential 2b zone.

   The further information requested by the committee is attached at pages A1- A49. The original report is attached at pages 1-71.

   [ATTACHMENT 5.1]

   Pages A1 - A49 &1-71

   5.2. 8 KAWAKA STREET AND 9 HOROPITO STREET, MOUNT EDEN 20070178801

   A Babbage
   Consultant subdivisions officer	12 September 2007

   Resource Consent determination on an application to create a three lot freehold subdivision of two underlying lots within a residential 1 zone at 8 Kawaka Street and 9 Horopito Street, Mount Eden. Two of the new lots will contain existing single storey wooden villas and the third new lot is vacant land.

   The committee agreed that the application should proceed on a non-notified basis at its meeting on 24 July 2007.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.2]

   Pages 1-41

   5.3. 60 SANDFORD WAY, RAKINO ISLAND 20070169301

   C Sutton
   Planner	7 August 2007

   Resource Consent determination on an application to construct a concrete driveway of 225 metres in length, together with retaining walls, jetty abutment at 60 Sandford Way, Rakino Island.

   This application was jointly notified with the Auckland Regional Council (ARC). The hearing was cancelled as the submitter in opposition withdrew their submission. The ARC granted consent for the jetty, boat ramp and moorings on 10 July 2007.

   The one submitter to Auckland City Council did not wish to be heard. The issues raised by the submitter have been addressed within the agenda report.

   Recommending that the application be granted consent, subject to conditions.

   The application was deferred by the committee on 21 August 2007 for further information, including:

   •  a final detailed landscaping plan
   •  an assessment of the landscaping that has already been undertaken on the site
   •  copies of the corresponding Auckland Regional Council decision on this application.

   [ATTACHMENT 5.3]

   Pages 1-115

   5.4. 89 GREEN LANE EAST, REMUERA 20070476501

   D Willcocks
   Planner	4 September 2007

   Section 93/94 determination and Resource Consent determination on an application to change condition (10) of LUC20060202901, which is a consent for a medical clinic at 89 Green Lane East, Remuera. This condition required the applicant to construct a block wall along the boundary with 52 Ohinerau Street. The applicant proposes to retain the existing 1.8m high wood fence.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.4]

   Pages 1-44

   5.5. 128 JERVOIS ROAD, HERNE BAY 20070599801

   S Leamy
   Planner	5 September 2007

   Section 93/94 determination and Resource Consent determination on an application for a proposed retail activity, and alterations and additions to the existing building at 128 Jervois Road, Herne Bay.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.5]

   Pages 1-70

   5.6. 17 PLEASANT VIEW ROAD (32 JELLICOE ROAD), PANMURE 20060641301

   S Parkinson
   Planner	12 September 2007

   Section 93/94 determination and Resource Consent determination on a retrospective application to operate a restaurant within one of the tenancies (32 Jellicoe Road) on the subject site at 17 Pleasant View Road, Panmure.

   The restaurant has been operating since September 2005, when a building consent was granted for the fit out of the restaurant. The restaurant operates between the hours of 7am and 1am the following day, from Monday to Sunday.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.6]

   Pages 1-61

   5.7. 150 MORRIN ROAD, ST JOHNS (MOUNT WELLINGTON QUARRY/STONEFIELDS DEVELOPMENT) 20070450301

   M Thode
   Planner	10 September 2007

   Resource Consent determination and application for dispensation under Part 27 of the Auckland City Council Signs Bylaw to construct a sign on the corner of Ngahue Road and College Road Extension within the Mount Wellington Quarry Development. The proposal requires land use consent for the use of land known to be subject to soil instability.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.7]

   Pages 1-50

   5.8. 42 HERD ROAD, HILLSBOROUGH 20060911201

   T Richmond
   Consultant Planner	7 September 2007

   Resource Consent determination on an application to construct a four storey 'stand alone' building (Building A) within an existing retirement village at 42 Herd Road, Hillsborough. The building will accommodate 26 independent retirement units for persons over 65 years of age.

   Recommending that the application be granted consent, subject to conditions.

   [ATTACHMENT 5.8 ]

   Pages 1-271

6. APPOINTMENT OF COMMISSIONERS

   6.1. 18 LAMMERMOOR DRIVE, ST HELIERS 20070109301

   Appointment of Planning Commissioner(s) to hear and determine an application to remove a scheduled Norfolk Island pine tree.

   [ATTACHMENT 6.1]

   Pages 1-2

   6.2. 907B MOUNT EDEN ROAD, MOUNT EDEN 20070580901

   Appointment of Planning Commissioner(s) to hear and determine an application to carry out work within the dripline of one Totara tree.

   [ATTACHMENT 6.2]

   Pages 1-2

   6.3. 1909-1949 GREAT NORTH ROAD, AVONDALE

   Appointment of Independent Planning Commissioner(s) to hear and determine an application for resource consent for a mixed use development at 1909-1949 Great North road, Avondale. The proposed development comprises of 54 residential units, 811m² of office space (divided into eight units), 2006m² of retail space (divided into 14 tenancies) and 283m² of café/restaurant area (two tenancies).

   Independent commissioners are required because the subject site has an encumbrance on the title in favour of the council, and this has a direct impact on the proposed development. The Avondale Community Board has been involved during the pre-lodgement and the processing of the application. The site is adjacent to a council reserve for which the written approval of the landowner us required for various infringements on the boundary, and has subsequently been obtained.

   [ATTACHMENT 6.3]

   Pages 1-2

   6.4. NEWTON ROAD RESERVE, WAIHEKE ISLAND 20070617801

   Appointment of Planning Commissioner(s) to hear and determine a retrospective application for the retention of earthworks deposited on the Newton Road Reserve, Waiheke Island.

   [ATTACHMENT 6.4]

   Pages 1-2

   6.5. 20 RUAHINE STREET, AVONDALE 20060475201

   Appointment of Planning Commissioner(s) to hear and determine an application for subdivision and landuse consent to subdivide an existing site into two lots, to shift the existing dwelling and relocate a second dwelling onto the newly created lot.

   [ATTACHMENT 6.5]

   Pages 1-2

   6.6. 7-9 EDENVALE CRESCENT AND 35 VIEW ROAD, MOUNT EDEN 20070054801

   Appointment of Planning Commissioner(s) to hear and determine an application to carry out a major extension to an existing rest home onto 35 View Road, and the reconstruction of the existing rest home on 7-9 Edenvale Crescent, Mount Eden.

   [ATTACHMENT 6.6]

   Pages 1-2

7. REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS

   Andrew Gysberts
   Acting manager, regulatory planning	11 September 2007

   Attaching a summary of requests for service arising from site visits and meetings.

   [ATTACHMENT 7]

   Pages 1-2

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

   Attaching a summary of the appointment commissioners and the Independent Commissioner decisions for 2006/2007.

   [ATTACHMENT 8]

   Pages 1-18

9. EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

   Julie McKee
   Hearings Team Leader	13 Sep 2007
   Section 48, Local Government Official Information and Meetings Act 1987:

   The following motion is submitted for consideration:

   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	Auckland Trotting Club, Alexandra Park, Epsom - Private Plan Change 10 - Environment Court Appeal	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, the council is reviewing the position it is to take on this matter at the Environment Court 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.

    

   C2	11 Green Lane East, Remuera - Environment Court Appeal	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, an appeal has been lodged with the Environment Court against the council's decision to refuse consent to the proposed healthcare centre in the residential 6a zone 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.
   C3	54 Middleton Road, Remuera - Environment Court Appeal	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, an appeal has been lodged with the Environment Court against the council's decision to grant consent to the proposed five unit development 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.