MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 22 MAY 2007 AT 11.05 AM

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 15 May 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   There were no signs bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 23 EARLE STREET, PARNELL

   Pursuant to section 104C of the Resource Management Act 1991, the non-notified Restricted Discretionary activity land use resource consent application by Nadia James to remove three Elm trees at 23 Earle Street, Parnell, be granted consent.

   Lapsing of consent

   Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire two 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.

   Council considers that because trees are living organisms, two years is an appropriate timeframe in which to undertake the works. A longer period is inappropriate as the tree could grow significantly within this time.

   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, 104C and 108 (restricted discretionary activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

   Auckland City Operative District Plan 1999 - Isthmus Section and in particular the following:

   • Clause 5C.7.3.3.C (General Tree Protection)

   Principal Issues in Contention

   The application was not the subject of a contested hearing as 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, however, Council has considered the following information:

   • The application form submitted by Nadia James dated 26 March 2007.

   Main Findings of Fact

   The Committee considers that the 'main findings of fact' are:

   • The application relates to the removal of three Elm trees located at the front of the site.
   • The subject site is zoned Residential 1 under the Auckland City Operative District Plan (1999)

   Reasons

   The reasons for this restricted discretionary activity consent are as follows:

   1. Any adverse environmental effects of the proposed activity will be mitigated so long as replacement tree planting is carried out to re-establish general tree cover.
   2. Granting of consent will not be contrary to the relevant objectives and policies of the District Plan, or the Act's focus of sustainable management of physical and natural resources.

   Conditions of Consent

   Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

   1. All tree work shall be carried out by a competent arborist in accordance with accepted arboricultural practice.
   2. Within six months of the removal of the three Elm trees, the applicant shall plant at least three appropriate indigenous specimen replacement trees within the front yard of the property. Selection of the species of trees shall be done in consultation with the Council's Arborist and each tree shall have a minimum root ball size of Pb 95 (or equivalent) and a minimum height of 1.8 metres at the time of planting. The replacement trees shall be maintained thereafter.
   3. The consent holder shall notify Council's Arborist - Gerard Mostert (ph 379 2020 - fax 353 9186 - e-mail  gerard.mostert@aucklandcity.govt.nz) in writing when the replacement planting required as a condition of consent has been completed. This notification shall include the size, species and location of the replacement trees.

   ADVICE NOTES

   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.  If the tree/s to which this consent relates are not located on land owned by the consent holder, the approval of the tree owner/s or an order to be made

   by the court under section 129C of the Property Law Amendment Act 1952 may need to be obtained to give effect to the consent.

   2. A copy of this consent should be held on site at all times during work on trees.
   3. If you disagree with any of the above conditions you have a right of objection pursuant to section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council shall as soon as practicable consider the objection at a hearing.

   CARRIED

   Note:Cr G Fryer and Cr F Storer requested that their vote against item 5.1 be recorded.

   5.2. 70-76 PITT STREET, AUCKLAND CENTRAL

   That pursuant to sections 93 and 94 of the Resource Management Act 1991, this application be processed without notice because:

   1. For the purposes of section 93, the adverse effects on the environment arising from the change of conditions will be minor so no public notification is required.
   2. For the purposes of section 94, no persons are considered adversely affected by the change of conditions.
   3. In accordance with section 94C(2) there are no special circumstances that warrant notification of the application.

   Pursuant to section 100 of the Resource Management Act 1991, the hearing of this application be dispensed with as unnecessary because the applicant has agreed in writing that the recommended conditions of consent are acceptable.

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity resource consent application by Greenstone Pitt Trustees Ltd requesting changes to Condition 1 of consent LUC2000208001 to make changes to the internal arrangement of apartment units and consequential external changes at 70-76 Pitt Street, Auckland Central, as described in the application material and referenced by Council as LUC20050208003, shall be granted consent and subject to the conditions which follow.

   Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons for this land use resource consent are as follows:

   1. In terms of section 104(1)(a) of the Act, the actual and potential adverse effects of the change in Condition 1 of Consent LUC2000208001 on the environment will be no more than minor.
   2. In terms of section 127(4) of the Act, no persons are considered to be adversely affected by the change to the consent.
   3. In terms of section 104(1)(b) of the Act, the proposed changes to Condition 1 does not affect the standing of the consented development in relation to relevant district plan objectives, policies and assessment criteria of the Operative Plan.
   4. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account, including monitoring and financial contributions.
   5. The activity is consistent with Part II of the Act.

   The consent LUC2000208001 is amended as follows:

   1. Condition 1 of the consent is deleted and a new Condition 1 is substituted as follows:

   1. Except where otherwise required by the conditions that follow, the proposal shall be undertaken in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans, dated 21 March 2005, 12 June 2005 and 12 April 2007, and prepared by Ashton Mitchell Architects being:

   • Sheet RC-101 Survey plan
   • Sheet RC-201 Rev 5 Basement plan
   • Sheet RC-202 Rev 5 Level 1
   • Sheet RC-203 Rev 5 Level 3
   • Sheet RC-204 Rev 5 Level 5 (Levels 6, 7, 8 & 9 similar)
   • Sheet RC-210 Rev 5 Roof Plan
   • Sheet RC-211 Rev 5 Levels 2 & 2A
   • Sheet RC-212 Rev 5 Levels 4 & 4A
   • Sheet RC-301 Rev 5 North Elevation
   • Sheet RC-302 ev 5 South Elevation
   • Sheet RC-303 Rev 5 West Elevation
   • Sheet RC-304 Rev 5 East Elevation
   • Sheet RC-401 Rev 5 Section A-A
   • Sheet RC-402 Rev 5 Section B-B
   • GFA Calculations

   all sheets referenced by the Council as LUC 20050208001 and LUC20050208003

   ADVICE NOTES

   1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant Council Bylaws.
   2. This resource consent will expire five years after the date of commencement of consent unless: (a) some other date is specified in the consent; (b) It is given effect to before the end of that period; or, (c) Upon an application made prior to the expiry of that period (or such longer period as is fixed under section 37 of the Resource Management Act), the Council fixes a longer period. The statutory considerations that apply to extensions are set out in section 125(1)(b) of the Resource Management Act 1991.
   3. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.

   CARRIED

   Note: Cr C Caughey declared a conflict of interest in Item 5.2 and neither spoke nor voted on the item.

   5.3. 32-34 GREAT SOUTH ROAD, OTAHUHU

   Pursuant to section 104B of the Resource Management Act 1991, the non-complying activity land use application by Remson Holdings Limited to extend an existing boarding house from 17 to 27 bedrooms, that:

   • involves the provision of further non-permanent residential accommodation within the Business 4 zone (Rule 8.7.1)
   • involves development within a Defined Road Boundary (Rule 12.8.2.3)
   • involves the use of four (existing) vehicle crossings, with a total width of 15.9 metres (Rule 12.8.2.2)
   • infringes the frontage/streetscape control (Rule 8.8.1.3C),

   at 32-34 Great South Road, Otahuhu, described as Lots 9 & 10 DP 7054 (CT's NA129A/611-612), be granted 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.

   Relevant Statutory Provisions

   The following provisions of the Resource Management Act 1991 were relevant in the assessment of this application:

   • sections 104, 104C and 108 (restricted discretionary activity)
   • sections 104, 104B and 108 (discretionary activity)
   • sections 104, 104D and 108 (non-complying activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Clause 4.3.1.2b (Development Control Modification),
   • Clause 8.7.1 (Activities in the Business zones)
   • Clause 8.8.1.3C (Streetscape Improvement)
   • Clause 12.8.2.2 (Access to sites)
   • Clause 12.8.2.3 (Defined Road Boundary)
   • Clause 8.6.4 (Business Activity Objectives)

   Principal Issues in Contention

   The application was not the subject of a contested hearing, as 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, Council has considered the following information and specialist reports:

   • The Assessment of Environmental Effects prepared by John Childs Consultants Limited;
   • The Traffic Impact Assessment prepared by Geoff Brown of G&H Transportation Consultants Ltd, entitled "32-34 Great South Road, Otahuhu", dated 18 December 2006;
   • The Acoustic Report prepared by Marshall Day Acoustics
   • The plans of the proposal, prepared by Andrew Grant Architects, being Sheets RC-01 - RC-03, entitled "Great South Lodge, 32-34 Great South Road, Otahuhu, Stage 2 Bedroom Wing Extension", dated 20 October 2006; and
   • The additional information provided in a letter from Remson Holdings Limited to John Childs Consultants Limited, dated 2 February 2007.

   Main Findings of Fact

   The Committee considers that the 'main findings of fact' are:

   • The proposed addition of 10 non-permanent accommodation units will not have more than a minor adverse effect on the environment. The proposed units will be designed to have direct access to natural light and ventilation, and will be able to use the existing communal facilities which are considered to have capacity for an increase in tenants and which have been developed to provide a high standard of on-site amenity.
   • The proposal provides an appropriate number of parking spaces on site, and any additional traffic movements are not considered to affect the safe and efficient operation of the adjacent road network.
   • The proposed vehicle crossing arrangements will not adversely affect pedestrian or vehicular safety.
   • The proposal will be consistent with the relevant assessment criteria and the objectives and policies of the District Plan.
   • The number of bathrooms and toilets on site exceeds the requirements of the Building Act 2004.

   Reasons for the Decision

   The reasons for this non-complying activity consent are as follows:

   1. The granting of consent to the application will have no more than minor adverse effects on the environment. In particular, the proposed extension to the boarding house will be consistent with the existing built form of the site, and will allow for additional units with similar access to light and ventilation as developed on the site under the provisions of a previous consent.
   2. The granting of consent to the application is consistent with the relevant assessment criteria for restricted discretionary and discretionary activities, which have been used as a guide, and, in particular, those relating to non-permanent accommodation and streetscape landscaping and vehicle crossing controls.
   3. Written approval has been obtained from these persons considered to be adversely affected by the proposal.
   4. The imposition of the following conditions will ensure that the effects of the granting the application are mitigated, and, in particular, that the proposal is carried out in accordance with the application material and plans submitted.
   5. The number of bathrooms and toilets on site exceeds the requirements of the Building Act 2004.

   Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

   Activity in Accordance with Application and Plans

   1. The activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:

   • Report entitled The Assessment of Environmental Effects prepared by John Childs Consultants Limited
   • The Traffic Impact Assessment prepared by Geoff Brown of G&H Transportation 2006
   • The Acoustic Report prepared by Marshall Day Acoustics (#2005349A(a) dated 16 August 2005)
   • The plans of the proposal, prepared by Andrew Grant Architects, being Sheets RC-01 - RC-03, entitled "Great South Lodge, 32-34 Great South Road, Otahuhu, Stage 2 Bedroom Wing Extension", dated 20 October 2006
   • The additional information provided in a letter from John Childs Consultants Limited, dated 30 March 2007 relating to the "no complaints" restriction to be placed on the titles
   • The additional information provided in a letter from Remson Holdings Limited to John Childs Consultants Limited, dated 2 February 2007

   all referenced by the Council as LUC20060912501.

   Certificates of Title

   2. The two titles for the property (NA129A/611 and NA129A/612) shall be held together at all times by the consent holder and shall not be disposed of independently of each other.

   Noise Prevention for the Proposed Units

   3. The material used as part of the fit out shall be in accordance with the report #2005349A(a) prepared by Marshall Day Acoustics dated 16 August 2005.

   Construction Hours/Noise

   4. Any noise generated during the construction period must be within the following limits:

   		L 10 Level at any property
   No noisy construction is allowed before 7:30am on any day
   Monday to Friday	7:30am to 6pm	75 dBA
   	6pm to 8pm	70 dBA
   Saturday	7:30am to 6pm	75 dBA
   Sundays & Public Holidays	Noisy construction is NOT permitted

   Monitoring

   5. The consent holder shall pay to the Council a consent compliance monitoring charge of $187.38 (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 consent holder will be advised of any further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

   ADVICE NOTES

   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 shall be sent to the Resource Consent Monitoring Leader and shall 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 relates
      • expected duration of works.
   4. 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.
   5. If this resource consent and its conditions alter or affect a building consent that has been previously approved for this project, you are advised that a new building consent may be required.
   6. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357A of the Resource Management Act 1991 and which shall be made in writing to the Council within 15 working days of notification of the decision. The Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.
   7. The information provided by the applicant (correspondence from John Childs Consultants Ltd to Blakey Scott Planning Consultants, acting on behalf of Auckland City Council, dated 30 March 2007) advises of their undertaking to include a "no complaints" covenant on the titles for the subject site (refer condition 1). This covenant prevents residents of the subject site from making complaints about noise (that complies with the District Plan noise controls for the zone) arising from the legitimate business activity on neighbouring properties.
   8. The applicant is advised that the proposed additional rooms granted under this consent will attract a development contribution under the Council's 2006 Development Contributions policy. The value of the contribution will be assessed at the time of a building consent application.

   CARRIEDD

   5.4. 139 ARNEY ROAD, REMUERA

   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, and
   • Written approval has been given by every person who may 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 G B Fraser to install floodlighting and increase the height of fencing for an existing tennis court that:

   Operative Plan

   • involves the development of land known to be subject to instability
   • involves work within the dripline of the following five generally protected trees (English Oak (x4) and Pohutukawa (x1)) located around the perimeter of the tennis court

   Tennis Court Lighting

   • involves the use of artificial lighting producing an illuminance of 400 lux, measured at any point on the site containing the light source, in a horizontal or vertical plane at ground level
   • infringes the 8m height control as it applies to two tennis court lighting columns located on the northern elevation of the court by 4 metres
   • involves the construction of two new 'buildings' in the Residential 2a zone

   Tennis Court Fencing

   • infringes the 8m height control by 0.7 metres, over an area of 8.25m2
   • involves the construction of a new building in the Residential 2a zone

   Proposed Plan Modification 163

   Tennis Court Lighting

   • involves the construction of two new 'buildings' in the Residential 2a zone

   Tennis Court Fencing

   • involves the construction of a new building in the Residential 2a zone;

   at 139 Arney Road, Remuera described as LOT 1 DP 48287, CT 107B/134 be granted 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 matters set out immediately below were taken into consideration in the determination of the discretionary activity:

   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

   Operative Plan

   • Clause 7.6.2 (Residential 2 Objectives and Policies);
   • Clause 7.6.6 (Residential 6 Objectives and Policies);
   • Clause 7.7.3.2C (Criteria for any New Building in the Residential 2a zone);
   • Clause 7.7.3.2G (Criteria for Artificial Lighting);
   • Clause 4.3.1.2B (Development Control Modification);
   • Clause 5C.7.3.3C (Generally Protected Trees);
   • Clause 5C.7.6.11 (Criteria for Newmarket Viaduct);
   • Clause 5D.6.1 (Land Subject to Flooding or Instability);

   Plan Modification 163

   • Clause 7.7.1 (Activities in the Residential 1-7 zones); and
   • Clause 7.7.4.3T (Criteria for any New Building in the Residential 2a zone)

   Principal Issues in Contention

   The application was not the subject of a contested hearing as Council generally concurs with the applicant's assessment. Accordingly, there were no issues in contention.

   Summary of Evidence

   The application was not the subject of a contested hearing. Whilst no evidence has been provided, Council has considered the following specialists' reports:

   • Correspondence regarding lighting: to Celia Wong, Bentley & Co Ltd, prepared by Geoffrey Carter of Pacific Consultants, Building Engineers, and dated 11/05/06.
   • Lighting Audit prepared by Mike Grunsell of Premier Consultants, titled 139 Arney Road Remuera Tennis Court Lighting Assessment - Application LUC2006022601, and dated 6th June 2006;
   • Memo prepared by Council's Development Engineer, Scott Paton, titled Resource Consent Application - 139 Arney Rd LUC20060226601, and dated 31 May 2006; and
   • Memo prepared by Council's Arborist, Allan Holmes, titled 139 Arney Road tennis court fence and lights. Res 6a and2a LUC20060226601, and dated 12 July 2006.

   Main Findings of Fact

   The Committee considers that the 'main findings of fact' are:

   • The proposed development is in keeping with the character, and aural and visual amenity of the site and surrounding environment;
   • The proposal will not detract from the existing character and amenity of the Arney Road streetscape;
   • The adverse effects of the proposal are limited to the neighbouring properties at 35, 35A and 35B Shore Road, 141 Arney Road, Thomas Bloodworth Reserve and Waitaramora Reserve from whom written approval has been obtained;
   • The proposed development will not be to the detriment of health of the surrounding generally protected trees;
   • The proposed development will result in minor effects relating to soil instability, of no engineering consequence; and
   • The proposed development will not result in adverse visual effects on the Newmarket Viaduct View Protection Shaft.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will maintain the character, and aural and visual amenity of the site, the Arney Road streetscape and surrounding environment, and will not result in adverse lighting effects that are more than minor.
   2. The granting of consent to the application is consistent with the relevant assessment criteria for restricted discretionary and discretionary activities, and in particular the specific criteria for artificial lighting, works within the dripline of generally protected trees, and the development of land subject to soil instability.
   3. The written consents from the owners of adjoining properties considered to be adversely affected have been received.
   4. The proposed lighting complies with the bylaw provisions for artificial lighting.
   5. The imposition of the following conditions will ensure that the effects of granting the application are minor.
   6. The application is consistent with the objectives and policies of the district plan and the sustainable management purpose of the Resource Management Act 1991.

   Conditions

   Pursuant to section 108 of the Resource Management Act 1991, this consent is subject to the following conditions:

   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:

   • Plans drawn by Suzanne Turley Design Concepts Ltd, Project Fraser Tennis Court, Sheet L-2, revision 23-3-06 RC Lighting and Fencing, and described as Section; and
   • Correspondence regarding lighting: to Celia Wong, Bentley & Co Ltd, prepared by Geoffrey Carter of Pacific Consultants, Building Engineers, and dated 11/05/06.

   Monitoring

   2. 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.

   Lighting

   3. The consent holder shall engage a suitably qualified lighting engineer to confirm in writing that the completed installation is in accordance with the design submitted for assessment and the above conditions of consent. In particular, the engineer shall confirm that the installation complies with the Bylaw and AS 4282 relating to maximum luminous intensity. This information shall be submitted to the Council (Resource Consents Monitoring Leader) within one month of commissioning and aiming of the lights. In the event that the installation does not comply, the applicant shall install appropriate shielding or planting to screen the offending luminaire(s) to demonstrate compliance with the Bylaw, within one month of notification of non-compliance.
   4. Use of the lighting shall only occur when the tennis court is being used for tennis or any other activity and the lights shall not operate 24 hours a day.

   Trees

   5. All tree work shall be carried out by a competent arborist in accordance with accepted arboricultural practice.
   6. All excavations within the dripline of any protected tree or tree to be retained shall be under the direct supervision of the Consent holder's arborist.
   7. Prior to works commencing there shall be a pre-commencement meeting on site with the Consent holder, the Project Manager/Site Foreman and the Consent holder's arborist. A copy of the notes from this meeting shall be forwarded to the Council arborist Allan Holmes on the day of the meeting - fax 353 9186. This meeting shall discuss the proposed work, how it is to be done, Conditions of Consent, tree protection and protective fencing requirements and installation.
   8. Prior to work starting on site there shall be a protective fence constructed to the dripline of the following trees (English Oak (x4) and Pohutukawa (x1)), located around the perimeter of the tennis court.

   • The protective fencing shall be self-supporting, 1.8m high, and shall be of solid construction;
   • Within the protective fencing, there shall be no storage of product, materials, spoil or machinery; and
   • The protective fencing is to be retained and maintained by project manager until the end of work on the site.

   ADVICE NOTES

   1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, 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 1991. 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 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.

   CARRIED

6. APPOINTMENT OF COMMISSIONERS

   6.1. 30C MORNINGSIDE DRIVE, MORNINGSIDE

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application for the removal of a gum tree at 30C Morningside Drive, Morningside.
      The panel is Cr C Casey (Chairman), Cr G Fryer and Board Member C Farmer (and alternates Cr N Abel, Board Member C McLaren and Board Member B Insull).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.2. 7 BARRIE STREET, FREEMANS BAY

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application for the removal of an English Oak tree at 7 Barrie Street, Freemans Bay.
      The panel is Cr C Casey (Chairman), Cr G Fryer and Board Member C Farmer (and alternates Cr N Abel, Board Member C McLaren and Board Member B Insull).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

7. REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS

   That the summary of requests for service arising from site visits and meetings be received.

   CARRIED

8. 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 12 noon.