MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 29 MAY 2007 AT 11.02 AM

adjourned at 12.45 pm and reconvened at 12.50 pm

1. APOLOGIES

   That an apology for absence from Cr G A Mulholland be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 22 May 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   4.1. 279 GREAT SOUTH ROAD, GREENLANE

   The application by Winger Motors/Hyundai for a Dispensation from Part 27 of the Auckland City Council Consolidated Bylaw (Signs) for a sign that:

   • Exceeds the maximum permissable height of 4m by 0.6m
   • Exceeds the maximum permissable area of 4m2 by 4.8m2
   • Is located 1.2m from the site's boundary whereas 2m is required.

   at 279 Great South Road, Greenlane, described as Lot 1 DP 67286 CT 23A/271, be granted in part and declined in part.

   Reasons for dispensation

   1. The content of the sign is simple, applies to the activity on the site and will not represent a hazard to road users
   2. The sign is of an appropriate scale for the site
   3. The sign will not detract from the visual amenity of the area or create adverse cumulative effects.

   Conditions

   Activity in Accordance with Plans

   1. The activity shall be carried out in accordance with the plans and all information submitted as part of the application (except as modified by Condition (2) below) being:

   • Plans entitled "Huyndai Greenlane" sheets (--)02, S(--)01 and (43)01, drawn by Avery Team Architects, and "Hyundai Winger Greenlane" sheet 1, "Hyundai" sheet 1, "Hyundai Inland >500 M" sheet 2, "Hyundai/Winger" sheet 1, "Hyundai:Winger Campbell & Great South Road elevations" sheets 1, all drawn by Superlite New Zealand
   • Application entitled "Proposed Installation of Hyundai Monolith Sign & Building Signage for Winger Motors/Hyundai New Dealership" prepared by Supalite New Zealand and dated Feburary 2007

   and all referenced by Council as LUC20070131401.

   2. That the sign be located 2m from the side boundary on Great South Road.

   Validation of Period of Permission

   3. This permission shall expire six months after the date of the approval of the exception unless the sign has been erected in accordance with the approved plans before the end of that period.

   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 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.
   3. 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.

   CARRIED

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 61 WALFORD ROAD, POINT CHEVALIER

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

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

   CARRIED

   5.2. 19 BIRDWOOD CRESCENT, PARNELL

   That, pursuant to section 93 of the Resource Management Act 1991, this application be processed without public notice because the adverse effects of the activity on the environment will be minor.

   That, pursuant to section 94 of the Resource Management Act 1991, notice of this application shall be served on the owners and occupiers of the following properties unless their written approval is provided to the Council:

   • 1-24/21 Birdwood Crescent
   • 1-12/17 Birdwood Crescent
   • 1-3/15 Birdwood Crescent
   • 13 & 13A Birdwood Crescent
   • 4A & 4B Birdwood Crescent

   CARRIED

   Note:Cr C Caughey requested that it be recorded that she neither spoke nor voted on item 5.2.

   5.3. 935 NEW NORTH ROAD, MOUNT ALBERT

   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
   • There are no persons considered to be adversely affected by the activity.

   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 discretionary activity land use application by K Lachhari to establish a liquor retail premises that:

   • Involves a shortfall of one (1) loading space
   • Involves a shortfall of eight (8) parking spaces where seven (7) parking spaces are required

   at 935 New North Road, Mount Albert described as LOT 12 DP 50819, CT 5C/1015 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 12.8.1.2 (Loading Standards)
   • Clause 12.9.1.1 (Parking)
   • Clause 8.6.2 (Objectives and Policies for the Business 2 zone)
   • Clause 12.9.1.2 (Criteria for assessing parking shortfalls)

   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 specialists' reports:

   • The Assessment of Effects and attached documentation prepared by EMAC Group Ltd, stamped 18/04/07
   • The planning report prepared by the reporting Planner; Solomon Brett.

   Main Findings of Fact

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

   • The retail activity is within the character of the existing environment
   • The traffic effects are minor due to the short-term users and adequate alternative supply of parking.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, the proposal will not increase the traffic generated in the area with the appropriate provision for alternative parking.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, those matters listed in Clause 12.9.1.2 in relation to car parking shortfalls.
   3. The imposition of the following conditions will ensure that the proposal will be undertaken in accordance with the plans submitted, and the effects of granting the consent will be minor.
   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.
   5. The traffic effects will be minor due to the short term user nature of the activity.

   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, being described as:

   • Resource Consent Application titled 935 New North Road, Mt Albert, Project No: EMCS - 07328 by EMACS Group Ltd, stamped the 18/04/07.
   • Plan - Proposed New Liquor Retail at 935 New North Road, Mt Albert

   and referenced by Council as LUC20060444301.

   Monitoring

   2. The consent holder shall pay 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 $187.38 (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.

   ADVICE NOTES

   1. Any request to change to timing of payment or to bond for the financial contribution will require a new resource consent as a non complying activity.
   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.

   3. 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.
   4. 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.54. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   5. 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, Resource Consent 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.

   6. 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 Council within 15 working days of notification of the decision. 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

   That item 5.6 be taken at this point.

   CARRIED

   5.4. 429 QUEEN STREET, AUCKLAND CENTRAL

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

   1. In accordance with section 93(1)(b), the adverse effects are minor and this application need not be publicly notified.
   2. In accordance with section 94D(3), the application need not be notified pursuant to section 94 (limited notification) because no persons other than the New Zealand Historic Places Trust (who have provided their written approval) are considered to be adversely affected.
   3. In accordance with section 94C(2), there are no special circumstances to warrant notification.

   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 104C of the Resource Management Act 1991, the restricted discretionary activity resource consent application by Auckland Baptist Tabernacle Trust Board to install signs on a scheduled building and within the scheduled site surrounds at 429 Queen Street, Auckland Central, Auckland, as described in the application material and plans by Michael Jones, all referenced by Council as LUC20060394101, shall be granted consent in accordance with the above recommendations 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, and subject to recommended conditions of consent, any adverse effects on the environment will be no more than minor as there will be no more than minor adverse effects on the heritage values of the building and the proposal is in general accord with the signs bylaw.
   2. In terms of section 104(1)(b) of the Act, the proposal is consistent with the relevant policy statements and plans, including the relevant District Plan objectives and assessment criteria including, in particular, sections 4.4 (Southern Strategic Management Area), 10 (Heritage) and 14.11 (Karangahape Road Precinct).
   3. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account, including the Consolidated Bylaw (Signs) and monitoring.
   4. The activity is consistent with Part II of the Act.

   Pursuant to sections 113(1)(aa), (ab), (ac), (ad), and (ae):

   Relevant Statutory Provisions

   The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 93, 94, 94A, 94B, 94C, 94D, 104, 104B, 104C and 113.

   Relevant Plan Provisions

   The relevant parts of the Auckland City Operative District Plan 2004 Central Area Section were considered to be sections 4.4 (Southern Strategic Management Area), 10 (Heritage) and 14.11 (Karangahape Road Precinct).

   Principal Issues in Contention

   The application was not the subject of a contested hearing as the Council and applicant generally concur. Accordingly, there were no issues in contention.

   Summary of Evidence

   In summary, sufficient information to consider the application was available, including:

   • The application prepared by Michael Jones, all referenced by Council as LUC20060394101
   • A plan, photomontage and elevations prepared by Michael Jones, all referenced by Council as LUC20060394101
   • New Zealand Historic Places Trust approval in letters dated 6 September 2006 and 8 February 2007
   • Heritage report by Ian Grant, Council Specialist Architect Planner, Heritage Division dated 18 April 2007
   • Urban design report by Sue Evans, Council Urban Designer dated 28 February 2007
   • Signs proposed on a scheduled building are a restricted discretionary activity and will be assessed in terms of the relevant provisions in both the District Plan and the Consolidated Bylaw.

   Main Findings of Fact

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

   • Under the Auckland City Operative District Plan 2004 Central Area Section, the site is located in Strategic Management Area 4 (Southern SMA) and in the Karangahape Road Precinct
   • The building is a category B scheduled building under the Auckland City Operative District Plan 2004 Central Area Section, reference number 150
   • The building is a category I registered building by the New Zealand Historic Places Trust, reference number 7357.

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

   General

   1. Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans and elevations, prepared by Michael Jones, entitled "Resource Consent Application by Auckland Baptist Tabernacle Church", being:

   • "Landscape Master Plan for Podium [Position of Signs shown]", dated 17.01.05
   • "Photomontage of Proposed Illuminated Signs for Podium", dated 06 April 2006
   • "North Elevation of Message Signboard", dated 11.11.05
   • "Elevation of Proposed Directory Sign for Podium", dated 11 April 2006
   • "Positions of Alcove Signs", dated 11.11.05

   and the cross-section prepared by Harris Foster Consulting Limited, entitled "Resource Consent Application by Auckland Baptist Tabernacle Church" being "Cross-Sectional Detail of Foundation of Message Signboard", dated 27.2.03, and all referenced by Council as LUC20060394101.

   Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $300 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and reasonable costs that are 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 $300 (inclusive of GST) charge must be paid as part of the resource consent fee and the consent holder will be advised of the additional monitoring charge or charges as they fall due. Such additional charges are to be paid within one month of the date of invoice.

   Administrative Charges

   3. The resource consent holder shall pay any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991 or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991, wherever appropriate.

   Signs

   4. The alcove signs located on the eastern façade of the building shall have an inset at least 100mm wide around each side of the signs.
   5. The freestanding message sign located on the retaining wall towards the northern boundary of the site shall be no larger than 1.72 metres high by 2.3 metres wide.
   6. Prior to manufacture of the historic plaque the design detail and location of the plaque shall be agreed in writing with the Council (Manager: Heritage Division).
   7. The banner sign shall be limited to no more than 14 weeks per year in accordance with the requirement of the New Zealand Historic Places Trust.

   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.
   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. Any variation to this signage as consented is likely to require new resource consent. Should any variation be required the applicant is recommended to contact the Council (Manager: Heritage Division) to discuss this.
   4. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
   5. 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 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.

   6. 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 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 will as soon as practicable consider the objection at a hearing.
   7. 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.
   8. 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.
   9. Where as a result of more detailed design being carried out on a proposed building, significant differences arise between the plans approved as part of a land use resource consent, and those plans intended to be submitted for a building consent, the resource consent holder should contact Council town planning staff to ascertain whether or not a further resource consent or a change in consent conditions is required to meet those changes.
   10. Where plans submitted for a building consent include changes or additional works which require a new resource consent or changes to an existing resource consent and for which no such authorisation has been obtained, the Council may under Section 37 of the Building Act 2004, attach a certificate to any building consent issued, to the effect that none or only some of the proposed building work may be proceeded with until the further authorisation required under the Resource Management Act, 1991 has been obtained.

   CARRIED

   5.5. 156 VINCENT 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(1), the adverse effects of the proposal on the environment will be minor so no public notification is required. In particular the proposal is consistent with the character and amenity of the locality and the design, appearance, bulk and location are of a scale that is anticipated within the vicinity. Further, all arboricultural effects are adequately considered and are minor.
   2. For the purposes of section 94, no persons are considered adversely affected by the activity.
   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 Trustees of The Vincent Street Trust to demolish an existing building on the site and construct a 15 level building including one level of basement carparking at 156 Vincent Street, Auckland Central, Auckland City (LOT 1 DP 75572, CT-32A/1052), as described in the application material and plans by Hamish Firth and Leushcke Group Architects, all referenced by Council as LUC20060878801, which involves the following matters:

   Demolition of a building

   • Departure from the access standards required for vehicle crossings
   • Reverse manoeuvring into the loading bay
   • Design and appearance
   • Pruning of scheduled trees
   • Works within the rootzone of scheduled trees;

   shall be granted consent under delegated authority in accordance with the above recommendations 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, and, subject to recommended conditions of consent, any adverse effects on the environment will be no more than minor. In particular, the proposal is consistent with the character and amenity of the locality and the design, appearance, bulk and location are of a scale that is anticipated within the vicinity. Further, all arboricultural effects are adequately considered and are minor.
   2. In terms of section 104(1)(b) of the Act, the proposal is consistent with the relevant policy statements and plans including the objectives, policies and assessment criteria of the Operative Plan including sections 3.5 (Resource Management Objectives and Policies), 4.4 (Southern Strategic Management Area), 8 (Financial Contributions), 9 (Transportation) and 10.11 (Heritage, Trees) and Plan Change 2.
   3. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account including monitoring and financial contributions.
   4. The activity is consistent with Part II of the Act.

   Pursuant to sections 113(1)(aa), (ab), (ac), (ad) and (ae)

   Relevant Statutory Provisions

   The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 93, 94, 94A, 94B, 94C, 94D, 104, 104B, 104C and 113.

   Relevant Plan Provisions

   The relevant parts of the Auckland City Operative District Plan 2004 Central Area Section were considered to be sections 3.5 (Resource Management Objectives and Policies), 4.4 (Southern Strategic Management Area), 8 (Financial Contributions), 9 (Transportation) and 10.11 (Heritage, Trees) and Plan Change 2.

   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

   In summary, sufficient information to consider the application was available, including:

   • The application, all referenced by Council as LUC20020060878801, including the AEE dated December 2006 prepared by Hamish Firth
   • Wind Opinion Report prepared by Auckland Uniservices Limited (dated November 2006) for the applicant
   • Architects statement by Leushcke Group Architects (dated 5 December 2006) for the applicant
   • Urban design report by Clinton Bird Urban Design Limited (dated 5 December 2006) for the applicant
   • Traffic Impact Assessment by Traffic Solutions Limited (dated 1 December 2006) for the applicant
   • Letter from Yeomans Survey Solutions Limited dated 2 December 2006
   • Arboricultural assessment by Greenscene Limited (dated November 2006) for the applicant
   • Demolition & Construction Methodology (dated February 2007) for the applicant
   • Urban design report by Sue Evans, Council Urban Designer dated 23 March 2007
   • Traffic report by Council Consultant Traffic Engineer (Pravin Dayaram) dated 5 April 2007
   • Arboricultural report by Council Consultant Arborist (Grant Sirl) dated April 2007
   • Heritage report by Peri Buckley, Council Senior Heritage Officer dated 23 May 2007.

   Main Findings of Fact

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

   • Under the Auckland City Operative District Plan 2004 Central Area Section the site is located in SMA 4 (Southern) and in a less pedestrian-orientated area
   • The site and development is subject to Proposed Plan Change 2 to the Auckland City Operative District Plan 2004 Central Area Section
   • The residential activity to be located within the building is a permitted activity under the District Plan
   • The proposed amount of parking is permitted by the District Plan
   • The proposal complies with all applicable height and bulk requirements of the District Plan
   • The proposal has been reviewed favourably by Council's Urban Designer
   • The proposal has been reviewed favourably by Council's Consultant Traffic Engineer
   • The proposal has been reviewed favourably by Council's Consultant Arborist
   • The proposal has been reviewed favourably by Council's Senior Heritage Officer.

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

   General

   (1) Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans, prepared by Leuschke Group, entitled "Eclipse Apartments, 152-156 Vincent Street Auckland Central", being:

   • "Basement plan", sheet no SK -01, Rev C, dated 04/12/06
   • "Level 1 plan", sheet no SK -02, Rev C, dated 04/12/06
   • "Level 2 plan", sheet no SK -03, Rev C, dated 04/12/06
   • "Level 3 plan", sheet no SK -04, Rev D, dated 04/12/06
   • "Level 4, 5, 6 plan", sheet no SK -05, Rev B, dated 04/12/06
   • "Level 7-14 plan", sheet no SK -07, Rev D, dated 04/12/06
   • "roof plan", Sheet no SK -08, Rev A, dated 04/12/06
   • "unit plans", sheet no SK -09, Rev C, dated 04/12/06
   • "section", sheet no SK -10, Rev A, dated 04/12/06
   • "sketch impression - SK 12 'B'", dated 16 April 2007

   And the sketches, prepared by Stephen Mitchell Engineers Ltd, being:

   • "Level 2 plan - floor structure", drg no SK1, dated 13/2/2007
   • "Basement Plan", drg no SK2, dated 13/2/2007
   • "Section A-A", drg no SK3, dated 13/2/2007
   • "Section B-B", drg noSK4 -R1, dated 12/3/2007
   • "Section C-C", drg no SK5 -R1, dated 12/3/2007
   • "Section D-D", drg no SK6, dated 13/2/2007

   And the landscaping plans, prepared by Natural Habitats Landscapes, being:

   • "level 1 plan", sheet no LA01, Rev B, dated 04/12/06
   • "level 2 plan", sheet no LA02, Rev B, dated 04/12/06

   And the landscape plan entitled "Motorcourt landscaping" dated 13/03/07 all referenced by Council as LUC20060878801.

   Demolition and construction

   2. Prior to the commencement of demolition, the consent holder shall erect and maintain in place a screen wall of a minimum height of 1.8m around the site. This wall shall be constructed using either solid materials or heavy gauge wire mesh. This wall shall remain in place until the cessation of demolition works on the site.
   3. Prior to any works commencing on site, the resource consent holder shall submit for the approval of the Council (Manager: Resource Consents, Auckland City Environments ("ACE")), a traffic management plan. The plan shall also address all traffic management details as listed in Appendix 1 to these conditions of consent. Note: The Manager: Resource Consents, ACE shall consult with the Manager: Transport Assets & Operations.
      All work on the site shall be carried out in accordance with the approved traffic management plan required by this condition.
   4. The consent holder shall provide to the satisfaction of the Council (Manager: Resource Consents, ACE) and prior to demolition and construction commencing, a demolition and construction management plan specifying:

   • Who the site manager is and contact details (phone, facsimile, postal address)
   • 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
   • Procedures for controlling and removal of construction materials from public roads or places
   • Proposed numbers and timing of truck movements throughout the day
   • Location of workers conveniences (eg portoloos)
   • Ingress and egress to and from the site for demolition and construction vehicles

   Note: The Manager: Resource Consents, ACE shall consult with the Manager: Transport Assets & Operations.

   All work on the site shall be carried out in accordance with the approved demolition and construction management plan required by this condition.

   5. The loading and unloading of all vehicles and storage of materials, plant and equipment associated with the building construction, shall take place within the site boundaries of this application unless otherwise allowed by the prior written approval of the Council (Manager: Transport Assets & Operations). Use of the kerbside for loading and unloading is to be prohibited during the bus lane operating hours of 6am-10am and 3pm-7pm.
   6. A wheel wash shall be installed and used on the site during the full period of construction to ensure that loose material associated with excavation, removal of soil and debris and delivery of construction materials is not carried by vehicle tyres and deposited on public roads. During such times the road carriageway adjacent to the site shall be hosed down at the end of each working day.
   7. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, channels or soakage systems in accordance with Annexure 8, Earthworks of the Auckland City Operative District Plan 2004 Central Area Section. These measures shall remain in place until the completion of the development.
   8. Prior to any works commencing on the site, the resource consent holder shall obtain the approval of the Council (Manager: Transport Assets & Operations) for the proposed method of protection of footpaths and underlying services affected by the movement of vehicles to and from the site and by works being carried out on the site. Proposed methods may include the laying of timber planks or the provision of a reinforced concrete overlay. The method selected will depend on how the footpath will be impacted by vehicles.
   9. Should any damage occur in the course of development of the site, the consent holder shall bear all costs relating to the reinstatement of the affected footpath, street furniture and trees and/or affected services. All reinstatement work shall be carried out at the direction and to the satisfaction of the Council (Manager: Transport Assets & Operations).
   10. All site works shall be carried out so as not to create a dust nuisance on the site and the surrounding area. In order to prevent the dispersal of dust and other particles from adversely affecting adjoining sites, the consent holder shall dampen the area of earthworks so that the emission of dust and other particles is minimised.
   11. All construction works including mechanical digging equipment and/or commercial earth moving equipment shall be restricted to the hours of between 7.30am to 6.00pm Monday to Friday, and 8.00am to 1.00pm Saturday. No works shall be undertaken on Sundays and public holidays. This is to ensure amenity is maintained for surrounding neighbours. Crane erection, removal and jumps may be undertaken outside of these hours with the specific approval of Council (Manager: Central Area Planning).
   12. There shall be no movement of heavy vehicles to and from the site during the peak traffic periods of normal working days between the hours of 7.00am to 9.00am, and 4.00pm to 6.00pm unless otherwise approved by the Council (Manager, Transport Assets & Operations).
   13. All construction activities carried out on the site shall be designed and conducted in a manner such that any noise from the site shall not exceed the noise limits in rule 7.6.4 of the Auckland City Operative District Plan 2004 Central Area Section.
   14. Footpath crossings no longer required following completion of works shall be reinstated as footpath and the kerbs replaced, to the satisfaction of Council (Manager: Resource Consents ACE). The costs of this work shall be borne by the consent holder.

   Traffic and loading

   15. A clear height of at least 3.8m shall be provided in the loading space and all access to the loading space.
   16. The default setting for the ramp signals shall be set at green for vehicles entering the basement parking.
   17. Deliveries by service vehicles requiring to reverse manoeuvring on or off the road shall be prohibited between the hours of 7am and 6pm. A sign complying with the Auckland City Consolidated Bylaw - Part 27 Signs, indicating this shall be provided.

   Arboricultural

   18. The proposed construction of the 'Eclipse Apartment' complex shall be carried out in accordance with the plans drawn by Leuschke Group referred to in condition 1, with the cantilevered floor section of level one (1), over the existing garden bed area along a section of the western boundary of the site and within the dripline of the scheduled Plane trees carried out as per Stephen Mitchell Engineers Ltd drawings, reference number SK4 - R1 and SK5-R1 dated 12/3/2007.
   19. The consent holder shall employ a Council approved arborist ("appointed arborist") to monitor and supervise all works within the dripline of all the scheduled Plane trees (x4) immediately in front of the site growing within the Council road berm, for the duration of the construction works.

   For ease of identification the trees will be numbered 1-4 in these conditions in the same manner as the Greenscene arboricultural assessment and Council's arborist's report, with Tree No. 1 being the uphill, southernmost specimen and Tree No. 4 being the northernmost specimen.

   20. Prior to any works commencing on site, including the demolition of the existing building an on-site meeting shall be arranged by the consent holder so that the conditions of consent are explained by the consent holder's appointed arborist to all contractors, sub-contractors and work site supervisory staff who are carrying out any works associated with the project within the dripline of any scheduled tree covered by this consent.
   21. The site meeting required by the condition above shall also be attended by the relevant Council's arborist (or representative) and Heritage representative responsible for the tree asset. The consent holder shall give Council's representatives ten (10) working days prior notice of the intended date of the meeting.
   22. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline of any scheduled tree covered by this consent are advised of the conditions of consent and act in accordance with the conditions. A copy of the conditions of consent shall be available at all times on the work site.
   23. Prior to any site works commencing, protective barrier fencing consisting of 1.8 metre high pole/wire mesh fencing material with ground anchor spikes (or accepted alternative approved by the Council arborist, or representative) shall be erected at the extremities of the permeable berm area within the road reserve to totally exclude access or the storage of any materials within the permeable berm area that encompasses the four scheduled Plane trees.
   24. The position of the protective barrier fencing around the northern most Plane tree (tree 4) outside the subject site shall be positioned at a minimum 4 metres distance from the southern trunk base of the tree.
   25. Prior to any site works commencing the suitability and positioning of the protection fencing shall be inspected and, if deemed acceptable, approved by the Council arborist (or representative). Thereafter the condition and position of the protective fencing requirement shall be regularly monitored by the consent holder's site supervisory arborist for the duration of the works.
   26. Prior to any site works commencing the consent holder shall submit to the satisfaction of Council's Arborist (or representative) information on the design, material type and construction methods to be used to form the temporary vehicle crossing. Prior to any site works commencing the approved temporary driveway surface shall be laid over the existing vehicle crossing surface, the Council footpath surface and an extra 1.5m width of the existing permeable berm area to the northside of the existing crossing.

   All vehicle movements to access the site for the purpose of demolition of the existing building, removal of materials and spoil and construction of the new building shall be via the temporary vehicle crossing formation.

   28. All tower crane sections shall be lifted into the site from the carriageway in a manner that avoids any damage to the crown structure of the four (4) Plane trees.
   29. The excavations to create the building footprint to the southside of the existing underground transformer room shall be undertaken in a manner that avoids the need to batter the soil cut face back to the western property boundary line and any exposed root matter shall be attended to in accordance with acceptable arboricultural practises and the soil face and any root matter covered with hessian material or similar until the area is backfilled.
   30. The pruning of the Plane trees required to facilitate the construction of the new building shall be carried out by the Auckland City Council appointed arboricultural contractors. The consent holder will be responsible and reimburse Auckland City all reasonable costs associated with the tree pruning.
   31. The pruning of the Plane trees shall be undertaken in a staged process and carried out at the time the precise building alignment is confirmed as each level of the building progresses from ground level up with the branch reduction requirements to be confirmed on site with the Council arboricultural contractors, the Council arborist (or representative) and the consents holders site supervisory arborist.
   32. The extent of pruning permitted upon the two central of the Plane trees (being Tree No's 2 and 3) shall be limited to the extent of providing a maximum one (1) metre distance from the proposed new building facade with emphasis however on reducing branches to a suitable growth point or side branch to maintain a flowing branch line without leaving stubs in accordance with acceptable arboricultural practises.
   33. The crown structure of any of the four (4) scheduled Plane trees shall not be modified (cut) to facilitate the transportation or placement by way of tower crane or alike any pre-cast concrete panels or any associated building materials, or to undertake the drilling of any pile holes.
   34. The crown structures of the Plane trees shall not be damaged by machinery undertaking work within the subject site.
   35. The existing crib retaining wall located within the subject site and to the east of and within the dripline of the scheduled Plane tree (tree 3) shall remain in place in its entirety and shall not be modified in anyway.
   36. The existing garden bed area between the cribwall and the western property boundary line shall not be modified with the only excavations permitted within the garden area to be limited to digging for the strategically positioned pile holes with the garden bed area to be covered in 'aged' mulch prior to the placement of any permanent structures over the area.
   37. The existing contour and ground level of the garden bed area as described in the above condition shall not be modified with level one (1) of the complex to cantilever over the garden area and be supported on piles and beam respectively above the existing ground levels as per Stephen Mitchell Engineers Ltd Plans, section B-B SK4 - R1 and section C-C SK5 - R1.
   38. An air gap shall be maintained between the underside of the ground beam and the existing ground levels to allow continued air circulation to the existing garden bed area.
   39. Where construction and excavation works are proposed to occur within the dripline of the four (4) scheduled Plane trees, the following tree protection and work methodologies shall be employed:

   1. The removal of the existing impermeable surfaces and concrete kerbs and any associated excavation, including that required for the creation of pole footings, shall be undertaken by way of hand methods (i.e. spade) to identify and preserve all tree roots that may be encountered.
   2. The design of structures that are to be installed on top of pole footing structures shall be such that relocation of footings shall occur if roots that require retention are uncovered.
   3. All tree roots encountered that measure 35mm or greater in diameter are to be retained, carefully worked around and protected from damage. All retained roots shall be protected from drying out by a covering of hessian or similar material that is to be kept damp until the excavated area can be backfilled.
   4. All roots that measure less than 35mm in diameter, whose removal is required only in order to complete the required excavation, shall be cleanly cut back to the edge of excavations with a sharp implement such as a handsaw or a pair of secateurs.
   5. The appointed arborist shall only approve the removal of selected tree roots that measure 35mm or more in diameter where he/she has consulted with the Auckland City RACS Arborist and the Heritage Department Representative responsible for the tree asset.
   6. All pruning of roots that is required shall be undertaken by the appointed arborist only.
   7. When backfilling an excavated area, a 50mm layer of sand or topsoil shall surround all retained roots. The 50mm layer of sand or topsoil around retained tree roots is to be compacted by hand tamping methods only.
   8. Installation of suitable geotextile barriers to act as a barrier between any concrete used and the existing soil is required where concrete is likely to come in contact with tree roots. This is required to prevent any leachate that may adversely affect the health and longevity of adjacent scheduled trees.

   40. The services (water, telecom, gas) shall be installed within one (1) trench of no more than 400mm wide between the two southern most scheduled Plane trees (being Tree No's 1 and 2) with the trench alignment to be at right angles to the Council kerb line and located 6.6m from the trunk base of the southern most Plane tree (Tree No. 1).
   41. The excavations within the Council road berm to install new utility services and to connect to the water supply line within the permeable berm area shall be carried out manually using hand held tools.
   42. The initial excavations for the new electricity transformer room directly adjacent the southern most scheduled Plane tree (Tree No. 1) shall be undertaken manually using hand held tools and under the direct supervision of the consent holders arborist.
   43. The width extension to the existing vehicle crossing shall not exceed 1.5m with the total width of the crossing to be no greater than 4.5m at the kerb line and at the western edge of the Council footpath respectively.
   44. The reinstatement of the existing vehicle crossing and width extension shall be carried out under the strict supervision of the consent holders supervisory arborist.
   45. The applicant shall implement a mist irrigation system and adjustment of appropriate lighting levels to the portion of the trees' canopies that are within the building footprint to assist in the survival of the affected trees to the approval of the Council's Arborist.

   Bond

   46. The consent holder is to undertake a tree assessment report (including colour photographs from recorded positions) of the scheduled Plane trees. This report is to be carried out by a Council approved arborist at the owner(s) expense and co-signed by the Council's arborist. The purpose of this report is to determine what the current health status of the Plane trees are in order to compare it with the health of the tree at the time of release of the bond as detailed below. Any negative effects on the health of this tree as a result of the works (ie foundation, excavations and pruning etc) should then be evident.
   47. To ensure the performance of the above conditions, and continued health of the affected scheduled Plane trees, the consent holder shall pay a bond to the sum of $80,000 to the Council.

   1. This bond shall be paid prior to commencement of works on the site and shall be held as either cash or guaranteed by a registered trading bank in accordance with Council requirements.
   2. The full amount of the bond shall be held for a minimum period of 24 months from the date of completion of construction works on the site. A partial release of 50% of the bond shall be refunded to the consent holder 12 months after formal completion of the construction works provided no damage or substantial decline of the trees is evident at that point in time.
   3. If, during implementation of the consent, as a consequence of a negligent act or deliberate action on the part of the consent holder or another party acting on the consent holder's behalf, the scheduled trees to which the bond relates are, in the opinion of the independent arborist, damaged in any way, the bond shall be forfeited in part or whole to the value of any remedial works, as determined by the independent arborist.
   4. The bond document shall be prepared by the consent holder at its expense and submitted to the Council (Manager: Central Area Planning) for approval. Any costs incurred by the Council in preparing, checking, assessing a release of this bond shall be met by the consent holder.
   5. The bond shall be held in place from the commencement of the consent for the construction of the proposed building. At the end of the bond period (a minimum of 24 months following completion of the project), an independent qualified arborist agreed to by both the consent holder and the Council, shall be engaged by the Council to assess the health and condition of the trees, and submit a written report to the Council to determine whether the bond should be released. The applicant shall meet all costs associated with this work. If, based on the independent arborist's report, the Council considers it inappropriate to release all or part of the bond, a further timeframe shall be set, which is not to exceed one additional year or one growth season of the trees. The bond will be refunded in full where the consent holder demonstrates compliance with the specified tree conditions, and where it is agreed that on expiry of the bond period, the trees show no ill effects, on the dates noted above.
   6. If during implementation of the consent, as a consequence of a negligent act or deliberate action on the part of the applicant or another acting on the applicant's behalf, the scheduled trees are removed or die, Council may undertake removal of the dead tree(s) and plant a replacement tree(s). Such replacement trees should be at least 4 metre specimens of the same species. The cost of such works is to be deducted from the bond. The cost of maintenance of the replacement tree(s) for the following 12 months shall also be deducted from the bond.
   7. Where the damage is considered by Council to place the bonded tree at risk over a longer time period, then a portion of the guaranteed bond (the value as it relates to a replacement tree(s) will be held for a period of 24 months, or 2 ongoing seasons, whichever is the greater.

   Covenants

   48. The Heritage Division required that a covenant shall be placed on the title of each of the units that are within the dripline of the scheduled Plane trees. The intent of the covenant is to inform the owner or potential owners of limitations that will apply to this site and the dwellings and of the owners' obligations. The limitations to be covered in the covenant are as follows:

   • All pruning work on the scheduled Plane trees requires Auckland City Council approval and is to be undertaken by Council's arborist (or Council approved arborist)
   • An application for pruning for reasons of light admission, leaf litter, air, shading views, allergies or health reasons is highly unlikely to be supported by Council;
   • Frequency of pruning may be sought by the owners(s), and undertaken by Council, at intervals of no less than three years, in order to maintain the clearance to the dwellings as stated in below;
   • The unit owner(s) accepts responsibility for the lodgement of all required resource consents for all future pruning associated with maintaining clearance to the dwellings;
   • The unit owner(s) accepts responsibilities for all costs, including costs for scaffolding or other access provisions, resulting from resource consents and their implementation and monitoring;
   • All pruning work is to be undertaken by a Council approved Arborist at the cost of the applicant at any point in time;
   • Pruning will always be limited to maintaining a clearance distance with a minimum distance of 0.5 meters and a maximum clearance distance of 1.0 meters away from the dwelling.

   49. Prior to the completion of construction and occupation of the building, the consent holder shall enter into a formal agreement (in the form of a covenant registered against the Certificates of title) with the consent holder/owners(s) confirming the matters specified in the above condition:

   1. Such a covenant shall be prepared by the consent holder at his/her expense and submitted to the Council (Manager: Resource Consents, ACE) for approval prior to registration. The consent holder shall meet any costs in relation to Council granting their approval.
   2. The covenant is in effect for perpetuity.

   Bicycle Storage

   50. The consent holder shall ensure that secure provision is made within the premises for resident and visitor bicycles. Bicycle storage facilities shall be provided in accordance with the basement floor plan submitted in conjunction with the application.

   Financial Contribution

   51. The resource consent holder shall have paid to the Council as a reserve contribution prior to the commencement of any building development in accordance with this consent, an amount equal to 1% of the value of work of the development as determined by the Council. For this purpose the assessed value of work shall be as defined in Part 16 of the Auckland City Operative District Plan 2004 Central Area Section.

   Monitoring

   52. The consent holder shall pay to the Council a consent compliance monitoring charge of $2000 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and reasonable costs that are 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 $2000 (inclusive of GST) charge must be paid as part of the resource consent fee and the consent holder will be advised of the additional monitoring charge or charges as they fall due. Such additional charges are to be paid within one month of the date of invoice.

   Administrative Charges

   53. The resource consent holder shall pay any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991 or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991, wherever appropriate.

   ADVICE NOTES

   1. At least one disabled park should be provided in the basement parking area.
   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.
   3. 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.
   4. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
   5. 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 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.

   6. 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 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 will as soon as practicable consider the objection at a hearing.
   7. 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.
   8. 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.
   9. 9. Where as a result of more detailed design being carried out on a proposed building, significant differences arise between the plans approved as part of a land use resource consent, and those plans intended to be submitted for a building consent, the resource consent holder should contact Council town planning staff to ascertain whether or not a further resource consent or a change in consent conditions is required to meet those changes.
   10. Where plans submitted for a building consent include changes or additional works which require a new resource consent or changes to an existing resource consent and for which no such authorisation has been obtained, the Council may under Section 37 of the Building Act 2004, attach a certificate to any building consent issued, to the effect that none or only some of the proposed building work may be proceeded with until the further authorisation required under the Resource Management Act, 1991 has been obtained.
   11. Where an application for a unit title subdivision is lodged, the required off street loading spaces and associated service and access areas should be included within the common property area.
   12. The consent holder is requested to ensure that adequate on-site laundry facilities are provided for the tenants of the residential units and that tenants are discouraged from drying washing in the public view, in the interests of residential amenity.
   13. It is essential that the building is allocated a single standard unambiguous street address for both emergency and administrative purposes. Contact should be made with the street numbering section of Auckland City Environments (Oliver Richards tel 353 9351) in order that any issues regarding street numbering can be resolved at an early stage.

   CARRIED

   5.6. 286 MT WELLINGTON HIGHWAY, MT WELLINGTON

   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
   • No persons are considered to be adversely affected.

   That, pursuant to section 94C, there are no special circumstances to warrant notification.

   Pursuant to sections 104B and 104D of the Resource Management Act 1991, the non-complying activity land use application by Vodafone New Zealand Limited to establish a telecommunications facility that:

   • Exceeds the maximum height limit of 15m specified by the Concept Plan, by a maximum of 19 metres.
   • Involves establishing a telecommunications facility in the area controlled by the Sylvia Park Concept Plan.

   Plan Change 90

   • Telecommunication network permitted activities and controlled activities that do not meet one or more of the Development and Performance standards (maximum height) are a discretionary activity.

   at 286 Mount Wellington Highway, Mount Wellington described as Lot 1 DP 170170 90753m2, Lot 2 DP 169445 118839m2, CT 103D/324 be granted consent.

   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 non-complying activity:

   Relevant Statutory Provisions

   The following relevant statutory provisions have been taken into account in the assessment of this application:

   • Part II and sections 104, 104B, and 108.

   The Operative Auckland City District Plan 1999 - Isthmus Section was the relevant planning document including proposed plan change 90 (PC90). The relevant provisions were rules:

   • 4.3.1.2B - Development control modification;
   • G14/15 Concept Plan - Sylvia Park Business Centre (Maximum Height 15 metres)

   Plan Change 90

   • 4A.4.8.1 Network Utility Activities.

   Including the relevant objectives, policies and assessment criteria accompanying these rules.

   Principal Issues in Contention

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

   However, it is Council policy that any application that proposes to infringe the maximum height development control in any zone by more than 3m is required to be presented to the Planning Fixtures Committee for determination.

   Summary of Evidence

   Council has considered the following specialists' reports:

   • Assessment of Environmental Effects by Nicholas Grala of Harrison Grierson Consultants Limited, dated April 12 2007 and;
   • The memo prepared by Ruben Naidoo, Council's Environmental Health Specialist, dated 30 April 2007.

   Main Findings of Fact

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

   • The proposed antennas would not appear visually obtrusive, nor would they disrupt the amenity of the Sylvia Park site.
   • Health and safety effects are considered to be minor due the location of the proposal being elevated from any area accessible
   • to the public and all equipment and antennas being located on the rooftop which is a restricted access area;
   • Overall, the proposal is considered to have minor effects on the environment with no persons considered to be adversely affected; and
   • Recommended conditions of consent by Council's Environmental Health Specialist will ensure that the proposed activity is operated in accordance with the submitted information and that any adverse effects on the environment are minor.

   Reasons for the Decision

   Having had regard to the foregoing matters, the consent authority has determined that the non-complying activity shall be granted for the following reasons:

   1. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, the proposal will generate minor adverse effects on health and safety;
   2. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, Proposed Plan Change 90 and the sustainable management purpose of the Resource Management Act 1991.
   3. The radio frequency exposure will fall off very rapidly with distance and, therefore, at the proposed height, will minimise any potential adverse radiation effects on the public.
   4. The levels of radio frequency exposure will be within the limitations set out in the Auckland City Consolidated Bylaw 1998.

   Conditions of Consent

   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. Those being: Plans drawn by Harrison Grierson Consultants Limited, described as:

   • "Vodafone NZ LTD Sylvia Park (64090437) Mt Wellington, Auckland" drawings 64090437-SP01 "Site Plans: Roof Plan" and 64090437-SP06 "Site Plans: Section A & B", Revision 4.
   • Assessment of effects prepared by Nicholas Grala of Harrison Grierson Consultants Limited, dated April 12 2007.

   All referenced by Council as LUC20070260301

   Monitoring

   2. 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.

   Antenna Operation

   3. The subject antennas referred to in this decision may be modified without further Council approval provided that the number and size of antennas do not increase and the antennas comply fully with all other requirements of Part 28 of the Bylaw and the District Plan.
   4. Upon request from Council, at no lesser intervals than annually, the consent holder shall provide written confirmation to the Resource Consents Monitoring Leader that the proposed antenna are being operated in compliance with Part 28 of Auckland City's Consolidated Bylaw 1998 - Radio Frequencies. This confirmation, if requested shall be produced by a registered engineer or equivalent expert qualified in the field of radio frequencies
   5. In the event of non-compliance with Part 28 of Auckland City's Consolidated Bylaw 1998 - Radio Frequencies, the subject antennae shall cease operation until such time as compliance can be met. Any costs associated with the cessation or operation of all or part of the facility, or the realignment or repositioning of antennas shall be the responsibility of the consent holder.
   6. Prior to the proposed facility commencing operation, a warning sign shall be placed at the access to the building roof to warn any workers or any other members of the public gaining access to this area of the risk and detailing the extent of the affected area.
   7. The antennas are to be operated so that the radiofrequency field does not exceed 250mW cm-2, as measured according to NZS 6609: Part 2: 1990 at any point where people (other than those workers defined within the New Zealand Standard NZS 6609) could reasonably be exposed."

   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;

   • the consent is given effect to; or
   • 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.

   2. 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.
   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 Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Team Leader, Compliance Monitoring 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.

   5. 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 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. 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.

   CARRIED

   5.7. 33-45 GLOVER ROAD, ST HELIERS

   This item has been deferred at the request of the General Manager (City Development).

6. APPOINTMENT OF COMMISSIONERS

   There were no reports requesting the appointment of commissioners to consider.

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

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

   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	37 Natzka Road, Waiheke Island - Planning Appeal Against A Decision Refusing Consent To Construct An Additional 24 Units (To An Existing Retirement Village), Increasing The Total Number Of Units To 60.	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 6 or 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 Environment Court against the Council's decision to refuse consent to construct an additional 24 units (to an existing retirement village) increasing the total number of units to 60, and the disclosure of information relating to the Council's position 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 6 or 7.
   C2	11 Greenlane East, Remuera: Appeal To The Environment Court Relating To A Limited Notified Discretionary Activity Land Use Resource Consent Application	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 6 or 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 remove an existing early 20th century villa and garage and to construct a new healthcare facility within the Residential 6a zone at 11 Greenlane East, Remuera and the disclosure of information relating to the Council's position 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 6 or 7.
   C3	2 Dilworth Avenue, Remuera, Resource Consent 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 6 or 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 construct a childcare centre at 2 Dilworth Avenue,.Remuera and the disclosure of information relating to the Council's position 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 6 or 7
   C4	187 Campbell Road, Greenlane: Appeal: Env-2007-Akl-000125: Logan Trust V Auckland City Council	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 6 or 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 redevelopment of the existing Kingsgate Hotel complex at 187 Campbell Road, Greenlane and the disclosure of information relating to the Council's position 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 6 or 7

   CARRIED

   There being no further business the Chairman declared the meeting closed at 2.27pm.