MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 12 JUNE 2007 AT 11:05 AM

1. APOLOGIES

   That an apology for absence from Cr G A Mulholland due to illness be received and that apologies from Crs W A Christian and C Caughey for early departure be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 29 May 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1 122 REMUERA ROAD, REMUERA

   That an item regarding the demolition of an existing White Cross Medical Centre, and to construct a new three storey Healthcare facility at 122 Remuera Road, Remuera be considered as extraordinary business at agenda item 5.9 for financial and timing expedience.

   CARRIED

4. SIGNS BYLAW APPLICATIONS

   There were no Sign Bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 670 REMUERA ROAD, REMUERA

   Pursuant to section 104C of the Resource Management Act 1991, the non-notified Restricted Discretionary activity land use resource consent application by Christian Adams to remove one Norfolk Island Pine tree at 670 Remuera Road, Remuera, be deferred for officers to seek clarification from the applicant on the proposed two lot subdivision in relation to the removal of the tree and any other matters pertinent to the application.

   CARRIED

   5.2. 51 TRAFALGAR STREET, ONEHUNGA

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

   • The adverse effects on the environment of the activity for which consent is sought are minor; and
   • There are no special circumstances to warrant notification.

   That pursuant to section 94(2):

   • The application be processed on a limited notified basis as the written approval has not been obtained from every person who may be adversely affected by the granting of this resource consent. The notice shall be served on the following persons:

   Person (owner/occupier)	Address
   V D Patel and M M Patel (owner)	21 Viewland Avenue, Onehunga
   The Occupier	21 Viewland Avenue
   V D Patel and M M Patel (owner)	49 Trafalgar Street, Onehunga
   D K Morar and V Morar Parbhu (owner)	56 Symonds Street, Onehunga
   C R Hurley and K L Hurley (owner)	19 Viewland Avenue, Onehunga
   The Occupier	53 Trafalgar Street, Onehunga
   Baker Investments Limited (owner)	1/53 Trafalgar Street, Onehunga
   The Occupier	1/53 Trafalgar Street, Onehunga
   S L Moxham (owner)	2/53 Trafalgar Street, Onehunga
   The Occupier	2/53 Trafalgar Street, Onehunga
   Snikpoh Limited (owner)	3/53 Trafalgar Street, Onehunga
   The Occupier	3/53 Trafalgar Street, Onehunga
   V D Patel and M M Patel	23 Viewland Avenue, Onehunga
   The Occupier	23 Viewland Avenue, Onehunga
   M C Patel and S Patel	18 Viewland Avenue, Onehunga
   The Occupier	18 Viewland Avenue, Onehunga

   CARRIED

   [ATTACHMENT 5.2A]

   5.3. 7 MARLBOROUGH STREET, KINGSLAND

   Pursuant to section 37 of the Resource Management Act 1991, the late submission from Peter and Trish Downward be received.

   Pursuant to section 104B and 104D of the Resource Management Act 1991, the non-complying activity land use application by J Proctor and N Burgess to alter an existing residential building and construct a second residential unit that:

   • Involves alterations and additions to an existing dwelling in the Residential 1 zone
   • Involves alterations and additions to an existing dwelling in the Residential 1 zone, under Plan Change 163
   • Involves the construction of a new dwelling in the Residential 1 zone
   • Involves the construction of a new dwelling in the Residential 1 zone, under Plan Change 163
   • Infringes the density controls for the zone. The proposal involves two residential units on one site in the Residential 1 zone, where only one unit per site is allowed
   • Infringes the 40% minimum landscaped - permeable surface control by 3.6%, or 21.7m2, with 241.6m2 required, and 219.9m2, or 36.4% proposed
   • Infringes the 25% maximum paved - impermeable surface control by 10.8%, or 65.2m2, with 151m2 permitted, and 216.2m2, or 35.8% proposed
   • Infringes the reverse manoeuvring control, as four parking spaces gain access from a local road and the site does not provide for on-site manoeuvring
   • Infringes the front yard landscaping control by 17% , or 15.5m2, with 54.9m2 required, and 43%, or 39.3m2 provided
   • Infringes the front yard landscaping control under Plan Change 163, by 7%, or 6.4m2, with 45.7m2 required, and 43%, or 39.3m2 provided
   • Infringes the minimum outdoor space area of 80m2 unobstructed by buildings control. The existing villa at the front of the site will have an area of open space of approximately108m2, but split between two areas, 35m2 at the front of the house and 73m2 at the rear of the house
   • Infringes the vehicular use of residential sites control, as a parking area is proposed within the front yard

   at 7 Marlborough Street, Kingsland described as Lot 61 DP 3513 C/T 137/127 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 following matters have been taken into account in making the decision set above:

   Relevant Statutory Provisions

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

   • sections 104, 104D and 108 (non-complying activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

   Auckland City District Plan 1999 - Isthmus Section, and proposed Plan Change 163, and in particular the following:

   • Clause 7.3.2 (Residential Activity Objective and Associated Policies)
   • Clause 7.6.1 (Residential 1 Objectives and Associated Policies)
   • Rule 7.7.1 (Activities in the Residential 1-7 Zones)
   • Clause 4.3.1.2B (Development Control Modification)
   • 7.7.2.1 (Density)
   • 7.8.1.5 (Landscaped/Permeable Surfaces)
   • 7.8.1.6 (Paved/Impermeable Surfaces)
   • 7.8.1.7A (Front yard landscaping)
   • 7.8.1.8 (Private Outdoor Space)
   • 7.8.1.9 (Vehicular Use of Residential Sites)
   • 12.8.2.3(ii) (Reverse Manoeuvring)

   Principal Issues in Contention

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

   Summary of Evidence

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

   • The Assessment of Environmental Effects dated 28 November 2006, prepared by John Childs of John Childs Consultants Ltd
   • The letter from G D Lawn, Borough Engineer, dated 22 August 1969, regarding 'conversion of existing dwelling house to three household units'
   • The letter from Shaun Jones of MSC Consulting Group Ltd, dated 16 November 2006, regarding the Stormwater Soakage Design at 7 Marlborough Street
   • The memo prepared by Mr Mike Watson, Council's Consultant Architectural Engineer, dated 02 February 2007
   • The memo prepared by Mr Scott Paton, Council's Development Engineer, dated 9 January 2007
   • The submissions (including late submissions) received as summarised in section 4.2 of this report.

   Main Findings of Fact

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

   • The proposed scale, form and materials used for the alterations and new dwelling are appropriate for the Residential 1 zoned site and surrounding neighbourhood
   • The adverse effects of the proposal are limited to minor construction effects, which will be short term in nature, and necessary for the completion of the works
   • The proposal will reduce the density on site from three residential units to two residential units, and will result in a subsequent reduction in the intensity on the site.
   • All 14 submissions received were in support of the application.

   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 proposed additions will have minor construction effects as a result of the proposal.
   2. The proposal will not compromise the existing amenity of the neighbourhood and streetscape character and shall reduce the number of units on the site from three to two. The heritage character of the street will be maintained, as the alterations to the existing dwelling will upgrade the dwelling to its original form and character, while the new cottage will be in keeping with the scale and form of the existing dwelling and neighbourhood character.
   3. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities (under both the operative District Plan and Plan Change 163), and, in particular, the assessment criteria for additions and alterations to dwellings and new dwellings in the Residential 1 zone, infringements relating to landscaped permeable surfaces, paved impermeable surfaces, reverse manoeuvring, front yard landscaping, private open space, and vehicular use of residential sites.
   4. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, those conditions relating to special character.
   5. 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 activity shall be carried out in accordance with the plans and all information submitted with the application, being described as

   7 Marlborough Street, Kingsland, Proposed Villa Restoration and New Cottage:

   • Site Plan as of 8.06 and Site Plan as Proposed, drawing 01
   • Elevations, drawing 2
   • Floor Plan: Villa as Renovated, drawing 3
   • Villa Elevations, drawing 04
   • Proposed Cottage Floor Plans, Elevations, drawing 05

   prepared by Breakspear and Associates, Architectural Designers, dated August 2006, and referenced by Council as LUC20060868301.

   Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $575.50 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

   The 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.

   Construction

   3. All demolition, earthworks and construction works shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm Saturday. No such work shall occur on Sundays or public holidays.

   Special Character

   4. In order to retain a residential appearance and character in keeping with other residential buildings in the surrounding area, all exterior surfaces shall be painted. All walls shall be clad in weatherboard and all timberwork shall be painted. The colour scheme shall be compatible with the existing house and its neighbours.

   Sediment Control

   5. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems in accordance with the Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for sediment control. In the event that material is deposited on the street, the consent holder shall take immediate action at their own expense, to clean the street. These measures shall remain in place until the completion of the development.

   ADVICE NOTES

   1. The applicant is advised that there may be trees on the property which come within the tree protection rules set out in 5C.7.3 of the district plan and these cannot be cut, trimmed or have work undertaken below the dripline without a prior resource consent. If the applicant wishes to undertake the above mentioned work, a resource consent application will need to be made to the Council. Consent will not necessarily be granted to such an application. Any work undertaken near protected trees should be done in accordance with Annexure 5 of the district plan.
   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 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

   [ATTACHMENT 5.3A]

   5.4. 4/5 NGAROMA ROAD, EPSOM

   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 are nil.

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

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

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

   • Involves external additions and alterations to an existing building within the Residential 2b zone and being subject to Proposed Plan Change 163
   • Involves external additions and alterations to an existing dwelling on a site which exceeds the density control

   at 4/5 Ngaroma Road, Epsom, legally described as LOT 30, part lot 29&31 Deposited Plan 4200, CT NA23B/1028 be granted consent.

   Life of Consent

   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:

   1. the consent is given effect to; or
   2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.

   Pursuant to section 113 of the Resource Management Act 1991 the following matters have been taken into account in making the decision set 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 7.7.1 Activities in the Residential 1-7 Zones;
   • Clause 7.7.2.1 Density
   • Assessment Criteria 4.3.1.2B Development Control Modification.
   • Assessment Criteria 7.7.3.2B Further Criteria to be considered
   • Objectives and Policies 7.6.2.1 Residential 2 (built/flora)

   Plan Modification 163:

   • Clause 7.3.3 Residential Activity
   • Assessment Criteria 7.7.4.3S Further Criteria to be considered
   • Objectives and Policies 7.6.2.1 Residential 2 (built/flora)

   Principal Issues in Contention

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

   Summary of Evidence

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

   • The Assessment of Effects prepared by Renee Von Huben & Matthew Petherbridge, dated 23rd April 2007, and submitted with the application.

   Main Findings of Fact

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

   • The granting of consent to the application will have no adverse effects on the environment. In particular, the proposal will not adversely affect the character of the existing dwelling or the surrounding residential area.
   • The granting of consent to the application is consistent with the relevant assessment criteria, particularly those relating to additions and alterations in Residential 2 zone.
   • The application is consistent with the objectives and policies of the Operative District Plan and the sustainable management purpose of the Resource Management Act 1991
   • No persons are considered adversely affected by the proposal.
   • The written approval of the other cross lease holders on the site has been obtained and submitted with the application.

   Reason for the Decision

   1. The granting of consent to the application will have no adverse effects on the environment.
   2. The application is consistent with the relevant assessment criteria, particularly those relating to development control modification.
   3. The application is consistent with the objectives and policies of the Operative District Plan and no persons considered to be adversely affected by the proposal.

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

   "Deck Additions and New Doors to the House at 4/5 Ngaroma Road, Epsom, Auckland City", sheets C01 - C03, drawn by Julie Malone Design, and dated March 2007.

   and referenced by Council as LUC20070275601

   Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $70.94 (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 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. A copy of this consent should 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 Resource Consents, Monitoring Leader 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.
   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 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 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.
   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. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   5.5. 778-784 MANUKAU ROAD, ROYAL OAK

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

   The adverse effects on the environment of the activity for which consent is sought will be no more than minor; and

   • There are no special circumstances to warrant notification.

   That pursuant to section 94(2), this application be processed on a non-notified basis as:

   • There are no persons considered to be adversely affected by the granting of this resource consent.

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Community Realty Trust Investments Limited to establish a mixed use development that:

   • Involves earthworks with an area greater than 500m2 on an area with an average slope less than 5%
   • Involves the establishment of four residential units within the Business 2 zone
   • Involves the establishment of new buildings and activities within 30m of a Residential zone
   • Provides only 22 car parking spaces on-site, resulting in a shortfall of 19 spaces
   • Requires one loading space to be provided on the subject site for the proposed new activity. As no loading space is provided on-site, a shortfall of one space will result
   • Provides for 14 stacked carparking spaces on the subject site
   • Infringes ramp gradient of 1 in 8 in the Business 2 zone. This proposal provides an internal access ramp with one section at a 1:5 gradient with 1:10 transitions

   at, 778-784 Manukau Road, Royal Oak described as Part Lot 7 Deeds Plan 142 CT 16A/1470 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 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 8.6.2 (Business 2 Objectives),
   • Clause 8.8.1 (Development Control Modification- Clause 4.3.1.2B),
   • Rules 4.3.2.5, 4A.2, 8.7.1, 12.8.1.2, 12.8.1.3, 12.8.2.6 and 12.9.1.1,

   Principal Issues in Contention

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

   Summary of Evidence

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

   • Assessment of Environmental Effects entitled "Assessment of Effects on the Environment 778 Manukau Road, Royal Oak, Auckland", prepared by Positive Planning, and dated 4 April 2005
   • "Engineering Infrastructure Assessment Report, Proposed Development at 778 Manukau Road, Royal Oak", prepared by MSC Ltd, and dated December 2004
   • "Land Management Plan Proposed Development at 779 Manukau Road, Royal Oak", by MSC Ltd, and dated December 2004
   • "Application for Resource Consent Proposed Commercial/residential Development 778 Manukau Road, Royal Oak Traffic Impact Assessment", prepared by Tuohey Consulting Ltd and dated 31 March 2005
   • Traffic Impact Assessment prepared by Bruno Royce of GHD Ltd, Council's Consultant Traffic Engineer, and dated 1 July 2005
   • Correspondence received from E. Ting Wong of GHD Ltd, Council's Consultant Traffic Engineer, and dated 10 May 2007
   • Memo prepared by Scott Paton, Council's Development Engineer, dated 19 May 2005

   Correspondence received form Scott Paton, Council's Development Engineer, dated 8 May 2007.

   Main Findings of Fact

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

   • The proposed building's scale, form and materials are appropriate for the Business 2 zoned site and surrounding neighbourhood. The design of the frontage onto Manukau Road is of human scale and will provide an active frontage. The verandah and glazed frontage will complement the surrounding buildings.
   • The design of the vehicle access from the ACC Carpark at the rear of the site will result in no more than minor adverse traffic safety or capacity effects upon the surrounding road network and parking environment. Given that no new vehicle crossing is proposed, it is considered that pedestrian safety will be maintained.
   • No persons are considered to be adversely affected by this proposal.
   • The Transport and Urban Linkages Committee at its meeting of 7 May 2007 (Open Agenda, Item 10) resolved that, in order to facilitate better traffic management, safety and urban design outcomes, approval be given to the granting of an easement over the Council carpark at 760 -770 Manukau Road in favour of this property, subject to certain requirements.

   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 proposed scale, form and materials are appropriate for the Business 2 Zone site, and there is adequate capacity in the surrounding environment in relation to parking and traffic generated by the proposal.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, in particular, Clause 8.7.3.2, 'General Criteria for Assessing Discretionary Activities', Clause 8.7.7.2.1 'Criteria for Assessing Controlled Activities in the Mixed Use Zone' (in accordance with Clause 8.7.3.3.4(c)), Clause 12.9.1.2 (c) and (d), 'Criteria for Assessing Discretionary Activities', and Clause 4.3.1.2B 'Development Control Modification Criteria'.
   3. The imposition of the following conditions will ensure that there are no more than minor effects in granting the application and that the proposal is undertaken in accordance with the plans provided.
   4. 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, being described as

   • Assessment of Environmental Effects titled "Assessment of Effects on the Environment 778 Manukau Road, Royal Oak, Auckland", prepared by Positive Planning, and dated 4 April 2005
   • "Engineering Infrastructure Assessment Report, Proposed Development at 778 Manukau Road, Royal Oak", prepared by MSC Ltd, and dated December 2004
   • "Land Management Plan Proposed Development at 779 Manukau Road, Royal Oak", by MSC Ltd, and dated December 2004
   • "Application for Resource Consent Proposed Commercial/residential Development 778 Manukau Road, Royal Oak Traffic Impact Assessment", prepared by Tuohey Consulting Ltd and dated 31 March 2005
   • Letter entitled "re: application for resource consent at 778-784 Manukau Road, Royal Oak LUC20050196901", prepared by Goodward Guthrie Architecture Ltd and dated 4 May 2005
   • Letter entitled "Resource Consent application at 778-784 Manukau Road, Royal Oak", prepared by Positive Planning Ltd, and dated 9 May 2005
   • Draft agreement with Auckland City Council on retention of building within road widening area, by Nalisha Kesha from ACE, dated 30 May 2005
   • Plans RC01-04, entitled "New Commercial Development 778 Manukau Road, Royal Oak", prepared by Goodward Guthrie Architecture Ltd, dated 28 February 2005 and received by Harrison Grierson 15 May 2007;

   and referenced by Council as LUC20050196901.

   Monitoring

   2. The consent holder shall pay the Council a consent compliance monitoring charge of $585 (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 $585 (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.

   Financial Contribution for Developments in the Business 2 and 3 Zones

   3. In accordance with Rule 4B.5.4 of the Auckland City Operative District Plan 1999 (Isthmus), the consent holder shall pay to Council by bank cheque or electronic transfer, a financial contribution for the development of $16,041.24, plus GST of $2,005.16 for a total amount payable of $18,046.40, prior to the issue of the Building Consent for this development. This contribution is based on 416.13m² of additional commercial floor space requiring a contribution of 6% of the estimated value of the building works, and recognises that 386.7m² of the additional commercial floor area is office space located on the first floor level and qualifies for a 50% reduction on the assessed contribution. The additional commercial floor space has been valued at $1,200.00 per metre square (excluding GST as per Rule 4B.5.4).

   Financial Contribution for Residential Developments

   4. In accordance with Rule 4B.4 of the Auckland City Operative District Plan 1999 (Isthmus), the consent holder shall pay to Council by bank cheque or electronic transfer, a financial contribution for the development of $106,653.92, plus GST of $13,294.88 for a total amount payable of $119,653.92, prior to the issue of the Building Consent for this development. This contribution is based on the value of 18m² of the site, and 12m² at $430 per square metre, for the 4 new residential units. The property has been valued at $675,000 (incl. GST).The consent holder shall either pat the full amount of the financial contribution within 30 days of receipt of the decision or prior to issue of the building consent.

   Easement

   5. As per the Transport and Urban Linkages Committee resolution at its meeting of 7 May 2007 (Open Agenda, Item 10), an easement is to be registered on the Certificate of Title to provide a vehicular Right of Way across the ACC Carpark at 760-770 Manukau Road in favour of the property at 778-784 Manukau Road (the site subject to this consent) to the satisfaction of Council's Resource Consent Monitoring Leader and at full cost to the applicant. The full value of this easement shall be paid by the consent holder in accordance with Council's policy as approved by Council's nominated solicitor. The location of the easement shall be at Council's discretion at the time of creation, now or in the future. The consent holder shall cover any costs associated with such an alteration in location. The occupation of the building should not commence until the registration of the easement against the title has been completed.

   Road Widening Designation

   6. If at any time during the 12 year term of designation G09-39, the Council wishes to implement the road widening, the owner shall within receipt of six months notice form Council, remove any impeding objects including but not limited to parking spaces, landscaping etc, at no cost to Council.
   7. After the above mentioned notice period should the consent holder fail to remove any impeding objects the Council may effect their removal. Legal processes may be pursued to recover the costs incurred, payable by the consent holder.
   8. Should the Council give effect to the designation, the consent holder shall not be eligible for any compensation associated or arising from loss of any impeding objects that have been constructed, placed, or installed within the designated land since the date the designation was notified.
   9. An encumbrance shall be placed upon the Certificate of Title for the property at the cost of the consent holder outlining that no compensation shall be awarded and that impeding structures shall be removed at no cost to Council as required by Council.

   Parking

   10. Prior to the occupation of the building, each pair of stacked parking spaces shall be allocated to staff, or a residential unit. These shall be sign-posted or similar to identify the intention of the parking prior to the occupation of any of the units within the building.
   11. One of the on-site parking spaces shall be designated for the disabled as per the requirements of New Zealand Standard 4121 prior to the occupation of any of the units within the building. This space shall be conveniently located adjacent to the main entrance to the building.
   12. The basement parking area shall be provided with a minimum height of 2.3m, expect where warning signs are provide, where the height may be reduced to a minimum of 2.1m.
   13. Visual and audible warning devices shall be installed to alert pedestrians of vehicles exiting the basement carparking.
   14. A recycling and waste management plan shall be submitted to, and approved by Council (Resource Consent Monitoring Leader), prior to occupation of the property.
   15. All access, parking and manoeuvring areas shall be formed, provided with an all weather surface, drained and marked out to the satisfaction of the Resource Consent Monitoring Leader, prior to the activity commencing.
   16. Prior to commencement of any works on the site, the consent holder shall provide to the satisfaction of the Resource Consents Monitoring Leader, and in consultation with Traffic Assets and Operations, a site management plan and traffic management plan that shall include:
       The name, telephone number and address of the site manager
       • Measures to be used to maintain the site in a tidy condition including the storage and disposal of rubbish, unloading and storage of building materials and location of workers conveniences eg Portaloos.
       • The location of ingress and egress during earthworks and construction on the site
       • The proposed numbers and timing of truck movements throughout the day.

   Construction/Earthworks

   17. The consent holder shall ensure that all construction complies with the noise levels contained within the District Plan or NZS 6803:1999 Acoustics- Construction Noise, whichever is the more restrictive.
   18. Earthworks and construction shall not commence prior to 7am and shall not continue past dusk, or 6pm, whichever is earlier, Monday to Friday and Saturday, from 7:00am to 1:00pm. No works are permitted on Sundays or on public holidays.
   19. The entrance to the construction site shall have a stabilised strip of course aggregate that shall be maintained in place and a water blaster shall be provided to wash wheels prior to the vehicles leaving the site.
   20. The roads and pavements adjoining the site shall be kept free of mud and soil at all times.
   21. All erosion and sediment control measures shall comply with the "Erosion and Sediment Control Guidelines for Earthworks', ARC TP90. The earthworks contractor shall maintain the stability of the land and property at the boundary of the site. Control measures required shall be maintained and monitored daily.

   Engineering

   22. Disposal of stormwater for this development shall be to on-site soakage complying with the requirements of ACC Soakage Design Manual issued February 2003. Final soakage test result shall be submitted with the building Consent Application. Details shall be to the satisfaction of the Resource Consent Monitoring Leader in consultation with ACC Development Engineering.

   Acoustic Certification

   23. Prior to the issue of a building consent, the consent holder shall provide certification to the Council (Team Leader, Incident Management) from an experienced acoustical consultant confirming that:
       • The indoor design level of the Balance Noise Criterion (NCB) 30 shall not be exceeded in any habitable room, assuming the building is exposed to a noise level of 60dBA (L₁₀) at all site boundaries. These levels shall be achieved whilst adequate ventilation (to the requirements of the Building Regulations 1992) is achieved.
       • The building elements which are common between activities are constructed to prevent noise transmission (to the requirements of Clause G6 of the Building Regulations 1992).

       Measurements and assessment shall be in accordance with the requirements of the NZS 6801:1991 "Measurement of Sound" and NZS 6802:1991 "Assessment of Environmental Sounds". The noise shall be measured with a sound level meter complying at least with the International Standard IEC 651 (1979): Sound Level Meter, Type 1.

   ADVICE NOTES

   1. The consent holder shall be advised of Council's requirements outlined in Metrowater Development and Connection Standards issued Feb 2005, particularly the requirements for:
      • On-site separation of private drainage reticulation
      • Clearance requirements for works in relation to public services
      • Protection of services in relation to construction activities
      • Water supply connections
      • Details shall be provided with the building consent application.
   2. The consent holder shall be advised that further requirements may be imposed with respect to accessways/drives and servicing with any subsequent subdivision, cross lease or unit title applications.
   3. The proposed connections for drainage may involve works on adjacent properties. These affected property owners would be required to provide their written consent before any building consent is issued.
   4. Any alteration to public drains requires "Engineering Approval" from ACE Development Engineering prior to a building consent being issued. Any works on adjacent properties shall require affected owners written approvals.
   5. Final approval for stormwater soakage in the basement area shall be under a building consent application. Stormwater flooding and maintenance will be key issues addressed under the approval given. Electrical and lift equipment may have to be installed above potential floodwaters. A section 72 notice on the title may be required under a building consent application.
   6. 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 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.
   7. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   8. 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.
   9. The consent holder shall be required to confirm the adequacy of the public water supply to provide for fire fighting as required by SNZ PAS 4509:2003. Confirmation shall be in the form of a written report from the NZ Fire Service. Any shortfalls in the adequacy of the public supply shall be mitigated by the Consent Holder to the satisfaction of the ACE Team Leader (Monitoring) prior to any occupancy of the buildings. Alternative acceptable solutions such as sprinklers and storage are detailed in SNZ PAS 4509:2003.
   10. If you disagree with any of the above conditions IF newlots = 0 "" " (excluding the condition relating to the financial contribution for development)"  (excluding the condition relating to the financial contribution for development) 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. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   [ATTACHMENT 5.5A]

   5.6. 470-474 BROADWAY, NEWMARKET

   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 BD Group Design to undertake works that:

   • Involves upgrading the fuel storage facility and stormwater discharge of an existing service station
   • Involves the location of an activity on a contaminated site

   at 470-474 Broadway, Newmarket described as LOT 1 DP 141667, CT 84A/291 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.

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Clause Rule 8.3 (Business General Objectives and Policies)
   • Clause Rule 8.6.4.1 (Business 4 Objectives and Policies)
   • Clause Rule 8.7.1 (Service Station)
   • Clause 5E.7.1C (Locating Works on a Contaminated Site)

   Principal Issues in Contention

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

   Summary of Evidence

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

   • The Assessment of Effects prepared by David Bissett of BD Group Design Ltd
   • The plan drawings by BD Group Design Ltd and dated Dec. 2006
   • Spill Contingency Plan submitted by David Bissett of BD Group Design Ltd
   • The review by Mervyn Chetty, the Council's environment health specialist, dated 16 May 2007.

   Main Findings of Fact

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

   • The proposed works will be relating to underground tanks and will not affect existing buildings on the ground
   • The scale of the proposed fuel storage will be slightly reduced and the quality of stormwater discharge will be improved
   • Information about site contamination will only be obtainable during the construction works.

   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 have minor adverse effects arising from upgrading an existing hazardous facility on a contaminated site, construction noise and storm water discharge.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular upgrading of service stations and locating works in a contaminated site.
   3. The imposition of the following conditions will ensure that any adverse effects, and, in particular, from contamination and noise will be adequately mitigated.
   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.

   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 Caltex Broadway 470-474 Broadway Newmarket and entitled:
      • N05470AB01-as built site layout plan by BD Group Ltd. and dated Dec. 2006
      • N05470A01-proposed site layout plan by BD Group Ltd. and dated Dec. 2006
      • N05470C031-stormwater services site layout plan by BD Group Ltd. and dated Dec. 2006
      • N05470C050-proposed surface finish site layout plan by BD Group Ltd. and dated Dec. 2006
      • The Assessment of Effects prepared by David Bissett of BD Group Design Ltd

      referenced by Council as LUC20070234101.

   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.

   Contamination

   3. That the consent holder shall undertake a contamination investigation at the site to determine the nature and extent of the potential contamination in soil and groundwater in accordance with Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the Environment, 1999, and provide a report of site contamination investigation to the satisfaction of the Resource Consent Monitoring Leader, Auckland City Environments.
   4. If the concentrations of the contaminants is found to exceed either (a) the Tier 1 Soil Acceptance Criteria for residential land use and/or for protection of groundwater quality, specified in Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the Environment, 1999, or (b) The Canadian Soil Quality Guidelines for The Protection Of Environmental And Human Health: residential use, Canadian Council of Ministers of the Environment, 2001, following conditions (5) and (6) shall apply.
   5. That the consent holder shall, submit a remediation action plan to the satisfaction of Resource Consent Monitoring Team Leader, Auckland City Environments, and then undertake remediation works in according to the approved remediation plan.
   6. That the consent holder shall, following completion of remediation works, undertake a validation exercise to confirm the performance of the remediation works and to identify residual contamination at the site and provide to satisfaction of the Resource Consent Monitoring Team Leader a Site Validation Report.
   7. The Site Validation Report shall include:
      1. soil test results for the excavated areas and capping materials (if any)
      2. scaled plans (plan and elevation views) showing the location and containment details(if any) of any contaminated materials relocated on the site
      3. An on-going monitoring and management plan (if needed)
      4. Evidence of disposal of contaminated materials in a licensed facility.

   Hazardous facility

   8. That the consent holder shall ensure that monitoring wells shall be installed in suitable locations and provide a site plan indicating the location of all monitoring wells at the site to the Resource Consent Monitoring Team Leader, Auckland City Environments.

   Construction Noise

   9. All earthworks and construction works shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm Saturday. No such work shall occur on Sundays or public holidays. All construction works shall comply with the construction noise limitations of the District Plan.

   ADVICE NOTES

   1. The above mentioned reports and plans should be prepared in accordance with the Contaminated Site Management Guidelines No. 1 Guidelines for Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2003.
   2. ARC discharge consent or approval may be required for the remediation action works.
   3. 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.
   4. 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, 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.
   6. If you disagree with any of the above conditions IF newlots = 0 "" " (excluding the condition relating to the financial contribution for development)"  (excluding the condition relating to the financial contribution for development) 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. Pursuant to section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   5.7. 165 LADIES MILE, ELLERSLIE

   Pursuant to section 104B of the Resource Management Act 1991, the notified discretionary activity subdivision application by D H Faulls for a freehold subdivision that:

   • Provides a right of way to Lot 2 that has a minimum width of 2.90 metres
   • Involves external alterations to an existing building on a site zoned Residential 1

   Pursuant to section 104B of the Resource Management Act 1991, the notified discretionary activity land use application by D H Faulls for the removal of a generally protected tree and development control modifications as a result of the subdivision that:

   • Infringes the minimum landscaped permeable control on Lot 1 by 2.86% resulting in the total landscaped permeable coverage on the site being 36.1%, with 184.6 m² required
   • Infringes the maximum paved impermeable coverage control on Lot 1 by 4.2% resulting in the total paved impermeable coverage on the site being 28.5% with a total of 115 m² allowed
   • Infringes the private open space requirements of the Operative District Plan as a split private open space is proposed for the dwelling on Lot 1
   •  Involves the removal of a generally protected Bottlebrush tree located on the site

   at 165 Ladies Mile, Ellerslie (PT LOT 56 DEEDS PLAN 1397 BLACK) described on Auckland City Council Plan Number T6109/31, 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)
   • section 220 (conditions on a subdivision consent)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Plan Modification 163
   • Part 5-General Rules-tree protection
   • Part 7-Residential Activity (Residential 1 objectives & policies)
   • Part 11-Subdivision
   • Part 12-Transport

   Principal Issues in Contention

   The application was publicly notified, and no submissions were received. The issue of contention centred on whether the creation of a new lot in the Residential 1 zone would be in conflict with the objectives & policies of the Residential 1 zone and Plan Change 163.

   Council has assessed both the merits of the application, and the adverse effects on the environment that shall or could result from the development. Accordingly, Council has deemed that the adverse effect of the activity on the environment will be no more than minor.

   Summary of Evidence

   This application was not the subject of a contested hearing. However, Council has considered the following specialists' reports:

   • Subdivision Application Report - Lots 1 and 2 Being Proposed Subdivision of Pt. Lot 56, Deeds Plan 1397, 165 Ladies Mile, Ellerslie for D Faulls, prepared by Brian Cowley Surveying Ltd, dated 2 June 2006
   • Scheme Plan of Lots 1 & 2 Being a Proposed Subdivision of Pt Lot 56 & Easements Over Lot 1 DP 208293, prepared by Brian Cowley Surveying Ltd, dated June 2006
   • The memorandum prepared by Council's Development Engineer, Mahesh Daharmaratne, dated 3 November 2006
   • The memorandum prepared by Council's Arborist, Gerard Mostert, dated 3 September 2006
   • Letter prepared by Brian Cowley Surveying Ltd, dated 15 January 2007, request for removal of a deck

   Main Findings of Fact

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

   • Having had regard to the information provided in the application, Council considers that the site is suitable for the development, and will not be contrary to the objectives and policies of the Residential 1 zone requirements. Conditions are proposed to mitigate any adverse effects as assessed by this report, as contained below for the subdivision and land use consents.

   Reasons for Consent

   1. The granting of consent to the applicant's proposal will have no more than minor effects on the environment. In particular, the development will have no more than minor effects on the residential character and visual amenity of the surrounding environment.
   2. The granting of consent to the applicant's proposal consistent with the relevant assessment criteria for discretionary and restricted discretionary activities. In particular, the vehicle access, tree removal and the living courts infringements shall not have more than a minor adverse effect on the environment. Replacement planting conditions as mitigation are to be imposed to offset the tree's removal.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are minor and, in particular, ensure that the proposal is built in accordance with the plans and application material submitted to Council.
   4. The applicant's proposal is consistent with the objectives & policies of the Operative District Plan, and the sustainable management purposes of the Resource Management Act 1991.

   Pursuant to section 108 and, in respect of the subdivision proposal, section 220 of the Resource Management Act 1991, this consent is subject to the following conditions:

   1. LAND USE 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:
         • Subdivision Application Report - Lots 1 and 2 Being Proposed Subdivision of Pt. Lot 56, Deeds Plan 1397, 165 Ladies Mile, Ellerslie for D Faulls, prepared by Brian Cowley Surveying Ltd, dated 2 June 2006
         • Scheme Plan of Lots 1 & 2 Being a Proposed Subdivision of Pt Lot 56 & Easements Over Lot 1 DP 208293, prepared by Brian Cowley Surveying Ltd, dated June 2006

         all referenced by Council as LUC20060180702.

      Monitoring

      2. The consent holder shall pay the Council a consent compliance monitoring charge of $340.00 (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 $340.00 (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.

      Tree Conditions

      3. All tree work shall be carried out by a competent arborist in accordance with accepted arboricultural practice.
      4. Immediately following development of the property, the consent holder shall plant at least two suitable replacement specimen trees within the property. Replacement trees shall be at least pb 95 and at least 1.8 m tall at the time of planting. The replacement trees shall be maintained thereafter. The consent holder shall notify the Resource Consents Monitoring Leader after the replacement planting to arrange for an inspection.
   2. SUBDIVISION CONDITIONS

      Easements

      5. That drainage easements labelled 'D' be granted or reserved.
      6. That service easement labelled 'A' be granted or reserved.
      7. That Right of Way easements labelled 'A' and 'B' be created and granted or reserved.
      8. That drainage easements are to be created and granted or reserved over any private stormwater drains traversing lots other than those being served or certificates pursuant to section 461 of the Local Government Act and are to be registered against the appropriate certificates of title. A section 461 Certificate will not be required until the Section 224-(c) stage.
      9. That a certificate pursuant to section 224(c) of the Resource Management Act will not be issued until conditions (11) to (19) have been met to the satisfaction of the Council and at the owners expense.

      Wastewater

      10. That all necessary pipes and ancillary equipment are to be supplied and laid to divert the existing private wastewater drain that serves the existing dwelling on Lot 1 clear of the future building platform on Lot 2. The new work is to be up to the connection with the public sanitary sewer manhole through easement "D" on Lot 2.  A building consent is required for this work.

      Stormwater

      11. That all necessary pipes and ancillary equipment are to be supplied and laid to divert the existing private stormwater drain that serves the existing dwelling on Lot 1 clear of the future building platform on Lot 2. The new work is to be up to the connection with the public stormwater pipe through easement "D" on Lot 2.  A building consent is required for this work.
      12. That all stormwater runoff from roofed and paved areas from Lot 1 be collected and drained as per condition (11) above. Any abandoned gully traps and pipe connections shall be blanked off satisfactorily to avoid any infiltration. A building consent will be required for this work.

      Access

      13. A vehicle parking area suitable for two vehicles is to be constructed on Lot 1. This area is required to be served by a suitable area for on-site reverse manoeuvring. A building consent is required for any private drainage.
      14. The Right of Way areas marked "A" and "B" are to be formed, paved and drained to Auckland City Council specifications including the provision of stormwater catchpits and/or slot drains within the boundaries of the Right of Way and where necessary the provision of kerbing or similar to prevent water flowing on to other property (including the footpath).

          An Engineering Right of Way Approval application including detailed engineering plans and calculations for construction of this work is required to be submitted and approved prior to the works commencing. The plans and calculations are to be submitted to Auckland City Environment's Development Engineering. This approval needs to be obtained by formal lodgement of drawings for engineering plan approval and the work can only commence after these drawings have been approved

          A separate building consent will be required for any drainage work required on the drive.

          Note: A Section 224(c) Certificate will not be issued for subdivision without Development Engineering Approval of the Right of Way / Access Lot works and these being signed off by Development Engineering as having being satisfactorily constructed, inspected by Development Engineering (not a building inspector) and "As-builts" provided.

          Alternatively: If it is intended to re-use the existing concrete drive, then this must be proven to be constructed to Council's engineering standards. A retrospective Engineering Approval will be required to be obtained and is to address the adequacy of the existing pavement construction. A proposal for the testing is to be presented with the engineering application for approval prior to the testing commencing. The testing will be required to include as a minimum;

          1. An as-built plan showing levels, cesspit/grade locations.
          2. Core samples at locations down the centreline of the paved ROW, and
          3. Test results by an IANZ Laboratory (International Accreditation New Zealand) of the crushing strength demonstrating that the design strength has been achieved, or concrete delivery dockets for the work.
          4. Certification by a Registered Engineer endorsing the above.

      As Builts

      15. With respect to above conditions (10) to (14) please provide copies of any Code Compliance Certificate(s) for the drainage work(s) or copies of the Auckland City Council Inspections Officer's sign off and drainlayer's signed "As Built" drainage plans with the application for the issue of a certificate pursuant to Section 224(c) of the Resource Management Act 1991 relating to this application.

      Other

      16. The existing deck as shown on ACC plan T6109/31 be removed to accommodate sufficient space for the parking pad and the private outdoor living shown.
      17. The paving at the front of the existing dwelling on Lot 1 as on ACC plan T6109/31 is removed and reinstated with permeable surface.

   ADVICE NOTES

   1. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution of $31,183.88 (including GST) will be payable on this development. A notice of assessment for this amount will be sent in due course. Please note that a section 224C certificate will not be issued until the development contribution has been paid.

      Please note that a development contribution may be recalculated for any subsequent land use, subdivision or building consent applications in accordance with the development contribution policy. Please note that any future land use, subdivision, or building consent applications in relation to this proposal will be subject to the latest development contribution policy. Any previous financial contribution or development contribution paid will be taken into account when assessing development contributions on future consent applications.

   2. There exists public stormwater and sanitary sewer drains traversing within Lot 2. Connections to these drains are not yet required at this stage. They will be required to be installed at the time the new dwelling is constructed. Details and calculations of the connections will be required and checked at the building consent stage.
   3. A Separate land use consent for trees may be required at building consent stage to remove an Indian Cedar standing within the theoretical building footprint, and a Queensland Frangipani standing immediately to the east of it. If the building footprint is the same as that shown in the subdivision application, Council's arborist Gerard Mostert has commented that he would support consent for these tree removals at building consent stage.
   4. In the event that the footpath, berm and vehicle crossing fronting this site is damaged from construction work relating to this development, the consent holder is to carry out the necessary repair works to Council's satisfaction.
   5. All water supply connections to the Metrowater supply main shall be designed and installed in accordance with Metrowater's "Development and Connection Standards" and be made by a Metrowater approved contractor. For details please contact Metrowater. All dwellings on site are required to have their own separate independent water supply. All water meters shall be positioned at the road frontage boundary
   6. Any provision being made for telecommunications, power or gas to this subdivision are to be underground and are to be to the requirements of the respective utility services.
   7. This Resource Consent will expire five years after the date of commencement unless: (a) a survey plan is presented to Council for approval under Section 223 of the Resource Management Act 1991, and that plan is deposited within three years of that approval date; or (b) an application is made under Section 125(1)(b) of the Resource Management Act 1991 to extend that period.
   8. Please note that a fee is payable upon lodgement of an application for the issue of a certificate pursuant to section 224(c) of the Resource Management Act 1991 relating to this application. Please contact Auckland City Environments for the current fee.
   9. 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 that 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.

   CARRIED

   Note: Cr Fryer vote requested that her vote against the decision be recorded.

   [ATTACHMENT 5.7A & 5.7B]

   5.8. 11 PAPAHIA STREET, PARNELL

   That pursuant to section 93 of the Resource Management Act 1991, this subdivision and land use applications be publicly notified because the adverse effects are considered to be more than minor.

   CARRIED

   [ATTACHMENT 5.8A]

   5.9. 122 REMUERA ROAD, REMUERA

   DECISION ONE

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

   • The adverse effects on the environment of the activity 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 that warrant notification of the application.

   DECISION TWO

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Verne Developments Limited to undertake earthworks and construct a Health Care facility that:

   • involves the establishment of a Health Care Services facility on the subject site
   • infringes the front yard landscaping control by 72%, or 78.4m2, with 108.4m2 required, and 30m2, or 28%, provided, along the site's southern (Remuera Road) frontage
   • infringes the front yard landscaping control by 65%, or 70.4m2, with 108.4m2 required, and 38m2, or 35%, provided, along the site's northern (Beatrice Road) frontage
   • infringes the maximum paved - impermeable surface control by 28%, or 570.7m2, with 547.5m2 allowed, and 1168m2, or 53% proposed
   • infringes the minimum landscaped - permeable surface control by 97%, or 808m2, with 876m2 required, and 98m2, or 3% proposed
   • involves vehicular use of residential sites, as the proposed parking areas are located in a required landscaped area
   • infringes the Vehicular Access over Footpaths control, the proposal involves two vehicle crossings, which have a combined width of 12m, thus infringing this control by 5m
   • requires 104 parking spaces to be provided on the subject site and provides 81 parking spaces
   • infringes the requirement for a solid wall screen 1.8m in height to screen more than four parking spaces from residential properties opposite its Remuera Road boundary
   • is unable to achieve complying on-site reverse manoeuvring for six vehicles
   • involves a loading spaces that does not meet the manoeuvring dimensions
   • requires 10 stacked carparking spaces on the subject site
   • involves 8500m³ of earthworks

   at 122 Remuera Road, Remuera described as Lot 1-2 208010, held as NA134D/463 be granted consent.

   Life of Consent

   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;

   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 reasons for this discretionary activity consent are as follows:

   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 Council District Plan 1999 - Isthmus Section and in particular the following:

   Operative

   • Clause 4.3.1.2B (Development Control Modification)
   • Clause 4.3.2.5 (Restricted Controlled Activities)
   • Clause 4A.2 (Rules for General Activities)
   • Clause 7.6.7 (Residential 7 Objectives and Policies)
   • Clause 7.7.4.2 (General Criteria for Assessing Applications for Discretionary activities)
   • Clause 7.7.4.3 (Further Criteria to be considered)
   • Clause 12.8.1 (Parking)
   • Clause 12.8.2 (Access)
   • Clause 12.9.1.2 (Criteria for Assessing Discretionary Activities).

   Principal Issues in Contention

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

   Summary of Evidence

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

   Applicant

   • Architectural Design Statement, prepared by Herbst Architects, dated 5 November 2006;
   • Report prepared by Traffic Engineer, Ian Constable, of Traffic Solutions Limited, dated 6 December 2006;
   • Letter prepared by Sean O'Donnell, of Hydraulic Services Consultants, dated 6 December;
   • Report prepared by Urban Designer, Clinton Bird, of Clinton Bird urban Design Ltd, dated 7 December 2006;
   • AEE prepared by Hamish Firth, of Mount Hobson Group, dated 11 December 2006;
   • Letter prepared by Geotechnical Group Manager, J. D. Johnson, of Tonkin and Taylor, dated 13 December 2006;
   • Letter prepared by Traffic Engineer, Ian Constable, of Traffic Solutions Limited, dated 21 December 2006;
   • Letter prepared by Lance and Nicky, of Herbst Architects, dated 22 December 2006;
   • Report prepared by Environmental Engineer, Rhys Hegley, of Hegley Acoustic Consultants, dated January 2007;
   • Letter prepared by Hamish Firth, of Mount Hobson Group, dated 19 January 2007;
   • Letter prepared by Sean O'Donnell, of Hydraulic Services Consultants, dated 27 March 2007;
   • Letter prepared by Structural Engineer, Stephen Mitchell, of Stephen Mitchell Engineers Ltd, dated 29 March 2007;
   • Email prepared by Shane Wiles, of Natural Habitats, dated 3 April 2007;
   • Letter prepared by Nicky Herbst, of Herbst Architects, dated 4 April 2007;
   • Letter prepared by Traffic Engineer, Ian Constable, of Traffic Solutions Limited, dated 12 April 2007; and
   • Letter prepared by Traffic Engineer, Ian Constable, of Traffic Solutions Limited, dated 17 April 2007.

   Council

   • Report prepared by Council's Consultant Environmental Engineer, Michael Riley, dated 21 March 2007
   • Letter prepared by Council's Consultant Geotechnical Engineer, Richard Simmons, dated 22 March 2007
   • Email prepared by Council's Traffic Safety Engineer, dated 30 march 2007
   • Report prepared by Council's Consultant Geotechnical Engineer, Richard Simmons, dated 5 April 2007
   • Traffic Impact Assessment Review, prepared by Council's Consultant Traffic Engineer, Sam Shumane, dated 5 April 2007
   • Memo prepared by Council's Senior Urban Designer, Robert Lipka, dated 11 April 2007
   • Memo prepared by Council's Development Engineer, Scott Paton' dated 11 April 2007
   • Traffic Impact Assessment Review Addendum, prepared by Council's Consultant Traffic Engineer, Sam Shumane, dated 13 April 2007
   • Email prepared by Council's Senior Urban Designer, Robert Lipka, dated 17 April 2007
   • Email prepared by Council's Consultant Traffic Engineer, Sam Shumane, dated 17 April 2007
   • Report prepared by Council's Consultant Environmental Engineer, John Styles, dated 19 April 2007

   Main Findings of Fact

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

   • In terms of visual amenity, urban design, character and built form it is considered that the proposal effectively addresses the local environment in providing an appropriate level of visual amenity consistent with the surrounding area
   • It is considered that the proposed design coupled with appropriate landscaping (that is required to be maintained on an on-going basis) will ensure that privacy, shadowing and dominance effects will be appropriately mitigated
   • With reference to the applicant's assessment and the Council's Consultant Traffic Engineer's (Sam Shumane of Condor) report it is considered that any adverse traffic, access and parking effects will be no more than minor
   • With reference to the applicant's assessment and the Councils consultant noise and geotechnical report, it is considered that the operational and construction effects will be no more than minor.

   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 no more than minor effects on the environment. In particular, the proposal will have no more than minor (including cumulative) effects in relation to visual amenity, urban design, character and built form; privacy, shadowing and dominance; traffic, access and parking; noise; vibration; lighting; infrastructure; land stability; construction effects and residential amenity. These effects will be no more than minor in degree as the proposal is specifically designed in recognition of its location and the surrounding environment and is consistent with the surrounding environment.
   2. The imposition of the following conditions will ensure that the effects of the applicant's proposal are avoided or mitigated, in particular with respect to constructing the development in accordance with the plans and application details, implementing and maintaining landscaping, implementing and monitoring a construction management plan, a traffic management plan, and a noise management plan, implementing particular conditions relating to urban design' parking and access; and on-going monitoring by Council.  
   3. 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 activity shall be carried out in accordance with the plans and all information submitted with the application, drawn by Herbst Architects Ltd, Studio 9 'G' Building, 114 St Georges Bay Road, Parnell, Auckland, titled Medical Centre and Ancillary Medical Offices, dated 12.12.06, being described as:

   •  'Plans', Sheet RC01, No. A General Revisions to RC Submission dated 19.04.07; and
   •  'Elevations and Section', Sheet RC02, No. A General Revisions to RC Submission dated 19.04.07.

   and received and date stamped by B Free, Bentley & Co. Limited on 19 April 2007.

   And

   • Plans designed by Mark Read and Shane Wiles of Natural Habitats Landscapes, "Medical Centre 122 Remuera Rd, Remuera, Auckland".

   and date stamped and received by B Free, Bentley & Co. Limited on 19 April 2007.

   And

   •  Letter prepared by Nicky Herbst, of Herbst Architects, dated 4 April 2007

   and date stamped and received by B Free, Bentley & Co. Limited on 7 April 2007.

   Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $575.50 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).
      The 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.

   Noise

   3. Prior to the operation of the healthcare facility hereby approved, the consent holder shall submit specific details for approval by Council (Resource Consent Monitoring Leader (Fax 353 9186)) regarding all mechanical plant associated with the development, demonstrating that the cumulative noise level generated by such plant does not exceed Rule 7.8.1.10 of the District Plan. Thereafter, the mechanical plant shall be implemented and maintained in accordance with the approved details.
   4. Prior to commencement of any works on the site, the consent holder shall submit a Construction Noise Management Plan for approval by the Council (Resource Consent Monitoring Leader Fax 353 9186). The Construction Noise Management Plan shall include details on the following:
      1. The final construction methodology, including equipment to be used and estimated noise levels;
      2. The regime for noise monitoring for the duration of the works likely to approach or exceed the relevant noise limits;
      3. Specific noise mitigation measures, [such as, (but not limited to) screening or alternative equipment] where noise levels are predicted or demonstrated to approach or exceed the relevant limits; and
      4. A procedure for the receipt and management of complaints regarding noise generated by the works. The procedures should specify the person(s) responsible for maintaining a complaints register as well as the standard procedure to be followed to resolve the complaints, and how this will be reported to the Council.
      5. A list of person(s) and their contact details on the site that is responsible for overseeing the works, monitoring and complaint receipt and responses.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Noise Management Plan shall be implemented and maintained throughout the entire demolition and construction period.

   5. All construction noise shall be assessed in accordance with the provisions of New Zealand Standard NZS6803P:1984 Measurement and Assessment of Noise from Construction, Demolition and Maintenance Work, and shall comply with the limits in Tables 1 & 2 therein, including the 5 db reduction provided for in Clause 6.1.2 of that standard.
   6. Prior to the operation of the healthcare facility hereby approved, the consent holder shall construct a 1.8m high fence along the entire length of the western boundary. The fence shall be constructed from a material with a surface mass of not less than 10kg/m2, and shall have no air gaps along its entire length or at its base, (if timber palings are used, these may need overlapping to prevent gaps appearing in the case of shrinking timber). This fence shall be maintained as an effective acoustic barrier for the duration that this consent is in effect.

   Servicing

   7. That the details of stormwater reuse and on-site storage/detention that is proposed to be incorporated into the private drainage/water supply reticulation network as set out in Plans designed by Mark Read and Shane Wiles of Natural Habitats Landscapes, "Medical Centre 122 Remuera Rd, Remuera, Auckland, and Letter prepared by Sean O'Donnell, of Hydraulic Services Consultants, dated 27 March 2007. Details shall be submitted to and approved by Council (Resource Consent Monitoring Leader Fax 353 9186) prior to the commencement of any work on site. Thereafter, the stormwater reuse and on-site storage/detention shall be implemented and maintained in accordance with the approved details.

   Geotechnical

   8. The consent holder shall engage a Chartered Professional Structural or Geotechnical Engineer familiar with the following documents:
      • 122 Remuera Road, Auckland - Geotechnical Assessment for Resource Consent" prepared by Tonkin & Taylor (T & T) dated 13th December 2006;
      • Stephen Mitchell Engineers Ltd Drawings CO1 Rev A and CO2 Rev A dated 8th December 2006;
      • "Remuera Medical Centre" Plan and Details & Wall Elevations;
      • Letter dated 29th March 2007 from Stephen Mitchell Engineers Ltd

      The Chartered Professional Structural or Geotechnical Engineer shall confirm the design of any foundations, piles or retaining walls associated with the proposal as well as, confirm the local and final overall slope stability of land on the subject site and neighbouring sites. No work shall proceed beyond the excavation stage until the design of these matters have been approved by Council (Resource Consent Monitoring Leader Fax 353 9186).

   9. Prior to the commencement of any work on site a Chartered Professional Structural or Geotechnical Engineer shall provide in writing to the satisfaction of Council (Resource Consent Monitoring Leader Fax 353 9186) the following:
      1. A site-specific ground investigation and a detailed geotechnical assessment report, based on the findings of the investigation and the documents referred to in Condition 8.
      2. A detailed construction methodology which describes a detailed construction sequence including the stages of construction, excavation and temporary and permanent propping. The approved construction methodology plan shall be implemented and maintained throughout the entire construction of the development.
      3. A survey-monitoring regime for excavation works in the vicinity of the face of each building adjacent to the site. The approved survey-monitoring regime shall be implemented and maintained in accordance with the approved details..
      4. The design all retaining walls and any temporary slopes within the site for both their short and/or their long term condition. All retaining walls and temporary slopes shall be constructed and maintained in accordance with details to be submitted.
   10. A Chartered Professional Engineer (with experience of geotechnics) shall supervise the site works in regard to earthworks. This will include: supervision of excavations for the basement and foundations, retention measures and floor slabs and the inspection of any pile holes or footings for retaining walls or foundations - including pits excavated to support wall props and approval of any imported fill. Provision must be made for over deepening of any foundations where soft or weak soils are encountered. No work shall be proceed beyond the earthworks stage until the Council has received in writing, and approved, certification from the engaged Chartered Professional Engineer that the earthworks comply with the approved geotechnical assessment report.
   11. All temporary excavations (except those in rock), be limited to an open face of not more than 3m (three metres) horizontal distance at any one time and shall be limited to an unsupported gradient of 1 vertical to 2 horizontal unless designed by a Chartered Professional Engineer to achieve a Factor of Safety against instability of 1.5 under all groundwater conditions.
   12. All excavations that intercept a line 1 vertical to 2 horizontal from an adjacent boundary shall be retained with a suitable retaining structure designed for at-rest conditions in accordance with details to be submitted to and approved by Council (Resource Consent Monitoring Leader Fax 353 9186). These retaining structures shall be installed prior to the commencement of bulk excavation and the development shall be carried out in accordance with the approved details.
   13. Excavations in exposed ground shall be protected from the detrimental effects of weathering through the use of polythene, base course or other similar methods. Should the exposed ground become damaged due to weathering, the applicant shall engage a Chartered Professional Engineer (with experience of geotechnics) to determine and submit to the Council (Resource Consent Monitoring Leader Fax 353 9186) for approval the depth of material that is required to be removed. Thereafter, the development shall be carried out in accordance with the approved details.
   14. Blasting of any type shall not be permitted during the excavation at this site.
   15. All earthworks activities shall be carried out in accordance with the following standards:
       • NZS4431:1989 - Code of Practice for Earth Fill Placement for Residential Development.
       • NZS4404:2004 - Land Development and Subdivision Engineering.
       • Approved Code of Practice for Safety in Excavation and Shafts for Foundations -issued by the Department of Labour (September 1995).
       • Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for sediment control.
   16. Prior to commencement of any works on the site, the consent holder shall submit a site management plan for approval the Council (Resource Consent Monitoring Leader Fax 353 9186). The site management plan that shall include specific details relating to the construction and management of all works associated with this development, and include if required.
       1. Details of the site manager, including their contact details (phone, facsimile, postal address). A telephone number for after hours emergencies shall also be supplied;
       2. The location of a large noticeboard on the site that clearly identifies the name, telephone number and address for service of the site manager;
       3. The site address to which the consent relates;
       4. Any means, such as a restriction on the size of construction vehicles and machinery accessing the site, required to ensure that no damage occurs to trees adjacent to the site, throughout the construction period;
       5. Any means of protection of services such as pipes and water mains within the legal road;
       6. 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;
       7. Location of workers conveniences (e.g. portaloos);
       8. Ingress and egress to and from the site for vehicles during site works period;
       9. Any restrictions to vehicle access to the site;
       10. Procedures for controlling sediment run off, dust and the removal of soil, debris and construction materials from public roads or places (including identifying the location of wheel wash facilities);
       11. Proposed hours of work on the site; and
       12. Location of vehicle and construction machinery access during the period of site works.

       The approved Site Management Plan shall be implemented and maintained throughout the entire period of the works.

   17. All stormwater from any new hard surfaces (roofs, patios, driveways etc), and any groundwater collected from behind retaining walls, will be collected and disposed of to an appropriate reticulated system in accordance with details to be submitted to and approved by Council (Resource Consent Monitoring Leader Fax 353 9186). Thereafter the stormwater reticulation shall be implemented and maintained in accordance with the approved details.
   18. Sewers and house drains with a gradient of 15% or more shall be bedded in concrete with ground anchors in accordance with details to be submitted to and approved by Council (Resource Consent Monitoring Leader Fax 353 9186). The consent holder shall engage a Chartered Professional Engineer (with experience in geotechnics) to supervise all trench backfilling. No work shall be proceed beyond the trench backfilling stage until Council (Resource Consent Monitoring Leader Fax 353 9186) has received in writing, and approved, certification from the engaged Chartered Professional Engineer that the trench backfilling complies with the approved details.

   Vibration

   19. The works shall at all times comply with the vibration limits specified in the German Standard DIN 4150 Part 3:1986 "Structural Vibration in Buildings - Affects on Structures", (DIN4150).
   20. Prior to demolition or earthworks commencing, the consent holder shall complete a consultation survey of the immediately adjacent buildings to the subject site.
       Where access to these properties is not granted by the landowner/occupier for this purpose, such properties will be exempt from this survey and from the requirement for monitoring on those properties to any limit lower than the appropriate criteria under the standard specified in Condition (19) based on external assessment of the type an sensitivity of the structure, and as otherwise set out in this condition. The survey shall be prepared to the satisfaction of Council's Manager Environmental Compliance and shall include:
       1. A photographic survey of the building;
       2. The type and capacity of foundations;
       3. Existing levels of structural distress;
       4. Assessment of structural ductility;
       5. Susceptibility to foundation movements.

       The results of the survey shall be used to determine the applicable category of vibration limits from the DIN 4150 standard for each building.

   21. From the survey in condition (20), if compliance with "Line 1" criteria of DIN 4150 Standard for particularly sensitive activities is required at any boundary, continuous vibration monitoring shall be undertaken at the commencement of use of heavy earth moving machinery. The results shall be reported to the Monitoring Leader, Resource Consents within 3 working days of the monitoring taking place. The monitoring may only cease with written approval from the Monitoring Leader, Resource Consents based on prior monitoring results.
   22. If any complaints are received regarding vibration, the monitoring and reporting requirements of condition (21) shall be observed.
   23. If any exceedance of the relevant vibration limits is determined, consent holder shall cease whatever action is responsible for generating the movement until such necessary corrective actions are taken that will enable continuation within complying levels.

   Traffic

   24. A Construction Traffic Management Plan and Pedestrian safety Plan (CTMP) is to be submitted for approval by the Manager, Traffic (Roading Services) Safety & Operation, prior to construction relating to this application commencing on the site.
   25. Included in the Construction Management Plan referred to in Condition 24, traffic in Beatrice Avenue will not be impeded or blocked during construction activities and clear access will always be maintained.
   26. A sign shall be placed and maintained in a prominent location on the site stating the exclusive availability of the stacked parking spaces for staff of the activity during the hours that the activity is open for business. The sign shall be constructed to the following dimensions 600mm x 250mm. The sign shall be erected prior to the activity commencing, to the satisfaction of Manager, Traffic (Roading Services Safety & Operation).
   27. Kerb and channel at all redundant vehicle crossings shall be re-instated to Auckland City's standard design to the satisfaction of Council (Resource Consent Monitoring Leader Fax 353 9186). All costs shall be met by the Consent Holder.

   Urban Design

   28. Prior to the commencement of any works on the site the consent holder shall provide a Lighting Plan, demonstrating to the satisfaction of Council (Auckland City Environments Urban Design), that the site will be adequately lighted to provide for maximise safety and security for all of the staff and visitors to the site.
   29. Roller security grilles are to be provided at the vehicular entrance/exit to the underground car park, to the satisfaction of Council (Auckland City Environments Urban Design).
   30. Prior to the commencement of any works on site the consent holder shall provide an updated plan to the satisfaction of Council (Resource Consent Monitoring Leader Fax 353 9186). Identifying the location of proposed servicing elements for the building (ie. vents, transformers, water meters, electric meters, etc.).

   Landscape Plan

   31. Prior to the commencement of any works on site the consent holder shall provide an updated landscaping plan to increase the amount of permeable area on the site and shall be to the satisfaction of Council (Auckland City Environments Urban Design). The landscape plan shall specify the proposed location, species, sizes (including heights and Pb size).
   32.  Subject to Condition 31, the landscaping as detailed on the landscape plan prepared by Mark Read and Shane Wiles, of Natural Habitats Landscapes, "Medical Centre 122 Remuera Rd, Remuera, Auckland" shall be implemented within the first planting season following the completion of the works on the site. The landscaping shall be maintained and irrigated thereafter.

   Licensed Cadastral Surveyor's Certificate

   33. The consent holder shall engage a licensed cadastral surveyor to certify to the Council in writing:
       1. Prior to works progressing past the foundation stage that the works completed to this stage are in accordance with the levels and dimensions on the approved plans; and
       2. Prior to work progressing past the roof framing stage that either:
          1. Work completed to this stage is in accordance with the levels and dimensions shown on the approved plans; OR
          2. There are differences to the approved plans in levels and dimensions of work completed to this stage, but the differences do not increase the level of non-compliance to the Operative Auckland City District Plan (Isthmus Section) beyond that allowed by this resource consent, provided that what remains to be built beyond this stage will be built in accordance with approved plans.

       Work shall not proceed beyond the foundation stage until the certificate required in (i) has been received and approved by the Council (Resource Consent Monitoring Leader Fax 353 9186). In the event that there are differences to the approved plans in the levels and dimensions of work completed to the foundation stage, but the differences do not increase the level of non-compliance to the Operative Auckland City District Plan (Isthmus Section) beyond that allowed by this resource consent, provided that what remains to be built beyond this stage will be built in accordance with approved plans, the certificate shall also specify the differences occurring.

       Work shall not proceed beyond the roof framing stage until the certificate required in either (ii) (a) or (b) above, has been received and approved by the Council (Resource Consent Monitoring Leader Fax 353 9186). In the event of (b), the certificate shall also specify the differences occurring.

   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 shall be sent to the (Resource Consent Monitoring Leader Fax 353 9186)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. 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.
   5. A network utility charge may be applied for any water meter applications to Metrowater.
      The Consent Holder shall be advised of Council's requirements outlined in Metrowater Development and Connection Standards issued Feb 2005, particularly the requirements for:
      • Clearance requirements for works in relation to Public Services
      • Protection of services in relation to construction activities

      Details shall be provided with the building consent application.

   6. Important Note to Consent Holder and all Future Owners and Occupiers
      You are advised that all those areas provided as landscaping on the site (both existing and proposed in terms of this resource consent) are to be maintained and no additional paving may be placed on the site without obtaining a further resource consent.
   7. Any building over or adjacent to public drains is required to be constructed to council standards and may include piling to at least the invert level of the drain.
   8. In accordance with section 198 of the Local Government Act 2002, the consent holder shall pay to Council by bank cheque or electronic transfer, a development contribution for the stormwater $25,194.14 plus GST of $3,149.27, for a total payable amount of $28,343.41.

   DECISION THREE

   That the application for a Dispensation from Part 27.5.1, 27.5.4, 27.5.5 and 27.5.3(c) of the Auckland City Council Consolidated Bylaw (Signs) 1998 for three non-illuminated signs on a site within a residential zone as set out on Plan No 606 Sheet RC2, Revision A, dated 19/04/07 and on page 51 of the Agenda report be granted for the following reasons:

   • The signage is designed to fit within the architecture of the building and is in keeping with the mixed character of the surrounding area.
   • The signs will provide a clear indication of the purpose of the activity on the site.

   The application shall be subject to the following condition:

   1. The three signs shall not be illuminated.

   CARRIED

   Note: Cr G Fryer requested that her vote against Decision One above be recorded. Cr F Storer used her casting vote as Chairman for Decision One.

6. APPOINTMENT OF COMMISSIONERS

   6.1. 70 TIVERTON STREET, BLOCKHOUSE BAY

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine a S357 objection to a condition of an approved subdivision consent at 70 Tiverton Street, Blockhouse Bay. The objection seeks the cancellation of condition 6.5.8 of the subdivision consent which requires the relocation of a power pole.
      The panel is Cr N Raffills (Chairman), Cr W A Christian (alt Chair) and Board Member D MacDonald (and alternates Cr G A Mulholland, Cr N Abel and Board Member L Wilson).

   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 WAGENER PLACE, ST LUKES 20040970802

   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 a change of use from a medical centre and offices to bulk retail use at 7 Wagener Place, St Lukes. The proposed change of use will establish 1075m² of additional retail floor space on the subject site, increasing the total area of retail activities on site to 1375m².
      The panel is Cr F Storer (Chairman), Cr C Casey and Board Member L Rea (and alternates Cr G Fryer, Cr W A Christian and Board Member V Chong).

   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.3. 60 SANDFORD WAY, RAKINO ISLAND 20070169301

   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 to construct a jetty approximately 65 metres in length and a boat ramp within Pohutukawa Bay, located at 60 Sandford Way, Rakino Island. The construction of a vehicle access track approximately 225 metres in length will also be required. A right of way easement is proposed across the subject site to ensure legal access for 80 Sandford Way.
      The panel is Cr G A Mulholland (Chair), Cr G Fryer and Board Member R Ericson (and alternates Cr T Millar, Cr F Storer, Board Member K-A Harvey and Board Member H Romaniuk.

   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

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	82 Wanganui Avenue, Herne Bay - Environment Court Appeal - Taylforth v Auckland City Council - Removal of a Liquidamber (Sweet Gum) tree	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 a generally protected Liquidamber tree at 82 Wanganui Avenue, Herne Bay, 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	641 - 643 Remuera Road, Remuera - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 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 grant consent to the Remuera Baptist Church, on the existing site at 641-643 Remuera Road, to undertake additions and alterations to the existing church building, to establish a childcare centre and construct a small carpark. 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	29 Beckenham Avenue, Royal Oak - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 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 for the construction of a second dwelling at 29 Beckenham Avenue, Royal Oak. 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	88H Church Bay Road, Waiheke Island - 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 a condition imposed on a subdivision consent granted by the Council in connection with 88H Church Bay Road, Waiheke Island. 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 1.40 pm.