MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 19 JUNE 2007 AT 11:00 AM ADJOURNED AT 1.00 PM AND RECONVENED AT 1.05 PM

1. APOLOGIES

   That apologies from Cr C Caughey for lateness in arriving at the meeting be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 12 June 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1315-375 MT WELLINGTON HIGHWAY, MT WELLINGTON

   That an item relating to an appeal by Redwood Group Limited against Council's decision to refuse consent to construct and operate a bulk retail centre at 315-375 Mt Wellington Highway, Mt Wellington be considered as extraordinary business at agenda item C2 as the court has scheduled a settlement conference for Friday, 22 June 2007 and the next committee meeting is after that date.

   CARRIED

4. SIGNS BYLAW APPLICATIONS

   There were no Sign Bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 26 WATERTON PLACE, AVONDALE

   Pursuant to section 104C of the Resource Management Act 1991, the non-notified Restricted Discretionary activity land use resource consent application by Leslie Palmer to remove a Banksia at 26 Waterton Place, Avondale, be granted consent.

   Lapsing of consent

   Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire two years after the date of commencement of consent unless, before the consent lapses;

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

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

   Pursuant to section 113 of the Resource Management Act 1991, the following matters have been taken into account in making the decision set out above:

   Relevant Statutory Provisions

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

   • sections 104, 104C and 108 (restricted discretionary activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

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

   Summary of Evidence

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

   • The Assessment of Effects prepared by Paul Hansen of Auckland City Environments

   Principal Issues in Contention

   The application was not the subject of a contested hearing. Accordingly, there were no issues in contention.

   Main Findings of Fact

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

   • The application relates to the removal of a Generally Protected Banksia tree located adjacent to the house at 26 Waterton Place, Avondale.
   • The subject site is zoned Residential 5 under the Auckland City Operative District Plan (1999)

   Reasons

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

   1. Any adverse environmental effects of the proposed activity will be no more than minor.
   2. Granting of consent will not be inconsistent with the relevant objectives and policies of the District Plan, or the Act's focus of sustainable management of physical and natural resources .
   3. The subject tree has been topped in the past, which has resulted in a poorer form to the tree and the tree is located in close proximity to the existing dwelling.

   Conditions of Consent

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

   1. All tree work shall be carried out by a competent arborist/tree surgeon in accordance with accepted arboricultural practice.
   2. Prior to the removal of the tree, the applicant shall plant at least two (2) appropriate replacement indigenous specimen trees within the property. The trees shall have a minimum root ball size of pb95 (or an equivalent size) and a minimum height of 1.8 metres at the time of planting. The replacement trees shall be maintained thereafter.
   3. The consent holder shall notify Council's Resource Consent Monitoring Leader in writing when the replacement planting required as a condition of consent has been completed. This notification shall include the size, species and location of the replacement trees (location to be shown on a sketch of the site). Notification can be sent by fax on 353 9186 attn: Resource Consent Monitoring Leader, or mailed to Private Bag 92516, Wellesley St, Auckland

   ADVICE NOTES

   1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. If the tree/s to which this consent relates are not located on land owned by the consent holder, the approval of the tree owner/s or an order to be made by the court under Section 129C of the Property Law Amendment Act 1952 may need to be obtained to give effect to the consent.
   2. A copy of this consent shall be held on site at all times during work on trees.
   3. If you disagree with any of the above conditions you have a right of objection pursuant to section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council shall as soon as practicable consider the objection at a hearing.

   CARRIED

   Note:Crs W A Christian and G Fryer requested that their vote against the decisionbe recorded.

   5.2. 64 WAIMARIE STREET, ST HELIERS

   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, there are no special circumstances to warrant notification.

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Hanayu Limited to extend the operating hours of an existing restaurant (existing hours of operation from 5:00pm to 10:00pm, Wednesday to Sunday inclusive) to from 12:00 noon to 2:00pm and from 5:00pm to 11:00pm, Monday to Sunday inclusive, (seven days per week), that;

   • Is a discretionary activity in the Business 1 Zone,
   • Creates a car parking shortfall of 11 spaces,
   • Creates a loading space shortfall of 1 space,

   at 64 Waimarie Street, St Heliers described as PT LOT 12 DP 38088, CT 47C/172 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, 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 8.6.1 (Business 1 Objectives and Policies),
   • Clause 8.7.3.2 (General Criteria for Assessing Discretionary Activities),
   • Clause 12.8.1. (Parking Shortfall Assessment Criteria).

   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 Sarah Morrison of CKL Surveys Ltd dated January 2007.
   • A 'Traffic Impact Assessment' report prepared by Geoffrey Brown of G&H Consultants Ltd. dated 19 December 2006.
   • A memo prepared by Daniel Winter (Council's Environmental Health Specialist - Noise), dated 11th June 2007.

   Main Findings of Fact

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

   • The proposed extended days and hours of trading for the restaurant will have only a minor effect on the environment.
   • Any increase in parking requirements generated by the proposal can be accommodated by the existing parking available in near vicinity to the activity.
   • Any increase in traffic generated by the proposed activity can be accommodated by the existing road network.
   • Parking or loading spaces cannot physically be provided on-site.
   • Given the availability of parking in the vicinity, no specific loading space is necessary.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will have minor effects on residential amenity and minor effects with respect to parking and traffic.
   2. The granting of consent to the application is consistent with the relevant assessment criteria for Discretionary activities, and in particular those relevant to restaurants in the Business 1 zone and parking and loading shortfalls.
   3. The imposition of the following conditions will ensure that the effects of the granting the application are minor, and in particular that the activity shall be carried out in accordance with all plans and information submitted with the application, and that potential noise effects are mitigated.
   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.

   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 "Application for Land Use Consent" prepared by Sarah Morrison of CKL Surveys Ltd dated January 2007 and referenced by Council as LUC20070031201.

   Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $187.38 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

   The consent holder will be advised of any further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

   Noise

   3. The L₁₀ noise level and the maximum noise level (L_MAX) arising from the restaurant activity measured at or within the boundary of any residential zoned property shall not exceed the following limits:

   Monday to Saturday		7.00am to 10.00pm	L10 50 dBA
   Sunday & Public Holidays		9.00am to 6.00pm
   At all other times	L10 40 dBA LMAX 75 dBA, or the background (L95) plus 30 dBA, whichever is the lower

   4. Disposal of empty bottles, cans and general waste into receptacles shall not occur between 7.00pm to 7.00am Monday to Saturday and 7.00pm to 8.00 am on Sunday and Public Holidays.
   5. The doors and windows shall be closed after 10.00pm Monday to Saturday and 6.00pm Sundays and public holidays.

   Hours of Operation

   6. The activity shall be limited to the following trading hours:

6. 

   ADVICE NOTES

   1. 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 5.2]

   5.3. 47 LUNN AVENUE, MT WELLINGTON

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

   • The adverse effects on the environment of the activity will be minor, and
   • There are no persons considered to be adversely affected by the activity.

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

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Fortis Properties Ltd to construct a three level commercial building on the site that:

   • Involves the establishment of a new activity within 30m of a Residential 6a zone;
   • Involves 1086m2 of earthworks;
   • Involves development of a site identified on Council records as a soil warning area: filled weak ground and suspected unstable ground;
   • Infringes the requirement to provide no less than 50% of that part of the site between the road boundary and a parallel line 3m therefrom, as landscaped area;
   • Infringes the 3m landscaping strip requirement on the side yard adjoining the Residential 6a zoned land on the eastern boundary;
   • Involves a car parking shortfall of 19 parking spaces

   at 47 Lunn Avenue, Mt Wellington described as Lot 8 DP 348452 C/T NA199010 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, 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 8.7.1 (New Activity within 30m of a Residential Zone)
   • Clause 4.3.1.2B (Development Control Modification),
   • Clause 4.3.2.5 (Earthworks)
   • Clause 5D.6.1.1 (Development of Unstable Ground)
   • Clause 8.8.1.3C (Landscaping Strip on Road Boundary)
   • Clause 8.8.1.13B (Landscaping Strip on Residential Boundary)
   • Clause 12.9.1.1 (Parking Shortfall)
   • Clause 8.6.4 (Business 4 Zone Objectives and Policies)

   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 John Lovett of Lovett Planning Ltd, dated February 2007;
   • The traffic assessment prepared by Don E Glover of Design Consulting Group Ltd, dated February 2006;
   • The memo prepared by Council's Development Engineer, Scott Paton, dated 25 April 2007;
   • The memo prepared by Council's Consultant Traffic Engineer, E Ting Wong, dated 16 April 2007;
   • The letter from Council's Hearings Administrator, Stephanie MacLean, dated 3 November 2006, regarding the Urban Design Panel Meeting held on 2 November 2006;
   • The Geotechnical Completion Report prepared by Tonkin & Taylor Ltd, dated March 2005; and
   • The Geotechnical Considerations letter prepared by Kevin Burrows of Grayson Design and Development Ltd, dated 27 March 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 4 zoned site and surrounding neighbourhood.
   • The adverse effects of the building are minor, and are mitigated by its location on the site, and proposed planting which will soften its appearance.
   • The parking provided on site will be sufficient to cater for the proposed activities, given the nature of the retail activity and the integration of activities in single tenancies.

   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 will result in a new commercial building in keeping with the character of the surrounding area, and will not reduce the amenity of adjacent residential areas. The parking provided on site will be sufficient to cater for the proposed activities, and the development of the site should not result in any geotechnical issues.
   2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and in particular the assessment criteria for new activities within 30m of residential zones, earthworks, development of an unstable site, reduction of landscaping strips, and a parking shortfall.
   3. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, those conditions relating to geotechnical issues and parking.
   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 activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:

   • The landscape plan entitled 'Landscape Plan for Fortis Properties Ltd', prepared by Gail Farndale of Garden Scapes, dated November 2006;
   • Lunn Ave Commercial Development 'Location, Sheet A', 'Site Location, Sheet B', 'Aerial Site, Sheet C', 'Perspective, Sheet D', 'Legal Area, Sheet E', 'Zoning Plan, Sheet F', 'Surroundings, Sheet G1, G2', 'Quarry Concept, Sheet H', 'Cross Section, Sheet J', 'Ground Plan. Sheet K1', 'Mezzanine Plan, Sheet K2', 'Office Plan, Sheet K3', 'Elevations and Section, Sheet L', and 'Materials, Sheet M' prepared by Jason Chambers Young Ltd (JCY), dated 12 October 2006;
   • Warehouse/Office Development 'Elevations, Sheet (2-)07' revision B:BC, prepared by Jason Chambers Young Ltd (JCY), dated 19 April 2007

   and referenced by Council as LUC20070087101.

   Monitoring

   2. The consent holder shall pay to 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 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.

   Geotechnical

   3. All earthworks and foundations shall follow the recommendations of the memo prepared by Grayson Design and Development Ltd entitled 'Development at 61 Lunn Avenue, Geotechnical Considerations' dated 28 March 2007 and the Tonkin & Taylor report entitled 'Landco Mount Wellington Ltd, Lunn Avenue Business, Stage 1, Lots 3-8, Lunn Avenue Geotechnical Completion Report' dated March 2005, to the satisfaction of the Resource Consent Monitoring Leader.

   Traffic and Parking

   4. Three parking spaces on-site shall be designated for the disabled, as per the requirements of NZS 4121. The parks shall be conveniently located to main entrances of the building.
   5. All access and manoeuvring/turning areas as depicted on the approved plans shall be formed, provided with an all weather surface and drained to the satisfaction of the Council (Resource Consent Monitoring Leader), prior to the occupation of any of the tenancies.
   6. The consent holder shall submit an internal traffic management plan for approval, prior to the occupation of any of the tenancies, indicating:
      • markings and signage to facilitate safe vehicle circulation; and
      • the allocation of parking spaces for each tenancy, including staff and customer parking spaces

      to the satisfaction of the Resource Consent Monitoring Leader.

   Retaining Wall

   7. The retaining wall along the northern boundary shall be constructed from materials consistent with the existing retaining wall on the adjacent site to the west.

   Landscape Plan

   8. The landscaping as detailed on 'Landscape Plan for Fortis Properties Ltd', prepared by Gail Farndale of Gardenscapes, dated November 2006 shall be amended to include the following changes and with the addition of four suitable indigenous specimen street trees of at least pb95 and at least two metres high at the time of planting, and re-submitted to the satisfaction of the Resource Consent Monitoring Leader:
      • All Specimen Trees that are currently listed as Metrosideros (types of pohutukawa) shall be Metrosideros excelsa 'Parnell';
      • The following underplanting shown on the Landscape Plan: Pseudopanax (Adiantifolius Group) 'Cyril Watson', Pittosporum tenuifolium 'Mountain Green', Hoheria populnea, Knightia excelsa, Sophora microphylla 'Dragon's Gold' and Metrosideros excelsa 'Vilosa Tahiti', shall be replaced with a combination of any of the following species: Myrsine australis, Griselinia Littoralis or Phormium tenax 'Green Dwarf" ; and
      • The plant species Coprosma repens 'Poor Knights' shall be added to the Landscape Plan along the entire length of the rear (northern) boundary. This is a climber type plant that will grow down the retaining wall and assist with screening it from the Quarry Floor.

      The amended landscape plan 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 to the satisfaction of the Resource Consent Monitoring Leader.

   9. Prior to the commencement of work on the site the consent holder shall lodge the sum of $20,000 with the Council as security for the performance of condition (8).
      1. The consent holder shall either lodge the bonded sum with the Council as a cash deposit or execute a guaranteed bond agreement, with a registered trading bank as the surety.
      2. The bond document shall be prepared by the Council. The consent holder shall pay to the Council any costs incurred by the Council in relation to the preparation, execution, variation or release of the bond.
      3. The bond shall be held for a minimum period of 18 months from the date of planting. The bond shall be released when, in the opinion of the Council (Resource Consents Monitoring Leader), condition (8) has been satisfied, and the consent holder has paid the Council's costs.

   Earthworks

   10. 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.

   Construction

   11. Prior to the commencement of any construction or demolition on the site, the consent holder shall submit, and have approved, a Construction Management Plan to the satisfaction of the Council (Resource Consents Monitoring Leader). The Construction Management Plan shall include, and may not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
       • Details of the site manager, including their contact details (phone, fascimile, postal address);
       • The location of a large noticeboard on the site that clearly identifies the name, telephone number and address for service of the site manager;
       • 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;
       • Proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours).
       • Measures for waste management which include designated sites for refuse bins, and for recycling bins for glass, plastic and cans storage and collection in accordance with the Council's waste reduction policy;
       • Location of workers' conveniences (eg portaloos);
       • Location of site hoardings;

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

   12. Prior to the commencement of any construction or demolition on the site, the consent holder shall submit, and have approved, a Traffic Management Plan to the satisfaction of the Council (Resource Consents Monitoring Leader). The Traffic Management Plan shall include, and may not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
       • Ingress and egress to and from the site for vehicles and construction machinery during site works period;
       • Proposed numbers and timing of truck movements throughout the day and the proposed routes;
       • Proposed numbers and timing of truck movements throughout the day including identification of heavy vehicle routes which avoid residential streets;
       • Procedures for managing construction traffic;

       The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Traffic Management Plan shall be implemented and maintained throughout the entire construction period, and updated with each ensuing Building Consent application.

   13. All construction and demolition 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.

   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 $80,510.23(including GST) will be payable on this development. An invoice for this amount will be sent in due course. Please note that, with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and section 224C certificates for subdivisions will not be issued until the development contribution has been paid. Please note that the development contribution may be recalculated for any subsequent land use subdivision or building consent applications in accordance with the development contribution policy.
   2. The consent holder shall comply with Part 27 of the Auckland City Consolidated Bylaw, which addresses signage, or seek a dispensation from the Bylaw.
   3. The consent holder is advised that land covenants, consent notices and encumbrances are contained on the Certificate of Title which may restrict development on the subject site.
   4. The consent holder is advised that the warehouse activities are to be used in conjunction with the retail/showroom activity. Therefore, should the nature activities on site change, an assessment will be required as to whether a new resource consent is required.
   5. 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.
   6. 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.
   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 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.
   9. 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

   Note: Cr W A Christian declared an interest and neither spoke nor voted on Item 5.3(having left the meeting during the debate and decision on this item)

   Note: Crs C Caughey and G Fryer requested that their vote against the decision on Item 5.3 be recorded. Cr F Storer consequently used her Chairman's casting vote on this matter.

   [ATTACHMENTS 5.3A AND 5.3B]

   5.4. 1104 - 1118 GREAT NORTH ROAD, POINT CHEVALIER

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

   Pursuant to section 94 of the Act, notice of this application be served on the owners and occupiers at::

   • 1102 Great North Road
   • 1102 E Great North Road
   • 1102 F Great North Road
   • 1102 G Great North Road
   • 1102 H -1102 J Great North Road
   • Units A - G of 1104 - 1118 Great North Road

   unless the written approval of these persons is provided to the Council.

   CARRIED

7. APPOINTMENT OF COMMISSIONERS

   6.1. 89A ONSLOW AVENUE, EPSOM

   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 remove two Poplar trees at 89A Onslow Avenue, Epsom.
      The panel is Cr C Caughey (Chairman), Cr G Fryer and Board Member B Insull (and alternates Cr C Casey, Board Member C Farmer and Board Member C McLaren).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.2. 10 SUSSEX STREET, GREY LYNN

   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 make external alterations and additions to an existing house on a site zoned Residential 1 at 10 Sussex Street, Grey Lynn and which was processed with service of notice.
      The panel is Cr F Storer (Chairman), Board Member L Rea and Board Member K Stanton (and alternates Cr N Abel, Cr C Casey, Board Member L Kennaway, and Board Member G Easte).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.3. 33 SIERRA STREET, GLENDOWIE

   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 remove a Cedar tree at 33 Sierra Street, Glendowie.
      The panel is Cr T Millar (Chairman), Cr W A Christian and Board Member K Carter (and alternates Cr N Raffils, Cr L Leighton and Board Member J Welch).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.4. 170A KOHIMARAMA ROAD, KOHIMARAMA

   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 remove a Totara tree at 170A Kohimarama Road, Kohimarama.
      The panel is Cr T Millar (Chairman), Cr W A Christian and Board Member K Carter (and alternates Cr N Raffils, Cr L Leighton and Board Member J Welch).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.5. 21 SHIPHERDS AVENUE, EPSOM

   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 remove a Norfolk Island Pine tree at 21 Shipherds Avenue, Epsom.
      The panel is Cr C Caughey (Chairman), Cr G Fryer and Board Member B Insull (and alternates Cr C Casey, Board Member C Farmer and Board Member C McLaren).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

   6.6. 52 TIRI ROAD, ONEROA, WAIHEKE ISLAND

   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 residential dwelling and garage on a site at 52 Tiri Road, Oneroa, Waiheke Island which is zoned Land unit 11, Traditional Residential under the Operative District Plan 1996 (Hauraki Gulf Islands Section) and Island Residential 1, Traditional Residential under the Proposed District Plan 2006 (Hauraki Gulf Islands Section 2006)
      The panel is Cr G A Mulholland (Chairman), Cr F Storer and Cr T Millar (and alternates Board Member R Ericson, Cr N Abel and Board Member K-A Harvey).
   2. That the Chairman be authorised to appoint an alternate Commissioner in the event that none of the above are available.

   CARRIED

8. PLANNING FIXTURES COMMITTEE THROUGHOUT THE LOCAL GOVERNMENT ELECTION PERIOD

   That it be recommended to Council that Independent Commissioners Mr L Simmons (Chairman), Mr C Stewart and Ms C Hawley be appointed as independent commissioners to sit on the Planning Fixtures Committee meetings from 16 October 2007 until the incoming Council has established a Committee structure, with alternate Independent Commissioners Mr G Macfarlane and Ms K Sinclair.

   CARRIED

9. 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

10. 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

11. 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	161 Landscape Road, Epsom - 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 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the Council's decision to refuse consent to the expansion of a daycare centre from 21 to 50 children in the Residential 6a zone and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 6 or 7.
    C2	315-375 Mt Wellington Highway	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the Council's decision to refuse consent to a proposal to construct and operate a bulk retail centre at 315-375 Mt Wellington Highway and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 6 or 7.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 1.45 pm.