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Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES COMMITTEE
HELD ON TUESDAY, 26 JUNE 2007 AT 11:00 AM
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PRESENT: |
Councillors: |
Faye |
Storer |
[Chairman] |
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Christine |
Caughey |
[until 11.39 am, item 5.4]
[from 12.19 pm, item C2] |
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Bill |
Christian, JP |
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Glenda |
Fryer |
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Graeme |
Mulholland, JP |
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 APOLOGIES
There were no
apologies.
CONFIRMATION OF MINUTES
That the minutes
of the Planning Fixtures Committee meeting held on Tuesday, 19 June 2007 be
confirmed as a true and correct record.
CARRIED
EXTRAORDINARY BUSINESS
3.1 156 VINCENT STREET, AUCKLAND CITY
That an item regarding the construction of a 15 level building,
including one level of basement parking at 156 Vincent Street, Auckland City be
considered as extraordinary business at agenda item 5.5 to correct an error in
the decision that was approved at the Planning Fixtures Committee meeting held
on Tuesday, 29 May 2007.
CARRIED
SIGNS BYLAW APPLICATIONS
4.1. 58-60 QUEEN STREET, AUCKLAND CENTRAL
That the
application by Sign of the Times Ltd for a dispensation from Part 27 of the
Auckland City Consolidated Bylaw (Signs) to install an illuminated verandah
fascia sign, which involves the following matter:
- The proposed sign will be set back less than 500mm from
the road kerb
at 58-60 Queen Street,
Auckland Central described as PT ALLOT 2 SEC 2 City Auckland DP 424 (CT- 62/130)
be approved for the following reasons:
- The proposed sign will have less than minor adverse effects on public
convenience, safety and visual amenity. In particular, the scale and placement
of the sign is appropriate to the local environment.
- The proposed sign will not be contrary to the objectives of the Bylaw
and the degree of non-compliance is minor, and the effects of the non-compliance
will be insignificant given it is part of a re-branding project and will replace
an existing naming verandah fascia sign.
This
application is approved subject to the following conditions:
- The sign shall take place in accordance with the assessment of
effects and supplementary information submitted with the application prepared by
Sign of the Times Ltd, referenced: "Resource Consent Application for Signage at Mercure Hotel Windsor 58-60 Queen Street Auckland" and all endorsed by Council
as 20060845401, and shall be installed to the location as shown on the plan and
photomontage entitled "Mercure Windsor", being:
- "9800x600 Transon", Dwg No. 2120-1SOTT, Rev A, dated
02/11/2006
- "Mercure Hotel 58-60 Queen Street", Job No. 17939, Rev.
3, Dwg No. 01, dated 28/09/06.
- This exemption shall expire six months after the date of the approval
of the exemption, unless the sign has been erected in accordance with the
approved plans before the end of that period.
ADVICE
NOTES
- 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.
- A copy of this consent should be held on site at all times during the
establishment and construction phase of the activity.
- The
consent holder is requested to notify Council, in writing, of their intention to
begin works, prior to commencement. Such notification should be sent to the
Team Leader Compliance Monitoring and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- 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 approval have been met.
- The consent holder is advised that this dispensation is for the
subject verandah fascia sign only. Further dispensations are required should the
sign be changed and any other sign to be installed on the building. It is noted
that an application for the three flag signs and above verandah signs on the
first floor and the top floor of the building is required.
CARRIEDD
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 61 WALFORD ROAD, POINT CHEVALIER
Pursuant to
section 104B of the Resource Management Act 1991, the non-complying activity
land use application by DW & ES Snelgar that:
- Infringes the maximum allowed density in the
Residential 5 Zone of 1:500m2 with 1:409.5m2 proposed for
two residential dwellings
- Involves the removal of one generally protected Queen
Palm reaching 9m in height and located within the rear yard
- Involves the removal of one generally protected
Oleander tree reaching 4.5m in height and located within the front yard
- Infringes the private open space requirements for the
proposed rear dwelling by 10m2 and 0.8m in diameter, with only 90m2
and a 5.2m diameter circle provided
at 61 Walford Rd, Pt
Chevalier, legally described as Lot 7, DP 13668, CT NA 30A/1047 be granted
consent.
Life of
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:
- the consent is given effect to; or
- an application is made to the consent authority to extend the period
of the consent, and the consent authority decides to grant an extension after
taking into account the statutory considerations, set out in section 125(1)(b)
of the Resource Management Act 1991.
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, in particular, the following:
- Clause7.3.3 Objectives and Policies
- Clause 7.6.5 Objectives and Policies Residential 5 (low
intensity).
- Clause 7.7.1 - Activities in the Residential 1-7 Zones;
- Rule 7.8.1.8 - Private Open Space
- Assessment Criteria 4.3.1.2B Development Control
Modification.
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 specialist report:
- The Assessment of Effects prepared by John Childs
Consultants Ltd, dated 1 December 2006 and submitted with the application
- Letter prepared by Bevan Potts of Independent
Arboricultural Consultants Ltd, dated 28 November 2006 and submitted with the
application
- Infrastructure Assessment prepared by Law Sue
Consultants Ltd, dated September 2006 and submitted with the application
- Email from Barry Kerr of Metrowater, dated 8 September
2006 and submitted with the application
- Letter prepared by Roberts Martin, registered Valuers &
Property Consultants and dated 22 January 2007
- Memo prepared by Council's Arborist, Nick Stott and
dated 9 February 2007
- Memo prepared by Council's Development Engineer,
Raymond Koay and dated 12 April 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are:
- The proposed new dwelling will create minor adverse
effects in terms of the amenity values currently enjoyed by the surrounding
sites. All affected persons have given their written approval to the proposal
- The proposed new dwelling will be in keeping with the
existing built character of the area
- The proposed new dwelling will have minor adverse
shading effects on the neighbouring properties located adjacent to the south and
east boundaries being 2/59 Walford Rd and 1/17 & 2/17 Oliver St respectively.
The owners/occupiers of these properties have given their written approval to
the proposal
- The proposed new dwelling will have minor adverse
dominance effects on the neighbouring properties located adjacent to the south,
east and north boundaries being 2/59 Walford Rd, 1/17 & 2/17 Oliver St and 11-15
Oliver St respectively. The owners/occupiers of these properties have given
their written approval to the proposal
- The proposed new dwelling will have minor adverse
privacy effects on the neighbouring properties located adjacent to the south,
east and north boundaries being 2/59 Walford Rd, 1/17 & 2/17 Oliver St and 11-15
Oliver St respectively. The owners/occupiers of these properties have given
their written approval to the proposal
- The reduction in on-site amenity for the proposed rear
dwelling will create only minor adverse effects as the proposed outdoor area is
flat, sunny and north facing
- The removal of the Queen Palm from the rear yard and
the Oleander tree from the front yard will create minor adverse effects. The
applicant proposes to undertake replacement planting of three trees on the
property to mitigate these effects and this forms a condition of consent
- The wastewater and stormwater infrastructure is
adequate to service the proposed new dwelling and, further, the proposal will
create no adverse runoff effects on the wider environment
- Written approval has been obtained from all persons
considered to be adversely affected by the proposal
- The imposition of the following conditions will ensure
that the effects of granting the application are avoided, remedied or mitigated
- The granting of this consent to the application is
consistent with the tests relating to non-complying activities.
Reason
for the Decision
- The granting of consent to the application will have minor effects on
the environment. The application is consistent with the relevant assessment
criteria, particularly those relating to development control modification. The
application is generally consistent with the objectives and policies of the
Operative District Plan and all persons considered to be adversely affected by
the proposal have given their written approval to 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
- The activity shall be carried out in accordance with the plans and
all information submitted with the application, being described as:
"61a Walford Street, Pt Chevalier" sheets RC-01, drawn by Jones
Architects Ltd and dated February 2006.
and referenced by Council as LUC20070175001.
Monitoring
- 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.
Trees
- All tree work shall be carried out by a competent arborist in
accordance with accepted arboricultural practice.
- Immediately following the removal of the one Queen Palm and the one
Oleander tree, the applicant shall plant at least two (2) appropriate
replacement trees/palms within the property and one (1) appropriate tree (not an
exotic palm) within the front of the property between the new garage and the
road reserve. The three replacement trees shall have a minimum root ball size of Pb 95 (or equivalent) and a minimum height of 1.8 metres at the time of
planting. The replacement trees shall be maintained thereafter.
- The consent holder shall notify Council's arborist - Nick Stott (ph
379 2020 - fax 353 9186 - e-mail
nick.stott@aucklandcity.govt.nz) in writing when the replacement
planting required as a condition of consent has been completed. This
notification shall include the size, species and location of the replacement
trees.
Earthworks
- The consent holder shall implement suitable sediment control measures
during all earthworks to ensure that all storm water run off from the site is
managed and controlled to ensure that no silt, sediment or water containing silt
or sediment is discharged into storm water 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 holders shall take immediate
action at their own expense, to clean the street. These measures shall remain in
place until the completion of the development.
Stormwater and Wastewater Infrastructure
- The consent holder shall provide a plan identifying all existing and
new pipe systems, including fuel, stormwater, wastewater and utilities to the
satisfaction of the Council (Resource Consents, Monitoring Leader). This plan
shall be provided within one month of the works being completed. A copy of this
plan shall be kept on site at all times.
ADVICE
NOTES
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
of $29,997.92 will be payable on this development. An invoice for this amount
will be sent in due course.
- 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.
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- 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 Consents, Monitoring Leader and shall include the
following details:
- name and
telephone number of the project manager and site owner
- site address
to which the consent relates
- activity to
which the consent relates
- expected duration of works.
- 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.
- 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.
- 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.
- 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.
- The consent holder shall ensure that all necessary pipes and
ancillary equipment are to be supplied and laid to provide individual stormwater
private connections to the existing and proposed dwellings. These connections
are to be connected to the existing public stormwater system located along Walford Rd. All connections shall be marked by a 50mmx50mmx1m tantalised painted
blue stake on completion and clearly dimensioned on any drainage "As-Built".
- The consent holder shall ensure that all the necessary pipes and
ancillary equipment are to be supplied and laid to provide new individual
wastewater private connections to the existing and proposed dwellings. These
connections are to be connected to the existing public wastewater system located
along Walford Rd. All connections shall be marked by a 50mmx50mmx1m tantalised
painted red stake on completion and clearly dimensioned on any drainage
"As-Built".
- The consent holder shall ensure that the stormwater discharge from any
existing and proposed impermeable areas is to be collected and disposed of to an
approved stormwater outlet via a sealed pipe system.
CARRIED
5.2. 20-32 SHORTLAND STREET, AUCKLAND CENTRAL
That pursuant
to sections 93, 94, 94A, 94B and 94C of the Resource Management Act 1991, this
application be processed without notification or service of notice because:
- For the purposes of section 93, the adverse effects on
the environment arising from the change or cancellation of condition/s will be
minor so no public notification is required
- For the purposes of section 94, no persons are
considered adversely affected by the change or cancellation of condition/s; or
- In terms of section 94C(2) there are no special
circumstances to warrant notification of the application.
That pursuant to sections
104B and 127 of the Resource Management Act 1991, the s127 (discretionary
activity) resource consent application by Dae Ju Construction and Engineering
Limited to make alterations to the building which involve:
- Deleting vehicle access from Shortland Street and using
this space for retailing on the ground floor and commercial space above
- Relocating all carparking to the basement or ground
floor with all parking that was formerly above ground i.e. Level 5, 6 and 7
deleted and now proposed as a commercial tenancy
- Offsetting the parking removed from the podium with
three levels of parking in the basement level
- Changes to podium elevations to reflect removal of car
parks and the new activities proposed
- Changes to the canopy along Shortland Street as a
result of the removal of the vehicular access
- The number of the apartments has been reduced from 190
to 164 as follows:
|
Apartment Type |
Number |
|
Studio |
11 |
|
One bedroom |
100 |
|
Two bedroom |
40 |
|
Three bedroom |
13 |
|
Total |
164 |
Consequent changes to the
layout of these units
- The number of car parks has been increased from 184 to
186 (+1.1%)
- Changes to the design of the through site link
at 20-32 Shortland Street,
Auckland City being Lot 1 DP 138464, CT NA82A/249 as described in the
application material and plans by Clark Brown Architect, all referenced by
Council as LUC20031242002, be granted consent and that conditions (1) (5), (6),
(11), (15), (20), (22), (23) and (24) of resource consent LUC20031242001 be
amended or deleted and that new conditions 20, 42, 43, 44, 45 and 46 be added as
follows.
Reasons for the decision
Pursuant to section 113(1)(a) if the Resource
Management Act 1991 the reasons for this land use resource consent are as
follows:
- In terms of
section 104(1)(a) of the Act, the change in condition will result in no
additional adverse effects on the environment due to the minor nature of changes
to the design of the building.
- In terms of section
104(1)(b) of the Act, the changes are consistent with the relevant objectives,
policies and assessment criteria of the Operative District Plan including the
SMA1 and Part 14.4 - Queen Street Valley Precinct, Part 9 Transportation and
Appendix 12 of Proposed Plan Change 2.
- In terms of
section 104(1)(c) of the Act, all relevant matters have been taken into account
including monitoring, and financial contributions.
- The activity is
consistent with Part II of the Act.
- The urban design
specialist report indicates that the changes proposed to the building will
result in a more favourable built environment outcome than the original
proposal.
Pursuant to sections
113(1)(ab), (ac), (ad) and (ae):
Relevant Statutory Provisions
The following relevant statutory provisions have
been taken into account in the assessment of this application: Part II and
sections 36, 93, 94, 100, 104, 104B, 127, 113.
Relevant Plan Provisions
The following relevant plan provisions have been
taken into account in the assessment of this application: 2004 Operative Central
Area Section including, Part SMA1 and Part 14.4 - Queen Street Valley Precinct,
Part 9 Transportation and Appendix 12 of Proposed Plan Change 2.
Principal Issues in Contention
There were no issues in
contention.
Summary of Evidence
The following evidence was
considered by the Council:
- Consent application supplied by John Childs, dated 1
May 2007
- Revised AEE supplied by John Childs, dated 5 June 2007
- Architectural Design Statement supplied by ClarkBrown
architects dated 30 April 2007
- Traffic report supplied by G&H Transportation
Consultants Ltd dated 27 April 2007
- Urban Design Assessment supplied by Barry Rae
Transurban Ltd dated 16 May 2007
- Engineering Report supplied by Becas (Dr Do Van Toan)
dated 15 May 2007
- Wind environment report supplied by UniServices (Prof
Richard Flay) dated 7 May 2007
- Original resource consent and planners report for
LUC20031242001
- Additional information from ClarkBrown Architects dated
21 May 2007 (balcony screens) and 17 May 2007 (use of roof garden).
Main Findings of Fact
The Committee considers that
the main 'findings of fact' are that:
- The application to be changed (LUC20031242001) was
granted consent by Council's Planning Fixtures Committee in May 2006 for a 35
storey mixed residential/retail building comprising 190 units with on-site
parking for 184 vehicles
- No changes affect the overall height of the building
- No changes will result in additions or alterations
beyond the approved building envelope
- No changes will result in additional infringements,
including development controls
- The proposed changes will comply with all the minimum
apartment standards specified by Plan Change 2
- The proposed changes will result in changes to existing
parking on-site.
Conditions
Pursuant to section 127, the conditions of consent
LUC20031242001 be amended to read
- (1) Except where
required otherwise by the conditions that follow, the proposal shall take place
in accordance with the plans by ClarkBrown Architects , entitled "20 Shortland
St - Resource Consent Variation 16 -05- 2007":
- Drawing number 266-S2-000.1 (Revision D)- Apartment
type and Planning GFA schedules, dated 16/05/07
- Drawing number 266-S2-000.2 (Revision C)- GFA Plans
Sheet 1, dated 16/05/07
- Drawing number 266-S2-000.3 (Revision C) - GFA Plans
Sheet 2, dated 16/05/07
- Drawing number 266-S2-000.4 (Revision C) - GFA Plans
Sheet 3, dated 16/05/07
- Drawing number 266-S2-000.5 (Revision C) - GFA Plans
Sheet 4, dated 16/05/07
- Drawing number 266-S2-000.6 (Revision C) - GFA Plans
Sheet 5, dated 16/05/07
- Drawing number 266-S2-000.7 (Revision C) - GFA Plans
Sheet 6, dated 16/05/07
- Drawing number 266-S2-000.8 (Revision C) - GFA Plans
Sheet 7, dated 16/05/07
- Drawing number 266-S2-100 (Revision B) - Site Plan,
dated 16/05/07
- Drawing number 266-S2-101 (Revision B) - Site Plan &
Height Control, dated 16/05/07
- Drawing number 266-S2-102 (Revision B) - Shortland
Street Planting and Canopy Design, dated 16/05/07
- Drawing number 266-S2-103 (Revision F) - Level B3
Basement Parking, dated 16/05/07
- Drawing number 266-S2-104 (Revision F) - Level B2
Basement Parking, dated 16/05/07
- Drawing number 266-S2-105 (Revision F) - Level B1
Basement Parking, dated 16/05/07
- Drawing number 266-S2-010 (Revision G) - Level 1 Fort
Street Level Basement Plan, dated 16/05/07
- Drawing number 266-S2-020 (Revision G) - Level 2 Mezzanine Level, dated 16/05/07
- Drawing number 266-S2-030 (Revision G) - Level 3 Shortland Street Entrance
Level, dated 16/05/07
- Drawing number 266-S2-040 (Revision G) - Level 4 Commercial Level, dated
16/05/07
- Drawing number 266-S2-050 (Revision F) - Level 5 Commercial Level, dated
16/05/07
- Drawing number 266-S2-060 (Revision F) - Level 6 Commercial Level, dated
16/05/07
- Drawing number 266-S2-070 (Revision F) - Level 7 Commercial Level, dated
16/05/07
- Drawing number 266-S2-080 (Revision F) - Level 8 Breezeway Gym & Pool, dated
16/05/07
- Drawing number 266-S2-085 (Revision F) - Level 8 Mezzanine Apartment Lockers,
dated 16/05/07
- Drawing number 266-S2-090 (Revision F) - Level 9 Apartments, dated 16/05/07
- Drawing number 266-S2-100 (Revision E) - Level 10-14 Apartments, dated 16/05/07
- Drawing number 266-S2-150 (Revision F) - Level 15 Apartments, dated 16/05/07
- Drawing number 266-S2-160 (Revision F) - Levels 16-18 Apartments, dated 16/05/07
- Drawing number 266-S2-190 (Revision E) - Level 19 Apartments, dated 16/05/07
- Drawing number 266-S2-200 (Revision E) - Levels 20-23 Apartments, dated 16/05/07
- Drawing number 266-S2-240 (Revision A) - Levels 24-25 Apartments, dated 16/05/07
- Drawing number 266-S2-260 (Revision E) - Levels 26 & 27 Apartments, dated
16/05/07
- Drawing number 266-S2-280 (Revision A) - Level 28 Apartments, dated 16/05/07
- Drawing number 266-S2-300 (Revision E) - Level 29-30 Apartments, dated 16/05/07
- Drawing number 266-S2-310 (Revision E) - Level 31 Apartments, dated 16/05/07
- Drawing number 266-S2-320 (Revision E) - Level 32 Apartments, dated 16/05/07
- Drawing number 266-S2-330 (Revision E) - Level 33 Apartments, dated 16/05/07
- Drawing number 266-S2-340 (Revision E) - Level 34 Apartments, dated 16/05/07
- Drawing number 266-S2-350 (Revision E) - Level 35 Plantroom and Roof Plan, dated
16/05/07
- Drawing number 266-S2-360 (Revision D) - Level 36 Lift Machine Room and Plant,
dated 16/05/07
- Drawing number 266-S2-370 (Revision C) - Level 37 Roof Plan, dated 16/05/07
- Drawing number 266-S2-501 (Revision F) - Section B-B, Entry Ramp, dated 29/05/07
- Drawing number 266-S2-601 (Revision E) - East Elevation, dated 16/05/07
- Drawing number 266-S2-602 (Revision E) - North elevation, dated 16/05/07
- Drawing number 266-S2-603 (Revision E) - South Elevation, dated 16/05/07
- Drawing number 266-S2-604 (Revision E) - West Elevation, dated 16/05/07
- Drawing number 266-S2-605 (Revision B) - Façade View Shortland Street, dated
16/05/07
- Drawing number 266-S2-606 (Revision B) - Façade View Fort Street, dated 16/05/07
- Drawing number 266-S2-610 (Revision A) - Through Site Link Perspectives and
Sections, dated 16/05/07
- Drawing number 266-S2-801 (Revision A) - External Details balcony Bifold
Louvres, dated 06/06/07
and in accordance with the assessment of effects prepared by Haines
Planning Consultants, dated November 2003, and by John Childs Consultants
Limited, dated 28 October 2005 and 5 June 2007 and supplementary information
submitted with the application including:
- Environmental site assessment report, prepared by Kingett Mitchell Ltd, dated
December 2004
- Wind
opinions from Associated Professor P J Richards dated September 2003 and
December 2005 and Professor Richard Flay dated 7 May 2007
- Traffic Impact Assessment prepared by G & H Transportation Consultants Ltd,
dated 28 October 2005 and 27 April 2007
- Statement on waste management issues prepared by John Childs Consultants Ltd,
dated 16 November 2005
- Letter from John Childs Consultants Ltd, dated 17 November 2005
- Architectural design statement by ClarkBrown Architects 30 April 2007
- Letter from Dr Do Van Toan (Becas) dated 16 May 2007
- Urban
Design Assessment prepared by Barry Rae Transurban Ltd dated 16 May 2007
all
referenced by Council as LUC20031242001 and LUC20031242002.
Financial Contribution
- The resource consent holder shall have paid to the Council as a
reserve contribution prior to the commencement of any building development in
accordance with this consent, an amount equal to 0.5% of the assessed
construction value of the development as determined by the Council. For this
purpose the assessed value shall be as defined under Section 270 of the Local
Government Act 1974. In determining the actual sum of the reserve contribution
to be paid, any contribution already paid as required by condition of
subdivision consent will be deducted from this amount.
Monitoring
- The consent holder shall pay to the Council a consent compliance
monitoring charge of $1,500 (inclusive of GST), plus any additional monitoring
charge or charges to recover the actual and reasonable costs that are incurred
to ensure compliance with the conditions attached to this consent. (This charge
is to cover the cost of inspecting the site, carrying out tests, reviewing
conditions, updating files, etc, all being work to ensure compliance with the
resource consent.)
The $1,500 (inclusive of GST) charge must be paid as part of the
resource consent fee and the consent holder will be advised of the additional
monitoring charge or charges as they fall due. Such additional charges are to
be paid within one month of the date of invoice.
Administrative Charges
- The resource consent holder shall pay any administrative charge fixed
in accordance with section 36(1) of the Resource Management Act 1991 or any
additional charge required pursuant to section 36(6) of the Resource Management
Act 1991, wherever appropriate.
Urban
design
- Prior to building consent being issued, the details of exterior
materials, colours and finishes of all parts of the building, including possible
textured/aggregate concrete finishes to the east and west elevations, shall be
submitted to Council (Manager: Central Area Planning) for approval, having
regard also to the architectural design statement by ClarkBrown Architects dated
30 April 2007, submitted with the application.
- Architectural detailing of the Shortland Street tower elevation shall
be articulated with façade "Option 2" as shown on drawing number 266-S2-603
Revision E, where every second floor slab at the stair tower is expressed with a
corresponding expressed wide joint in the adjoining copper cladding of the lift
tower.
- Each end of the through site link shall be clear glazed up to the
high level canopy and ceiling of the through-site link.
Pedestrian through-site link
- An easement in favour of Council shall be registered at the consent
holder's expense and to the satisfaction of Council over the through site link
detailed in the application. Evidence of this easement on the title of the site
(Lot 1 DP 138464) shall be submitted for the approval of the Council (Manager:
Central Area Planning) prior to works commencing on the site. The easements
shall provide for free public access across all parts of the through site link,
at least between 6.00am to midnight, daily. The easement shall ensure the
ongoing maintenance of the through site links by the owners of the land or the
body corporate (as appropriate) to the satisfaction of the Council.
- Upon use and occupation of the building, the Fort Street to Shortland
Street through site link shown shall provide for free public access at least
from 6.00am to midnight, daily.
- The through site link shall be well lit and such lighting shall comply
with the following standards:
There shall be a high vertical illuminance so that shadows of people
and indications of movement are easily seen, even at a distance; and the
lighting level over the through site link shall be between 150 lux at minimum
uniformity of 0.6.
Certification of compliance with this standard from an electrical
engineer shall be submitted to the Council (Manager: Central Area Planning)
following installation of the lighting.
Footpath Treatment
- The design of the vehicle ingress/egress crossings shall be designed
and constructed to the same levels as the footpaths on either side of the
crossing to Fort Streets using the same materials, patterns and finish as the
footpaths on either side of the proposed crossings to the satisfaction of
Council (Manager: Central Area Planning.) The crossing levels shall be a
continuation of the levels of the footpaths either side of the proposed
crossings and shall not change to marry-in with site levels.
Under
verandah lighting
- The street verandahs shall comply with rule 6.9 of the District Plan
and prior to occupation of the building lighting shall be provided under the
street verandah in accordance with rule 6.9 of the District Plan. Written
confirmation from an electrical engineer, that the proposal meets the minimum
standards of the District Plan, shall be provided to Council (Manager: Central
Area Planning) prior to occupation of the building.
Design
- The building shall be designed and such changes made to the building
as are necessary to comply with the following rules of the District Plan:
- rule
6.2.1 & 6.3 - maximum height (special height control- sunlight admission to
Freyberg Place)
A certificate from a registered surveyor confirming compliance with
this control shall be submitted to Council (Manager: Central Area Planning)
prior to construction commencing.
- The building shall be designed and such changes made to the building
as are necessary to comply with the following rules of the District Plan:
- rule
6.12Wind Environment Control; and
- rule
6.13 Glare Control.
Trees
- The consent holder shall pay the sum of $9000 + GST to Auckland City Council,
Recreation and Community Services Group (RACS) for all tree works on Shortland
Street. This
shall be paid at the time the consent holder requests the works to be undertaken
by RACS which shall be at least 10 days prior to the works being required but
shall not be prior to the issue of building consent. The cost of the works
includes the following:
- the removal of two existing street trees being two
silk trees
(located at the eastern end of the site on Shortland Street)
- the cost of replacement two street trees
- planting of the replacement street trees
- a pit for the replacement street trees
- aftercare and maintenance of the replacement street trees
- watering of the replacement street trees
- RACS administration of the required works.
- The consent holder shall ensure that the three street trees to remain
(two Titoki and one Taraire) are protected throughout the construction phase to
the satisfaction of Council (Recreation and Community Services arborist.) The
gantry shall be positioned in a location agreed with Council's Recreation and
Community Services arborist.
- Any construction methodology and services shall avoid any works within
the dripline of the existing street trees (that are to remain) on Shortland
Street.
Contamination
- The consent holder shall submit a Remediation Action Plan, (RAP) in
accordance with the Contaminated Land Management Guidelines No.1 - Reporting on
Contaminated Sites in New Zealand, MFE 2001, and Guidelines for Assessing and
Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, MFE 1999. The
RAP shall detail the remediation procedures and methodologies to be employed
during the construction phase and for the long term management of the site.
Specific attention shall be paid to the management and off-site disposal of
excavated soils and materials. The RAP shall be approved by the Team Leader,
Compliance Monitoring prior to the commencement of any preparation works or
earthworks on the site.
- The consent holder shall submit a site validation report, (SVR) in
accordance with the Contaminated Land Management Guidelines No.1 - Reporting on
Contaminated Sites in New Zealand, MFE 2001, and Guidelines for Assessing and
Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, MFE 1999. The
SVR shall validate the objectives given in the RAP, detail any variances from
the proposed RAP and show the results of validation sampling where applicable.
The SVR shall contain evidence of the disposal of contaminated material to
landfill where this has occurred. The SVR shall be approved by the Team Leader,
Compliance Monitoring prior to occupation of the building.
Traffic and Parking
- No more than 83 carparking spaces shall be allocated to the retail and
commercial activities on the site. The remainder of the car parking spaces
shall be allocated to residential units on the site.
- Prior to use and occupation of the building convex mirrors shall be installed at
all corners for each parking level to alert the drivers there is an approaching
car about to turn the corner at the same time.
- Prior to use and occupation of the building a sign stating that 'Trucks are not
permitted to reverse onto Fort Street' (or similar) shall be installed at the
loading space. The sign is to be clearly
visible to and readable by truck drivers. Service deliveries shall not be
permitted between 7:00 am and 9:00 am Monday to Friday.
- Prior to use and occupation of the building an audio/visual warning sign and a
'Give way to pedestrians' sign shall be installed at driveway crossings on Fort
Street.
- Unless allowed by a separate resource consent, the car parking spaces
to be provided within the building shall only be used ancillary to the permitted
uses of the building and no parking spaces shall be leased or otherwise allowed
to be used for activities not associated with the use on the site.
Construction
- Prior to any works commencing on site, the resource consent holder
shall submit for the approval of the Council (Manager: Traffic & Roading
Services in consultation with Team Leader: Compliance Monitoring), a traffic
management plan. The plan shall address all traffic management details as
listed in Appendix 1 to these conditions of consent including:
- How
deliveries would be made to the site
- Location of unloading and loading facilities including an application for the
temporary use of the road space for loading and unloading if required
- Application for the temporary re-location of the bus stop during construction
- How
construction cranes would be brought to and removed from the site
- Hours
of operation
- Location of parking for workers and sub-contractors vehicles
- When
vehicles would be able to use the roadway to load or unload
- Maintenance of pedestrian access and access to neighbouring properties
- Signage.
- The consent holder shall provide to the satisfaction of the Council
(Team Leader: Compliance Monitoring in consultation with the Manager: Traffic
and Roading Services) and prior to
construction commencing, a construction management plan specifying:
- Who
the site manager is and contact details (phone, facsimile, postal address)
- Measures to be adopted to maintain the site in a tidy condition in terms of
disposal/storage of rubbish, storage
- and unloading of building materials and similar
construction activities
- Procedures for controlling and removal of construction materials from public
roads or places
- Proposed numbers and timing of truck movements throughout the day
- Location of workers conveniences (eg portoloos)
- Ingress and egress to and from the site for demolition and construction
vehicles.
- All work on the site shall be carried out in accordance with the
approved Traffic Management Plan and the Construction Management Plan required
by the above conditions.
- The loading and unloading of all vehicles and storage of materials,
plant and equipment associated with the building construction, shall take place
within the site boundaries of this application unless otherwise allowed by the
prior written approval of the Council (Manager: Traffic and Roading Services).
- A wheel wash shall be installed and used on the site during the full
period of construction to ensure that loose material associated with excavation,
removal of soil and debris and delivery of construction materials is not carried
by vehicle tyres and deposited on public roads. During such times the road
carriageway adjacent to the site shall be hosed down at the end of each working
day.
- The consent holder shall implement suitable sediment control measures
during all earthworks to ensure that all stormwater runoff from the site is
managed and controlled to ensure that no silt, sediment or water containing silt
or sediment is discharged into stormwater pipes, channels or soakage systems in
accordance with Annexure 8, Earthworks of the Auckland City Proposed District
Plan 1997 Central Area Section (as amended by Council decisions - 12 October
2000). These measures shall remain in place until the completion of the
development.
- Prior to any works commencing on the site, the resource consent holder
shall obtain the approval of the Council (Manager: Traffic and Roading Services)
for the proposed method of protection of footpaths and underlying services
affected by the movement of vehicles to and from the site and by works being
carried out on the site. Proposed methods may include the laying of timber
planks or the provision of a reinforced concrete overlay. The method selected
will depend on how the footpath will be impacted by vehicles.
- Should any damage occur in the course of development of the site, the
consent holder shall bear all costs relating to the reinstatement of the
affected footpath, street furniture and trees and/or affected services. All
reinstatement work shall be carried out at the direction and to the satisfaction
of the Council (Manager: Traffic and Roading Services).
- All site works shall be carried out so as not to create a dust
nuisance on the site and the surrounding area. In order to prevent the
dispersal of dust and other particles from adversely affecting adjoining sites,
the consent holder shall dampen the area of earthworks so that the emission of
dust and other particles is minimised.
- All construction works including mechanical digging equipment and/or
commercial earth moving equipment shall be restricted to the hours of between
7.30am to 6.00pm Monday to Friday, and 8.00am to 1.00pm Saturday. No works
shall be undertaken on Sundays and public holidays. This is to ensure amenity
is maintained for surrounding neighbours. In terms of crane erection and
dismantling, this may be undertaken outside of these hours but only with the
explicit written approval of the Manager: Central Area Planning.
- There shall be no movement of heavy vehicles to and from the site
during the peak traffic periods of normal working days between the hours of
7.00am to 9.00am, and 4.00pm to 6.00pm
unless agreed to otherwise by Council's Transport Assets Group for specific days
or a specific duration as requested by the applicant and with regard to the work
hours specified in condition 34.
- All construction activities carried out on the site shall be designed
and conducted in a manner such that any noise from the site shall not exceed the
noise limits in rule 7.6.4 of the Auckland City Operative District Plan 2004
Central Area Section.
- Footpath crossings no longer required following completion of works
shall be reinstated as footpath and the kerbs replaced, to the satisfaction of
Council (Team Leader: Compliance Monitoring). The costs of this work shall be
borne by the consent holder.
Refuse
- Facilities for the storage,
collection and disposal of refuse shall be provided on the site at all times to
the satisfaction of the Council (Manager: City Planning.) Prior to the
lodgement of the building consent for the construction of the building, a copy
of a waste management plan shall be lodged with the Council by the consent
holder which shall include designated sites for refuse bins for the collection
and storage of glass, paper, plastic and metal cans and collection details. The
required plan shall be prepared to the satisfaction of the Council (Team Leader:
Compliance Monitoring in consultation with the Senior Environmental
Policy Analyst: City Planning) and shall be
in accordance with the Council's waste reduction policy.
Bicycle Storage
- Prior to the building consent
being issued, the consent holder shall prepare a plan and make secure provision
within the premises for resident and visitor bicycles for the approval of
Council (Team Leader: Compliance Monitoring). Bicycle storage shall be provided
in accordance the approved plan.
Billboards
- The existing billboard shall be removed from the site. No billboards
shall be erected on the building or on the application site. All other signage
associated with the activity on the site shall comply with the Auckland City
Council Consolidated Bylaw 1998 or shall be approved via a dispensation from the
bylaw or via a resource consent.
Loading spaces
- The required off street loading spaces and associated service and
access areas shall remain within the common property area of the development.
Balcony Louvres
- The balcony bi-fold louvre screens shall have fixed louvres (not
adjustable) and shall be attached only to the side frames (i.e. not in the
centre) of the balcony for each apartment. Details showing compliance with this
condition shall be submitted with the building consent drawings.
Site
Development
- Development on this site shall follow the content and recommendations
(I to 9) of Beca Consulting report dated 16 May 2007. Particular care shall be
required with respect to:
- Further geotechnical and site Analysis/investigation/ monitoring
- Construction/groundwater monitoring
- Any damage to services to adjacent properties resulting from the
development shall be rectified in full by the Consent Holder at their own cost.
- A full review of the final geotechnical analysis and design shall be
undertaken by an appropriately qualified geotechnical engineer and submitted to
the Council with the building consent application.
- Temporary connection of pump outlets to public or private drains shall
be to the satisfaction of ACE Team Leader Monitoring on advice from Metrowater.
- Prior to any earthworks being undertaken, the Consent holder shall
provide to ACC Team Leader Monitoring an action plan for
monitoring/protecting/rectifying adjacent public services, buildings and land
form the effects of settlement during construction. This shall be to the
satisfaction of ACE Team Leader Monitoring on advice from Metrowater.
ADVICE NOTES
- 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.
- This resource consent will expire five years after the date of
commencement of consent unless: (a) some other date is specified in the consent;
(b) It is given effect to before the end of that period; or, (c) Upon an
application made prior to the expiry of that period (or such longer period as is
fixed under section 37 of the Resource Management Act), the Council fixes a
longer period. The statutory considerations that apply to extensions are set out
in section 125(1)(b) of the Resource Management Act 1991.
- A copy of this consent should be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader Compliance Monitoring and
include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- 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.
- 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.
- 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.
- Where as a result of more detailed design being carried out on a
proposed building, significant differences arise between the plans approved as
part of a land use resource consent, and those plans intended to be submitted
for a building consent, the resource consent holder should contact Council town
planning staff to ascertain whether or not a further resource consent or a
change in consent conditions is required to meet those changes.
- Where plans submitted for a building consent include changes or
additional works which require a new resource consent or changes to an existing
resource consent and for which no such authorisation has been obtained, the
Council may under Section 37 of the Building Act 2004, attach a certificate to
any building consent issued, to the effect that none or only some of the
proposed building work may be proceeded with until the further authorisation
required under the Resource Management Act, 1991 has been obtained.
- The consent holder is requested to ensure that adequate on-site
laundry facilities are provided for the tenants of the residential units and
that tenants are discouraged from drying washing in the public view, in the
interests of residential amenity.
- It is essential that the building is allocated a single standard unambiguous
street address for both emergency and administrative purposes. Contact should
be made with the street numbering section of Auckland City Environments in order
that any issues regarding street numbering can be resolved at an early stage.
- Access to adjacent sites for foundation investigation/underpinning
shall require the consent of the property owner.
- The consent holder is advised of the following comments received from Metrowater
regarding infrastructure issues:
Stormwater
The stormwater of the proposed development can be served by the
existing 450mm-diameter stormwater drainage at Fort Street. The AMIS plan shows
that Fort Street is affected by Type A
flooding. The consent holder is to ensure that the proposed
development will be protected from flooding at Fort Street.
Wastewater
The AMIS plan indicates that the existing 150mm-diameter wastewater
drainage serving the site (via MH-NU4525) at Fort Street is running downstream
to Commerce St (225mm-dia) Customs Street East (300mm-dia) and the
300mm-diameter wastewater line at Beach Road draining to WaterCare line.
The existing 300mm-diameter public wastewater drainage from
MH-NI9362 downstream to WaterCare line along the southern side of Beach Rd is
under capacity. The proposed development will create additional loading to the
said existing 300mm-dimeter wastewater line at Beach Rd.
A contribution toward the upgrading of the said existing wastewater
line in Beach Rd will be required. The contribution shall be a sum advised by
Metrowater. Please contact Metrowater for more details.
Water
The
existing watermain at the southern end of Fort St has a modelled pressure of
approximately 65m to 70m
The
proposed development shall comply with the requirements and approval of the NZ
Fire Service
Backflow prevention device will be required for the fire and domestic water
supply connection
The
Network Upgrade Charge (NUC) will be applicable to the proposed development and
the details can be obtained from Metrowater.
- The consent holder is advised of the following comments received from Auckland
City Environments (ACE) regarding infrastructure issues:
Water
Supply- Fire Fighting
The
consent holder is 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 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.
Water
Supply- Internal supply
The
Consent Holder is advised that pumping and or onsite storage arrangements shall
be required to accommodate the internal water demand for the development. Costs
for these arrangements shall lie entirely with the Consent Holder.
The
Consent Holder is advised that storage facilities that require tanks
(particularly large vessels) and the like on the roof of the building may be
considered as additional height to the building.
The
existing 3 connections and valve arrangements to the above site shall be
required to be detailed with the building consent application. Details required
will include position, depth and diameter.
Wastewater
The
Consent Holder is required to contribute funds towards the upgrade of the public
300mm diameter public sewer located in Beach Road. The amount and clearance of
funds shall be to satisfaction of ACE Team Leader Monitoring (on advice from
Metrowater) prior to any occupancy of the buildings. Contact should be made
with Metrowater directly for an agreement in cost, prior to any consent being
issued.
Flooding
The
access ramp and vehicle crossing areas for the building is be constructed so as
to ensure water is deflected back to the road reserve to prevent ingress of road
water into the building. Details shall be provided with the building consent
application.
The
Consent Holder is advised of the flood levels contained within the Central
Business District Catchment Management Plan held by Council. Compliance with
Part E1, Section 2 of the Building Code shall be required with any building
consent application.
CARRIED
5.3. 155 BEACH ROAD, AUCKLAND CENTRAL
That pursuant to sections 93 and 94 of the Resource
Management Act 1991, this application be processed without notice because:
- For
the purposes of section 93(1), the adverse effects of the proposal on the
environment will be minor so no public notification is required
- For
the purposes of section 94, no persons are considered adversely affected by the
activity
- In
accordance with section 94C(2), there are no special circumstances that warrant
notification of the application.
Pursuant to section 104B of the Resource Management Act 1991, the
discretionary activity resource consent application by Tourism Holdings Limited
to establish a motor vehicle rental facility at 155 Beach Road, Auckland
Central, referenced as Unit 1/1 DP 358392, Unit Title 237856, as described in
the application material and plans by Beca Carter Hollings & Ferner Ltd, all
referenced by Council as LUC2007010500, which involves the following matters:
- Establishment of a motor vehicle rental facility in a 'less pedestrian
orientated area'
- Provision of one loading space where two are required
- Reverse manoeuvring from a loading space within a Defined Road Boundary
- Vehicular access within an Interchange Control Area
shall
be granted consent and subject to the conditions which follow.
Pursuant to section 113(1)(a) of the Resource Management Act 1991,
the reasons for this land use resource consent are as follows:
- In terms of section 104(1)(a) of the Act, and subject to recommended
conditions of consent, any adverse effects on the environment will be no more
than minor.
- In terms of section 104(1)(b) of the Act the proposal is consistent
with the relevant policy statements and plans including the objectives, policies
and assessment criteria of the Operative Plan including those contained within
Part 4.2 (Strategic Management Areas Section) and Part 9 (Transportation
Section).
- In terms of section 104(1)(c) of the act, all relevant matters have
been taken into account including monitoring and financial contributions.
- The activity is consistent with Part II of the Act.
Pursuant to sections 113(1)(ab), (ac), (ad) and (ae):
Relevant Statutory Provisions
The
following statutory provisions have been taken into account in the assessment of
this application: Part II and sections 93, 94, 94A, 94B, 94C, 100, 104, 104B and
113.
Relevant Plan Provisions
The
following relevant plan provisions have been taken into account in the
assessment of this application: Auckland City Operative District Plan- Central
Area Section including Part 4.2 (Strategic Management Areas Section) and Part 9
(Transportation Section).
Issues in Contention
There
were no issues in contention.
Summary of Evidence
The
following evidence was heard and considered by the Council:
- Assessment of Environmental Effects entitled 'Motorhome Showroom/Rental
Facility at 155 Beach Road: Assessment of Environmental Effects', prepared
by Beca Carter Hollings Ltd, dated January 2007
- Letter entitled 'Resource Consent Application 155 Beach Road- Further
Information', prepared by Beca Carter Hollings Ltd, dated 1 June 2007
- Letter entitled 'Tourism Holdings Ltd, 155 Beach Road, Auckland LUC20070105001
Additional Information', prepared by Traffic Planning Consultants Ltd, dated 18
April 2007
- Letter entitled 'Tourism Holdings Ltd, 155 Beach Road, Auckland LUC20070105001
Additional Information', prepared by Traffic Planning Consultants Ltd, dated 10
April 2007
- Traffic Report prepared by Council's consultant Traffic Engineer, Mr Pravin
Dayaram, entitled '155 Beach Road Proposed Campervan Rental Activity',
dated 11 June 2007.
Main
Findings of Fact
The
Committee considers that the main 'findings of fact' are that:
- The
activity is located within Strategic Management Area 2 (Harbour Edge) and in a
Less Pedestrian-Orientated area in accordance with the Operative District Plan
- The
proposal involves the establishment of a rental vehicle facility within an
existing building at 155 Beach Road, Auckland Central
- The
proposal has been reviewed and supported by Council's Consultant Traffic
Engineer, Mr Pravin Dayaram (refer report dated 11 June 2007).
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the following conditions:
General
- Except where otherwise required by the conditions that follow, the
proposal shall take place in accordance with the assessment
of effects and supplementary information submitted with the
application and as shown on the plans being:
- Assessment of Environmental Effects entitled 'Motorhome Showroom/Rental
Facility at 155 Beach Road: Assessment of Environmental Effects', prepared
by Beca Carter Hollings Ltd, dated January 2007
- Letter entitled 'Resource Consent Application 155 Beach Road- Further
Information', prepared by Beca Carter Hollings Ltd, dated 1 June 2007
- Letter entitled 'Tourism Holdings Ltd, 155 Beach Road, Auckland LUC20070105001
Additional Information', prepared by Traffic Planning Consultants Ltd, dated 18
April 2007
- Letter entitled 'Tourism Holdings Ltd, 155 Beach Road, Auckland LUC20070105001
Additional Information',
prepared by Traffic Planning Consultants Ltd, dated 10
April 2007
all
referenced by Council as LUC20070105001.
Parking
- The
largest size of
vehicles parking on/delivered to the site shall be limited to the two-berth
mini-bus type vehicle. This
is similar in size to a 99-percentile car as defined in the District Plan.
- The
maximum number of vehicles to be parked on the site shall comprise a combined
total of twelve (12) vehicles (a maximum of nine (9) of the largest sized
vehicle as described in condition 2 above and three (3) 99-percentile cars that
can fit under the mezzanine) or a combination thereof.
- Parking
of vehicles shall be limited to the third column (west to east) from the edge of
the mezzanine floor (that is, over three grid rectangles). The floor of the
remaining two grids shall be marked with hatched yellow lines to indicate the
manoeuvring area and that no vehicle are permitted to park there other than
temporarily for drop-offs.
- All
vehicles shall be manoeuvred within the building with the following exception.
The area between the front of the building and road boundary shall not to be
used for permanent parking but shall be left open so that this area can be used
for rental vehicle manoeuvring and temporary rental vehicle parking ONLY if the
need arises to shift vehicles around within the building and parking vehicles in
this space would make it easier to achieve this.
- The
area between the front of the building and road boundary shall be kept clear and
available at all times, free of charge and impediment, for vehicles used in
conjunction with the particular activity to which the loading spaces relate on
the site, and shall not be used for the deposit or storage of any goods or
materials or for any other purpose. This area shall only be used for the
required off street loading space, and potential manoeuvring as outlined in
condition 5 above.
- Vehicles shall be manoeuvred only by staff except when a customer directly
enters or exits the site.
- All
rental vehicles shall enter and exit the site only in a forward direction. There
shall be no reverse manoeuvring on or off the road of the rental vehicles.
- The
consent holder shall install a vehicle warning device and a "Give Way to
Pedestrians" sign at a location clearly visible from the vehicular crossing, to
the satisfaction of Council (Manager: Resource Consents, ACE). The consent
holder shall meet the costs associated with the installation of such measures.
Note: The Manager: Resource Consents shall consult with Transport Assets &
Operations, Safety. The applicant shall install the system so that the sign is
only activated when a vehicle is exiting or entering the site and not when
vehicles are being manoeuvred within the building at the subject site.
- The
existing driveway crossing outside of the 6m required vehicle crossing width at
street frontage shall be reinstated as kerb and footpath in accordance with the
standards outlined in Clause 9.7.2.7 of the District Plan. A broken yellow line
shall be installed along the reinstated kerb line up to the adjacent driveway
across to the south. This shall be undertaken in consultation with Council's
Transport Assets and Operations Division. The cost of all reinstatement shall be
the consent holders responsibility to pay.
- A
detailed site management plan shall be submitted to the Council (Manager:
Central Area Planning) for approval, prior to the operation of the activity on
the site including detail on the following:
- The
maximum number and types of vehicles allowed on site at any one time
- Parking arrangement and manoeuvring on site
- Procedures for undertaking bookings and relaying appropriate pick up/drop off
information to customers
- Procedures for alternative pick up/drop off for vehicles should bookings occur
when maximum numbers have been reached on site e.g. pick up/drop off at
customers accommodation
- Procedures relating to storage of vehicles on site and transfer to other
facilities.
- The operation of the car rental facility outlined in this consent
shall take place in accordance with the approved site plan.
Review
- Pursuant to section 128 of the
Resource Management Act 1991, the Council may serve notice on the consent holder
of its intention to review conditions 2 to 12 above of this resource consent:
- within two years of the operation of the facility
- for the purpose of ensuring that
there are no adverse effects upon pedestrian and traffic safety, or traffic
generation and road capacity.
The consent holder shall meet all costs associated with any review.
Monitoring
- The consent holder shall pay to the Council a consent compliance
monitoring charge of $750 (inclusive of GST), plus any additional monitoring
charge or charges to recover the actual and reasonable costs that are incurred
to ensure compliance with the conditions attached to this consent. (This charge
is to cover the cost of inspecting the site, carrying out tests, reviewing
conditions, updating files, etc, all being work to ensure compliance with the
resource consent.)
The
$750 (inclusive of GST) charge must be paid as part of the resource consent fee
and the consent holder will be advised of the additional monitoring charge or
charges as they fall due. Such additional charges are to be paid within one
month of the date of invoice.
Administrative Charges
- The resource consent holder shall pay any administrative charge fixed
in accordance with section 36(1) of the Resource Management Act 1991 or any
additional charge required pursuant to section 36(6) of the Resource Management
Act 1991, wherever appropriate.
ADVICE NOTES
- 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.
- This resource consent will expire five years after the date of
commencement of consent unless: (a) some other date is specified in the consent;
(b) It is given effect to before the end of that period; or, (c) Upon an
application made prior to the expiry of that period (or such longer period as is
fixed under section 37 of the Resource Management Act), the Council fixes a
longer period. The statutory considerations that apply to extensions are set out
in section 125(1)(b) of the Resource Management Act 1991.
- A copy of this consent should be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify Council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification should be sent to the Team Leader Compliance Monitoring and
include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- 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.
- 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.
- If this consent and its conditions alter or affect a previously
approved building consent for the same project you are advised that a new
building consent may need to be applied for.
CARRIED
5.4. 75 VICTORIA STREET WEST, AUCKLAND CENTRAL
That
pursuant to sections 93 and 94, 94A, 94B, 94C and 94D of the Resource Management
Act 1991, this application be processed without notice because:
- In
accordance with section 93(1)(b), the adverse effects are minor and this
application need not be publicly notified
- In
accordance with section 94D(3) the application need not be notified pursuant to
section 94 (limited notification) because other than the New Zealand Historic
Places Trust whose written approval has been obtained no persons are considered
adversely affected by the proposal
- In
accordance with section 94C(2) there are no special circumstances to warrant
notification.
Pursuant to section 100 of the Resource Management Act 1991 the hearing of this
application be dispensed with as unnecessary because the applicant has agreed in
writing that the recommended conditions of consent are acceptable.
Pursuant to section 104C of the Resource Management Act 1991, the restricted
discretionary activity resource consent application by Bearing South Limited to
demolish an existing two storey annex and replace with a new addition at 75
Victoria Street West, Auckland Central, Auckland City, being Pt Allotment 19
Section 21 Town of Auckland as described in the application material and plans
by Graham Crust Architects Ltd, all referenced by Council as LUC20060622701,
which involves the following matters:
- alterations and additions to an existing building
- demolition of an existing two storey annex to the northern side of the former
"Aurora Hotel"
- construction of a new contemporary building addition to the northern side of the
former "Aurora Hotel" consisting of the following being:
- o 3 levels at the Federal Street frontage with additional levels 4 and
5, being a penthouse apartment, set back 15 metres from the Federal Street
frontage
- o a roof garden with spa, deck, and wet bar area
- restoration and maintenance to the existing exterior of the former "Aurora
Hotel"
- non-provision of a loading bay
- non-provision of a pedestrian verandah on the Victoria Street West frontage
shall
be granted consent under delegated authority in accordance with the above
recommendations and subject to the conditions which follow.
Pursuant to section 113(1)(a) of the Resource Management Act 1991,
the reasons for this land use resource consent are as follows:
- In terms of section 104(1)(a) of the Act, any adverse effects on the
environment will be no more than minor and can be further mitigated by
conditions of consent.
- In terms of section 104(1)(b) of the Act the proposal is consistent
with the relevant policy statements and plans, including the relevant District
Plan objectives and assessment criteria including the provisions under SMA 1 - Core Strategic Management Area, Chapter 10 - Heritage, Chapter 9 -
Transportation and Proposed Plan Change 2 to the Operative Plan.
- In terms of section 104(1)(c) of the act, all relevant matters have
been taken into account including monitoring and payment of a financial
contribution.
- The activity is consistent with Part II of the Act.
- The Council's Heritage Architect, Senior Urban Designer and the New
Zealand Historic Places Trust have all indicated that the proposal is an
appropriate response to protecting that part of the building that is scheduled
Category B, while enabling further development of the site that is sympathetic
to the heritage building.
That pursuant to sections 113(aa), (ab), (ac), (ad) and (ae):
- The following relevant provisions have been taken into account in the
assessment of the application: Part II and sections
36,93,94,94A,94B,94C,94D,100,104,104C and 113.
- The following relevant plan provisions have been taken into account
in the assessment of the application: Auckland City Operative District Plan 2004
- Central Area Section including the provisions under SMA 1 - Core Strategic
Management Area, Chapter 10 - Heritage, and Proposed Plan Change 2 to the
Operative Plan 2004.
- There are no principal issues in contention.
- The evidence considered in making the decision include:
- The
Assessment of Environmental Effects (AEE) submitted by Green Group Ltd dated 28
August 2006
- The
plans of proposed works prepared by Graham Crust Architects and referenced
LUC20060622701 by Council
- The
letter from Graham Crust Architects dated 20 December 2006
- The
letter received from the New Zealand Historic Places Trust dated 5 October 2006
- The
Heritage Assessment prepared by Ian Grant - Senior Heritage Architect / Planner
dated 10 October 2006
- The
recommendations of the Urban Design Panel dated 3 August 2006
- The
Urban Design Assessment prepared by Sue Evans - Senior Urban Designer dated 27
February 2007.
- The Committee considers that the main 'findings of fact' are that:
- The
site is located in the Core SMA (SMA 1), and has scheduled heritage item No. 173
(former "Aurora Hotel") located on the site
- The
Council's Heritage Architect, Senior Urban Designer and the New Zealand Historic
Places Trust have all indicated that the proposal is an appropriate response to
protecting that part of the building that is scheduled Category B, while
enabling further development of the site that is sympathetic to the heritage
building.
Pursuant to section 108 of the Resource Management Act 1991, this
consent is subject to the following conditions:
General
- Except where otherwise required by the conditions that follow, the
proposal shall take place in accordance with the assessment of effects prepared
by Green Group Ltd and supplementary information submitted with the application
and as shown on the design statement and plans, prepared by Graham Crust
Architects, entitled "Palace Hotel", being:
- Graham Crust Architects - Existing Floor Plan - Basement and Ground Floor,
Drawing No. DD0-01 Rev. A, dated 21 July 2006
- Graham Crust Architects - Existing Floor Plan - First and Second Floor - Drawing
No. DD0-02 Rev. A, dated 21 July 2006
- Graham Crust Architects - Existing Elevations, Drawing No. DD0-11 Rev. A, dated
21 July 2006
- Graham Crust Architects - Site Analysis, Drawing No. D01-00
- Graham Crust Architects - Proposed Floor Plan - Basement and Ground Floor,
Drawing No. DD1-01 Rev. A, dated 21 July 2006
- Graham Crust Architects - Proposed Floor Plan - First and Second Floor, Drawing
No. DD1-02 Rev. A, dated 21 July 2006
- Graham Crust Architects - Proposed Floor Plan - Level 3 and Level 4, Drawing No.
DD1-03 Rev. A, dated 21 July 2006
- Graham Crust Architects - Proposed Floor Plan - Roof Floor, Drawing No. DD1-04,
dated 21 July 2006
- Graham Crust Architects - Proposed Elevations - North West and South West,
Drawing No. DD1-11 Rev. A, dated 21 July 2006
- Graham Crust Architects - Existing Elevations - South East and North East,
Drawing No. DD1-12, dated 21 July 2006
- Graham Crust Architects - Proposed Sections - Drawing No. DD1-21 Rev. A, dated
21 July 2006
- Graham Crust Architects - Proposed Sections - Drawing No. DD1-22, dated 21 July
2006
- Graham Crust Architects - Federal Street Elevation - Drawing No. DD-SK02 Rev. A,
dated 21 July 2006
- Graham Crust Architects - Federal Street Perspective - Drawing No. DD-SK03,
dated 21 July 2006
- Graham Crust Architects - Federal Street Perspective 2 -, Drawing No. DD-SK04,
dated 21 July 2006
- Graham Crust Architects - Victoria Street Perspective -, Drawing No. DD-SK06,
Rev. A, dated 21 July 2006
all
referenced by Council as LUC20060622701.
Monitoring
- The consent holder shall pay to the Council a consent compliance
monitoring charge of $700.00 (inclusive of GST), plus any additional monitoring
charge or charges to recover the actual and reasonable costs that are incurred
to ensure compliance with the conditions attached to this consent. (This charge
is to cover the cost of inspecting the site, carrying out tests, reviewing
conditions, updating files, etc, all being work to ensure compliance with the
resource consent).
The
$700.00(inclusive of GST) charge must be paid as part of the resource consent
fee and the consent holder will be advised of the additional monitoring charge
or charges as they fall due. Such additional charges are to be paid within one
month of the date of invoice.
Administrative Charges
- The resource consent holder shall pay any administrative charge fixed
in accordance with section 36(1) of the Resource Management Act 1991 or any
additional charge required pursuant to section 36(6) of the Resource Management
Act 1991, wherever appropriate.
Financial Contribution
- The resource consent holder shall have paid to the Council as a
financial contribution prior to the commencement of any building development in
accordance with this consent, an amount equal to 1% of the assessed value of
works of the development as determined by the Council. For this purpose, the
value of works shall be as defined in the Auckland City Operative District Plan
2004 Central Area Section.
Heritage
- Physical protection of all heritage fabric of the former "Aurora Hotel"
shall be provided by the consent holder during all construction works. Method
statements and monitoring regimes for all demolition and excavations shall be
agreed in writing with Council (Manager: Heritage) prior to commencement of any
such works.
- No work shall be undertaken on the site, until detailed "for construction"
drawings and specifications have been completed and submitted to the for the
written approval of the Council (Manager: Heritage) identifying the following
aspects of the project:
- Restoration and remedial work methodologies, design and specification details
for all elements of the elevations, including:
- all openings; vents, doors and windows (including materials and design)
- repairs and restoration specifications
- The detail design of the exterior lighting of the building
- Roof level: design/detailing of the "mechanical plant" type elements and all
service layouts (including ducting) as proposed within the roof space of the
building
- Roof level: design/detailing of the roof terraces
- Fire protection details, including Brigade inlet and alarm indicator panel
location
- Gas and water meter locations
- Final exterior colour scheme
- Removal of the existing "Palace" neon sign, and external fire escapes
- The detail of the verandah to Victoria Street West
- Interior restoration and remedial work methodologies and details including:
- Any structural strengthening details
- Treatment of original fabric for floor, walls, partitions and ceilings
- Acoustic details to windows
- Demarcation of the extent of the original building in the interior design.
- Representatives of the Auckland City Council Heritage division shall
be advised of and may be present at regular site meetings during the
construction phase of the development to enable appropriate consultation and
monitoring on all aspects of the project as it impacts the heritage values of
the scheduled building.
- No variations to the heritage
fabric of the building or the new additions, as outlined in documents approved
as part of this consent, shall be made without the written approval of Council
(Manager: Heritage).
- Any signage proposed on the building subject of this consent shall be
the subject of further resource consent approval under the provisions of Chapter
10 - Heritage of the Operative Plan 2004 - Central Area.
Urban
Design
- Prior to occupation of the building the consent holder shall submit a
proposal for the floodlighting of the building façade for the approval of the
Council (Manager, Central Area Planning). This lighting shall be installed prior
to occupation of the new building and shall comply with the requirements of the
Operative District Plan 2004 - Central Area Section and any applicable bylaw.
- In addition to the requirements of condition (6) the location and
screening of any air-conditioning and refrigeration equipment shall be submitted
for approval by the Council (Manager, Central Area Planning) prior to the
installation of this equipment.
- The consent holder shall submit samples of materials and colour
swatches including glazing for the exterior for building for approval by the
Council (Manager, Central Area Planning) prior to lodgement of building
consent.
Construction / Demolition
- Prior to any works commencing on site, the resource consent holder
shall submit for the approval of the Council (Manager: Transport Assets and
Operations) in consultation with Team Leader: Compliance Monitoring), a traffic
management plan. The plan shall also address all traffic management details as
listed in Appendix 1 to these conditions of consent.
- The consent holder shall provide to the satisfaction of the Council
(Team Leader: Compliance Monitoring in consultation with the Manager: Transport
Assets and Operations) and prior to demolition and construction commencing, a
demolition and construction management plan specifying:
- Who
the site manager is and contact details (phone, facsimile, postal address)
- Measures to be adopted to maintain the site in a tidy condition in terms of
disposal/storage of rubbish, storage and unloading of building materials and
similar construction activities
- Procedures for controlling and removal of construction materials from public
roads or places
- Proposed numbers and timing of truck movements throughout the day
- Location of workers conveniences (e.g. portoloos)
- Ingress and egress to and from the site for demolition and construction
vehicles.
- All work on the site shall be carried out in accordance with the
approved Traffic Management Plan required by Condition (12) and the Demolition
and Construction Management Plan required by Condition (13).
- The loading and unloading of all vehicles and storage of materials,
plant and equipment associated with the building construction, shall take place
within the site boundaries of this application unless otherwise allowed by the
prior written approval of the Council (Manager: Transport Assets and
Operations).
- A wheel wash shall be installed and used on the site during the full
period of construction to ensure that loose material associated with excavation,
removal of soil and debris and delivery of construction materials is not carried
by vehicle tyres and deposited on public roads. During such times the road
carriageway adjacent to the site shall be hosed down at the end of each working
day.
- The consent holder shall implement suitable sediment control measures
during all earthworks to ensure that all stormwater runoff from the site is
managed and controlled to ensure that no silt, sediment or water containing silt
or sediment is discharged into stormwater pipes, channels or soakage systems in
accordance with Annexure 8, Earthworks of the Auckland City Operative District
Plan 2004 Central Area Section. These measures shall remain in place until the
completion of the development.
- Prior to any works commencing on the site, the resource consent holder
shall obtain the approval of the Council (Manager: Transport Assets and
Operations) for the proposed method of protection of footpaths and underlying
services affected by the movement of vehicles to and from the site and by works
being carried out on the site. Proposed methods may include the laying of
timber planks or the provision of a reinforced concrete overlay. The method
selected will depend on how the footpath will be impacted by vehicles.
- Should any damage occur in the course of development of the site, the
consent holder shall bear all costs relating to the reinstatement of the
affected footpath, street furniture and trees and/or affected services. All
reinstatement work shall be carried out at the direction and to the satisfaction
of the Council (Manager: Transport Assets and Operations).
- All site works shall be carried out so as not to create a dust
nuisance on the site and the surrounding area. In order to prevent the
dispersal of dust and other particles from adversely affecting adjoining sites,
the consent holder shall dampen the area of earthworks so that the emission of
dust and other particles is minimised.
- All construction works including mechanical digging equipment and/or
commercial earth moving equipment shall be restricted to the hours of between
7.30am to 6.00pm Monday to Friday, and 8.00am to 1.00pm Saturday. No works
shall be undertaken on Sundays and public holidays. This is to ensure amenity
is maintained for surrounding neighbours.
- There shall be no movement of heavy vehicles to and from the site
during the peak traffic periods of normal working days between the hours of
7.00am to 9.00am, and 4.00pm to 6.00pm unless otherwise approved by the Council
(Manager: Transport Assets and Operations.)
- All construction activities carried out on the site shall be designed
and conducted in a manner such that any noise from the site shall not exceed the
noise limits in rule 7.6.4 of the Auckland Operative District Plan 2004 -
Central Area Section.
Internal Noise Requirements
- All accommodation units on the site shall be designed and constructed
to provide an indoor noise level of 35dBA L10
in
any other habitable spaces (as defined in the New Zealand Building Code), based
on both:
- The
existing traffic noise levels between 10pm and 7am at all facades of the
building
- The
noise level standards at rule 7.6.3(a) of the Operative District Plan 2004 -
Central Area Section.
At
the same time and under the same physical conditions as the above internal noise
levels will be achieved, all bedrooms and other habitable spaces will be
adequately ventilated in accordance with clause G4 of the NZ Building Code and
the assessment criteria in clause 5.6.3.1(d) of the Operative District Plan 2004
- Central Area Section.
- Prior to occupation of the accommodation units on the site the consent
holder shall supply certification from an appropriately qualified acoustic
engineer, demonstrating compliance with condition (24) above.
ADVICE NOTES
- 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. This shall include obtaining any necessary air space
license and landowner approval from Council's Property Department for verandahs
over public places.
- A copy of this consent should be held on site at all times during the
all phases of the activity.
- 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 357A(2) 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.
- 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.
- 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.
- Where as a result of more detailed design being carried out on a
proposed building, significant differences arise between the plans approved as
part of a land use resource consent, and those plans intended to be submitted
for a building consent, the resource consent holder should contact Council town
planning staff to ascertain whether or not a further resource consent or a
change in consent conditions is required to meet those changes.
- Where plans submitted for a building consent include changes or
additional works which require a new resource consent or changes to an existing
resource consent and for which no such authorisation has been obtained, the
Council may under Section 37 of the Building Act 2004, attach a certificate to
any building consent issued, to the effect that none or only some of the
proposed building work may be proceeded with until the further authorisation
required under the Resource Management Act, 1991 has been obtained.
APPENDIX 1 (TO CONSENT CONDITIONS)
TRAFFIC MANAGEMENT PLAN FOR DEMOLITION & CONSTRUCTION ACTIVITIES
The
following is a list of issues that would need to be addressed in detail in any
traffic management plan being prepared for demolition and construction
activity. In particular, the plan is to include specific provision for site
management, edge treatment and site amenity as required by rule 5.6.1 of the
Auckland City Operative District Plan 2004 Central Area Section.
- ingress/egress to/from site
- materials storage
- truck
unloading/loading, particularly hours of operation and that truck movements
shall be outside of peak hours.
- concrete deliveries
- rubbish removal
- truck
movements to the site
- truck
waiting
- truck
cleaning
- subcontractors vehicles
- workers vehicles
- crainage
- cherry pickers
- pedestrian movements and pedestrian control/safety
- all
weather protection for pedestrians
- needs
of other property owners/occupiers affected by the works and how those needs
will be met (including parking, servicing, access requirements)
- equipment to be used for control of traffic
- details of all signage
- on
street parking controls and liaison with Parking Services
- impact on street lighting
- liaison with emergency services
- liaison with public transport and road transport organisations
- how
to keep footpaths and roadway clean and uncluttered
- site
sheds (on or over the street).
NB
The plan needs to take account of the full potential effects of the activity
on the public space (road, footpath, etc).
The
contractor will need to have evaluated:
- The traffic conditions
- Existing traffic and parking controls
- Physical features
- Visibility restrictions
- Requirements of other properties re: access etc.
It is
suggested that for significant construction sites there be someone appointed who
has responsibility and accountability for controlling traffic matters and
ensuring that the agreed traffic management plan is adhered to (e.g. employ
security officer).
CARRIED
[ATTACHMENT 5.4A]
5.5 156 VINCENT STREET, AUCKLAND CITY
DECISION ONE
That the decision
made by the Planning Fixtures Committee on 29 May 2007 (item 5.5) in relation to
an application at 156 Vincent Street, Auckland Central be rescinded.
DECISION TWO
Pursuant to
section 104B of the Resource Management Act 1991, the discretionary activity
resource consent application by Trustees of The Vincent Street Trust to demolish
an existing building on the site and construct a 15 level building including one
level of basement carparking at 156 Vincent Street, Auckland Central, Auckland
City (LOT 1 DP 75572, CT-32A/1052), as described in the application material and
plans by Hamish Firth and Leushcke Group Architects, all referenced by Council
as LUC20060878801, which involves the following matters:
- Demolition of a building
- Departure from the access standards required for vehicle crossings
- Reverse manoeuvring into the loading bay
- Design and appearance
- Pruning of scheduled trees
- Works within the rootzone of scheduled trees;
shall be granted
consent under delegated authority in accordance with the above recommendations
and subject to the conditions which follow.
Pursuant to
section 113(1)(a) of the Resource Management Act 1991, the reasons for this land
use resource consent are as follows:
- In
terms of section 104(1)(a) of the Act, and, subject to recommended conditions of
consent, any adverse effects on the environment will be no more than minor. In
particular, the proposal is consistent with the character and amenity of the
locality and the design, appearance, bulk and location are of a scale that is
anticipated within the vicinity. Further, all arboricultural effects are
adequately considered and are minor.
- In
terms of section 104(1)(b) of the Act, the proposal is consistent with the
relevant policy statements and plans including the objectives, policies and
assessment criteria of the Operative Plan including sections 3.5 (Resource
Management Objectives and Policies), 4.4 (Southern Strategic Management Area), 8
(Financial Contributions), 9 (Transportation) and 10.11 (Heritage, Trees) and
Plan Change 2.
- In
terms of section 104(1)(c) of the Act, all relevant matters have been taken into
account including monitoring and financial contributions.
- The
activity is consistent with Part II of the Act.
Pursuant to
sections 113(1)(aa), (ab), (ac), (ad) and (ae):
Relevant Statutory
Provisions
The following
relevant statutory provisions have been taken into account in the assessment of
this application: Part II and sections 93, 94, 94A, 94B, 94C, 94D, 104, 104B,
104C and 113.
Relevant Plan
Provisions
The relevant parts
of the Auckland City Operative District Plan 2004 Central Area Section were
considered to be sections 3.5 (Resource Management Objectives and Policies), 4.4
(Southern Strategic Management Area), 8 (Financial Contributions), 9
(Transportation) and 10.11 (Heritage, Trees) and Plan Change 2.
Principal Issues
in Contention
The application
was not the subject of a contested hearing as Council generally concurs with the
applicant's assessment. Accordingly, there were no issues in contention.
Summary of
Evidence
In summary,
sufficient information to consider the application was available, including:
- The application, all referenced by Council as LUC20020060878801, including the
AEE dated December 2006 prepared by Hamish Firth
- Wind Opinion Report prepared by Auckland Uniservices Limited (dated November
2006) for the applicant
- Architects statement by Leushcke Group Architects (dated 5 December 2006) for
the applicant
- Urban design report by Clinton Bird Urban Design Limited (dated 5 December 2006)
for the applicant
- Traffic Impact Assessment by Traffic Solutions Limited (dated 1 December 2006)
for the applicant
- Letter from Yeomans Survey Solutions Limited dated 2 December 2006
- Arboricultural assessment by Greenscene Limited (dated November 2006) for the
applicant
- Demolition & Construction Methodology (dated February 2007) for the applicant
- Urban design report by Sue Evans, Council Urban Designer dated 23 March 2007
- Traffic report by Council Consultant Traffic Engineer (Pravin Dayaram) dated 5
April 2007
- Arboricultural report by Council Consultant Arborist (Grant Sirl) dated April
2007
- Heritage report by Peri Buckley, Council Senior Heritage Officer dated 23 May
2007.
Main Findings of
Fact
The Committee
considers that the 'main findings of fact' are that:
- Under the Auckland City Operative District Plan 2004 Central Area Section the
site is located in SMA 4 (Southern) and in a less pedestrian-orientated area
- The site and development is subject to Proposed Plan Change 2 to the Auckland
City Operative District Plan 2004 Central Area Section
- The residential activity to be located within the building is a permitted
activity under the District Plan
- The proposed amount of parking is permitted by the District Plan
- The proposal complies with all applicable height and bulk requirements of the
District Plan
- The proposal has been reviewed favourably by Council's Urban Designer
- The proposal has been reviewed favourably by Council's Consultant Traffic
Engineer
- The proposal has been reviewed favourably by Council's Consultant Arborist
- The proposal has been reviewed favourably by Council's Senior Heritage Officer.
Pursuant to
section 108 of the Resource Management Act 1991, this consent is subject to the
following conditions:
General
- Except
where otherwise required by the conditions that follow, the proposal shall take
place in accordance with the assessment of effects and supplementary information
submitted with the application and as shown on the plans, prepared by Leuschke
Group, entitled "Eclipse Apartments, 152-156 Vincent Street Auckland Central",
being:
- "Basement plan", sheet no SK -01, Rev C, dated 04/12/06
- "Level 1 plan", sheet no SK -02, Rev C, dated 04/12/06
- "Level 2 plan", sheet no SK -03, Rev C, dated 04/12/06
- "Level 3 plan", sheet no SK -04, Rev E, dated 04/12/06
- "Level 4, 5, 6 plan", sheet no SK -05, Rev B, dated 04/12/06
- "Level 7-14 plan", sheet no SK -07, Rev D, dated 04/12/06
- "roof plan", Sheet no SK -08, Rev A, dated 04/12/06
- "unit plans", sheet no SK -09, Rev C, dated 04/12/06
- "section", sheet no SK -10, Rev A, dated 04/12/06
- "sketch impression - SK 12 'B'", dated 16 April 2007
And the sketches,
prepared by Stephen Mitchell Engineers Ltd, being:
- "Level 2 plan - floor structure", drg no SK1, dated 13/2/2007
- "Basement Plan", drg no SK2, dated 13/2/2007
- "Section A-A", drg no SK3, dated 13/2/2007
- "Section B-B", drg noSK4 -R1, dated 12/3/2007
- "Section C-C", drg no SK5 -R1, dated 12/3/2007
- "Section D-D", drg no SK6, dated 13/2/2007
And the
landscaping plans, prepared by Natural Habitats Landscapes, being:
- "level 1 plan", sheet no LA01, Rev B, dated 04/12/06
- "level 2 plan", sheet no LA02, Rev B, dated 04/12/06
And the landscape
plan entitled "Motorcourt landscaping" dated 13/03/07 all referenced by Council
as LUC20060878801.
Demolition and
construction
- Prior
to the commencement of demolition, the consent holder shall erect and maintain
in place a screen wall of a minimum height of 1.8m around the site. This wall
shall be constructed using either solid materials or heavy gauge wire mesh. This
wall shall remain in place until the cessation of demolition works on the site.
- Prior
to any works commencing on site, the resource consent holder shall submit for
the approval of the Council (Manager: Resource Consents, Auckland City
Environments ("ACE")), a traffic management plan. The plan shall also address
all traffic management details as listed in Appendix 1 to these conditions of
consent. Note: The Manager: Resource Consents, ACE shall consult with the
Manager: Transport Assets & Operations.
All work on the site shall be carried out in accordance with the approved
traffic management plan required by this condition.
- The
consent holder shall provide to the satisfaction of the Council (Manager:
Resource Consents, ACE) and prior to demolition and construction commencing, a
demolition and construction management plan specifying:
- Who the site manager is and contact details (phone, facsimile, postal address)
- Measures to be adopted to maintain the site in a tidy condition in terms of
disposal/storage of rubbish, storage and unloading of building materials and
similar construction activities
- Procedures for controlling and removal of construction materials from public
roads or places
- Proposed numbers and timing of truck movements throughout the day
- Location of workers conveniences (eg portoloos)
- Ingress and egress to and from the site for demolition and construction vehicles
Note: The Manager:
Resource Consents, ACE shall consult with the Manager: Transport Assets &
Operations.
All work on the
site shall be carried out in accordance with the approved demolition and
construction management plan required by this condition.
- The
loading and unloading of all vehicles and storage of materials, plant and
equipment associated with the building construction, shall take place within the
site boundaries of this application unless otherwise allowed by the prior
written approval of the Council (Manager: Transport Assets & Operations). Use of
the kerbside for loading and unloading is to be prohibited during the bus lane
operating hours of 6am-10am and 3pm-7pm.
- A
wheel wash shall be installed and used on the site during the full period of
construction to ensure that loose material associated with excavation, removal
of soil and debris and delivery of construction materials is not carried by
vehicle tyres and deposited on public roads. During such times the road
carriageway adjacent to the site shall be hosed down at the end of each working
day.
- The
consent holder shall implement suitable sediment control measures during all
earthworks to ensure that all stormwater runoff from the site is managed and
controlled to ensure that no silt, sediment or water containing silt or sediment
is discharged into stormwater pipes, channels or soakage systems in accordance
with Annexure 8, Earthworks of the Auckland City Operative District Plan 2004
Central Area Section. These measures shall remain in place until the completion
of the development.
- Prior
to any works commencing on the site, the resource consent holder shall obtain
the approval of the Council (Manager: Transport Assets & Operations) for the
proposed method of protection of footpaths and underlying services affected by
the movement of vehicles to and from the site and by works being carried out on
the site. Proposed methods may include the laying of timber planks or the
provision of a reinforced concrete overlay. The method selected will depend on
how the footpath will be impacted by vehicles.
- Should any damage occur in the course of development of the site, the consent
holder shall bear all costs relating to the reinstatement of the affected
footpath, street furniture and trees and/or affected services. All reinstatement
work shall be carried out at the direction and to the satisfaction of the
Council (Manager: Transport Assets & Operations).
- All
site works shall be carried out so as not to create a dust nuisance on the site
and the surrounding area. In order to prevent the dispersal of dust and other
particles from adversely affecting adjoining sites, the consent holder shall
dampen the area of earthworks so that the emission of dust and other particles
is minimised.
- All
construction works including mechanical digging equipment and/or commercial
earth moving equipment shall be restricted to the hours of between 7.30am to
6.00pm Monday to Friday, and 8.00am to 1.00pm Saturday. No works shall be
undertaken on Sundays and public holidays. This is to ensure amenity is
maintained for surrounding neighbours. Crane erection, removal and jumps may be
undertaken outside of these hours with the specific approval of Council
(Manager: Central Area Planning).
- There
shall be no movement of heavy vehicles to and from the site during the peak
traffic periods of normal working days between the hours of 7.00am to 9.00am,
and 4.00pm to 6.00pm unless otherwise approved by the Council (Manager,
Transport Assets & Operations).
- All
construction activities carried out on the site shall be designed and conducted
in a manner such that any noise from the site shall not exceed the noise limits
in rule 7.6.4 of the Auckland City Operative District Plan 2004 Central Area
Section.
- Footpath crossings no longer required following completion of works shall be
reinstated as footpath and the kerbs replaced, to the satisfaction of Council
(Manager: Resource Consents ACE). The costs of this work shall be borne by the
consent holder.
Traffic and
loading
- A
clear height of at least 3.8m shall be provided in the loading space and all
access to the loading space.
- The
default setting for the ramp signals shall be set at green for vehicles entering
the basement parking.
- Deliveries by service vehicles requiring to reverse manoeuvring on or off the
road shall be prohibited between the hours of 7am and 6pm. A sign complying with
the Auckland City Consolidated Bylaw - Part 27 Signs, indicating this shall be
provided.
Arboricultural
- The
proposed construction of the 'Eclipse Apartment' complex shall be carried out in
accordance with the plans drawn by Leuschke Group referred to in condition 1,
with the cantilevered floor section of level one (1), over the existing garden
bed area along a section of the western boundary of the site and within the
dripline of the scheduled Plane trees carried out as per Stephen Mitchell
Engineers Ltd drawings, reference number SK4 - R1 and SK5-R1 dated 12/3/2007.
- The
consent holder shall employ a Council approved arborist ("appointed arborist")
to monitor and supervise all works within the dripline of all the scheduled
Plane trees (x4) immediately in front of the site growing within the Council
road berm, for the duration of the construction works.
For ease of
identification the trees will be numbered 1-4 in these conditions in the same
manner as the Greenscene arboricultural assessment and Council's arborist's
report, with Tree No. 1 being the uphill, southernmost specimen and Tree No. 4
being the northernmost specimen.
- Prior
to any works commencing on site, including the demolition of the existing
building an on-site meeting shall be arranged by the consent holder so that the
conditions of consent are explained by the consent holder's appointed arborist
to all contractors, sub-contractors and work site supervisory staff who are
carrying out any works associated with the project within the dripline of any
scheduled tree covered by this consent.
- The
site meeting required by the condition above shall also be attended by the
relevant Council's arborist (or representative) and Heritage representative
responsible for the tree asset. The consent holder shall give Council's
representatives ten (10) working days prior notice of the intended date of the
meeting.
- The
consent holder shall ensure that all contractors, sub-contractors and work site
supervisory staff who are carrying out any works within the dripline of any
scheduled tree covered by this consent are advised of the conditions of consent
and act in accordance with the conditions. A copy of the conditions of consent
shall be available at all times on the work site.
- Prior
to any site works commencing, protective barrier fencing consisting of 1.8 metre
high pole/wire mesh fencing material with ground anchor spikes (or accepted
alternative approved by the Council arborist, or representative) shall be
erected at the extremities of the permeable berm area within the road reserve to
totally exclude access or the storage of any materials within the permeable berm
area that encompasses the four scheduled Plane trees.
- The
position of the protective barrier fencing around the northern most Plane tree
(tree 4) outside the subject site shall be positioned at a minimum 4 metres
distance from the southern trunk base of the tree.
- Prior
to any site works commencing the suitability and positioning of the protection
fencing shall be inspected and, if deemed acceptable, approved by the Council arborist (or representative). Thereafter the condition and position of the
protective fencing requirement shall be regularly monitored by the consent
holder's site supervisory arborist for the duration of the works.
- Prior
to any site works commencing the consent holder shall submit to the satisfaction
of Council's Arborist (or representative) information on the design, material
type and construction methods to be used to form the temporary vehicle crossing.
Prior to any site works commencing the approved temporary driveway surface shall
be laid over the existing vehicle crossing surface, the Council footpath surface
and an extra 1.5m width of the existing permeable berm area to the northside of
the existing crossing.
All vehicle
movements to access the site for the purpose of demolition of the existing
building, removal of materials and spoil and construction of the new building
shall be via the temporary vehicle crossing formation.
- All
tower crane sections shall be lifted into the site from the carriageway in a
manner that avoids any damage to the crown structure of the four (4) Plane
trees.
- The
excavations to create the building footprint to the southside of the existing
underground transformer room shall be undertaken in a manner that avoids the
need to batter the soil cut face back to the western property boundary line and
any exposed root matter shall be attended to in accordance with acceptable
arboricultural practises and the soil face and any root matter covered with
hessian material or similar until the area is backfilled.
- The
pruning of the Plane trees required to facilitate the construction of the new
building shall be carried out by the Auckland City Council appointed arboricultural contractors. The consent holder will be responsible and reimburse
Auckland City all reasonable costs associated with the tree pruning.
- The
pruning of the Plane trees shall be undertaken in a staged process and carried
out at the time the precise building alignment is confirmed as each level of the
building progresses from ground level up with the branch reduction requirements
to be confirmed on site with the Council arboricultural contractors, the Council
arborist (or representative) and the consents holders site supervisory arborist.
- The
extent of pruning permitted upon the two central of the Plane trees (being Tree
No's 2 and 3) shall be limited to the extent of providing a maximum one (1)
metre distance from the proposed new building facade with emphasis however on
reducing branches to a suitable growth point or side branch to maintain a
flowing branch line without leaving stubs in accordance with acceptable arboricultural practises.
- The
crown structure of any of the four (4) scheduled Plane trees shall not be
modified (cut) to facilitate the transportation or placement by way of tower
crane or alike any pre-cast concrete panels or any associated building
materials, or to undertake the drilling of any pile holes.
- The
crown structures of the Plane trees shall not be damaged by machinery
undertaking work within the subject site.
- The
existing crib retaining wall located within the subject site and to the east of
and within the dripline of the scheduled Plane tree (tree 3) shall remain in
place in its entirety and shall not be modified in anyway.
- The
existing garden bed area between the cribwall and the western property boundary
line shall not be modified with the only excavations permitted within the garden
area to be limited to digging for the strategically positioned pile holes with
the garden bed area to be covered in 'aged' mulch prior to the placement of any
permanent structures over the area.
- The
existing contour and ground level of the garden bed area as described in the
above condition shall not be modified with level one (1) of the complex to
cantilever over the garden area and be supported on piles and beam respectively
above the existing ground levels as per Stephen Mitchell Engineers Ltd Plans,
section B-B SK4 - R1 and section C-C SK5 - R1.
- An air
gap shall be maintained between the underside of the ground beam and the
existing ground levels to allow continued air circulation to the existing garden
bed area.
- Where
construction and excavation works are proposed to occur within the dripline of
the four (4) scheduled Plane trees, the following tree protection and work
methodologies shall be employed:
- The
removal of the existing impermeable surfaces and concrete kerbs and any
associated excavation, including that required for the creation of pole
footings, shall be undertaken by way of hand methods (i.e. spade) to identify
and preserve all tree roots that may be encountered.
- The
design of structures that are to be installed on top of pole footing structures
shall be such that relocation of footings shall occur if roots that require
retention are uncovered.
- All
tree roots encountered that measure 35mm or greater in diameter are to be
retained, carefully worked around and protected from damage. All retained roots
shall be protected from drying out by a covering of hessian or similar material
that is to be kept damp until the excavated area can be backfilled.
- All
roots that measure less than 35mm in diameter, whose removal is required only in
order to complete the required excavation, shall be cleanly cut back to the edge
of excavations with a sharp implement such as a handsaw or a pair of secateurs.
- The
appointed arborist shall only approve the removal of selected tree roots that
measure 35mm or more in diameter where he/she has consulted with the Auckland
City RACS Arborist and the Heritage Department Representative responsible for
the tree asset.
- All
pruning of roots that is required shall be undertaken by the appointed arborist
only.
- When
backfilling an excavated area, a 50mm layer of sand or topsoil shall surround
all retained roots. The 50mm layer of sand or topsoil around retained tree roots
is to be compacted by hand tamping methods only.
- Installation of suitable geotextile barriers to act as a barrier between any
concrete used and the existing soil is required where concrete is likely to come
in contact with tree roots. This is required to prevent any leachate that may
adversely affect the health and longevity of adjacent scheduled trees.
- The
services (water, telecom, gas) shall be installed within one (1) trench of no
more than 400mm wide between the two southern most scheduled Plane trees (being
Tree No's 1 and 2) with the trench alignment to be at right angles to the
Council kerb line and located 6.6m from the trunk base of the southern most
Plane tree (Tree No. 1).
- The
excavations within the Council road berm to install new utility services and to
connect to the water supply line within the permeable berm area shall be carried
out manually using hand held tools.
- The
initial excavations for the new electricity transformer room directly adjacent
the southern most scheduled Plane tree (Tree No. 1) shall be undertaken manually
using hand held tools and under the direct supervision of the consent holders arborist.
- The
width extension to the existing vehicle crossing shall not exceed 1.5m with the
total width of the crossing to be no greater than 4.5m at the kerb line and at
the western edge of the Council footpath respectively.
- The
reinstatement of the existing vehicle crossing and width extension shall be
carried out under the strict supervision of the consent holders supervisory arborist.
- The
applicant shall implement a mist irrigation system and adjustment of appropriate
lighting levels to the portion of the trees' canopies that are within the
building footprint to assist in the survival of the affected trees to the
approval of the Council's Arborist.
Bond
- The
consent holder is to undertake a tree assessment report (including colour
photographs from recorded positions) of the scheduled Plane trees. This report
is to be carried out by a Council approved arborist at the owner(s) expense and
co-signed by the Council's arborist. The purpose of this report is to determine
what the current health status of the Plane trees are in order to compare it
with the health of the tree at the time of release of the bond as detailed
below. Any negative effects on the health of this tree as a result of the works
(ie foundation, excavations and pruning etc) should then be evident.
- To
ensure the performance of the above conditions, and continued health of the
affected scheduled Plane trees, the consent holder shall pay a bond to the sum
of $80,000 to the Council.
- This bond shall be paid prior to commencement of works on the site and shall be
held as either cash or guaranteed by a registered trading bank in accordance
with Council requirements.
- The
full amount of the bond shall be held for a minimum period of 24 months from the
date of completion of construction works on the site. A partial release of 50%
of the bond shall be refunded to the consent holder 12 months after formal
completion of the construction works provided no damage or substantial decline
of the trees is evident at that point in time.
- If,
during implementation of the consent, as a consequence of a negligent act or
deliberate action on the part of the consent holder or another party acting on
the consent holder's behalf, the scheduled trees to which the bond relates are,
in the opinion of the independent arborist, damaged in any way, the bond shall
be forfeited in part or whole to the value of any remedial works, as determined
by the independent arborist.
- The
bond document shall be prepared by the consent holder at its expense and
submitted to the Council (Manager: Central Area Planning) for approval. Any
costs incurred by the Council in preparing, checking, assessing a release of
this bond shall be met by the consent holder.
- The
bond shall be held in place from the commencement of the consent for the
construction of the proposed building. At the end of the bond period (a minimum
of 24 months following completion of the project), an independent qualified arborist agreed to by both the consent holder and the Council, shall be engaged
by the Council to assess the health and condition of the trees, and submit a
written report to the Council to determine whether the bond should be released.
The applicant shall meet all costs associated with this work. If, based on the
independent arborist's report, the Council considers it inappropriate to release
all or part of the bond, a further timeframe shall be set, which is not to
exceed one additional year or one growth season of the trees. The bond will be
refunded in full where the consent holder demonstrates compliance with the
specified tree conditions, and where it is agreed that on expiry of the bond
period, the trees show no ill effects, on the dates noted above.
- If
during implementation of the consent, as a consequence of a negligent act or
deliberate action on the part of the applicant or another acting on the
applicant's behalf, the scheduled trees are removed or die, Council may
undertake removal of the dead tree(s) and plant a replacement tree(s). Such
replacement trees should be at least 4 metre specimens of the same species. The
cost of such works is to be deducted from the bond. The cost of maintenance of
the replacement tree(s) for the following 12 months shall also be deducted from
the bond.
- Where the damage is considered by Council to place the bonded tree at risk over
a longer time period, then a portion of the guaranteed bond (the value as it
relates to a replacement tree(s) will be held for a period of 24 months, or 2
ongoing seasons, whichever is the greater.
Covenants
- The Heritage Division required that a covenant shall be placed on the
title of each of the units that are within the dripline of the scheduled
Plane trees. The intent of the covenant is to inform the owner or potential
owners of limitations that will apply to this site and the dwellings and of
the owners' obligations. The limitations to be covered in the covenant are
as follows:
- All pruning work on the scheduled Plane trees requires Auckland City
Council approval and is to be undertaken by Council's arborist (or Council
approved arborist)
- An application for pruning for reasons of light admission, leaf litter,
air, shading views, allergies or health reasons is highly unlikely to be
supported by Council;
- Frequency of pruning may be sought by the owners(s), and undertaken by
Council, at intervals of no less than three years, in order to maintain the
clearance to the dwellings as stated in below;
- The unit owner(s) accepts responsibility for the lodgement of all required
resource consents for all future pruning associated with maintaining clearance
to the dwellings;
- The unit owner(s) accepts responsibilities for all costs, including costs
for scaffolding or other access provisions, resulting from resource consents and
their implementation and monitoring;
- All pruning work is to be undertaken by a Council approved Arborist at the
cost of the applicant at any point in time;
- Pruning will always be limited to maintaining a clearance distance with a
minimum distance of 0.5 meters and a maximum clearance distance of 1.0 meters
away from the dwelling.
Prior to the completion of construction and occupation of the
building, the consent holder shall enter into a formal agreement (in the
form of a covenant registered against the Certificates of title) with the
consent holder/owners(s) confirming the matters specified in the above
condition:
Such a covenant shall be prepared by the consent holder at his/her
expense and submitted to the Council (Manager: Resource Consents, ACE) for
approval prior to registration. The consent holder shall meet any costs in
relation to Council granting their approval.
The covenant is in effect for perpetuity.
Bicycle Storage
- The
consent holder shall ensure that secure provision is made within the premises
for resident and visitor bicycles. Bicycle storage facilities shall be provided
in accordance with the basement floor plan submitted in conjunction with the
application.
Financial
Contribution
- The
resource consent holder shall have paid to the Council as a reserve contribution
prior to the commencement of any building development in accordance with this
consent, an amount equal to 1% of the value of work of the development as
determined by the Council. For this purpose the assessed value of work shall be
as defined in Part 16 of the Auckland City Operative District Plan 2004 Central
Area Section.
Monitoring
- The
consent holder shall pay to the Council a consent compliance monitoring charge
of $2000 (inclusive of GST), plus any additional monitoring charge or charges to
recover the actual and reasonable costs that are incurred to ensure compliance
with the conditions attached to this consent. (This charge is to cover the cost
of inspecting the site, carrying out tests, reviewing conditions, updating
files, etc, all being work to ensure compliance with the resource
consent.)
The
$2000 (inclusive of GST) charge must be paid as part of the resource consent fee
and the consent holder will be advised of the additional monitoring charge or
charges as they fall due. Such additional charges are to be paid within one
month of the date of invoice.
Administrative
Charges
- The
resource consent holder shall pay any administrative charge fixed in accordance
with section 36(1) of the Resource Management Act 1991 or any additional charge
required pursuant to section 36(6) of the Resource Management Act 1991, wherever
appropriate.
ADVICE NOTES
- At
least one disabled park should be provided in the basement parking area.
- 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.
- This
resource consent will expire five years after the date of commencement of
consent unless: (a) some other date is specified in the consent; (b) It is given
effect to before the end of that period; or, (c) Upon an application made prior
to the expiry of that period (or such longer period as is fixed under section 37
of the Resource Management Act), the Council fixes a longer period. The
statutory considerations that apply to extensions are set out in section
125(1)(b) of the Resource Management Act 1991.
- A copy
of this consent should be held on site at all times during the establishment and
construction phase of the activity.
- The
consent holder is requested to notify Council, in writing, of their intention to
begin works, a minimum of seven days prior to commencement. Such notification
should be sent to the Team Leader Compliance Monitoring and include the
following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- 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.
- 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.
- 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.
- Where
as a result of more detailed design being carried out on a proposed building,
significant differences arise between the plans approved as part of a land use
resource consent, and those plans intended to be submitted for a building
consent, the resource consent holder should contact Council town planning staff
to ascertain whether or not a further resource consent or a change in consent
conditions is required to meet those changes.
- Where plans
submitted for a building consent include changes or additional works which
require a new resource consent or changes to an existing resource consent and
for which no such authorisation has been obtained, the Council may under Section
37 of the Building Act 2004, attach a certificate to any building consent
issued, to the effect that none or only some of the proposed building work may
be proceeded with until the further authorisation required under the Resource
Management Act, 1991 has been obtained.
- Where an
application for a unit title subdivision is lodged, the required off street
loading spaces and associated service and access areas should be included within
the common property area.
- The
consent holder is requested to ensure that adequate on-site laundry facilities
are provided for the tenants of the residential units and that tenants are
discouraged from drying washing in the public view, in the interests of
residential amenity.
- It is
essential that the building is allocated a single standard unambiguous street
address for both emergency and administrative purposes. Contact should be made
with the street numbering section of Auckland City Environments (Oliver Richards tel 353 9351) in order that any issues regarding street numbering can be
resolved at an early stage.
CARRIED
APPOINTMENT OF COMMISSIONERS
6.1. 184 GARNET ROAD, WESTMERE
- 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 change the use of the existing Meola Kitchen at 184 Garnet Road,
Westmere from a retail activity takeaway food bar to a café. The proposal will
result in a car parking shortfall of 12 spaces and a shortfall of one loading
space. The activity also requires consent as it is within 30 metres of
Residentially zoned properties.
The panel is Cr G Fryer (Chairman), Cr N Abel and Board Member G
Easte (and alternates Cr G A Mulholland (alt Chair), Cr P Sefuiva and Board
Member L Rea).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.2. 42 GEORGINA STREET, FREEMANS BAY
- 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 one Kauri tree at 42 Georgina Street, Freemans Bay.
The panel is Cr G Fryer (Chairman), Cr W A Christian and Board
Member L Wilson (and alternates Board Member C Farmer and Board Member J
Livingstone).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.3. 1 BISHOP STREET, EPSOM
- 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 one Gum tree at 1 Bishop Street, Epsom.
The panel is Cr G Fryer (Chairman), Cr W A Christian and Board
Member L Kennaway (and alternates Board Member C Farmer and K Stanton).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.4. 51-53 ALBERT STREET, AUCKLAND CENTRAL
- 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 land use consent to demolish most of the existing three-storey
car parking building at 51-53 Albert Street, Auckland Central, leaving only the
Albert Street character façade standing.
The panel is Cr F Storer (Chairman), Cr C Caughey and Cr G A
Mulholland (and alternates Board Member K Carter, Board Member C Davis, Cr W A
Christian and Cr D Armstrong).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.5. 1 LAUDER ROAD, MOUNT EDEN
- That any three persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioner to hear and make
recommendations to the Requiring Authority in respect of the Outline Plan of
Works relating to the redevelopment of Mt Eden Prison, including new buildings
to accommodate prisoners from the existing Victorian prison building and
increased overall prisoner numbers.
The panel is Mr L Simmons (Chairman), Ms K Ryan and Board Member L
Rea (and alternates Ms K Sinclair, Ms J Hudson, Board Member C Dempsey, Mr R Gee
(alt Chairman), Ms T Fordyce and Ms L McGregor).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
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
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
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 |
54 Middleton Road, Remuera - Resource Consent Appeal |
The public conduct of this matter would be likely to result in the
disclosure of information for which good reason to withhold exists under
section 7. |
Section 7(2) (j) - The withholding of the information is necessary to
prevent the disclosure or use of official information for improper gain
or improper advantage.
In particular, an appeal has been lodged with the Environment Court
against the Council's decision to grant consent to the proposed five
unit development and the disclosure of information at this stage could
be used by other parties to gain improper advantage prior to court
proceedings. |
The public conduct of this matter would be likely to result in the
disclosure of information for which good reason to withhold exists under
section 7. |
|
C2 |
98 Upland Road, Remuera - Environment Court Tree 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, a decision has been made by the Environment Court against
the Council's decision to refuse consent to the removal of a Himalayan
Cedar tree in the Residential 5 zone and the disclosure of
information at this stage could be used by other parties to gain
improper advantage prior to court proceedings. |
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 |
CARRIED
There
being no further business the Chairman declared the meeting closed at 12.50 pm.
|
