MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 10 JULY 2007 AT 11.55 AM

1. APOLOGIES

   That an apology from Cr G Fryer be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 26 June 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   There were no signs bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 53 MAY ROAD, MOUNT ROSKILL

   That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application to construct a supermarket, with associated parking, access and landscaping at 53 May Road, Mount Roskill be processed without notice because:

   • The adverse effects of the activity on the environment will be less than minor; and
   • Written approval has been obtained from every person who may be adversely affected by the activity.

   That, pursuant to section 94C of the Resource Management Act 1991, there are no special circumstances to warrant public notification of the application.

   CARRIED

   [ATTACHMENTS 5.1A and 5.1B]

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

   Note: Russell McVeigh on behalf of Progressive Enterprises tabled correspondence, which was not accepted by the Committee.

   5.2. 38 PONSONBY ROAD, PONSONBY

   Pursuant to section 104C of the Resource Management Act 1991, the restricted discretionary activity land use application by Jocargl Holdings Limited to install a sign (already in situ) that:

   • Involves a new sign on a site subject to the Ponsonby Centre Plan.

   at 38 Ponsonby Road, Ponsonby described as LOT 12 DP 242, CT 109/172 be declined consent.

   Reasons for the Decision

   1. Pursuant to section 113 of the Resource Management Act 1991, the reason for declining this restricted discretionary activity is that the sign is of a scale and design that dominates the adjacent Conservation Area.

   ADVICE NOTE

   1. The sign shall be removed within 20 working days of this decision.

   CARRIED

   That Items 5.4, 5.5 & 5.6 be taken at this time.

   CARRIED

   5.3. 280 MT WELLINGTON HIGHWAY, MT WELLINGTON

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

   • The adverse effects of the activity on the environment will be minor; and
   • Written approval has been given by every person who may be adversely affected by the activity.

   That, pursuant to section 94C of the Resource Management Act 1991, there are no special circumstances to warrant public notification of the application

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Chevron New Zealand Limited to enlarge an existing 'Caltex' service station that adds three additional pump islands, relocation of the car wash and enlarging the subway and 'Starmart' outlet on-site that:

   • Involves the alterations to an existing service station
   • Involves the location of an activity on a contaminated site
   • Involves the provision of six of the required car parking spaces on another site
   • Involves the provision of two stacked parking spaces
   • Involves additions and alterations for existing buildings in the Mixed Use zone
   • Involves two vehicle crossings that access onto Mt Wellington Highway over the permitted 6m in width

   at 280 Mount Wellington Highway, Mount Wellington described as LOT 2 DP 170170, CT 103D/325 be granted consent.

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

   Relevant Statutory Provisions

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

   • sections 104, 104B and 108 (discretionary activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Rule 8.7.7 and Clause 8.7.7.3.2(b)  - Additions and alterations to an existing service station in a Mixed Use zone
   • Rule 8.7.7 - Additions and alterations to existing buildings in the Mixed Use zone
   • Rule 12.8.1.3(i) - Provision of stacked car parking
   • Rule 12.8.1.3(iv) - Provision of car parking spaces off-site
   • Clause 5E.7.4.2 - Development of a contaminated site
   • Clause 12.9.1.2 - Traffic and parking assessment criteria
   • Clauses 8.7.7.1 and 8.7.7.2.1 - Mixed Use assessment criteria
   • Rule 12.8.2.2(ii) - Vehicular Access over Footpaths.

   Principal Issues in Contention

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

   Summary of Evidence

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

   • The Assessment of Effects prepared by Dominique Carter of Barkers and Associates, dated 22 September 2006
   • Email prepared by Gerard Thompson of Barkers and Associates, dated 25 June 2007 described as "Caltex Sylvia Park" including attachment plan X3e_30A33268.pdf
   • Plans described as "Caltex Sylvia Park 280 Mt Wellington Highway Proposed Redevelopment Plan", Drawing Number 1874D01 Rev R16, 1874D02 Rev R3, 1876 D x1
   • Landscape Plans drawn by Isthmus Group, described as "Caltex Mt Wellington Landscape Concept Plan", page 1 revision E, page 2 revision D
   • Traffic Impact Assessment by T2 Engineers pages 1-6 dated 14 September 2006
   • Signage Plan described as "Caltex Sylvia Park 280 Mt Wellington Highway Signage Elevations Details - Exg & Proposed", drawing number 1874E056
   • Signage Plan described as "Caltex Sylvia Park 280 Mt Wellington Highway Existing Signage Layout", drawing number 1874P056EX
   • Memo by Mervyn Chetty dated 22 December 2006 described as "280 Mt Wellington Highway, Mt Wellington LUC20060807201 Redevelopment of the Existing Service Station Environmental Health Considerations"
   • Memo by Megan Tibby of SKM Limited dated 15 January 2007 described as "Mt Wellington Caltex Station Consent Application Review"
   • Memo by Sally Peake of Thresher and Associates dated February 2007 entitled "Redevelopment of a Service Station 280 Mt. Wellington Highway Mt. Wellington".

   Main Findings of Fact

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

   • The proposal is considered to have no adverse visual amenity effects because of the additional proposed landscaping proposed on-site and the proposal is considered to be of an appropriate scale for the site size and the level of commercial development in the immediate area
   • The proposal will increase traffic generation to a minor degree to which it is considered that the existing road network can accommodate this increase. Council's consultant traffic engineer has indicated that the proposal is "considered acceptable and is below the estimated capacity of the twelve pump site"
   • The proposed reduction of the two existing vehicle crossings that access Mount Wellington Highway and the proposed third access to/from the Sylvia Park site to the east is considered to better manage the ingress and egress of traffic and service vehicles that utilise the subject site
   • The proposed new signage and replacement signage is considered to be of an appropriate scale to fit in with the service station extension and reflects the retail nature and commercial activities on-site. Proposed landscaping and setbacks from surrounding sites ensure that the signage does not dominate the subject site or affect the visual amenity of the streetscape
   • Lighting of the proposed extension of the service station is considered to generate similar effects to what currently exists on-site. Any adverse effects above and beyond what is existing are considered to be indiscernible because of separation distance between the proposal and surrounding residential sites and the illuminance of the surrounding environ (street lighting, car parking lighting of the Sylvia Park site and lighting on the Burger King site to the north)
   • The proposal is considered to generate similar noise effects to what currently exists on site. Any adverse noise effects above an beyond what is existing are considered to be indiscernible because of the high ambient noise level of the locale (due to traffic noise along Mt Wellington Highway) and large separation distances between the proposal and surrounding residential properties
   • The assessment of the application has not taken into account the effects on the owners of 286 Mount Wellington Highway, Mount Wellington, in accordance with section 104(3)(b) of the RMA, as this party have given their written approval.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, those minor effects relate to access and driver/pedestrian safety; traffic generation and parking, character/streetscape, hazardous substances, contaminated site, earthworks, temporary construction effects and lighting.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular those relating to:
      • Redevelopment of an existing service station
      • Provision of stacked car parking
      • Development of a potentially contaminated site
      • Provision of six car parking spaces off-site
      • Additions and alterations to buildings in the Mixed Use zone.
   3. The imposition of the following conditions will ensure that the proposal is constructed in accordance with the submitted plans and that the adverse effects from the proposal will be minor and adequately mitigated where possible.
   4. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

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

   Activity in Accordance with Application and Plans

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application. Those being:
      • Plans described as "Caltex Sylvia Park 280 Mt Wellington Highway Proposed Redevelopment Plan", Drawing Number 1874D01 Rev R16, 1874D02 Rev R3, 1876 D x1
      • Traffic Impact Assessment by T2 Engineers pages 1-6, dated 14 September 2006
      • Signage Plan described as "Caltex Sylvia Park 280 Mt Wellington Highway Signage Elevations Details - Exg & Proposed", drawing number 1874E056
      • Signage Plan described as "Caltex Sylvia Park 280 Mt Wellington Highway Existing Signage Layout", drawing number 1874P056EX.

      All referenced by Council as LUC20060444301.

      Monitoring

   2. The consent holder shall pay the Council a consent compliance monitoring charge of $1000.00 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $1000.00 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Landscaping

   3. The consent holder shall implement the landscaping depicted on the submitted landscaping plans and any additional landscaping requirements approved as part of Condition 11 within the first planting season following the completion of the works.

      The submitted landscaping plans being:

      • Landscape Plans drawn by Isthmus Group, described as "Caltex Mt Wellington Landscape Concept Plan", page 1 revision E, page 2 revision D.
   4. Textured footpaths are to be provided over all three vehicle access to enhance the profile of these pedestrian areas. This is to be to the satisfaction of Council (Resource Consents Monitoring Leader).
   5. The area of land directly south of the proposed new 'Starmart' and 'Subway' building is to be fenced off at both the eastern and western points to restrict any public access. Fences will be visually permeable. This is to be to the approval of Council (Resource Consents Monitoring Leader).

      Site Contamination

   6. That the consent holder shall, prior to commencement of any excavation or construction, undertake a contamination investigation for the entire site to determine the nature and extent of the potential contamination in soil and groundwater in accordance with Contaminated Land Management Guidelines No 5: Site Investigation and Soil Analysis, Ministry for the Environment, 2004, and provide a report of site contamination investigation to the satisfaction of the Council (Resource Consents Monitoring Leader).
   7. That the consent holder shall ensure all contaminated or hazardous materials excavated or removed from the site shall be disposed of in a licensed facility and provide evidence of disposal to the council following completion of the earthworks.
   8. If the concentrations of the contaminants are found to exceed either (a) the Tier 1 Soil Acceptance Criteria for residential land use and/or for protection of groundwater quality, specified in Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the Environment, 1999, or (b) The Canadian Soil Quality Guidelines for The Protection Of Environmental And Human Health: residential use, Canadian Council of Ministers of the Environment, 2001, following conditions 9 and 10 shall apply.
   9. That the consent holder shall, prior to excavation and construction works, submit a remediation action plan to the satisfaction of Council (Resource Consents Monitoring Leader) and then undertake remediation works in according to the approved remediation plan, and
   10. That the consent holder shall, following completion of remediation works, undertake a validation exercise to confirm the performance of the remediation works and to identify residual contamination at the site and provide to satisfaction of the Council (Resource Consents Monitoring Leader) a Site Validation Report.

       The Site Validation Report shall include:

       1. Soil and water test results for the excavated areas and for excavated soil; and
       2. Scaled plans (plan view and cross section) showing the location and contaminant details (if any) of any contaminated materials remaining on the site; and
       3. An on-going monitoring and management plan (if needed), and
       4. Evidence of disposal of contaminated materials in a licensed facility.

       Hazardous Facility

   11. The consent holder shall ensure the ground surfaces are to be sealed, contoured and drained so that the contaminated surface water and any chemical spill on the site is collected and drained to an oil separator that meets the requirement of ARC TP10 or other relevant standards prior to discharge to any private or public storm water system. A drainage plan must be approved by Council (Resource Consents Monitoring Leader) prior to lodgement of a building consent.
   12. That the consent holder shall prior to the service station commencing operation, provide to the satisfaction of Council (Resource Consents Monitoring Leader) an inspection report from a chemical engineer or a suitably qualified person confirming the installation of the new under ground fuel storage system complies with the Code of Practice for the Design, Installation and Operation of Underground Petroleum Systems and The Hazardous Substances and New Organism Act 1996 or its later version.
   13. That the consent holder shall prior to the service station commencing operation provide a site-specific site environmental management plan including spill plan and Emergency Response procedures to the satisfaction of the Council (Resource Consents Monitoring Leader).

       Lighting

   14. The consent holder shall prior to the commencement of the redevelopment, submit a lighting plan with a lighting report to the satisfaction of the Council (Resource Consents Monitoring Leader).
   15. The existing lighting and any new lighting shall be upgraded or installed so that the lights are fully recessed in to the under face of the canopy or are of full cut-off type.
   16. That prior to the site lighting commencing operation, the consent holder shall provide to satisfaction of the Council (Resource Consents Monitoring Leader) a validation report from a lighting engineer with measurements confirming the compliance with Part 13.3 and Part 27B of the Auckland City Consolidated Bylaw 1998.

   ADVICE NOTES

   1. The site contamination reports and plans should be prepared in accordance with the Contaminated Site Management Guidelines No. 1 Guidelines for Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2003.
   2. ARC discharge consent or approval may be required for the site contamination investigation and remediation work.
   3. Subject to Section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution is payable on this proposal. A notice of assessment will be sent out which outlines the quantum of the contribution payable for this consent. Please note that with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and Section 224(c) certificates for subdivisions will not be issued until the development contribution is paid.
   4. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   5. The applicant is advised that there are trees on the property which come within the tree protection rules set out in 5C.7.3 of the district plan and these cannot be cut, trimmed or have work undertaken below the dripline without a prior resource consent. If the applicant wishes to undertake the above mentioned work, a resource consent application will need to be made to the Council. Consent will not necessarily be granted to such an application. Any work undertaken near protected trees should be done in accordance with Annexure 5 of the district plan.
   6. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   7. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   8. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   9. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and 357B of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.
   10. The consent holder is advised of the requirements for the Mixed Use zone, with regards to noise, that stipulates specific noise levels for activities on the subject site. Those being:
       1. "Noise control at the Residential Zone interface:

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

   	Noise Level
   	L10	Lmax
   Monday to Saturday	50dBA	-
   0700 to 2200 hrs
   Sunday and Public	50dBA	-
   Holidays 0900 to 1800 hrs
   At all other times	40dBA	75dBA

   2. Noise Control within the Mixed Use Zone

   The L10 noise level and maximum level (Lmax) arising from any activity measured at or within the boundary of any adjacent site (not held in common ownership) within the same mixed use zoning shall not exceed the following limits:

   Mixed Use Zone
   7am to 10pm	L10 60dBA
   10pm to 7am	L10 55dBA
   	Lmax 75dBA

   CARRIED

   Note: Cr F Storer left the meeting at 1.44 pm during Item 5.3 and Cr G A Mulholland took the Chair. Cr Storer returned at 1.48pm and resumed the Chair.

   [ATTACHMENT 5.3]

   5.4. 1A TAY STREET, GREY LYNN

   That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application to construct 12 residential units with associated parking, access and landscaping at 1A Tay Street, Grey Lynn be processed with limited notice because:

   • The adverse effects of the activity on the environment will be minor; and
   • Written approval has not been obtained from every person who may be adversely affected by the activity

   The following owners/occupiers shall be notified:

   Quantum Life Limited	1 Tay Street c/o 85 Endeavour Street, Blockhouse Bay
   Occupier	1 Tay Street
   C S Enterprises Limited	3 Tay Street
   H M Milne & R C Milne	5 Tay Street
   J M Eccleshall & M Smith	7 Tay Street
   Auckland City Council - Community Planning (in consultation with Community Board Parks Spokesperson)

   That, pursuant to section 94C of the Resource Management Act 1991, there are no special circumstances to warrant public notification of the application.

   CARRIED

   [ATTACHMENT 5.4]

   5.5. 179 LONG DRIVE, ST HELIERS

   That, pursuant to section 93 of the Resource Management Act 1991, this application to construct a new fire station building to replace an existing 1930s building at 179 Long Drive, St Heliers be processed with notice because the adverse effects of the activity on the environment will be more than minor.

   CARRIED

   [ATTACHMENT 5.5]

   5.6. 192-196 JERVOIS ROAD, HERNE BAY

   That this application be deferred to get written advice from the Liquor Licence Inspector on the matter of the tavern in the restaurant.

   CARRIED

   That Item 5.3 be taken at this time.

   CARRIED

   5.7. 51 TARAWERA TERRACE, ST HELIERS

   That this subdivision application be deferred to seek written confirmation from the Council's Engineers regarding all matters relating to stormwater and overland flows on the site and downstream.

   CARRIED

   [ATTACHMENT 5.7]

   5.8. 138 ST JOHNS ROAD, MEADOWBANK

   LAND USE

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

   • It is considered that the adverse effects of the activity on the natural and physical environment, in particular, on the amenities of the immediate neighbourhood and the character of the area will be no more than minor.
   • There are no persons considered to be adversely affected by the application as the proposal represents no significant deviation from the scale, character and intensity of residential development that is envisaged for the Residential 6 zone. The effects on the immediate neighbours and wider community will lie within those that the Plan considered to be acceptable and appropriate within the zone subject to the imposition of appropriate conditions.
   • That, pursuant to section 94C, there are no special circumstances to warrant notification.

   SUBDIVISION

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

   • The subdivision is a discretionary activity and Rule 11.5.5.2 of the Operative District Plan (Isthmus) provides that such applications may be processed without notice, and
   • The land use infringements arising from the subdivision are a result of the creation of new boundaries within the site, therefore any adverse effects on the environment that may be generated by the activity for which consent is sought will be minor.
   • That, pursuant to section 94C, there are no special circumstances to warrant notification of this application.

   LAND USE

   Pursuant to section 104(C) of the Resource Management Act 1991, the non-notified restricted discretionary activity land use application by SCD Limited to erect four new residential units that:

   • Involves earthworks covering an area greater than 500m2, with 1345m2 proposed to create level building platforms and vehicle manoeuvring areas
   • Requires the removal of five generally protected trees (Liquid Amber (Height >8m), Golden Locust (Girth > 800mm), Bay Laurel (Girth > 800mm), Bottlebrush (Girth > 800mm) and Willow Myrtle (Girth > 800mm)) from the site
   • Requires works within the drip line of a generally protected Kowhai tree overhanging the north eastern corner of the property
   • Provides Units B and C will have areas of 90m2 in lieu of the required 100m2
   • Requires assessment under Plan Change 163

   at 138 St Johns Road, Meadowbank, described as Lot 8 DP 23460, CT 22B/6 be granted consent.

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for this discretionary activity consent are as follows:

   Relevant Statutory Provisions

   Sections 104A, 104B, 104C of the Resource Management Amendment Act 2003 which enables Council to grant or decline the application, section 108 and 220 of the Resource Management Act 1991 which empowers the imposition of consent conditions if the consent is to be granted, and section 104 of the Resource Management Amendment Act 2003, which specifies the matters which a consent authority must, subject to Part 2, consider in the determination of the application.

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Plan Modification 163
   • Part 5-General Rules-tree protection
   • Part 7-Residential Activity (Residential 6A objectives & policies)
   • Part 11-Subdivision
   • Part 12-Transport

   Principal Issues in Contention

   There are two issues of contention regarding this application. The first is the removal of generally protected trees from the site. The second concerns a neighbour who considers that they may be considered to be adversely affected by the proposed development.

   Findings of Fact

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

   • The site is suitable for four dwellings complying with the density requirement of Residential 6a, the removal of the trees is necessary for the development and will be mitigated appropriately and the access is considered to be suitable to serve the development.

   Reasons for the Decision

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the applicant's proposal will have no more than minor effects on the surrounding natural and physical environment. In particular, the development will have no more than minor effects on the residential character and visual amenity of the surrounding environment.
   2. The granting of consent to the applicant's proposal consistent with the relevant assessment criteria for discretionary and restricted discretionary activities. In particular, the vehicle access, tree removal and the living courts infringements shall not have more than a minor adverse effect on the environment. Replacement planting conditions as mitigation are to be imposed to offset the tree's removal.
   3. (The imposition of the following conditions will ensure that the effects of the applicant's proposal will be minor, in particular that the proposal is carried out in accordance with the approved plans and that the earthworks, silt control, landscaping and replacement planting are completed to Council specifications.
   4. The applicant's proposal is consistent with the objectives & policies of the Operative District Plan, and the sustainable management purposes of the Resource Management Act 1991.
   5. No persons are considered to be affected by the proposal, as the effects generated by the activity will lie within the scale, character and intensity deemed to be appropriate by the Plan. 

   Conditions of Consent

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

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being referenced by Council as LUC20070024001 and numbered E4621/22 as follows:
      • Sheet RC100, labelled 'Site Plan' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC101, labelled 'Site - Earthworks' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC200, labelled 'Unit A' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC201, labelled 'Elevations - Unit A' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC202, labelled 'Unit B' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC203, labelled 'Elevations - Unit B' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC204, labelled 'Unit C' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC205, labelled 'Elevations - Unit C' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC206, labelled 'Unit D' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC207, labelled 'Elevations - Unit D' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Sheet RC300, labelled 'Block Elevations' drawn by Concept Architectural Designers, Job No. 06-065, dated December 2006
      • Arboricultural report prepared by Arborsolutions Limited prepared by Richard Peers, dated 30 October 2006
      • Proposed Landscape Plan prepared by Arborsolutions Limited labelled '138 St Johns Road, Meadowbank'
      • Plan E4621/22 - Scheme Plan prepared by BCL Surveyors Limited labelled 'Proposed Development of Lot 8 23460 138 St Johns Road, Meadowbank'
      • Urban Design Report prepared by SCD Limited, dated 6 November 2006
      • Infrastructure Report prepared by JHG Engineers Limited labelled 'Proposed Development at 138 St Johns Road, Meadowbank', dated December 2006.

      Monitoring

   2. The consent holder shall pay the Council a consent compliance monitoring charge of $381.44 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $381.44 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Landscaping

   3. Immediately following the substantial completion of the dwellings, the applicant shall landscape the site in accordance with the landscape plan provided in support of this application, and attached hereto (entitled Proposed Landscape Plan - 138 St Johns Road), dated 10 July 2007.
   4. As the tree sizes are not nominated on the landscape plan, the landscaping shall include a minimum of five trees of Pb 95 grade or equivalent and 1.8 m tall at the time of planting (refer to numbers 1-5 on the plan), and a minimum of three trees of Pb 60 grade or equivalent, and 1.5 m tall at the time of planting (refer to letters A-C on the plan), together with under planting / hedging as shown on the plan.
   5. The consent holder shall notify the Resource Consents Monitoring Leader, once the landscaping required as a condition of consent has been completed. This notification shall include the species, size and location of the trees, together with the site address and land use consent reference number.

      Tree works

   6. The following measures be adopted during the project, in order to ensure that adverse effects on the protected Kowhai tree that stands in the neighbouring property to the east are minimised:
      1. During the initial clearance of the site there should be no scraping by machine of the ground within the dripline of the protected Kowhai tree that stands in the neighbouring property to the east
      2. Any roots of the Kowhai tree that may be encountered during the excavation of holes for the piles of the retaining walls that are to be built within the vicinity of the Kowhai tree should be severed cleanly
      3. The construction of the retaining walls should be carried out such that damage to the scaffolds of the Kowhai tree is avoided
      4. Backfilling against the northernmost retaining wall should taper to lesser depth when approaching the northeast corner.
   7. Prior to the commencement of work on the site the consent holder shall lodge the sum of $15,000 with the Council as security for the performance of conditions (3), (4) & (6).
      1. The consent holder shall either lodge the bonded sum with the Council as a cash deposit or execute a guaranteed bond agreement, with a registered trading bank as the surety.
      2. The bond document shall be prepared by the Council. The consent holder shall pay to the Council any costs incurred by the Council in relation to the preparation, execution, variation or release of the bond.
      3. The bond shall be held for a minimum period of 18 months from the date of planting. The bond shall be released when, in the opinion of the Council (Resource Consents Monitoring Leader), condition (3), (4) & (6) has been satisfied, and the consent holder has paid the Council's costs.

      Earthworks

   8. Temporary protection shall be installed to prevent vehicles damaging drains, foothpaths, berm, kerbs, vehicle crossings and the road during the site preparation and construction phase of development. Any damage to the drains, foothpaths, berm, kerbs, vehicle crossings and the road attributable to any vehicle associated with construction activities on the site shall be repaired to the same or similar standard as existing prior to such damage. Any restoration work shall be undertaken before the commencement of the proposed activity, to the satisfaction of the Resource Consents Monitoring Leader, Auckland City Council, and all cost be borne by the consent holder.
   9. That all demolition, earthworks and construction works shall be restricted to the hours between 7.30am to 6.00pm Monday to Friday and 8.00am to 1.00pm Saturday. No such work shall occur on Sundays or public holidays. The intent of such a condition is to ensure residential amenity is maintained for the surrounding neighbours.
   10. That the consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems in accordance with the Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for sediment control. In the event that material is deposited on the street, the consent holder shall take immediate action at his or her own expense, to clean the street. These measures shall remain in place until the completion of the development.
   11. To prevent contamination of drains with water containing soil sediment there shall be no stock piling of excavated material on the site. Any surplus excavated material (except where this is to be re-used on the site) shall be removed from the site.
   12. That all earthworks (including fill) are to be designed, supervised, and certified by a suitably experienced registered engineer and to the satisfaction of Council. The engineer shall provide a report to council at completion of earthworks, stating that work has been carried out in accordance with conditions (8) to (11), to the satisfaction of the Resource Consents Monitoring Leader.

   LAND USE ADVICE NOTES

   1. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution of $73,471.15 will be payable on the additional 3 houses. An invoice for this amount will be sent in due course. Please note that building consents will not be released and the code of compliance certificates will not be issued until the development contribution has been paid.

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

   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 1991. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   4. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   5. If you disagree with any of the above conditions (excluding the condition relating to the financial contribution for development) with any additional charges relating to the processing of the application, you have a right of objection pursuant to Section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.
   6. Any plans submitted with the building consent application shall incorporate the changes outlined in the Council's Urban Designer's memorandum dated 14 February 2006.
   7. 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.

   SUBDIVISION

   Pursuant to section 104B of the Resource Management Act 1991, the non-notified discretionary activity subdivision application by SCD Limited for a four lot freehold subdivision that:

   • Infringes the 2m + 45° height in relation to boundary control as follows:
     • Unit A on Lot 1 will encroach into internal boundary between Lots 1 & 2 by a maximum height of 3.5m over a horizontal distance of 14.5m.
     • Unit B on Lot 2 will encroach into internal boundary between Lots 1 & 2 by a maximum height of 3.8m over a horizontal distance of 19.8m.
     • Unit B on Lot 2 will encroach into internal boundary between Lots 2 & 3 by a maximum height of 3.4m over a horizontal distance of 14.5m.
     • Unit C on Lot 3 will encroach into internal boundary between Lots 2 & 3 by a maximum height of 3.8m over a horizontal distance of 19.8m.
     • Unit C on Lot 3 will encroach into internal boundary between Lots 3 & 4 by a maximum height of 2.5m over a horizontal distance of 14.5m.
     • Unit D on Lot 4 will encroach into internal boundary between Lots 3 & 4 by a maximum height of 4.6m over a horizontal distance of 19.8m.
   • Infringes the 35% maximum building coverage control as it applies to this zone is infringed by 3.8%, on Lot 2 and 2.7% on Lot 3.
   • Infringes the 40% minimum landscaped permeable surface control as it applies to this zone is infringed by on Lot 2 by 1.3% (3.9m2) and on Lot 3 by 0.7% (21m2).

   at 138 St Johns Road, Meadowbank (Lot 8 DP23460) described on Auckland City Council Plan Number (E4621/22), be granted consent.

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for granting this consent are as follows:

   Relevant Statutory Provisions

   Section 104B as the subdivision consent application has a discretionary activity classification which enables Council to grant or decline it; section 108 which authorises the imposition of consent conditions if consent is granted; and section 104 which specifies the matters to which a consent authority must, subject to Part 2, consider in the determination of the application. Further discussion about section 104 is set out below in the reasons for granting the application.

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   •  11.5.2.7 Existing or Approved Development Subdivision

   Principal Issues in Contention

   There are no issues of contention in respect of the subdivision.

   Findings of Fact

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

   • The subdivision allows for a suitable land tenure for the four proposed dwellings on the site and it is considered that the site can be fully serviced for infrastructure and access is suitable.

   Reasons for the Decision

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

   1. (a) The granting of consent to the applicant's proposal will have no adverse effects on the environment. In particular, the proposed subdivision will occur around an already approved development and hence any adverse effects remain the same as those permitted by the District Plan. The applicant has also provided evidence that the proposed sites can be adequately serviced.
   2. (b) The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities.
   3. (c) The imposition of the following conditions will ensure that the effects of the applicant's proposal are minor, and the proposal is carried out in accordance with the approved plans.
   4. (d) The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.
   5. (e) No persons are considered to be affected by the proposed subdivision around the approved dwellings.

   Conditions of Consent

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

   1. That Right of Way labelled "A","B","C" & "D" be created and granted or reserved.
   2. That easements are to be granted or reserved over any private drains traversing lots other than those being served or certificates pursuant to Section 461 of the Local Government Act and are to be registered against the appropriate certificates of title. A Section 461 Certificate will not be required until the Section 224(c) stage.
   3. That a certificate pursuant to section 224(c) of the Resource Management Act will not be issued until condition 3.5 to 3.12 have been met to the satisfaction of the Council and at the owners expense.

      Wastewater

   4. That all the necessary pipes and ancillary equipment are to be supplied and laid to provide individual private wastewater connection to the proposed Lots 1- 4 and connect it via the existing public wastewater system located near the northern boundary . A Building Consent will be required for this work. All connections to vacant lots shall be marked by a 50mm x 50mm x 1m tantalised painted red stake on completion and clearly dimensioned on any drainage "As-Built".
   5. That all the necessary pipes and ancillary equipment are to be supplied and laid to abandon and remove the existing wastewater connection from the demolished building previously located on site and reinstate to original form the condition of the public wastewater pipe at the connection point that has been abandoned. A Building Consent will be required for this work.

      Stormwater

   6. That all the necessary pipes and ancillary equipment are to be supplied and laid to provide separate individual stormwater private connections to proposed Lots 1 - 4 and connect them to the public stormwater system via stormwater detention tanks. A Building Consent will be required for this work. All connections to vacant lots shall be marked by a 50mm x 50mm x 1m tantalised painted blue stake on completion and clearly dimensioned on any drainage "As-Built".

      Note: The stormwater detention tanks, appropriate to the size of dwelling and capable of draining all the associated paved areas, will be required at the Building Consent stage.

   7. That to satisfy condition 3.4, 3.5 and 3.6 above, either a Code of Compliance Certificate, or a final drainage completion inspection and approval is to have been granted. Copies of the "as-builts" of the drainage and the approval by the Council's Inspector is to be provided to satisfy this condition. The Section 224(c) Resource Management Act, 1991, certificate will not be issued unless the application is accompanied by this documentation.

      Access

   8. The Right of Way (easements A, B, C and D) are required to be formed, paved and drained to Auckland City Council specifications including the provision of stormwater catch pits and/or slot drains within the boundaries of the Right of Way (or elsewhere within the site, if appropriate) and where necessary the provision of kerbing or similar to prevent water flowing on to other property (including the footpath).
   9. An Engineering Right of Way Approval application including detailed engineering plans and calculations for construction for this work is required to be submitted and approved prior to the works commencing. The plans and calculations are to be drawn by a person suitably qualified to do so and submitted to Auckland City Environment's Development Engineering. This approval needs to be obtained by formal lodgement of drawings for engineering plan approval and the work can only commence after these drawing have been approved A building consent will be required for any drainage work required on the drive.

      The consent holder is advised that a Section 224(c) Certificate will not be issued for subdivision without Development Engineering Approval of the Right of Way works and these being signed off by Development Engineering as having being satisfactorily constructed, inspected by Development Engineering (not a building inspector) and "As-builts" provided.

   10. In the event that the existing right of way or vehicle crossing is damaged or otherwise affected by the development works taking place at the proposed development on Lots 1 - 4 that the ROW and vehicle crossing be reconstructed to Auckland City Council standard.

       Consent Notice

   11. The subdivider shall cause to be registered against the Certificate of Title for Lots 1, 2, 3 and 4; a Consent Notice pursuant to section 221 of the Resource Management Act 1991, recording the following condition(s) which is to be complied with on a continuing basis:
       1. Stormwater runoff from the site is disposed of to the public stormwater system via stormwater detention tanks. Installation of such system is subject to Building Consent approval. The on-going operation and maintenance of the detention tanks are the responsibility of the Lot owners.

   ADVICE NOTES

   1. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution of $99,246.94 will be payable on this subdivision. An invoice for this amount will be sent in due course. Please note that a section 224c certificate will not be issued until the development contribution has been paid.

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

   2. All water supply connections to the Metrowater supply main shall be designed in accordance with Metrowater's "Development and Connection Standards" and be made by a Metrowater approved contractor. For details, please contact Metrowater.
   3. That the developer shall take all necessary measure to control silt contaminated stormwater at all times during the earthworks and during building development in accordance with the Auckland City Council or Auckland Regional Council's requirements. See Annexure 14 of the District Plan.
   4. This resource consent will expire five years after the date of commencement of consent unless: (a) a survey plan is presented to Council for approval under Section 223 of the Resource Management Act 1991 and that plan is deposited within three years of that approval date; or, (b) Upon an application, the Council fixes a longer period. The statutory considerations which apply to extensions are set out in section 125(1) (b) of the Resource Management Act 1991.
   5. Please note that a fee is payable upon lodgement of an application for the issue of a certificate pursuant to Section 224(c) of the Resource Management Act 1991 relating to this application. Please contact Auckland City Environments for the current fee.
   6. If you disagree with any of the above conditions, or with any additional charges relating to the processing of the application, you have a right of objection pursuant to Section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing.

   CARRIED/p>

   [ATTACHMENT 5.8]

   5.9. RAILWAY LAND (ARRAN STREET - WHAU CREEK)

   This application has been deferred at the officer's request.

   5.10. 108-116 GREYS AVENUE, AUCKLAND CENTRAL

   The application has been deferred at the applicant's request.

6. APPOINTMENT OF COMMISSIONERS

   66.1. 37 HAWKINS STREET, MEADOWBANK

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove a Peppermint Gum tree at 37 Hawkins Street, Meadowbank.

      The panel is Cr T Millar (Chairman), Cr W A Christian and Board Member B Insull (and alternates Cr N Raffills, Board Member J Welch and Board Member B Graham).

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

   CARRIED

   6.2. 1 CAROLINE STREET, PONSONBY

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one She-Oak tree at 1 Caroline Street, Ponsonby.

      The panel is Cr G Fryer (Chairman), Board Member G Easte and Board Member C Farmer (and alternates Cr C Casey, Board Member L Wilson and Board Member V Chong).

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

   CARRIED

   6.3. 396 GREAT SOUTH ROAD, GREENLANE

   1. That any one person from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application for dispensation from Part 27 of the Auckland City Consolidated Bylaw to construct one freestanding sign at 396 Great South Road, Greenlane.

      The panel is Ms J Yates (Chairman) (and alternates Ms K Ryan, Mr G MacFarlane and Mr R Gee).

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

   CARRIED

   6.4. 136 KOHIMARAMA ROAD, KOHIMARAMA

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine a retrospective application for a deck balustrade that infringes the building in relation to boundary control on the southern boundary at 136 Kohimarama Road, Kohimarama.

      The panel is Cr G A Mulholland (Chairman), Cr N Raffills and Board Member C Davis (and alternates Cr L Leighton, Cr T Millar and Board Member J Welch).

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

   CARRIED

   6.5. 145 NELSON STREET, AUCKLAND CENTRAL

   1. A. existing buildings on the site at 145 Nelson Street, Auckland Central and establish a mixed use development in accordance with an overall master plan comprising five tower buildings (ten to 12 storeys - 35m) above a podium, two 'Soho' style commercial buildings (two and three storeys), two car park levels and a podium level.

      The panel is Cr G A Mulholland (Chairman), Cr F Storer, Cr W A Christian and Mr Garth Falconer (and alternates Cr C Caughey, Cr G Fryer, Mr Barry Rae, Mr John Hill, Cr D Armstrong, Board Member C Davis , Board Member K Carter).

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

   CARRIED

   6.6. 22 MOUNT HOBSON ROAD, REMUERA

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one Pohutukawa tree at 22 Mount Hobson Road, Remuera.

      The panel is Cr C Caughey (Chairman), Board Member L Kennaway and Board Member K Stanton (and alternates Cr G Fryer (alt Chair), Cr C Casey, Board Member L Wilson and Board Member C Farmer).

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

   CARRIED

   6.7. 121 GREY STREET, ONEHUNGA

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to prune one Totara tree at 121 Grey Street, Onehunga.

      The panel is Cr W A Christian (Chairman), Cr C Casey and Board Member J Livingstone (and alternates Cr L Boyle (alt Chair), Board Member V Chong and Board Member C Dempsey).

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

   CARRIED

   6.8. 52 BUDGEN STREET, WAIKOWHAI

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one Norfolk Island Pine tree at 52 Budgen Street, Waikowhai.

      The panel is Cr G A Mulholland (Chairman), Cr N Raffills and Board Member B Insull (and alternates Cr L Leighton, Board Member B Graham and Board Member J Livingstone).

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

   CARRIED

   6.9. 750 SANDRINGHAM ROAD EXTN, MOUNT ROSKILL

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one Thuja Occidentalis tree at 750 Sandringham Road extn, Mount Roskill.

      The panel is Cr G A Mulholland (Chairman), Cr N Raffills and Board Member B Insull (and alternates Cr L Leighton, Board Member B Graham and Board Member J Livingstone).

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

   CARRIED

   6.10. 1 LA VETA AVENUE. MOUNT ALBERT

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one Alder tree at 1 la Veta Avenue, Mount Albert.

      The panel is Cr G Fryer (Chairman), Board Member G Easte and Board Member C Farmer (and alternates Cr C Casey, Board Member L Wilson and Board Member V Chong).

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

   CARRIED

   6.11. 45 ALLENDALE ROAD, MOUNT ALBERT

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one generally protected Schinus Molle tree at 45 Allendale Road, Mount Albert.

      The panel is Cr G Fryer (Chairman), Board Member G Easte and Board Member C Farmer (and alternates Cr C Casey, Board Member L Wilson and Board Member V Chong).

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

   CARRIED

   6.12. 83 ROSAMUND AVENUE, AVONDALE

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one Eucalyptus tree at 83 Rosamund Avenue, Avondale.

      The panel is Cr G A Mulholland (Chairman), Cr N Raffills and Board Member B Insull (and alternates Cr L Leighton, Board Member B Graham and Board Member J Livingstone).

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

   CARRIED

   6.13. LOT 2 DP 3499202, HECTOR SANDERSON AND GRAY ROADS, GREAT BARRIER ISLAND

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to carry out a four lot subdivision to create three new titles on Hector Sanderson and Gray Roads, Great Barrier Island.

      The panel is Mr L Simmons (Chairman), Mr C Stewart and Board Member P Downie (and alternates Mr R Gee (alt Chair) Ms K Sinclair, Board Member J Mellars and Board Member C Davis).

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

   CARRIED

   6.14. 25 HECTOR SANDERSON ROAD, GREAT BARRIER ISLAND

   1. That any two persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to operate an existing quarry for the purposes of extracting up to a maximum of 16,000m³ of loose rock per annum for a period of 26 years at 25 Hector Sanderson Road, Great Barrier Island.

      The panel is Mr D Chandler (Chairman) and Mr R Gee (also alt Chair) (and alternates Mr G MacFarlane, Ms J Yates and Ms J Hudson).

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

   CARRIED

   6.15. 318-320 ST HELIERS BAY ROAD & 12 LINTAINE PLACE, ST HELIERS

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to expand an existing childcare centre at 318-320 St Heliers Bay Road/12 Lintaine Place, St Heliers from 36 children and four staff to a total of 75 children with 10 staff and to undertake additions to the existing building.

      The panel is Cr W A Christian (Chairman), Cr T Millar and Cr G A Mulholland (and alternates Cr L Boyle, Cr N Raffills, Cr L Leighton and Board Member K Sutton).

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

   CARRIED

   6.16. 75 BELLEVUE ROAD, MOUNT EDEN

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to remove one rough-barked Arizona Cypress tree at 75 Bellevue Road, Mount Eden.

      The panel is Cr G Fryer (Chairman), Board Member G Easte and Board Member C Farmer (and alternates Cr C Casey, Board Member L Wilson and Board Member V Chong).

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

   CARRIED

   6.17. 30A MONTEITH CRESCENT, REMUERA

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application for combined land use and subdivision consent to construct three new dwellings on the site at 30A Monteith Crescent, Remuera, and undertake a four lot freehold subdivision around this development.

      The panel is Cr C Caughey (Chairman), Cr G Fryer and Cr N Abel (and alternates Cr L Boyle, Board Member L Rea and Board Member C Dempsey).

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

   CARRIED

7. NEW INDEPENDENT COMMISSIONERS

   That it be recommended to Council that John Hudson, Barry Kaye and Garth Falconer be appointed as independent hearings commissioners.

   CARRIED

8. 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

9. 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

10. 12A ALFRED STREET, ONEHUNGA - URGENT DECISION FOR APPOINTMENT OF INDEPENDENT PLANNING COMMISSIONERS

    That the urgent decision made by the Chairman that any three persons from the following panel be appointed commissioner to hear and determine an application to construct a materials recycling facility (MRF) on a closed landfill site at 12A Alfred Street, Onehunga be received.

    The Panel is Mr R Gee (Chairman), Mr C Stewart and Mr B Kaye (and alternates Mr D Chandler, Ms K Ryan and Ms K Sinclair)./b>

    CARRIED

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

    TThat 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./b>

    This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

    Item no.	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
    C1	37 Natzka Road, Waiheke Island - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the Council's decision to refuse consent for an additional 24 units at the Waiheke Retirement Village, Natzka Road, Waiheke Island.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

     

    C2

    76 & 78 Kelmarna Avenue, Herne Bay - Environment Court Appeal

    The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

    Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the Council's decision to refuse consent to the construction of a third residential unit over the two sites in the Residential 6A zone at 76 & 78 Kelmarna Avenue and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

    CARRIED

    There being no further business the Chairman declared the meeting closed at 3.04 pm.