Auckland Council website.
This website has changed
This is the former Auckland City Council website, which has some of the information and services you need if you live or do business in the area. Go to the main Auckland Council website to access the complete range of council services.
Skip navigation
Council member and meetings
Planning Fixtures Committee and Sub-committee
Back to contents

MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 17 JULY 2007 AT 11:11 AM ADJOURNED AT 1.33 PM AND RECONVENED AT 1.45 PM

PRESENT:

Councillors:

Faye

Storer

[Chairman]

 

 

Bill

Christian, JP

(until 1.20pm, Item C1)

(from 1.23 pm, Item C1)

 

 

Graeme

Mulholland, JP

 

  1. Top APOLOGIES

    That apologies from Crs C Caughey and G Fryer be received.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 10 July 2007 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top SIGNS BYLAW APPLICATIONS

    4.1. 136 CUSTOMS STREET WEST, AUCKLAND CENTRAL

    That the application for a dispensation from Part 27 of the Auckland City Consolidated Bylaw (Signs - 2007) by Patrick Dougherty for two MasterCard signs located greater than 3 metres above ground level and one Bodytech sign on the first floor window within the Viaduct Harbour Precinct at 136 Customs Street West, Auckland Central, be approved for the following reasons:

    1. The signs are considered to be of an appropriate size and design, and the location of the signs is considered to complement the design of the building and corner location.
    2. The proposed signs will not result in a cluttered appearance.
    3. The internal illumination of the Mastercard sign is not considered to result in any significant light spill.
    4. That Mastercard is a tenant located in the upper floors of the building.
    5. The signs do not obstruct any significant views.
    6. The cumulative visual effect of the Bodytech sign in conjunction with other signs in the surrounding environment will be minimal as its simple design and lack of illumination will make it less prominent than other existing signs.
    7. There is no lighting associated with the Bodytech sign.

    This consent is subject to the following conditions:

    1. The Mastercard signage may remain in place for the life of the Mastercard tenancy.
    2. The Bodytech signage may remain in place for the life of the Bodytech tenancy.

    CARRIED

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. 108-116 GREYS AVENUE, AUCKLAND CENTRAL

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

    • As set out in the above assessment, in accordance with section 93 (1)(b), the adverse effects on the environment of the activity for which consent is sought will minor
    • For the purposes of section 94 of the Act, 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 104C of the Resource Management Act 1991, the restricted discretionary activity land use application by The New Greys Avenue Ltd for internal and external alterations and additions to the existing Auckland Synagogue and Kadimah School, as described in the application material and plans, which requires consent for the following reasons:

    • To undertake internal and external modifications to a scheduled building (Auckland Synagogue) and its surrounds (internal courtyard only)
    • To expand the existing educational facility on the site (Kadimah School)
    • To provide a new café/deli/shul shop on the site
    • To add two new signs to the Greys Avenue façade of the building
    • Undertake approximately 39 cubic metres of earthworks

    at 108-116 Greys Avenue, Auckland Central, legally described as allotment 57-58 Section 29 City of Auckland (CT NA1345/58) and Lot 2 DP44754 and Lot 2 DP45093 (CT NA1565/12) shall 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:

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

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

    Relevant Statutory Provisions

    Relevant statutory provisions considered were sections 104, 104C and 108 and Part 2 of the Act.

    Relevant Plan Provisions

    The relevant plan provisions considered were: 2004 Operative Central Area Section including Part 4.4 - SMA4, 14.1 - Residential Precinct, Part 10 - Heritage and rules relating to All Other Education Activities and Food and beverage activities specified in 14.1.6 and assessment criteria contained in 14.1.7 of the Plan.

    Principal Issues in Contention

    The only issue of contention was the heritage assessment.

    Summary of Evidence

    The following evidence was considered by Council:

    • Consent application and AEE submitted by Bentley & Co Limited, dated 16 February 2007
    • Additional parking information provided by Bentley & Co Limited post-lodgement, dated 10 May 2007
    • Email provided by Celia Wong of Bentley & Co, providing classroom details, dated 23 May 2007
    • Section 93/94 and 104 report prepared for Council by Consultant Planner, Sally-Anne Halpin, dated 6 June 2007
    • Original resource consent Plans
    • Memo from Central Area Planning Urban Designer, Sue Evans, dated 27 April 2007
    • Memo from Council's Heritage Manager, George Farrant, dated 12 April 2007
    • Emails from Council's Heritage Manager, George Farrant, dated 24 May 2007 (excavations) and 30 May 2007 (signs)
    • Traffic review provided by Council's traffic consultant, Pravin Dayaram.

    Finding of Fact

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

    1. The existing music and art centre was constructed under an earlier resource consent.
    2. Resource consent has already been obtained for stage one of the proposal which includes a rooftop playground adjacent to Myers Park.
    3. The proposal forms the second part of a two-stage redevelopment of the existing building on the site.
    4. The proposed refurbishment and additions to the building will retain the existing uses of the site by the Auckland Synagogue and Kadimah School.
    5. The changes proposed relate to (and recover) original intended slatted-screen detail in the major synagogue that was not implemented at the time of construction because of budget limitations
    6. Changes proposed in the application to other areas and spaces within the complex have all been carefully designed to cohere with and respect the 'architectural spirit and character' of the complex. In many cases, these changes will restore original detail, which was lost in later changes to the synagogue. This has a positive impact on the heritage value of the site.
    7. The proposal is supported (subject to conditions) by both Council's Urban Design Specialist and Heritage Manager.
    8. The existing building is not registered by the New Zealand Historic Places Trust (NZHPT). However, when informed of the project, the NZHPT was only concerned with excavations into original ground beneath the synagogue, which can be addressed through conditions of consent.
    9. The applicant's architect, Richard Goldie of Peddle Thorp Architects, states that, in its current form, "the existing Major Synagogue is little used and is functionally poor". (letter to Bentley & Co, dated 14 February 2007).
    10. The proposal satisfies the relevant assessment criteria (Part 10: Heritage) contained in clause 10.9.12 of the District Plan. In particular, under section (b) of clause 10.9.12, the proposal is designed to 'remove later unsympathetic additions'. In addition, under sections (c) & (d) of clause 10.9.12, the proposal is designed to fully retain and implement the architectural references, character, value, and detail intrinsic to the Category A scheduling of the original. Further, the proposal adjusts the interior only to the degree necessary to reasonably accommodate changed community, religious, and educational practices.
    11. The activity is located within the Strategic Management Area 4 (southern edge) of the District Plan and is within a residential precinct.

    Reasons for the Decision

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

    1. The granting of consent will have no more than minor adverse effects on the environment in terms of the matters over which the Council has restricted its discretion. In particular, heritage, noise and pedestrian safety effects of the proposal will be avoided or mitigated by appropriate conditions, including the submission of a site management plan and traffic management plan.
    2. The granting of the consent is consistent with the relevant assessment criteria, and, in particular, conditions are recommended to ensure potential heritage and traffic effects are avoided or mitigated.
    3. The proposal satisfies the relevant assessment criteria (Part 10: Heritage) contained in clause 10.9.12 of the District Plan. In particular, under section (b) of clause 10.9.12, the proposal is designed to 'remove later unsympathetic additions'. In addition, under sections (c) & (d) of clause 10.9.12, the proposal is designed to fully retain and implement the architectural references, character, value, and detail intrinsic to the Category A scheduling of the original. Further, the proposal adjusts the interior only to the degree necessary to reasonably accommodate changed community, religious, and educational practices.
    4. The Committee is satisfied that the proposal does not constitute total or substantial demolition as referred to in Clause 10.9.9 of the District Plan. Further, the Committee accepts the Auckland City Heritage Manager's advice that the 'spirit and meaning' of the original Category 'A' scheduled building will be retained.
    5. The changes proposed relate to (and recover) original intended slatted-screen detail in the major synagogue that was not implemented at the time of construction because of budget limitations.
    6. Changes proposed in the application to other areas and spaces within the complex have all been carefully designed to cohere with and respect the 'architectural spirit and character' of the complex. In many cases these changes will restore original detail, which was lost in later changes to the synagogue. This has a positive impact on the heritage value of the site.
    7. The proposal is supported (subject to conditions) by both Council's Urban Design Specialist and Heritage Manager
    8. The existing building is not registered by the New Zealand Historic Places Trust. However, when informed of the project, the NZHPT was only concerned with excavations into original ground beneath the synagogue, which can be addressed through conditions of consent.
    9. The imposition of the following conditions will ensure that effects of the proposal are mitigated, and, in particular, that the development will proceed in accordance with the plans submitted and that heritage and pedestrian protection measures are adopted during construction and that traffic management is undertaken by the School to ensure pedestrian safety is maintained on Greys Avenue
    10. The applicant's proposal is consistent with the objectives and policies of the District Plan, and the sustainable management purpose of the Resource Management Act 1991.

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

    General

    1. The proposal shall take place in accordance with the assessment, the plans and all the information submitted with this application, being:
      • Report entitled, "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108-118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007
      • Proposed plans
        • Year 7 & 8 classrooms and preschool playground sections- Drawing No. 975-2-510 3
        • Proposed new section through the Main Synagogue - Drawing Nos. 975 - 2 - 500 ; 975 - 2- 501 2; and 975 - 2- 502 2
        • Proposed section along courtyard - drawing no. 975 -2- 505 1
        • Proposed elevations - Drawing No. 975-2-600 3
        • Proposed elevations - Drawing No. 975-2-601 3
        • Basement 3 & 2 proposed plan - Drawing No. 975-2-205 2
        • Basement 1 - Drawing No 975-2-210 3
        • Ground Floor- Drawing No. 975 -2 - 220 2
        • First Floor - Drawing No. 975 - 2 - 230 2
        • Second Floor - Drawing No. 975 -2- 240 2
      • Existing plans
        • Existing basements 2 & 3 floor plans - Drawing No. 975-1-005 A
        • Existing basement level - Drawing No. 975-1-010 B
        • Existing ground floor plan - Drawing No. 975-1-020 B
        • Existing first floor plan - Drawing no. 975-1-030 B
        • Existing second floor plan - 975 -1-040 A
        • Existing section thru Main Synagogue - 975 -1 - 500 B
        • Existing sections thru courtyard - 975 - 1- 501 B
        • Existing elevations- Drawing No. 975-1-600 A
        • Existing elevations - Drawing No. 975 -1-601 A
      • Additional Information
        • - Email provided by Celia Wong of Bentley & Co, providing classroom details, dated 23 May 2007.

      Monitoring

    2. The consent holder shall pay to the Council a consent compliance monitoring charge of $575.50 (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).

      Archaeological

    3. The consent holder shall employ at its expense a qualified archaeologist who shall:
      1. Be on site to monitor all earthworks, to establish whether any sub-surface archaeological features are present
      2. Certify to the Council (Manager: City Planning) in writing whether or not any archaeological features have been discovered.
    4. In the event that contractors uncover any archaeological remains (eg shell middens, ovens, burial, occupation evidence) during site works or drilling, work is to cease immediately in the vicinity of the discovery and the New Zealand Historic Places Trust Regional Archaeologist and Ngati Whatua O Orakei Maori Trust Board will be contacted so that appropriate action can be taken before work may proceed.

      Heritage

    5. The Manager: Heritage Division shall be invited to, and be given adequate notice of, regular site meetings with the contractor during the construction phase to enable appropriate consultation and monitoring on all aspects of the project as it impacts on the heritage values of the Auckland Synagogue and Kadimah School.
    6. (6a) Except work noted in Condition 6(b) below, no work as listed in condition 6(a) is to be undertaken on site for any demolition of the original fabric of the Auckland Synagogue and Kadimah School building until detailed drawings and specifications for all work have been completed and written approval has been subsequently obtained from the Manager: Heritage Division particularly in relation to the following matters:
      • The form and detail of the atrium space, and its edges at the new balcony floors, including railing/screen details
      • The form, design and disposition of the full-height slatted screen generally enclosing and defining the atrium
      • The exact location of the new elevator and its connections to adjacent spaces
      • The form of the Bimah
      • The design and materials of any acoustic reflector above the Bimah
      • The visual finish to interior seismic strengthening panels
      • The form, detail and appearance of smoke extract grilles to the exterior of the main synagogue roof and glazing
      • The location and form of the Greys Avenue Memorial column
      • The form and detail of the shop/deli door opening proposed for the Grey's Avenue frontage
      • The visible form and symmetry of new constructed elements visible beyond the screen in the main synagogue.

      (6b)The following works to the Kadimah School building may proceed without the written approval from the Manager: Heritage Division:

      Exterior works

      • Courtyard works as set out in (Drawings 975-2-220 and 975-2-505), and referenced in paragraphs 50, 51 and 52 of the report entitled "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108¬118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007.

      Interior Additions and Alterations

      • Basement Two Level as set out in (Drawing 972-2-205), and referenced in paragraph 54 of the report entitled "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108¬118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007
      • Basement One Level as set out in (Drawing 972-2-210), and referenced in paragraph 55, 56, 57 and 58 of the report entitled "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108¬118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007
      • Ground Level Administration/School Facilities as set out in (Drawing 972-2-220) - Northern wing, and referenced in paragraph 59 of the report entitled "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108¬118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007
      • First Level Administration/School Facilities as set out in (Drawing 972-2-230) - Northern Wing, Western/Greys Avenue Wing/Southern Wing - and referenced in paragraph 64, 65 and 66 of the report entitled "Application for Resource Consent & Assessment of Environmental Effects to Undertake Additions and Alterations to Auckland Synagogue/the Kadimah College (Category A Scheduled Heritage Item) (Stage Two) at 108¬118 Greys Avenue ..." prepared by Bentley & Co Limited and dated February 2007.
    7. Method statements and monitoring regimes for all demolition, site excavations and construction works must be agreed in writing with the Manager: Heritage Division, prior to any works commencing on site for all works that necessitate the protection of heritage fabric.

      Signage

    8. Prior to erection, the consent holder shall submit, for the approval of the Manager: Heritage Division, a plan of all proposed signage on the exterior of the Greys Avenue façade of the building. The signage plan shall adopt, as a maximum, the indicative signs design and placement shown on the elevation plan Ref: 975-2-600 (3) submitted with the application.

      Construction

    9. Prior to any works commencing on the site, including demolition, the consent holder shall provide to the satisfaction of the Council (Manager: City Planning), a site management plan specifying specific details relating to vehicle and pedestrian movements and safety during the demolition and construction of all works associated with this development, and include:
      • 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 portaloos)
      • Ingress and egress to and from site for construction vehicles
      • Measures to be adopted to ensure that pedestrian access to and from the subject site and past the site on the public footpath is safe and not obstructed during construction works
      • The construction management plan shall be implemented and maintained.

      All works shall be undertaken in accordance with the approved site management plan.

      Note: The Manager: City Planning shall consult with the Manager: Transport Assets & Operations

    10. A wheel wash shall be installed and used on the site during the full period of excavation and construction to ensure that loose material associated with pile works, 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.
    11. Should any damage occur to footpaths, kerbs, roads or Myers Park as a direct result of the 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).

      Traffic Management Plan

    12. Prior to construction, the consent holder shall submit for the approval of the Manager: City Planning, a Traffic Management Plan detailing parking arrangements and specific measures for managing school associated traffic during school "pick-up" and "drop-off" times for the purpose of maintaining pedestrian safety on Greys Avenue. All works shall be undertaken in accordance with the approved traffic management plan.

    ADVICE NOTES

    1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws.
    2. This resource consent will expire five years after the date of commencement of consent unless: (a) some other date is specified in the consent; (b) It is given effect to before the end of that period; or, (c) Upon an application made prior to the expiry of that period (or such longer period as is fixed under section 37 of the Resource Management Act), the Council fixes a longer period. The statutory considerations that apply to extensions are set out in section 125(1)(b) of the Resource Management Act 1991.
    3. A copy of this consent should 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 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 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.
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. All archaeological sites are protected under the provisions of the Historic Places Act 1993. It is an offence under this Act to destroy, damage or modify any archaeological site, whether the site is entered on the New Zealand Historic Places Trust Register of historic places, historic areas, wahi tapu and wahi tapu areas. Under sections 11 and 12 of the Act, application must be made to the New Zealand Historic Places Trust for an archaeological site(s) where avoidance of effect is not practicable.
    11. The building consent documentation for the proposal (stage two) requires the written approval of the Heritage Manager prior to lodgement of the application.
    12. No variations to the heritage fabric of the building, the alterations as outlined in these consent documents, are to be made without the written approval of the Council's Heritage Manager.

    CARRIED

    5.2. 5 EGLON STREET, PARNELL

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

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

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

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Vantage Group Ltd to establish a retail and office premises that:

    • Involves external additions to an existing building
    • Involves a parking shortfall of 14 spaces
    • Involves two vehicles access points which are less than 6m
    • Involves two vehicle access ramps with a grade of more than 1 in 8, which are not provided with complying transition sections

    at 5 Eglon Street, Parnell, described as Lot 1, DP 39439 CT NA1170/51, Lot 12, DP 1212 CT NA69/122, Lot 11, Allt 63 of Sct 1 Subs of Auckland CT NA58/147 be granted consent.

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

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

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

    Relevant Statutory Provisions

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

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

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    • Clause 8.7.7 (Mixed Use Zone Activities)
    • Clause 12.8.1.1 (Parking Requirements)
    • Clause 12.1.9.2(c) (Parking Shortfall)
    • Clause 12.8.2.1(a)(ii) (Access Width)
    • Clause 12.8.2.1(c) (Access Grade)

    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 Tim Palin of Green Group Ltd, dated 8 February 2007
    • The Traffic Impact Assessment prepared by Bryce Hall of Traffic Planning Consultants Ltd, dated March 2007
    • The memo prepared by Council's Consultant Traffic Engineer, Mr E Ting Wong, dated 10 May 2007
    • The further information provided in letters from Tim Palin of Green Group Ltd, dated 18 May 2007 and 11 June 2007.

    Main Findings of Fact

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

    • The proposed alterations and additions to the building are of a scale and form which is appropriate for the Mixed Use zoned site and surrounding neighbourhood.
    • The amount of parking provided on the site and the access arrangements are appropriate for the site and proposed activities..

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will have minor effects relating to parking and access.
    2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and in particular the assessment criteria for infringements relating to additions and alterations to commercial buildings in the Mixed Use zone, parking shortfalls and access.
    3. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, that the proposal is carried out in accordance with approved plans.
    4. The application is consistent with the objectives and policies of the District Plan, and the sustainable management purpose of the Resource Management Act 1991.

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

    Activity in Accordance with Application and Plans

    1. The activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • Title Page/Location Plan, Sheet A(-)1000
      • Site Plan, Sheet A(-)1100
      • Existing/Demolition Plans Level 0 & 1, Sheet A(-)1110
      • Existing/Demolition Plans, Level 2, Sheet A(-)1115
      • Proposed Plans, Level 0 & 1, Sheet A(-)1120
      • Proposed Plans, Level 2, Sheet A(-)1130
      • Existing/Proposed East Elevations, Sheet A(-)1140
      • Existing/Proposed North Elevations, Sheet A(-)1150
      • Existing/Proposed West Elevations, Sheet A(-)1160
      • Existing/Proposed South Elevations, Sheet A(-)1170

      prepared by RTA Studio, Revision B, dated March 2007 and referenced by Council as LUC20070191801.

    Monitoring

    1. 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.

      Traffic and Parking

    2. Parking spaces labelled 5 to 9 on 'Proposed Plans, Level 0 & 1, Sheet A(-) 1120' prepared by RTA Studio, Revision B, dated March 2007, shall be allocated for staff parking, and clearly marked as such.
    3. A 1 in 8 transition section shall be provided at the top and bottom of the internal car park ramps to prevent vehicles scraping and bottoming.
    4. A judder bar shall be installed on the driveways one metre within the property boundary, and an audible and flashing "Car Coming" signal shall be installed at the driveways to alert pedestrians of traffic exiting the site.
    5. Prior to the start of construction, the applicant shall submit a construction traffic management plan for the approval of the Resource Consent Monitoring Leader.
    6. The roller door to the basement car park area shall remain open during the opening hours of the retail activity on the site.

      Travel Plan

    7. The consent holder shall prepare a travel plan to the approval of the Council (Resource Consents Monitoring Leader) to seek to minimise the volumes of cars attracted to the site on a daily basis, and to seek to modify the travel behaviour of staff on working days. The consent holder shall take all reasonable and practicable steps to communicate with and educate staff to encourage the reduction the volumes of cars attracted to the site on working days.

      Construction

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

      Earthworks

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

    ADVICE NOTES

    1. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution of $14,945.40 (including GST) will be payable on this development. An invoice for this amount will be sent in due course. Please note that, with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and section 224C certificates for subdivisions will not be issued until the development contribution has been paid. Please note that the development contribution may be recalculated for any subsequent land use subdivision or building consent applications in accordance with the development contribution policy.
    2. The consent holder shall comply with Part 27 of the Auckland City Consolidated Bylaw, which addresses signage, or seek a dispensation from the Bylaw.
    3. The applicant is advised that there may be trees on the property which come within the tree protection rules set out in 5C.7.3 of the district plan and these cannot be cut, trimmed or have work undertaken below the dripline without a prior resource consent. If the applicant wishes to undertake the above mentioned work, a resource consent application will need to be made to the Council. Consent will not necessarily be granted to such an application. Any work undertaken near protected trees should be done in accordance with Annexure 5 of the district plan.
    4. 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.
    5. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    6. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Team Leader, Compliance Monitoring and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
    7. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.

    CARRIED

    5.3. 38 HERETAUNGA AVENUE, TE PAPAPA

    Pursuant to section 104B of the Resource Management Act 1991, the limited notified non-complying activity land use application by M Vea to construct an additional two dwellings that:

    • Infringes the density control, which will result in a density of 1:364m² where 1:375m² is required
    • Involves earthworks of 570m²on an area with an average slope of 6%
    • Infringes the minimum landscaped permeable surface control by 3.3%
    • Infringes the maximum paved impermeable surface control by 3%

    Plan Modification 26

    • Infringes the density control, which will result in a density of 1:364m² where 1:375m² is required

    at 38 Heretaunga Avenue, Te Papapa, described as Pt LOT 11 Section 46 Village of Onehunga, CT 592/100 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:

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

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    • Clause 4.3.1.2B (Development Control Modification)
    • Clause 7.6.6: Residential 6 Objectives
    • Clause 4A.2 Earthworks
    • Clause 7.7.4.2: General criteria for assessing Discretionary activities
    • Clause 7.3.1: Objective
    • Clause 7.3.2: Objective
    • Clause 7.3.3: Objective
    • Clause 7.6.6: Objective

    Summary of Evidence

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

    • Assessment of Environmental Effects by Cath Heppelthwaite of Eclipse Group Ltd, entitled 'Assessment of Effects to Support and Application for Resource Consent to Construct two Additional Dwellings at 38 Heretaunga Avenue, Onehunga, dated September 2006
    • Specialist Report by Karthi Govindasamy of Dufill Watts and King Ltd, entitled Infrastructure check of Waste Water Disposal' dated 26 July 2006
    • Specialist Report by Moss Keeran of Moss Engineering Consultants Ltd, entitled Soakage Investigation Report 38 Heretaunga Avenue, Onehunga, dated 31 July 2006
    • Geotechnical and Drainage Assessment report undertaken by Council's Development Engineer, Mr Hock Lee dated 20th February 2006
    • The submissions received together with the relief sought by the submitters as summarised in section 6.3 of this report and listed below:
      1. N & R Jailabedeen, 42B Heretaunga Avenue
      2. Judy Chang, 36 Heretaunga Avenue
      3. A Leulu & S Leulu, 40 Heretaunga Avenue.

    None of the above submitters indicated that they wished to be heard at a hearing.

    Principal Issues in Contention

    The principal issues in contention are dominance and shadowing, privacy and infrastructural capacity effects.

    The following issues have been raised by submitters:

    • Loss of privacy and sunlight
    • The greater intensity on the site will lead to an increase in noise levels
    • The proposal could result in the potential for increased surface flooding, and problems with storm water drainage
    • There will be greater effects from the three dwellings on the site, than the two that are permitted.

    Main Findings of Fact

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

    • The development will not be contrary to the objectives and policies of the Residential 6 zone
    • The development complies with the height in relation to boundary controls, which seeks to ensure sufficient light admission to sites
    • The applicant's proposal will have minor effects on the environment. In particular, subject to specific conditions of consent, there will be a minor effects on dominance and shadowing, privacy, neighbourhood character and residential amenity as a result of the two proposed dwellings
    • The potential for adverse effects as a result of the project will be adequately mitigated by conditions of consent.
    • Moss Engineering Consultants have indicated that the capacity of the soakholes is adequate for the development.
    • Duffill Watts state that their calculations demonstrate that the existing public sewer has sufficient capacity to meet the new development effluent discharge.
    • Reverse manoeuvring is possible on the site and one driveway will serve all three dwellings.

    Reasons for the Decision

    The reasons for this non-complying activity consent are as follows:

    1. The proposal will provide for the construction of two dwellings without compromising the overall amenity and character of the surrounding area. The granting of consent to the application will have minor effects on the environment. In particular, the proposal will have minor effects on amenity, neighbourhood character, streetscape, privacy, noise, landform, runoff/capacity, traffic/parking, vehicle/pedestrian safety, dominance and shadowing, short term effects during construction and cumulative effects.
    2. The imposition of the following conditions will ensure that the effects of the applicant's proposal are no more than minor, and, in particular, that work is undertaken in accordance with the approved plans and acceptable earthworks, storm water and drainage practices.
    3. 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.
    4. Moss Engineering Consultants have indicated that the capacity of the soakholes is adequate for the development.
    5. Duffill Watts state that their calculations demonstrate that the existing public sewer has sufficient capacity to meet the new development effluent discharge.
    6. Reverse manoeuvring is possible on the site and one driveway will serve all three dwellings.

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

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • Application Plans entitled "Proposed Residence 2 for S & M Vea, 38 Heretaunga Avenue, Onehunga, dated July 2006 and labelled:
        • Site Plan, Drawing Number 1 of 9
        • Lower Floor Plan, Drawing Number 2 of 9
        • Upper Floor Plan, Drawing Number 3 of 9
        • North Elevation, West Elevation, Drawing Number 4 of 9
        • East Elevation, South Elevation, Drawing Number 5 of 9
        • Foundation Plan, Drawing Number 6 of 9
        • Mid Floor, Drawing Number 7 of 9
        • Roof Layout, Drawing Number 8 of 9
        • Section A-A, Section B-B Across, Drawing Number 9 of 9
        • Reverse Manoeuvring Plan, Sheet 1 of 4
      • Assessment of Environmental Effects by Cath Heppelthwaite of Eclipse Group Ltd, entitled 'Assessment of Effects to Support and Application for Resource Consent to Construct two Additional Dwellings at 38 Heretaunga Avenue, Onehunga, dated September 2006
      • Specialist Report by Karthi Govindasamy of Dufill Watts and King Ltd, entitled Infrastructure check of Waste Water Disposal' dated 26 July 2006
      • Specialist Report by Moss Keeran of Moss Engineering Consultants Ltd, entitled Soakage Investigation Report 38 Heretaunga Avenue, Onehunga, dated 31 July 2006

      all referenced by Council as LUC20060630601.

      Monitoring

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

      The $575.50 (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.

      Noise

    3. All construction activities shall comply with the noise levels prescribed in Rule 4A.1.D of the Isthmus Section of the District Plan.
    4. Construction shall only take place between the following hours:

      Monday - Friday: from 7.30 am to 6.00 pm

      Saturday: from 8.00am to 1.00 pm

      No construction is to take place at any other times.

      Surveyors Certificate

    5. The consent holder shall engage a Licensed Cadastral Surveyor to certify to Council in writing that, the building in relation to boundary controls on the east and west boundaries controls, prior to work progressing beyond the roof framing stages that either:
      1. work completed to this stage is in accordance with the levels and dimensions on approved plans; OR
      2. there are differences to approved plans in levels and dimensions of work completed to this stage, but the differences do not breach the Operative District Plan (Isthmus Section), provided that what remains to be built beyond this stage will be built in accordance with approved plans.

      In the event of (b), the certificate shall also specify the differences. In either event, work shall not proceed beyond this stage until receipt of the above required certificate to the satisfaction of Council (Resource Consents Monitoring Leader).

      Earthworks

    6. A silt control plan shall be provided to the Resource Consents Monitoring Leader for approval prior to earthworks commencing on site. All details shall be to the satisfaction of Council.
    7. 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.
    8. Care shall be taken during construction of this development to preserve the integrity and stability of the adjacent road reserve. Site specifically designed retaining design where applicable and earthwork construction shall be used with direct engineering supervision. Details shall be supplied with the building consent application.

      Fencing

    9. The existing and proposed fencing along the east and west boundaries are to be maintained. They may be removed but must be replaced immediately with fencing or vegetation (subject to the requirements of the Fencing Act 1978), that will serve the same purpose of providing screening into the subject site and be a minimum of 1.8m in height.

      Landscape Plan

    10. A detailed landscape plan, including an implementation and maintenance programme, shall be submitted to and approved by Council (Resource Consents Monitoring Leader) prior to any works commencing on the site. The landscaping plan shall include:
      1. Details of the plant sizes at the time of planting and intended species.
      2. There shall be at least two specimen trees planted within the private open space areas for each of the three dwellings (minimum total of six). Such specimens could include, but are not limited to, Nikau, Pseudopanax ferox (toothed lancewood), and Cordyline Australis.
      3. There shall be at least four medium sized shrubs planted within the private open space areas for each of the three dwellings (minimum total of 12). Such specimens could include, but are not limited to, Leptospermum scoparium, Dodonaea viscosa 'akeake' and Silver Tree Fern.
      4. The landscaping shall be implemented and maintained in accordance with the approved landscaping plan within the first planting season following the completion of the works on the site. The landscaping shall be irrigated and maintained thereafter.

      Bond

    11. Prior to the commencement of work on the site the consent holder shall lodge the sum of $5,000 with the Council as security for the performance of condition (10).

      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 (10) has been satisfied, and the consent holder has paid the Council's costs.

    ADVICE NOTES

    1. 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.
    2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. 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.
    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. Disposal of storm water for this development shall be to on-site soakage complying with the requirements of ACC Soakage Design Manual issued February 2003. Final soakage test results shall be submitted with the building consent application, with details to the satisfaction of ACC Development Engineering.
    6. All works in close proximity to public drains and water mains shall comply with Council bridging and clearance requirements detailed in Metrowater Development, and Connection Standards issued February 2005. The integrity of public services in the road reserve are to be maintained at all times during construction.
    7. The consent holder shall be responsible for carrying out reqular and adequate maintenance of existing and proposed private drainage systems to ensure that drains are functioning adequately at all times. Plumbing and drainage fixtures such as grease traps shall be maintained adequately to prevent fats and oils from entering the public sewer. This ongoing requirement shall be carried out to the Council's satisfaction.
    8. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions, a development contribution of $35,802.29 will be payable on this development. An invoice for this amount has been sent. Please note that, with respect to this development, building consents will not be released, code of compliance certificates will not be issued, and section 224C certificates for subdivisions will not be issued until the development contribution has been paid. Please note that the development contribution may be recalculated for any subsequent land use subdivision or building consent applications in accordance with the development contribution policy.

    CARRIED

    5.4. 27 QUEENS ROAD AND 16 LAGOON DRIVE, PANMURE

    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
    • There are no persons who are adversely affected by the proposal.

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

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by CKJ Holdings Limited to establish a 198m² restaurant that infringes the following rules:

    • a new restaurant within 30 metres of the residential zone (rule 8.7.1.1)
    • consent is required for a shortfall of 20 car parks, due to no car parks being provided on site (rule 12.9.1.1 and rule F15-01 6.4.4 )
    • a loading bay space has not been provided (rule 12.9.1.1)
    • the proposal infringes the residential zone interface screening requirements (rule 8.8.1.12B)
    • the proposal involves new frontage doors and windows for the restaurant, which are additions or alterations to a building within the Panmure Structure Plan (F15-01 rule 6.4.1)

    at 27 Queens Road and 16 Lagoon Drive, Panmure described as Lot 12 DP 36382 121m2, CT 964/55 and Lot 20 DP 36382, CT 1054/224 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

    The relevant planning documents considered were:

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

    • 4.3.1.2 Discretionary Activities Assessment
    • 4.3.1.2B Development Control Modification
    • 4.3.2.3 Notification
    • 4.3.2.6 Restricted Discretionary Activities
    • 4.3.12A Listed Discretionary Activities
    • 8.7.1 Activities in the Business 2 zone
    • 8.7.1A Permitted Activities
    • 8.7.3.2 General Criteria for Assessing Discretionary Activities
    • 12.3 Transportation Objectives and Policies
    • 12.7.1 Parking Objectives and Policies
    • 12.7.2 Parking Strategy
    • 12.8.2 Access
    • 12.9 Transportation Activities
    • 12.9.1.2 Criteria for Assessing Discretionary Activities
    • Plan Change 142 Panmure Growth Area Structure Plan

    Principal Issues

    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 Streamlined Application report on 27 Queens Road, Panmure, prepared by Colin Hardacre, dated 3 May 2007
    • The traffic impact assessment report prepared by Geoff Brown of G&H Transportation Consultants, dated 27 April 2007
    • The traffic review report prepared by Anita Lin of Beca Infrastructure Limited, dated 14 June 2007.

    Main Findings of Fact

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

    • That the proposal will only have a minor adverse effect on the environment in terms character, amenity, streetscape, public parking, loading, proposed road widening, and traffic generation
    • The Auckland City Council road widening designation (F14-15, Building Line for Road Widening, Lagoon Drive, five metres from the road boundary) on this site will affect car parking and access to the site.

    Reasons for the Decision

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

    1. The granting of consent to the application will have minor adverse effects on the environment.
    2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities.
    3. The application is consistent with the objectives and policies of the district plan and the sustainable management purpose of the Resource Management Act 1991.
    4. The Auckland City Council road widening designation (F14-15, Building Line for Road Widening, Lagoon Drive, five metres from the road boundary) on this site will affect car parking and access to the site.

    Conditions of Consent

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

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as "27 Queens Road Restaurant Fitout', prepared by Leon Talaic Design, sheet 680 - 1/1, amended 4 May 2007 and referenced by Council as LUC20070220401.

      Monitoring

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

      The $187.38 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

    ADVICE NOTES

    1. 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.
    2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004,, and comply with all relevant Council Bylaws. 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.
    3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    4. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Resource Consent 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.
    5. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.

    CARRIED

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1. 24 ST LUKES ROAD, ST LUKES
    1. That any four persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to construct an integrated/innovative housing development of 60 residential units at 24 St Lukes Road, St Lukes.

      The panel is Mr G MacFarlane (Chairman), Mr G Falconer, Cr G A Mulholland and Cr G Fryer (and alternates Ms K Ryan (alt Chair), Cr F Storer and Cr C Caughey).

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

    CARRIED

    6.2. SWANSON STREET, AUCKLAND CENTRAL
    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 upgrade the pedestrianised area of Swanson Street, Auckland Central, extending from Queen Street in the east to Mills Lane in the west. The proposal includes the provision of street furniture, paving, tree planting and lighting. No tree removals are proposed.

      The panel is Ms K Ryan (Chairman) and Ms C Hawley (and alternates Ms K Sinclair, Ms L McGregor and Mr J Hill).

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

    CARRIED

    6.3. UTILITIES CORRIDOR, TRANSPOWER HENDERSON - OTAHUHU TRANSMISSION LINE
    1. That any five persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to operate one live circuit of the existing line above DP limits during a forced outage (defined as an automatic or urgent removal from service of an item of equipment which in turn results in an inability to transmit electricity)..

      The panel is Mr G MacFarlane (Chairman), Mr R Gee, Mr D Chandler, Mr E Graham and Ms L Rea (and alternates Cr W A Christian, Cr G A Mulholland and Ms L McGregor).

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

    CARRIED

    6.4. 99-101 PARNELL ROAD, PARNELL
    1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine a section 357 objection to a condition of a resource consent, relating to the rooftop sign, in connection with 99-101 Parnell Road, Parnell.

      The panel is Cr F Storer (Chairman), Cr W A Christian and Board Member K Carter (and alternates Cr N Abel, Cr G A Mulholland, Cr G Fryer 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

  7. Top REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS

    That the summary of requests for service arising from site visits and meetings be received.

    CARRIED

  8. Top APPOINTMENT OF COMMISSIONERS AND INDEPENDENT COMMISSIONER DECISIONS FOR 2006/2007

    That the summary of the appointment of commissioners and Independent Commissioner decisions for 2006/2007 be received.

    CARRIED

  9. Top LEARNINGS FROM AUSTRALIAN PLANNING INSTITUTE CONFERENCE "SIGHT LINES SITE - 32ND PARALLEL: THE BIG PICTURE"

    That the report from Crs Storer and Fryer dated 5 June 2007 in relation to the Planning Institute of Australia National Congress 2007 they attended on Council's behalf be received.

    CARRIED

  10. Top 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

    26 Batkin Road, Avondale - 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 removal of a Pohutukawa tree at 26 Batkin Road, Avondale 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.

    C2

    Appeals To Plan Change 61 - Glen Innes Residential 6a And 8 Rezoning

    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, two appeals have been lodged with the Environment Court against the Council's decision on Plan Change 61 to reduce the extent of land to be rezoned Residential 6a and 8 and to reduce the special height limit to 4 storeys/14 metres high over parts of the former Tamaki Girls college site 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 2.17 pm.