MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 24 JULY 2007 AT 11:10 AM ADJOURNED AT 12.04 PM AND RECONVENED AT 12.11 PM

1. APOLOGIES

   That the apology from Cr G Fryer be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 17 July 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   4.1. 463-475 NEW NORTH ROAD, KINGSLAND

   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 considered to be adversely affected by the activity.

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

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Roberts Family Trust to replace the existing signage with seven verandah fascia signs and seven below verandah signs that:

   • Involves external alterations to a Category B Scheduled building

   at 463-475 New North Road, Kingsland described as LOTS 1-2 SEC 1 DP 171, CT NA7C/1477 & LOT 3 DP 171, CT NA35/21 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:

   • Clause 5C.7.1: Heritage Items: Objectives
   • Clause 5C.7.1.3C: Rules Additions and Alterations to a Scheduled Item
   • Clause 8.6.2: Business 2 Zone: Objectives and Policies

   Plan Modification 132, and, in particular, the following:

   • Clause 5C.7.10.1: Character Overlay: Objectives And Policies
   • Clause 5C.7.10.2 F: Character Overlay Areas: Signs

   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 memo prepared by Ian Grant of Auckland City Council Heritage Division, dated 24 April 2007
   • Document entitled "Resource Consent Application for External Signage Only, Portland Building, 463-475 New North Road, Kingsland, Auckland", prepared by Katie Smith of Scribble Limited, dated 22nd March 20-07 and date stamped by Council 23 March 2007
   • The letter prepared by Robin Byron of the New Zealand Historic Places Trust dated 24 April 2007.

   Main Findings of Fact

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

   • The proposal relates to seven verandah fascia signs and seven below verandah signs. There are no changes proposed to the fabric of the building
   • The proposed activity complies with the development controls of the District Plan
   • The granting of consent to the applicant's proposal will have minor effects on the environment. Anticipated effects will be minor in scale with the signs being of an appropriate scale, size, design and location
   • The anticipated adverse effects relate to visual amenity, pedestrian amenity & human scale and historic character. In particular, the proposal will create adverse effects on the pedestrian amenity provided on the site however these effects will be minor and isolated to the construction period as the same level of coverage and protection as existing will be provided and the signage will not obstruct the pedestrian area beneath the verandah
   • Advice has been received from the New Zealand Historic Places Trust and the Council's Senior Heritage Architect that the proposed signage is acceptable.
   • Anticipated adverse effects will be minor and mitigated through the appropriate design. The standardized signage will improve visual amenity of the building and support the historic character of the building.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, criteria relating to alterations to a Scheduled building.
   2. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, that the activity is carried out in accordance with the approved plans.
   3. It is considered that the adverse effects from the proposal will be minor, mitigated through the use of appropriate design and is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.
   4. Advice has been received from the New Zealand Historic Places Trust and the Council's Senior Heritage Architect that the proposed signage is acceptable and an improvement to the previous signage situation.

   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:
      • Plans entitled "Portland Building, 463-475 New North Road, Kingsland-Canopy Alterations & Upgrades, Job Number 0510, drawn by KLS & MJP of Scribble Limited, dated March 2007 and date stamped by Council 30 March 2007." Including Plans marked:
        • Drawing Schedule, Location Plan, Site Information, Site Plan. Sheet A400
        • New North Road Elevations (Referring to Signage Only). Sheet A401
        • New North Road Elevations (Referring to Signage Only). Sheet A402

      with the exception that in relation to 'below verandah' signs the proposed 'Ivy' oval sign should in the future be replaced, when a change in tenancy occurs, with a sign of the same size (0.4m height x 1.7 m length) as the other below verandah signs proposed.

      • Document entitled "Resource Consent Application for External Signage Only, Portland Building, 463-475 New North Road, Kingsland, Auckland", prepared by Katie Smith of Scribble Limited, dated 22nd March 20-07 and date stamped by Council 23 March 2007

      and referenced by Council as LUC20070225101.

      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.

   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. 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.
   6. It is noted that a compliance monitoring fee of $381.44 (inclusive of GST) was paid at the time of lodging this resource consent application. Accordingly, the monitoring condition (2) is deemed to be satisfied in so far as the payment of the $381.44 fee. The applicant is also advised that additional charges may be incurred on this resource consent as a result of additional monitoring in accordance with the monitoring condition (2).
   7. If a change of tenancy occurs a new replacement sign will be considered to be within the scope of this consent provided that the dimensions of the replacement sign are not altered from the consented dimensions and in relation to the verandah fascia signs the name of the business is not displayed more than once on each row frontage.

   CARRIED

   [ATTACHMENT 4.1A]

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 509 NEW NORTH ROAD, KINGSLAND

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

   • The adverse effects on the environment of the activity for which consent is sought will be minor.

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

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

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

   CARRIED

   [ATTACHMENT 5.1A]

   5.2. 1 FANSHAWE STREET AND 6-12 MARKET PLACE, AUCKLAND CENTRAL

   That pursuant to sections 94, 94A, 94B & 94C & 94D of the Resource Management Act 1991, this application be processed without notice because:

   • Council is not required to notify an application for a controlled activity (s93(1))
   • Council is not required to serve notice of an application for a controlled activity as Rule 15.3.2.6 of the Plan expressly provides that notice does not need to be served (s94D(3))
   • Council is not required to notify an application for a restricted discretionary activity as Rule 15.3.2.6 of the Plan expressly provides that it does not need to be notified (s94D(2))
   • Council is not required to serve notice of an application for a restricted discretionary activity as Rule 15.3.2.6 of the Plan expressly provides that notice does not need to be served (s94D(3))
   • There are no special circumstances that warrant notification of the application.

   Pursuant to sections 104A and 104C of the Resource Management Act 1991, the restricted controlled and restricted discretionary activity resource consent application by M Six Investments Limited to demolish the existing Seamart buildings and erect a new five level office building plus basement providing 63 carparks, as described in the application material and assessment of effects and attachments provided by Green Group Limited, and as shown on the set of plans and architectural commentary prepared by Jasmax, entitled, all referenced by Council as LUC20070309501, which involve the following matters:

   • design and appearance of buildings
   • bonus roof height
   • demolition and construction (including potential contamination)

   shall be granted consent and subject to the conditions that follow.

   Pursuant to sections 113(1)(ab), (ac), (ad) and (ae):

   Relevant Statutory Provisions

   The following relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 104, 104A, 104C and 108 of the Act.

   Relevant Plan Provisions

   The following relevant plan provisions have been taken into account in the assessment of this application: The Operative Auckland City District Plan 2004 - Central Area Section. The specific provisions of the Harbour Edge Strategic Management Area set out in clause 4.2 and those for the Viaduct Harbour Precinct set out in clause 14.7, Part 5 Activities, Part 6 Development Controls, Part 8 Financial Contributions, Part 11 Hazardous Facilities & Contaminated Sites, Part 15 General Provisions.

   Principal Issues in Contention

   There were no issues in contention.

   Summary of Evidence

   The following evidence/information has been considered in reaching this recommendation:

   Resource Consent Application prepared by Green Group Limited dated 8 May 2007 (covering letter 2 pages; Form 9 and AEE 21 pages) and including Annexure 1 Certificates of Title 8 pages; Annexure 2 Plans of the Proposed Building prepared by Jasmax including Architectural Statement 8 pages and plans RC-001 Rev A, RC-002 Rev A, RC-001 Rev A, RC-011 Rev A to RC-018 Rev A, RC-E01 Rev A to RC-E04 Rev A; RC-S01 Rev A to RC-S03 Rev A; Annexure 3 Traffic Engineering Assessment prepared by Traffic Planning Consultants Limited 13 pages; Annexure 4 Urban Design Statement prepared by Clinton Bird Urban design Limited 27 pages; Annexure 5 Wind Assessment prepared by Dr Richard Flay University of Auckland 4 pages.

   • Council Senior Urban Designer report from Sue Evans, dated 7 June 2007 (4 pages)
   • Council Consultant Traffic report from Dinna Hanna of T2 Engineers, dated 31 July 2006 (13 pages)
   • Council Environmental Health Officer memorandum from Bin Qiu, dated 23 February 2006 (2 pages)
   • Council Consultant Planning Report by Brooke Dales of Dales Consultancy Serviced Limited as provided in the agenda.

   Findings of Fact

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

   • The subject site is located in the Central Business District at 1 Fanshawe Street & 6-12 Market Place and has road frontage to Fanshawe Street, Market Place, Pakenham Street East and Lucy Lane
   • The subject site is currently in two separate certificates of title (which managed in a condition to ensure they can be treated as one 'site') and contains vacant buildings that were part of the Seamart operation
   • The site is subject to the specific provisions of the Harbour Edge Strategic Management Area set out in clause 4.2.3 and those for the Viaduct Harbour Precinct set out in clause 14.7.3
   • M Six Investments Limited is seeking approval from Auckland City Council to undertake works required to demolish the existing Seamart buildings and erect a new 5 level office building plus basement providing 63 carparks at 1 Fanshawe Street & 6-12 Market Place, Auckland Central
   • A resource consent is required for the overall development as a restricted controlled and restricted discretionary activity.
   • Council's Senior Urban Design Architect has indicated support for the design of the proposed building.

   Reasons for the Decision

   Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons for this land use resource consent are as follows:

   1. In terms of section 104(1)(a) of the Act, and subject to recommended conditions of consent, any adverse effects on the environment will be no more than minor. In particular, any actual and potential adverse effects on visual amenity, urban design and built form, access, construction, earthworks, excavation and site contamination are considered in the whole to be no more than minor.
   2. In terms of section 104(1)(b) of the Act, the proposal is consistent with the relevant policy statements and plans including the objectives, policies and assessment criteria of the Operative District Plan. The overall design will provide an integrated and comprehensive development in this locality. The building is also of a suitable scale for its viaduct harbour gateway location. Matters relating to urban design and appearance of built form, bonus roof height, site contamination, construction and demolition are considered to be appropriately provided for.
   3. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account including monitoring, the payment of a financial contribution and development contribution and the comments of the Urban Design Panel.
   4. Council's Senior Urban Design Architect has indicated support for the design of the proposed building.
   5. The activity is consistent with Part II of the Act.

   Conditions of Consent

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

   General

   1. Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and any further supporting correspondence submitted by the applicant and their agents, and, in particular:
      • Resource Consent Application prepared by Green Group Limited, dated 8 May 2007 (covering letter 2 pages; Form 9 and AEE 21 pages) and including Annexure 1 Certificates of Title 8 pages; Annexure 2 Plans of the Proposed Building prepared by Jasmax including Architectural Statement 8 pages and plans RC-001 Rev A, RC-002 Rev A, RC-001 Rev A, RC-011 Rev A to RC-018 Rev A, RC-E01 Rev A to RC-E04 Rev A; RC-S01 Rev A to RC-S03 Rev A; Annexure 3 Traffic Engineering Assessment prepared by Traffic Planning Consultants Limited 13 pages; Annexure 4 Urban Design Statement prepared by Clinton Bird Urban design Limited 27 pages; Annexure 5 Wind Assessment prepared by Dr Richard Flay University of Auckland 4 pages

      all referenced by the Council as LUC20070309501.

   2. Details of all materials, colours and finishes (including glazing) of the buildings shall be provided to the satisfaction and approval of the Manager: City Planning prior to construction commencing (for clarity construction does not include demolition in this respect). In particular, it is noted that the material chosen to face the street level plinth must be of a durable self finished nature and that the sculptural element on the northern boundary plinth be appropriately detailed to the approval of the Manager: City Planning.
   3. The materials and location of any roller grilles or security doors shall be to the written satisfaction of the Manager, City Planning.
   4. The land subject to the application shall meet the definition of "Site" as defined in the Operative Auckland City District Plan 2004 - Central Area Section prior to construction commencing. For planning purposes, the definition of "site" as it relates to this application shall be taken to incorporate all land legally described as follows with the total site are being 2669m2:

      Lot 4 DP 205351, C/T 107599 (NA133D/480) -1282m2

      Lot 3 DP 205351, C/T 108220 (NA133D/481) - 1387m2

   5. No signs have been approved as part of this application. Any future signs on the subject site shall comply with Part 27 of the Auckland City Consolidated Bylaw or will be the subject of a separate application and form part of a comprehensive signage plan.
   6. The consent holder shall engage a licensed cadastral surveyor to certify to Council in writing prior to construction (excluding demolition) commencing and again prior to the flooring of the uppermost level being completed that either:
      • The plans submitted or work completed to these stages is in accordance with the levels and dimensions on the approved plans and complies with the relevant district plan height controls or special height controls; OR
      • There are differences to the approved plans in levels and dimensions of work completed, but the differences do not infringe rule 6.2 of the Operative Auckland City District Plan 2004 - Central Area Section being the maximum height control or special height controls greater than that approved, provided that what remains to be built beyond these stages will be built in accordance with approved plans. Should any height infringements result, the building will be required to be reduced in height to compliance with the applicable height controls or to those heights that were granted consent as part of this application.
      • In the event of (b), the certificate shall also specify the differences. In either event, work shall not proceed beyond the respective stages until receipt of the above required certificate to the satisfaction of Council (Manager: City Planning).

      Lighting

   7. A detailed lighting plan prepared by a recognised lighting engineering expert shall be submitted to the satisfaction of the Manager: City Planning prior to construction (excluding demolition) commencing. The lighting plan shall detail the methodology as to how the exterior of the building, the area of the site adjoining the public road and the public footpath shall be lit and that such lighting shall comply with the following standards:
      • There shall be a high vertical illuminance so that shadows of people and indications of movement are easily seen, even at a distance
      • This should include 24 hour lighting of the entry cube. All lighting is to be maintained thereafter to the satisfaction of the Manager, City Planning. All of this work shall be undertaken at the consent holder's expense.

      Construction

   8. Prior to the commencement of demolition and construction, the consent holder shall erect and maintain in place a screen wall of a minimum height of 1.8m along the boundaries of the site to the satisfaction of the Council (Resource Consents Monitoring Leader). This wall shall be constructed using either solid materials or wire. The wall shall remain in place until the cessation of construction works on the site.
   9. The consent holder shall provide to the satisfaction of the Council (Resource Consents Monitoring Leader) and prior to demolition and construction commencing, a site management plan specifying:
      • Who the site manager is and contact details (phone, facsimile, postal address)
      • Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, storage and unloading of building materials and similar construction activities
      • Procedures for controlling and removal of construction materials from public roads or places
      • Proposed numbers and timing of truck movements throughout the day
      • Location of workers conveniences (eg portoloos)
      • Ingress and egress to and from the site for demolition and construction vehicles
      • Details of edge treatment in accordance with clause 5.6.1.1(b) and clause 5.6.1.1(c) of the Operative Auckland City District Plan 2004 Central Area Section to the satisfaction of and approval of the Manager, City Planning.

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

   10. To prevent contamination of drains with water containing soil sediments there shall be no stock piling of excavated material on the site. Any surplus excavated material (except where this is to be reused on the site and retained to a reasonable standard) shall be removed from the site and deposited in an approved landfill.
   11. Until the development is completed all stormwater runoff from the site shall be 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 guidelines on siltation control (Refer to Annexure 8 (Earthworks in Auckland City) of the Operative Auckland City District Plan 2004 - Central Area Section.
   12. A wheel wash shall be installed and used on the site during the full period of demolition and construction to ensure that loose material associated with excavation, removal of soil and debris and delivery of construction materials is not carried by vehicle tyres and deposited on public roads. During such times, the road carriageway adjacent to the site shall be hosed down at the end of each working day.
   13. All site works shall be carried out so as not to create a dust nuisance on the site and the surrounding area. In order to prevent the dispersal of dust and other particles from adversely affecting adjoining sites, the consent holder shall dampen the area of earthworks so that the emission of dust and other particles is minimised.
   14. All construction works including mechanical digging equipment and/or commercial earth moving equipment shall be restricted to the hours from 7.00am to 6.00pm Monday to Friday, and from 8.00am to 1.00pm Saturday. No works shall be undertaken on Sundays and public holidays. This is to ensure amenity is maintained for surrounding neighbours.
   15. All excavation and construction activity shall be so designed and conducted in a manner, which complies with the noise controls listed in rule 7.6.4 of the Operative Auckland City District Plan 2004 - Central Area Section.
   16. The loading and unloading of all vehicles and storage of plant and equipment associated with the building construction, shall take place within the site boundaries of this application unless otherwise allowed by the written approval of the Council (Manager: Traffic Safety, Assets and Operations.)
   17. Temporary protection shall be installed where required to prevent vehicles damaging footpaths, kerbs and roads. Safety barriers and warning signs shall be installed as necessary and maintained at all times to ensure that the health and safety of the public and workers on the site are ensured. In the event that damage occurs to the road, kerb or footpath as a result of construction works, the road, kerb or footpath shall be fully reinstated to the Council's standards at the consent holder's expense.
   18. The resource consent holder shall provide to the satisfaction of and approval of the Council (Manager: Traffic Safety, Assets and Operations.) and prior to demolition and construction commencing, a construction traffic management plan. The Plan shall ensure that appropriate vehicle and pedestrian access is maintained on all surrounding streets. The plan shall also address all traffic management details as listed in Appendix 1 to these conditions of consent and the details outlined in section 7 of the Council's Consultant Traffic Engineer's report. The plan shall note that no construction deliveries to the site are to be permitted in the peak periods between 7:00am-9:00am and 4:00-6:00pm. All works shall be carried out in accordance with the approved construction traffic management plan.
   19. The consent holder shall submit a report from a suitably qualified geotechnical and/or hydraulic engineer confirming that the demolition, excavation and development of the building will not impact upon the local water table, cause subsidence of neighbouring properties or result in vibration that may damage neighbouring buildings. The report shall be submitted to the satisfaction of the Manager: City Planning prior to demolition and/or excavation commencing. Any damage resulting from construction shall be remedied by the consent holder at its expense.
   20. Should the construction of the building not commence within one month of demolition being completed, the site shall be made safe, temporary demolition screening removed and the entire site shall be landscaped to the satisfaction of the Manager: City Planning.

       Screening

   21. Any air-conditioning plant and equipment on the roof shall be screened in a manner that ensures they are masked from view when viewed from above, to the satisfaction of the Manager: City Planning.
   22. All service or storage areas shall be screened from public view, to the satisfaction of the Manager: City Planning.

       Refuse Disposal

   23. Facilities for the storage, collection and disposal of refuse shall be provided on the site at all times to the satisfaction of the Manager: City Planning. Prior to the commencement of construction (excluding demolition), a copy of a waste management plan shall be lodged with the Council by the consent holder, which shall include designated sites for refuse bins for the collection and storage of glass, paper, plastic and metal cans as outlined in the resource consent plans. The required plan shall be prepared to the satisfaction of the Manager: City Planning and shall be in accordance with the Council's waste reduction policy and indicate refuse collection times which shall be outside the hours from 7am to 9am and from 4pm to 6pm Monday to Friday. Collection times shall not occur between the hours from 10pm to 6am (week days) and from 10pm to 9am (weekends and public holidays) so as not to interrupt sleep of occupants of buildings in the vicinity.
   24. The waste management plan required by the above condition shall also detail the methodology by which the bins shall be emptied and include a statement confirming that at no time shall any bins be stored or left on the footpath (including footpath widening area) or unattended in public view.

       Traffic

   25. The consent holder shall ensure that secure provision is made within the premises for occupiers, employee and visitor bicycles.
   26. An audio visual 'Vehicle Approaching' warning sign and a 'Give Way To Pedestrians' sign shall be installed at the vehicle entrance from Lucy Lane to the satisfaction of the Manager: City Planning at the consent holder's expense. The audiovisual signage is to be highly visible to pedestrians using the footpath. The 'Give Way' signs are to be located so that they are easily seen and able to be read by drivers exiting the ramp or the car park building.
   27. The vehicle access/egress point from Lucy Lane shall be constructed as driveway crossings and not roads and that the detail, materials and finishing of the accessway shall be to the satisfaction of the Manager: City Planning. The accessway shall have raised pedestrian accessways across it to the satisfaction of the Manager: City Planning and the Manager: Traffic Safety, Assets and Operations. The design and instalment costs shall be borne by the consent holder. The proposed crossings shall be designed and constructed to the same levels as the footpath on either side of the crossings, using the same materials, patterns and finish as the footpath on either side of the crossings and not be changed to marry-in with on-site levels.
   28. Existing footpath crossings (or parts of such crossings) that are no longer required for the purposes of providing vehicular access to the site, in relation to the proposed development, shall be reinstated as kerb and footpath at the consent holder's expense. The materials used for the restoration of such footpaths, and the whole of the work shall be carried out in accordance with the Council's standard construction details for footpaths, kerbs and carriageways and to the satisfaction of the Manager: Traffic Safety, Assets and Operations.
   29. The consent holder shall install a warning device with flashing lights is to be installed at the bottom of the ramp platform to be activated when the loading area is occupied by a loading vehicle to the satisfaction of the Manager: Traffic Safety, Assets and Operations and the Manager: City Planning. The design and instalment costs shall be borne by the consent holder.
   30. All truck access to and from the loading space shall be prohibited during the peak traffic periods of from 7.00 am to 9.00 am and from 4.00 pm to 6.00 pm week days.
   31. The consent holder shall undertake speed and volume counts on Lucy Lane six (6) and twelve (12) months after the building is completed at the consent holder's expense and submit  to Council (Manager: Traffic Safety, Assets and Operations.) If any operational safety issues arise on Lucy Lane along the site frontage and/or at the intersection at each end at any stage after the proposed development has been constructed, Council would review the site access and/or operation on Lucy Lane and would impose either vehicle movement restrictions and/or mitigation measures to be implemented on Lucy Lane. The cost of any such work shall be borne by the consent holder.

       Financial Contributions

   32. Pursuant to rule 14.7.8 of the Operative Auckland City District Plan 2004 Central Area Section the resource consent holder shall have paid to the Council a financial contribution for the purposes of providing public amenities, infrastructure and new roading of 7.5% of the 'value of development' prior to the commencement of construction (excluding demolition).

       Contamination

   33. The consent holder shall prior to commencement of demolition of existing buildings at the sites, provide an inspection report from a person registered by Occupational Safety and Health Services, Department of Labour to the Council (Resource Consents Monitoring Leader) to confirm if the asbestos containing materials are present in the existing building.
   34. The consent holder shall at least 15 working days prior to commencement of demolition of existing buildings at the sites, provide a asbestos management plan to the satisfaction of the Council (Resource Consents Monitoring Leader). The asbestos management plan should be based on the Guidelines for Management and Removal of Asbestos, OSH, 1999 and should detail the asbestos identification process, removal and disposal procedures, risk assessment and its mitigation measures, health and safety procedures for site workers and general public, and air monitoring programme.
   35. The consent holder shall, prior to any excavation or construction works commencing, carry out a site contamination investigation including soil and groundwater sampling and testing according to the Contaminated Land Management Guidelines No5: Site Investigation and Analysis of Soils, Ministry for the Environment, 2004, and provide the report of site contamination investigation and assessment to the satisfaction of the Council (Resource Consents Monitoring Leader).
   36. The consent holder shall, prior to any excavation or construction works commencing, provide the following documents to the satisfaction of the Council (Resource Consents Monitoring Leader):
       1. Remediation action plan; and
       2. Health and safety plan for the construction workers.
   37. The consent holder shall engage an environmental engineer who is experienced in site contamination to supervise the earthworks and implement the remediation action plan and health and safety plan during the site investigation and remediation works.
   38. The consent holder shall, within three months of 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 test results for the excavated and remaining materials (if any)
       2. groundwater test results
       3. scaled plans (plan and elevation views) showing the location and containment details(if any) of any contaminated materials relocated/remained on the site
       4. An on-going monitoring and management plan (if applicable)
       5. Evidence of disposal of contaminated materials in a licensed facility.

       Monitoring

   39. The consent holder shall pay the Council a consent compliance monitoring charge of $1,500.00 (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).

       Administrative Charges

   40. That the resource consent holder shall pay any extra administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991, wherever appropriate, or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991 wherever appropriate.

   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 the Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Council (Resource Consents Monitoring Leader)and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   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 the Council within 15 working days of notification of the decision. The 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 the 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 the Council's 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. Where an application for a unit title subdivision is lodged, the required off street loading spaces and associated service and access areas should be included within the common property area.
   11. It is essential that the building is allocated a single standard unambiguous street address for both emergency and administrative purposes. Contact should be made with the street numbering section of Auckland City Environments (Oliver Richards tel 353 9351) in order that any issues regarding street numbering can be resolved at an early stage.
   12. The consent holder is required to ensure that all legal requirements, particularly those related to any matters on the certificates of title are addressed and resolved by the consent holder. This resource consent does not exonerate the consent holder from any such requirements.
   13. The proposed development shall comply with the requirements and approval by the NZ Fire Service.
   14. The Network Upgrade Charge (NUC) will be applicable to the proposed development and details can be obtained from Metrowater.
   15. The reports required in the contamination conditions are to be prepared according to the Contaminated Land Management Guidelines No 1 - Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2003. The investigation and remediation works may require approval of Auckland Regional Council.
   16. The inclusion of a sculpture to the northern plinth is strongly supported by the Council's Senior Urban Designer. It is recommended that the designers liaise with Warren Pringle, Senior Arts Planner Auckland City with regard to this. The applicant should submit the specific design of this sculpture for approval by the Manager, Central Area Planning.
   17. The applicant should investigate whether gutters could be provided to the street faηade in order that rainwater is not directly discharged onto the footpath.
   18. The diagonal faηade system is critical to the success of the design of the building. This should reflect the design as presented for resource consent in terms of shape, scale, depth of mullions and transoms and the 'e' rating of glazing.
   19. It is acknowledged that the applicant desires to achieve a 5 star NZGBC greenstar rating. The applicant is encouraged to inform the Manager Central Area Planning as to the final star rating achieved for the building. 
   20. 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.

   If further consents are applied for in respect of this development the contribution amount may be re-calculated at that time.

   Please contact the Development Contributions team for any queries in this regard.

   APPENDIX 1 (TO CONSENT CONDITIONS)

   TRAFFIC MANAGEMENT PLAN FOR DEMOLITION & CONSTRUCTION ACTIVITIES

   The following is a list of issues that would need to be addressed in detail in any traffic management plan being prepared for demolition and construction activity. In particular, the plan is to include specific provision for site management, edge treatment and site amenity as required by rule 5.6.1 of the Operative Auckland City District Plan 2004 - Central Area Section.

   • ingress/egress to/from site
   • materials storage
   • truck unloading/loading, particularly hours of operation and that truck movements shall be outside of peak hours.
   • concrete deliveries
   • rubbish removal
   • truck movements to the site
   • truck waiting
   • truck cleaning
   • subcontractors vehicles
   • workers vehicles
   • cranage
   • cherry pickers
   • pedestrian movements and pedestrian control/safety
   • all weather protection for pedestrians
   • needs of other property owners/occupiers affected by the works and how those needs will be met (including parking, servicing, access requirements).
   • equipment to be used for control of traffic
   • details of all signage
   • on street parking controls and liaison with Parking Services
   • impact on street lighting
   • liaison with emergency services
   • liaison with public transport and road transport organisations
   • how to keep footpaths and roadway clean and uncluttered
   • site sheds (on or over the street).

   NB The plan needs to take account of the full potential effects of the activity on the public space (road, footpath, etc).

   The contractor will need to have evaluated:

   1. The traffic conditions
   2. Existing traffic and parking controls
   3. Physical features
   4. Visibility restrictions
   5. Requirements of other properties re: access etc.

   It is suggested that for significant construction sites there be someone appointed who has responsibility and accountability for controlling traffic matters and ensuring that the agreed traffic management plan is adhered to (eg employ security officer).

   CARRIED

   5.3. 19 PRINCES STREET, AUCKLAND CENTRAL

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

   • In accordance with section 93(1)(b), the adverse effects are minor and this application need not be publicly notified
   • In accordance with section 94D(3), the application need not be notified pursuant to section 94 because, other than the New Zealand Historic Places Trust whose written approval has been obtained, no persons are considered to be adversely affected by the proposal
   • In accordance with section 94C(2) there are no special circumstances to warrant notification.

   Pursuant to section 100 of the Resource Management Act 1991, the hearing of this application be dispensed with as unnecessary because the applicant has agreed in writing that the recommended conditions of consent are acceptable.

   Pursuant to section 104C of the Resource Management Act 1991, the restricted discretionary activity resource consent application by the Northern Club to undertake building works in the site surrounds of the scheduled Northern Club building at 19 Princes Street, Auckland Central, Auckland City, being Lot 1 DP64556, as described in the application material and plans by Beca Carter Hollings and Ferner Ltd, all referenced by Council as LUC2006067301, which involves the following matters:

   • demolition of the existing Centennial Wing on the northern side of the Northern Club building
   • construction of a new "Wintergarden" building and Princes Street 'fence/gate' in place of the demolished Centennial Wing within a Conservation Area and within the site surrounds of a scheduled building

   shall be granted consent under delegated authority in accordance with the above recommendations and subject to the conditions which follow.

   That pursuant to sections 113(aa), (ab), (ac), (ad) and (ae):

   Relevant Statutory Provisions

   The following relevant provisions have been taken into account in the assessment of the application: Part II and sections 36, 93, 94, 94A, 94B, 94C, 94D, 100, 104, 104C and 113.

   Relevant Plan Provisions

   The following relevant plan provisions have been taken into account in the assessment of the application: Auckland City Operative District Plan 2004 - Central Area Section including the provisions under SMA 5 - Eastern Strategic Management Area, Chapter 10 - Heritage, and Proposed Plan Change 2 to the Operative Plan 2004.

   Principal Issues in Contention

   There are no principal issues in contention.

   Summary of Evidence

   The evidence considered in making the decision include:

   • The Assessment of Environmental Effects (AEE) submitted by Beca Carter Hollings and Ferner, dated August 2006
   • The plans of proposed works prepared by Fearon Hay Architects and referenced LUC20060607301 by Council
   • Heritage Assessment by Salmond Reed Architects, dated 5 July 2006
   • The letter received from the New Zealand Historic Places Trust, dated 11 October 2006
   • The Heritage Assessment prepared by Ian Grant - Senior Heritage Architect / Planner, dated 15 November 2006
   • The recommendations of the Urban Design Panel, dated 24 July 2006
   • The Urban Design Assessment prepared by Sue Evans - Senior Urban Designer, dated 7 November 2006.

   Findings of Fact

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

   • The site is located in the Eastern SMA (SMA 5), is within a Conservation Area and has scheduled heritage item No. 98 (Northern Club) located on the site.
   • The design of the proposed structure is supported in principle by the New Zealand Historic Places Trust, the Council's Senior Architect (Heritage), the Council's Senior Urban Design Architect and the Urban Design Panel subject to agreement on the detailed design of the proposed 'fence/gate' feature along Princes Street.
   • The detailed design of the 'fence/gate' feature of the proposal located adjoining Princes Street is crucial to ensuring the proposal is compatible with the heritage qualities and character of the surrounding Conservation Area and Princes Street frontage, and that this detail will be ' in discussion with, and approved by, the Chief Advisor (Heritage).

   Reasons for the decision

   Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons for this land use resource consent are as follows:

   1. In terms of section 104(1)(a) of the Act, any adverse effects on the environment will be no more than minor and can be further mitigated through the imposition of conditions on consent.(a)
   2. In terms of section 104(1)(b) of the Act the proposal is consistent with the relevant policy statements and plans, including the relevant District Plan objectives and assessment criteria including the provisions under SMA 5 - Eastern Strategic Management Area, Chapter 10 - Heritage, and Proposed Plan Change 2 to the Operative Plan.(b)
   3. In terms of section 104(1)(c) of the Act, all relevant matters have been taken into account including monitoring and payment of a financial contribution.
   4. The design of the proposed structure is supported in principle by the New Zealand Historic Places Trust, the Council's Senior Architect (Heritage), the Council's Senior Urban Design Architect and the Urban Design Panel subject to agreement on the detailed design of the proposed 'fence' feature along Princes Street.
   5. The activity is consistent with Part 2 of the Act.

   Conditions of Consent

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

   General

   1. Except where otherwise required by the conditions that follow, the proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the design statement and plans, prepared by Fearon Hay Architects, entitled "Wintergarden at the Northern Club" (Job No: M431), being:
      • Fearon Hay Architects - Design Statement, Sheet No. 01, dated June 2006
      • Fearon Hay Architects - Streetscape Context, Sheet No. 02, dated June 2006
      • Fearon Hay Architects - Reference Images and Material, Sheet No. 03, dated June 2006
      • Fearon Hay Architects - Aerial Photo of Site, Sheet No. 04, dated June 2006
      • Fearon Hay Architects - Photomontages, Princes Street (North), Existing and Proposed, Sheet No. 05, dated June 2006
      • Fearon Hay Architects - Photomontages, Princes Street (South), Existing and Proposed, Sheet No. 06, dated June 2006
      • Fearon Hay Architects - Photomontages, Bankside Street, Existing and Proposed, Sheet No. 07, dated June 2006
      • Fearon Hay Architects Plan "Elevated View from Princes Street: Entrance Court with tree and tripartite structure" Sheet No. 08, dated June 2006
      • Fearon Hay Architects Plan "Princes Street Entrance" Sheet No. 09, dated June 2006
      • Fearon Hay Architects Plan "Elevated View from Bankside Street" Sheet No. 10, dated June 2006
      • Fearon Hay Architects Plan "Bankside Street Elevation" Sheet No. 11, dated June 2006
      • Fearon Hay Architects Plan "Detail Section - Princes Street Streetscape" Sheet No. 12, dated June 2006
      • Fearon Hay Architects Plan "Princes Street Elevation" Sheet No. 13, dated June 2006
      • Fearon Hay Architects Plan "Princes Street Elevation - Gates Removed" Sheet No. 14, dated June 2006
      • Fearon Hay Architects Plan "Site Plan", Sheet No. 18, dated June 2006
      • Fearon Hay Architects Plan "Basement Floor Plan / Upper Carpark" Sheet No. 16, dated June 2006
      • Fearon Hay Architects Plan "Ground Floor Plan" Sheet No. 17, dated June 2006
      • Fearon Hay Architects Plan "Mezzanine Plan" Sheet No. 18, dated June 2006
      • Fearon Hay Architects Plan "Princes Street Elevation" Sheet No. 19, dated June 2006;
      • Fearon Hay Architects Plan "Bankside Street Elevation" Sheet No. 20, dated June 2006
      • Fearon Hay Architects Plan "Section AA" Sheet No. 21, dated June 2006
      • Fearon Hay Architects Plan "Section BB" Sheet No. 22, dated June 2006
      • Fearon Hay Architects Plan "Section - Existing Centennial Wing" Sheet No. 23A, dated October 2006
      • Fearon Hay Architects Plan "Section - Proposed Wintergarden" Sheet No. 24A, dated October 2006
      • Fearon Hay Architects Sketch Drawing, "Partial East Elevation (Princes Street Gates)", Ref: RC (DET) 01,M4(31), February 2007
      • Fearon Hay Architects Sketch Drawing, "Partial West Elevation (Bankside Street)", Ref: RC (DET) 02,M4(31), February 2007
      • Fearon Hay Architects Sketch Drawing, "Potential Jamb Detail", Ref: RC (DET) 03, February 2007.

      all referenced by Council as LUC20060607301.

      Monitoring

   2. The consent holder shall pay to the Council a consent compliance monitoring charge of $500.00 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and reasonable costs that are incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $500.00 (inclusive of GST) charge must be paid as part of the resource consent fee and the consent holder will be advised of the additional monitoring charge or charges as they fall due. Such additional charges are to be paid within one month of the date of invoice.

      Administrative Charges

   3. The resource consent holder shall pay any administrative charge fixed in accordance with section 36(1) of the Resource Management Act 1991 or any additional charge required pursuant to section 36(6) of the Resource Management Act 1991, wherever appropriate.

      Financial Contribution

   4. The resource consent holder shall have paid to the Council as a financial contribution prior to the commencement of any building development in accordance with this consent, an amount equal to 1% of the assessed value of works of the development as determined by the Council. For this purpose the value of works shall be as defined in the Auckland City Operative District Plan 2004 Central Area Section.4.

      The value of the demolished building (Centennial Wing) shall be deducted from that of the new development with the difference constituting the value of works for the purposes of this condition.

      Heritage

   5. Physical protection of all heritage fabric of the Northern Club shall be provided by the consent holder during all construction works. Method statements and monitoring regimes for all demolition and excavations shall be agreed in writing with Council (Chief Advisor: Heritage) prior to commencement of any such works.
   6. All plans to be submitted for building consent in conjunction with the development shall require the written approval of Council (Chief Advisor: Heritage) prior to the lodgement of the building consent application.
   7. "For construction documentation" shall require the written approval of Council (Chief Advisor: Heritage) prior to construction commencing on site. This shall be particularly necessary for the Princes Street 'fence/gate' and all roof or wall mounted services, to address visual amenity issues. The detailed plans of the Princes Street 'fence/gate' to be approved by the Council (Chief Advisor - Heritage) shall include details of the following aspects:
      •  Proportion
      •  Materials
      •  Colour
      •  Fabrication details
      • Lighting.
   8. Representatives of the Auckland City Council Heritage Team shall be advised of and may be present at regular site meetings during the construction phase of the development to enable appropriate consultation and monitoring on all aspects of the project as it impacts the heritage values of the scheduled building.
   9. No variations to the heritage fabric of the building or the new additions, as outlined in documents approved as part of this consent, shall be made without the written approval of Council (Chief Advisor: Heritage).
   10. A council approved project conservation architect shall be retained by the consent holder throughout the project to advise on detailed design for all heritage matters associated with the project. The name and contact details of this project conservation architect, and subsequent approval from Council (Chief Advisor: Heritage) shall be obtained prior to the lodgement of the building consent application.

       Princes Street Vehicle Access / Pedestrian Provision

   11. The vehicle access mechanism to the underground car park accessed from Princes Street shall be wholly located within the property boundary.
   12. The three gate openings of the Princes Street 'fence/gate' (being for pedestrian, service vehicle, or underground car park access) shall occur within the site boundaries. Any such gate opening shall not swing over the pedestrian footpath. Details of compliance with this condition shall be provided with the application for building consent for the 'fence/gate'.
   13. The Princes Street vehicle crossing shall comply with the Footpath Crossings Rule 9.7.3.3 of the Operative District Plan 2004 - Central Area Section. This shall require the following measures to ensure pedestrian priority:
       • a surface level for this vehicle crossing that is at the same level as the footpath on either side of the crossing
       • a finish of the vehicle crossing in the same materials and patterns as the footpath
       •  a minimum intrusion into the pedestrian flow path by the kerb ramp to Princes Street.
   14. Footpath crossings no longer required following completion of works shall be reinstated as footpath and the kerbs replaced, to the satisfaction of Council (Team Leader: Compliance Monitoring). The costs of this work shall be borne by the consent holder.

       Car parking

   15. Car parking space No. 11 identified on Fearon Hay Architects Plan "Basement Floor Plan / Upper Carpark" Sheet No. 16, dated June 2006, shall be deleted, and the area of this car parking space finished in the same manner as the adjacent courtyard.

       Urban Design

   16. The consent holder shall ensure that there is 24 hour lighting of the courtyard located between the proposed Wintergarden building and Princes Street to the satisfaction of Council (Manager, Central Area Planning). This lighting shall be installed prior to occupation of the new building and shall comply with the requirements of the Operative District Plan 2004 - Central Area Section and any applicable bylaw.
   17. The consent holder shall submit samples of materials and colour swatches including glazing for approval of Council (Manager, Central Area Planning) prior to lodgement of building consent.

       Construction / Demolition

   18. Prior to any works commencing on site, the resource consent holder shall submit for the approval of the Council (Manager: Transport Assets and Operations) in consultation with Team Leader: Compliance Monitoring), a traffic management plan. The plan shall also address all traffic management details as listed in Appendix 1 to these conditions of consent.
   19. The consent holder shall provide to the satisfaction of the Council (Team Leader: Compliance Monitoring in consultation with the Manager: Transport Assets and Operations) and prior to demolition and construction commencing, a demolition and construction management plan specifying:
       • Who the site manager is and contact details (phone, facsimile, postal address)
       • Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, storage and unloading of building materials and similar construction activities
       • Procedures for controlling and removal of construction materials from public roads or places
       • Proposed numbers and timing of truck movements throughout the day
       • Location of workers conveniences (eg portoloos)
       • Ingress and egress to and from the site for demolition and construction vehicles.
   20. All work on the site shall be carried out in accordance with the approved Traffic Management Plan required by Condition (20) and the Demolition and Construction Management Plan required by Condition (21).
   21. The loading and unloading of all vehicles and storage of materials, plant and equipment associated with the building construction, shall take place within the site boundaries of this application unless otherwise allowed by the prior written approval of the Council (Transport Assets and Operations).
   22. A wheel wash shall be installed and used on the site during the full period of construction to ensure that loose material associated with excavation, removal of soil and debris and delivery of construction materials is not carried by vehicle tyres and deposited on public roads. During such times the road carriageway adjacent to the site shall be hosed down at the end of each working day.
   23. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, channels or soakage systems in accordance with Annexure 8, Earthworks of the Auckland City Operative District Plan 2004 Central Area Section. These measures shall remain in place until the completion of the development.
   24. Prior to any works commencing on the site, the resource consent holder shall obtain the approval of the Council (Transport Assets and Operations) for the proposed method of protection of footpaths and underlying services affected by the movement of vehicles to and from the site and by works being carried out on the site. Proposed methods may include the laying of timber planks or the provision of a reinforced concrete overlay. The method selected will depend on how the footpath will be impacted by vehicles.
   25. Should any damage occur in the course of development of the site, the consent holder shall bear all costs relating to the reinstatement of the affected footpath, street furniture and trees and/or affected services. All reinstatement work shall be carried out at the direction and to the satisfaction of the Council (Manager: Traffic and Roading Services).
   26. All site works shall be carried out so as not to create a dust nuisance on the site and the surrounding area. In order to prevent the dispersal of dust and other particles from adversely affecting adjoining sites, the consent holder shall dampen the area of earthworks so that the emission of dust and other particles is minimised.
   27. All construction works including mechanical digging equipment and/or commercial earth moving equipment shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday, and from 8.00am to 1.00pm Saturday. No works shall be undertaken on Sundays and public holidays. This is to ensure amenity is maintained for surrounding neighbours.
   28. There shall be no movement of heavy vehicles to and from the site during the peak traffic periods of normal working days between the hours from 7.00am to 9.00am, and from 4.00pm to 6.00pm unless otherwise approved by the Council (Manager: Transport Assets and Operations.)
   29. All construction activities carried out on the site shall be designed and conducted in a manner such that any noise from the site shall not exceed the noise limits in rule 7.6.4 of the Auckland Operative District Plan 2004 - Central Area Section.

   ADVICE NOTES

   1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws.
   2. A copy of this consent should be held on site at all times during the all phases of the activity.
   3. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357A(2) of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing.
   4. This consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained you are advised that unless otherwise stated, the use shall not commence until conditions of this resource consent have been met.
   5. If this consent and its conditions alter or affect a previously approved building consent for the same project you are advised that a new building consent may need to be applied for.
   6. 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.
   7. 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.
   8. The written approval to the proposal has been provided by the New Zealand Historic Places Trust ("the Trust") on the basis that the Trust be given the opportunity to review and comment on the details of the Prince Street 'fence/gate'. The Northern Club has agreed to this requirement in its letter dated 9 October 2006.
   9. For the avoidance of doubt, the value of the existing building on the site of the new development may be deducted from the value of the new work when assessing the financial contribution under condition 4.

   APPENDIX 1 (TO CONSENT CONDITIONS)

   The following is a list of issues that would need to be addressed in detail in any traffic management plan being prepared for demolition and construction activity. In particular, the plan is to include specific provision for site management, edge treatment and site amenity as required by rule 5.6.1 of the Auckland City Operative District Plan 2004 Central Area Section.

   • ingress/egress to/from site
   • materials storage
   • truck unloading/loading, particularly hours of operation and that truck movements shall be outside of peak hours.
   • concrete deliveries
   • rubbish removal
   • truck movements to the site
   • truck waiting
   • truck cleaning
   • subcontractors vehicles
   • workers vehicles
   • cranage
   • cherry pickers
   • pedestrian movements and pedestrian control/safety
   • all weather protection for pedestrians
   • needs of other property owners/occupiers affected by the works and how those needs will be met (including parking, servicing, access requirements).
   • equipment to be used for control of traffic
   • details of all signage
   • on street parking controls and liaison with Parking Services
   • impact on street lighting
   • liaison with emergency services
   • liaison with public transport and road transport organisations
   • how to keep footpaths and roadway clean and uncluttered
   • site sheds (on or over the street).

   NB The plan needs to take account of the full potential effects of the activity on the public space (road, footpath, etc).

   The contractor will need to have evaluated:

   1. The traffic conditions
   2. Existing traffic and parking controls
   3. Physical features
   4. Visibility restrictions
   5. Requirements of other properties re: access etc.

   It is suggested that for significant construction sites there be someone appointed who has responsibility and accountability for controlling traffic matters and ensuring that the agreed traffic management plan is adhered to (eg employ security officer).

   CARRIED

   5.4. 249 NEILSON STREET, TE PAPAPA

   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 considered to be adversely affected by the activity.

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

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Southern Isle Properties Limited to construct a mezzanine floor within the existing building for additional bulk storage that:

   • Involves internal works on a site identified on Council records as being potentially subject to soil instability
   • Involves internal works on a site identified on Council records as being potentially subject to contamination
   • Involves bulk storage in the Business 6 zone
   • Involves a shortfall of 19 parking spaces where 85 parking spaces are required
   • Involves an activity within a Defined Road Boundary

   at 249 Neilson Street, Te Papapa described as Lot 1 DP 90441, CT 47D/321 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:

   • Clause 4.3.1.2B (Development Control Modification)
   • Clause 5D.6.1.1 (Land subject to Instability)
   • Clause 5E.7.4.2 (Contamination)
   • Clause 8.6.6 (Business 6 - Objectives and Policies)
   • Clause 8.7.1 (Activities in the Business 6 Zone)
   • Clause 12.8.1.1 (Parking Standards)
   • Clause 12.9.1.1 (Parking Shortfall and Activities in a Defined Road Boundary).

   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 entitled "Resource Consent Application Short Fall in Parking Facilities for Crown Self Storage at 249 Neilson Street, Onehunga" prepared by Steve Gaskin of Thorburn Consultants Ltd, dated 28 February 2007
   • The letter entitled "Resource Consent 249 Neilson Street- LUC20070224401 (HG ref 1020-124904)" prepared by Steve Gaskin, dated 25 May 2007
   • The report entitled "Proposed Additional Storage Units 249 Neilson Street Onehunga" prepared by Bryce Hall of Traffic Planning Consultants Ltd, dated May 2007.

   Main Findings of Fact

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

   • There will be no more than minor adverse effects resulting from the parking shortfall at the site
   • No persons are considered adversely affected by this proposal
   • There are no contamination issues beyond those already addressed as part of the previous consent on the site.

   Reasons for the Decision

   The reasons for this discretionary activity consent are as follows:

   1. The granting of consent to the applicant's proposal will have no more than minor adverse effects on the environment. In particular, the proposal will provide adequate car parking on site and will be in keeping with the surrounding development.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular the on site parking will be sufficient to cater for increased activity at the site.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are avoided or mitigated and that the proposal is undertaken in accordance with the plans provided.
   4. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

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

   Activity in Accordance with Application and Plans

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:  
      • The Assessment of Effects entitled "Resource Consent Application Short Fall in Parking Facilities for Crown Self Storage at 249 Neilson Street, Onehunga" prepared by Steve Gaskin of Thorburn Consultants Ltd, dated 28 February 2007
      • The letter entitled "Resource Consent 249 Neilson Street- LUC20070224401 (HG ref 1020-124904)" prepared by Steve Gaskin, dated 25 May 2007
      • The report entitled "Proposed Additional Storage Units 249 Neilson Street Onehunga" prepared by Bryce Hall of Traffic Planning Consultants Ltd dated May 2007
      • Sheet C01 Rev5 entitled "Existing Warehouse Fit Out 249 Neilson St. Onehunga" prepared by T. Wylie of Thorburn Consultants Ltd, dated January 2007
      • Sheet S01 Rev1 entitled "Ground Floor Plan" prepared by T. Wylie of Thorburn Consultants Ltd, dated August 2006
      • Sheet S02 Rev1 entitled "First Floor Plan" prepared by T. Wylie of Thorburn Consultants Ltd, dated August 2006
      • Sheet S04 Rev1 entitled "Cross Section and Mezzanine Floor Generic Support Details" prepared by S. Gaskin of Thorburn Consultants Ltd, dated August 2006
      • Sheet S06 entitled "North Elevation Roller Shutter Door Details" prepared by T. Wylie of Thorburn Consultants Ltd, dated August 2006

      and referenced by Council as LUC20070224401.

      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.

      Health and Safety

   3. The consent holder shall ensure that procedures contained in the Contingency Plan for the site produced in December 2003 entitled "Proposed Warehouse Addition for 249 Neilson St, Onehunga Public Safety Contingency Plan" are implemented and updated when necessary including maintenance of a hazardous activity register and, a copy of the Contingency Plan is kept on site.

      Carparking

   4. All parking and manoeuvring areas shall be formed, provided with an all weather surface, drained and marked to the satisfaction of the Resource Consent Monitoring Leader prior to construction commencing.

      Earthworks

   5. No earthworks shall be undertaken on this site as part of this resource consent.

   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 consent holder 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 consent holder 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.
   3. The consent holder needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   4. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   5. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   6. If you disagree with any of the above conditions 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.
   7. 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. If further consents are applied for in respect of this development, the contribution amount may be re-calculated at that time.

   Please contact the Development Contributions Team for any queries in this regard.

   CARRIED

   [ATTACHMENT 5.4A]

   5.5. 103 CARLTON GORE ROAD, NEWMARKET

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

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

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

   Pursuant to section 104B of the Resource Management Act 1991, the non-complying activity land use application by Vector Limited to construct a wind turbine on an existing building that:

   Operative District Plan

   • Involves the location of a rooftop wind turbine within the Mixed use zone
   • Involves the provision of a network service, being the wind turbine, located on land not located in the road reserve
   • Requires additions to an existing building in the Mixed Use zone
   • Infringes the 15 metre maximum height control for the Mixed Use zone as the overall height of the building and wind turbine will be 25.5 metres. It is noted that the building has an approved height of 22.8 metres.

   Plan Change 90

   • provides a network utility (i.e wind turbine) that does not meet one or more of the development standards for the zone

   at 103 Carlton Gore Road, described as LOT 2 DP 191560, CT 121B/666 be granted consent.

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for this non-complying 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, 104D and 108 (non-complying activity)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • Clause 4.3.1.2B (Development Control Modification)
   • Clause 4A.4.6 (Network Utility Rules)
   • Clause 8.6.10 (Mixed Use Objectives and Policies)
   • Clause 8.7.7 (Mixed Use Activity Objectives)

   Proposed Plan Change 90

   • Clause 4A.4.12 (Network Utility - Discretionary Activities)

   Principal Issues in Contention

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

   Summary of Evidence

   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 Effects entitled "Resource consent Application - 103 Carlton Gore Road, Newmarket", prepared by Kristen Wood of Connell Wagner Limited, and dated 29 March 2007
   • Memo entitled "103 Carlton Gore Road, Newmarket", prepared by Council's Environmental Health Specialist for Noise, Mr Daniel Winter, dated 25 May 2007
   • Letter entitled "Further information for application for Resource Consent at 103 Carlton Gore Road, Newmarket" prepared by Kristen Wood of Connell Wagner and dated 18 May 2007
   • Plan entitled "the Domain Centre, Building number 2" prepared by ASA Crone Architects and dated June 2007

   Main Findings of Fact

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

   • The scale, form and materials and the location of the proposed alterations and additions (i.e the wind turbine) are appropriate for the Mixed use zoned site and surrounding neighbourhood
   • That there are no adverse effects outside of the site boundaries.
   • The Council's Environmental Health Specialist for Noise has indicated in his memo dated 25 May 2007 that "the effects are likely to be less than minor" because of the low noise level emitted from the wind turbine from a distance of two metres.

   Reasons for the Decision

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

   1. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, the proposal will not dominate the surrounding environment or create a noise nuisance.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities for network utilities, and in particular the proposal is in keeping with the surrounding environment and the visual impact of the wind turbine is mitigated through its location on the existing building.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are avoided, remedied or mitigated, and, in particular, that the proposal is carried out in accordance with the application material submitted.
   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.
   5. The Council's Environmental Health Specialist for Noise has indicated in his memo dated 25 May 2007 that "the effects are likely to be less than minor" because of the low noise level emitted from the wind turbine from a distance of two metres.

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

   Activity in Accordance with Application and Plans

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as
      • Assessment of Effects entitled "Resource consent Application - 103 Carlton Gore Road, Newmarket", prepared by Kristen Wood of Connell Wagner Limited, and dated 29 March 2007
      • Plan entitled "The Domain Centre Building No 2 Roof Plan", prepared by Kristen Wood of Connell Wagner and dated 19 April 2007
      • Letter entitled "Further information for application for Resource Consent at 103 Carlton Gore Road, Newmarket" prepared by Kristen Wood of Connell Wagner and dated 18 May 2007
      • Plan entitled "the Domain Centre, Building number 2" prepared by ASA Crone Architects and dated June 2007

      and referenced by Council as LUC20070271201

      Monitoring

   2. The consent holder shall pay the Council a consent compliance monitoring charge of $187.35 (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 $187.35 (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.

      Colour & Reflectivity

   3. The colour scheme for the wind turbine shall minimise visual impact and reflection of light and be submitted to the Resource Consent Monitoring Leader for approval prior to construction.

   ADVICE NOTES

   1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   2. The consent holder needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   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 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.

   CARRIED

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

   Note:As the vote was 2:2, the Chairman used her casting vote to approve the decision.

   [ATTACHMENT 5.5A]

   5.6. 1169 - 1171 DOMINION ROAD, MT ROSKILL

   DECISION ONE

   That pursuant to section 104B of the Resource Management Act 1991, the notified discretionary activity land use application by New Zealand Fire Service to construct and operate a fire station in the Residential 6b zone that:

   • Infringes the building in relation to boundary control as it applies on the:
     • Northern boundary by a maximum vertical height of 2.4m at one point (being the 100mm balcony screen)
     • Western boundary by a maximum vertical height of 4m at one point (being the hose-drying pole)
     • Southern boundary by a maximum vertical height of 1.75m at one point (being the hose-drying pole)
   • Infringes the maximum building coverage control by 5% or 73m2
   • Infringes the landscaped-permeable coverage control by 11% or 172m2
   • Infringes the paved-impermeable coverage control by 6% or 100m2
   • Infringes the front yard landscaping control by 18% or 37.5m2
   • Involves the removal of six generally protected trees, being four Cypress trees, one Flowering Cherry tree and one Coprosma
   • Involves works within the dripline of generally protected trees being one Coprosma and one Cypress tree
   • Involves earthworks over an area of 1603m2 on a site subject to an average slope of 5%
   • Involves the construction of one crossing greater than the 6m maximum width permitted in the Residential 6b zone

   at 1169 - 1171 Dominion Road, Mt Roskill, described as LOT 53 DP 38218, CT 111B/160 be granted consent.

   Pursuant to section 113 of the Resource Management Act 1991, the matters set out immediately below were taken into consideration in preparing the recommendation with regard to this discretionary activity:

   Relevant Statutory Provisions

   The statutory provisions relevant to the application were:

   • Section 104B as the land use 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 Auckland City Operative District Plan - Isthmus Section was the relevant planning document, and the most relevant provisions were:

   • Rules 4.2.1.3B (Development Control Modification); 4A.2b (Earthworks); 4A.2B (Fire Stations as discretionary activities); 5C.7.3.3C (Tree works) and 12.8.2.2 (Vehicle Access)
   • Assessment Criteria 4A.2B (Earthworks); 7.7.4.2 (General criteria for assessing discretionary activities); 5C.7.3.3C (Tree works) and 12.9.1.2 (Traffic assessment criteria)
   • Objectives and policies; 7.3 (General objectives and policies for Residential zones); and 7.6 (Objectives and policies for the Residential 6 zone).

   Principal Issues in Contention

   The principal issue in contention relates to:

   • The building design, and, in particular, the ease with which it is recognised as a public or civic building.

   Main Findings of Fact

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

   • Some modifications have been made to the design of the building to ensure a more active street frontage, specifically, shifting the northeastern corner of the building 3m closer to the street boundary. This amendment has satisfied the concerns of Council's Urban Designer, Mr Robert Lipka
   • Given the appropriateness of the activity in this locale is not in question, it is considered that the design of the building is secondary to the decision regarding implementation of the fire station activity itself, and, further, all adverse effects can be avoided or mitigated to an acceptable degree.
   • The application was modified post notification and the two submissions have since been withdrawn.

   Reasons for the Decision

   1. Section 104(1)(a) any actual and potential effects on the environment of allowing the activity have been taken into account and it is considered that they will be avoided or mitigated to any acceptable level. In particular:
      • The design of the building is considered to take into account effects on neighbouring properties including amenity, shadowing, dominance and privacy.
      • The activity will be operated in accordance with the noise limits specified for the zone.
      • Sufficient parking is provided to service the proposal and adverse safety effects with respect to the vehicle access and potential pedestrian conflict are considered to be minimal.
      • Adverse effects with respect to construction activities will be reduced to an acceptable level through adherence to a construction management plan, specifically with respect to tree works.
   2. In terms of section 104(1)(b), the development is consistent with the relevant provisions of the plan. In particular:
      • The proposal generally accords with the District Plan Residential 6b zone objectives and policies.
      • The proposal accords with the assessment criteria for a discretionary activity in the Residential 6b zone and criteria relating to traffic matters, tree works and earthworks.
   3. In terms of section 104(1)(c) the following other matters were
      also taken into account:
      • The proposal is considered to be reasonably consistent with the regional planning documents including the regional policy statement and regional plans.
      • The proposal adequately addresses the recommendations of the Urban Design Panel.
      • A development contribution will be levied.
   4. For the reasons set out above, it is considered that the proposal is not contrary to the principles outlined in Part 2 of the Resource Management Act.

   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:
      • New Zealand Fire Service, Mt Roskill Fire Station Development, 1169-1171 Dominion Road, Mount Roskill, Auckland, prepared by Mark Ryall of Incite, dated May 2006
      • NZFS Mt Roskill Fire Station - Urban Design Assessment, prepared by Annette Jones of Beca Carter Hollings & Ferner, dated April 2007
      • Proposed Fire Station 1169-1171 Dominion Road, Mount Roskill, Assessment of Noise Effects, prepared by Nevil Hegley of Hegley Acoustic Consultants, dated May 2006
      • New Zealand Fire Service Commission, Proposed Fire Station, 1169 & 1171 Dominion Road Mt Roskill, Traffic Impact Report, prepared by P.R. Brown and P. Soo, dated May 2006
      • Arboriculture Assessment, Fire Station 1169 &1171 Dominion Road Mt Roskill, prepared by Karl Burgisser of Arborlab, dated 29 November 2006
      • Further Revised Resource Consent Drawings, Proposed New Mount Roskill Fire Station for the New Zealand Fire Service Commission 1169 & 1171 Dominion Road Auckland, prepared by Dr Peter Parkes of Strategic Architecture, dated 8 May 2007, including:
        • Mt Roskill Fire Station New Zealand Fire Service 1169-1171 Dominion RD Auckland
        • Drawing Number 2: 3d View (Ex Grnd)
        • Drawing Number 3: Site Survey
        • Drawing Number 4: Landscape Plan
        • Drawing Number 5: Landscape Sections
        • Drawing Number 6: Site and Floor Plan
        • Drawing Number 7: Elevations
        • Drawing Number 8: Elevations
        • Drawing Number 9: Site Bulk and Location
        • Drawing Number 10: Building Envelope
        • Drawing Number 11: Circulation

      and referenced by Council as LUC20060362401.

      Monitoring

   2. The consent holder shall pay the Council a consent compliance monitoring charge of $1000 (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 (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.

      Construction

   3. Prior to commencement of any works on the site, the consent holder shall submit a Construction Management Plan to the satisfaction of the Council (Resource Consent Monitoring Leader). The Construction Management Plan shall include specific details relating to avoiding, remedying or mitigating adverse effects on the environment of the earthworks, construction and management of all works associated with this development, as follows:
      1. Details of the site manager, including their contact details (phone, facsimile, postal address;
      2. The location of a large noticeboard on the site that clearly identifies the name, telephone number and address for service of the site manager;
      3. Measures to be adopted to maintain the site in a tidy condition in terms of disposal/storage of rubbish, dust control, storage and unloading of building materials and similar construction activities;
      4. Plans to ensure all construction activities and storage shall occur within the boundaries of the property;
      5. Ingress and egress to and from the site for vehicles and construction machinery during site works period;
      6. Proposed location of any wheel-wash facilities;
      7. Proposed numbers and timing of truck movements throughout the day and the proposed routes; and
      8. Proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours).

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

   4. 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.
   5. The demolition, excavation and construction phase of the development shall at all times comply with the following noise limits when measured at or within the nearest property:

      L₁₀ 70dBA L_max 85dBA

      These levels should be measured and assessed in accordance with NZS6803P:1984 Measurement and Assessment of Noise from Construction, Demolition and Maintenance Work, and NZS6801:1991 Measurement of Environmental Sound.

      Earthworks

   6. 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. These measures shall remain in place until the completion of the development.
   7. A wheel-wash or other suitable measures as outlined in Annexure 14 of the Auckland City Operative District Plan 1999 (Isthmus) shall be installed to prevent the depositing of earth on the surrounding streets from vehicles and machinery entering or leaving the site. Any earth deposits on the roadway as a result of the site works shall be immediately cleared by the consent holder at the consent holder's expense.

      Servicing

   8. The consent holder shall be required to confirm the adequacy of the public water supply to provide for fire fighting as required by SNZ PAS 4509:2003. Confirmation shall be provided by the consent holder in the form of a written report from a suitably qualified expert. Any shortfalls in the adequacy of the public supply shall be mitigated by the Consent Holder to the satisfaction of Auckland City Council's Resource Consent Monitoring Leader prior to any occupancy of the building. Alternative acceptable solutions such as sprinklers and storage are detailed in SNZ PAS 4509:2003.
   9. The consent holder shall not collect, store or use any rainwater on the site. Stormwater shall be directed to the existing public infrastructure.

      Licensed Cadastral Surveyors Certificate

   10. The consent holder shall engage a registered surveyor to certify to Council in writing prior to work progressing beyond the foundation and roof framing stage 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 Auckland City 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 Consent Monitoring Leader).

       Trees and Landscaping

   11. The development shall proceed in general accordance with the report and tree protection measures and recommendations of the arborist report by Karl Burgisser of Arborlab Ltd, dated April 2006, except as otherwise stated in the following conditions.
   12. The consent holder shall employ an arborist (appointed arborist) to monitor, direct and supervise all works within the driplines of all protected trees for the duration of the works. All tree work shall be carried out by a competent arborist in accordance with accepted arboricultural practice.
   13. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline of any protected tree covered by this consent are advised of the conditions of consent and act in accordance with the conditions. A copy of the conditions of consent shall be available at all times on the work site.
   14. Council's Resource Consent Monitoring Officer shall be informed of the date of commencement of the works and be invited to attend a pre-start meeting. Five working days' notice shall be given prior to the date of the pre-start meeting.
   15. Prior to works commencing, protective fencing (consisting of 1.8m high, framed, pole mesh fencing panels) shall be erected to isolate and restrict access to the permeable dripline areas within the dripline of the protected trees that are to be retained. The appointed arborist shall direct the installation of protective fencing and monitor the condition of the fencing to ensure effective tree protection for the duration of the works.
   16. All excavations within the dripline of any protected tree shall be under the direct supervision of the appointed arborist.
   17. All excavation works within the dripline of the protected trees shall be carried out in the following manner:
       1. During excavation works any roots encountered measuring 35mm or greater in diameter are to be retained, carefully worked around and protected from damage. All retained roots shall be protected from drying out by a covering of Hessian or similar material which shall be kept damp until the excavated area can be backfilled.
       2. All roots that require cutting shall be cleanly cut back to the edge of excavations with a sharp implement such as a handsaw or a pair of secateurs. The appointed arborist shall only approve the removal of selected tree roots that measure 35mm or more in diameter where he/she is satisfied that the health of the protected trees will not be compromised.
       3. All root pruning that is required shall be undertaken either by the appointed arborist or under the guidance and direction of the appointed arborist.
       4. No machinery that could cause compaction shall be operated within the dripline of any protected tree, unless agreed to by the appointed arborist.
   18. Pruning of all protected trees proposed for retention within the site shall be carried out by a competent arboricultural contractor in accordance with accepted arboricultural pruning methods and practices and be limited to crown lifting to provide clearance for vehicle access and structures.
   19. No equipment or materials associated with the project shall be placed or temporarily stored against the trunk or branches of any protected tree or on the permeable areas within the dripline of any protected tree.
   20. No vehicle, equipment or materials shall be positioned, stored, wheeled or driven within the dripline of any protected tree or tree proposed for retention unless kept on an existing hard, impermeable surface.
   21. No washing of equipment or machinery shall be undertaken within the dripline of any protected tree.
   22. The Flowering Cherry tree, Coprosma tree and four Cypress trees located within the construction zone of the proposed fire station at Nos 1169 - 1171 Dominion Road, Mt Roskill shall be removed to ground level. All tree removal works shall be undertaken by a competent arboricultural contractor in accordance with accepted arboricultural dismantling methods and practices.
   23. Within the next planting season (i.e. Autumn to Spring) immediately following the removal of the six trees growing within the site, the consent holder shall plant at least eight quality specimen trees with a minimum root ball size of Pb95 and a minimum height of 1.5m at the time of planting. The specimen trees shall be planted within the property boundary of Nos 1169 1171 Dominion Road, Mt Roskill and are to be protected and maintained thereafter in correct arboricultural fashion. The replacement trees shall be planted in growing locations that will allow them to develop into their mature shape and size.
   24. All construction works required within the rootzones of the protected trees shall be carried out in general accordance with the arborist report by Karl Burgisser of Arborlab Ltd, dated April 2006, except as otherwise stated below:
       1. In relation to the Cypress tree growing within the neighbouring property north of the site:
          1. All excavations required to allow for the construction of the boundary wall that is within the dripline of the Cypress tree shall be hand-dug with hand-held tools top minimise root disturbance.
       2. In relation to the Coprosma tree growing close to the southwest corner of the site:
          1. The southwest corner of the boundary wall shall be realigned to allow the Coprosma tree to be retained within the site.
          2. All excavations required to allow for the construction of the boundary wall that is within the dripline of the Coprosma tree shall be hand-dug with hand-held tools to minimise root disturbance.
   25. The appointed arborist shall advise Auckland City Council (Resource Consent Monitoring Leader) in writing, of any damage resulting from the works which, in the opinion of the appointed arborist, is likely to result in any significant adverse effect to any part of a protected tree, either immediately or long-term or which has reduced, or will reduce the visual amenity value of the tree. This shall be done within twenty-four (24) hours from the time the event occurred.
   26. Where in the opinion of Auckland City Council's Resource Consent Monitoring Leader, remedial works are required as a result of such damage, all costs associated with the remedial works, including any such works carried out by the Council, shall be met by the consent holder.
   27. The landscaping as detailed on the landscape plan prepared by Strategic Architecture (Drawing Number 4 Landscape Plan) and dated 8 May 2007 shall be implemented within the first planting season following the completion of the works on the site. The landscaping shall be maintained and irrigated thereafter in accordance with a maintenance programme to be submitted to the satisfaction of the Council (Resource Consent Monitoring Leader) within six months of the activity commencing on the site.

       Noise

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

       Monday to Saturday	7.00am to 10.00pm	L10 50dBA
       Sunday and Public Holidays	9.00am to 6.00pm
       At all other times	L10 40 dBA Lmax 75dBA

   29. A noise management plan prepared to the satisfaction of the Council (Resource Consent Monitoring Leader) shall be submitted prior to the activity commencing. This shall detail noise reduction measures to be implemented and shall include measures to ensure compliance with the relevant Auckland City Operative District Plan (Isthmus Section) noise controls and including compliance with the NZS 6803P:1984 "The measurement and assessment of noise construction, maintenance and demolition work."
   30. Prior to the issue of a building consent, the consent holder shall provide certification to the Council (Resource Consent Monitoring Leader) from an experienced acoustical consultant confirming that the acoustic fence has been appropriately designed.

       Review Condition

   31. Pursuant to section 128 of the Resource Management Act 1991, the Council may serve notice on the consent holder of its intention to review condition (1) [specifically the plans prepared by Dr Peter Parkes of Strategic Architecture, dated 8 May 2007and the traffic report prepared by P.R Brown and P. Soo, entitled New Zealand Fire Service Commission, Proposed Fire Station, 1169 & 1171 Dominion Road Mt Roskill, Traffic Impact Report, and dated May 2006] with particular reference to the site egress and ingress of this consent:
       1. upon completion of the road works associated with the implementation of State Highway 20, including the grade-separated interchange area located south of the site ; and
       2. for the purpose of ensuring that the proposed activity can operate safely within the revised traffic environment.

       All costs associated with any review shall be met by the consent holder.

   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 1991, and comply with all relevant Council Bylaws.
   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 Resource Consent Monitoring Leader and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   5. 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.
   6. The consent holder is advised that all necessary consents are required to be obtained from the Auckland Regional Council.
   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. 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.
   9. The 2007 policy comes into force on 1 July 2007. Any applications received after this date will be subject to the amended 2007 development contributions policy and may require further contributions to be made.
   10. The Council's administrative charges for receiving, processing and granting an application or for any specified or additional matter in accordance with section 36 of the Act or any regulation under the Act, or as necessary to enable the Council to recover its actual and reasonable costs in respect of this application, must be paid in full within 14 days of the receipt of the invoice for this decision and this consent shall not be exercised prior to such payment.
   11. If you disagree with any of the above conditions (except any condition that requires the payment of a financial contribution) or with any additional charges relating to the processing of the application, you have a right of objection pursuant to Section 357 of the Resource Management Act 1991 which shall be made in writing to Council within 15 working days of notification of the decision. Council will as soon as practicable consider the objection at a hearing. Pursuant to section 116, the consent will not commence until any appeals or objections have been withdrawn or decided.

   CARRIED

   DECISION TWO

   That the Manager (City Planning) be requested to approach the Auckland District Health Board in relation to concerns over the Board's objections to the reuse of storm water for non potable purposes.

   CARRIED

   [ATTACHMENT 5.6A]

   5.7. 51 TARAWERA TERRACE, ST HELIERS

   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
   • • The adverse effects on the environment of the activity for which consent is sought will be no more than minor
   • • That, pursuant to section 94C, there are no special circumstances to warrant notification.

   Pursuant to section 104B of the Resource Management Act 1991, the non-notified discretionary activity subdivision application by NZ Built for a two lot fee simple subdivision at 51 Tarawera Terrace, St Heliers (Lot 10 DP 49738), described on Auckland City Council Plan Number E5073/13, be granted consent with the following development control infringements:

   • • Infringes the 25% minimum impermeable surface control by 3.15%, or 19.88m2, with 221.12m2 allowed, and 241m2 or 28.15% proposed on Lot 1
   • • The access to Lots 1 and 2 infringes the maximum grade requirements whereby the grade of access shall not be steeper than 1 in 4, driveways terminating on a grade steeper than 1 in 20 prior to the road reserve shall be provided with a 4.0m long platform not steeper than 1 in 20 adjacent to the road boundary. The grade is 1 in 10 for the first four meters from the road frontage and the remaining maximum grade of the driveway is 1 in 5. The turning manoeuvring area on Lot 1 using the existing driveway grade is at 1 in 9

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

   Relevant Statutory Provisions

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

   • • Sections 104, 104B and 108 (discretionary activity)
   • • Section 220 (conditions on a subdivision consent)

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • • Part 7 (Residential Activity)
   • • Part 11 (Subdivisions)

   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:

   • • Application Report prepared by Kardon Consultants Ltd, dated 10 March 2007
   • • Kardon Consultants Ltd Survey Plan, dated Feb 2000, referenced 2417
   • • Flood Assessment Report prepared by Projenz, dated 28 February 2007
   • • GHD Ltd report, dated September 2005, Ref 51/22710, entitled "Retaining Wall for Carport at 51 Tarawera Terrace, Kohimarama
   • • Memo for engineering conditions prepared by Council's Development Engineer Dolly Jack, dated 31 May 2007.

   Main Findings of Fact

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

   • The activity is located within the Residential 2b zone and complies with the minimum lot size and density for that zone
   • The subdivision application is for a discretionary activity
   • The site is suitable for development and subdivision and can be fully serviced
   • The memo from Council's Senior Development Engineer, dated 16 July 2007 states that "the subdivision and creation of a new lot shall not worsen or otherwise result in deterioration of the existing situation on the site" and this can be mitigated by conditions of consent.

   Reasons for the Decision

   1. The granting of consent to the applicant's proposal will have no more than minor adverse effects on the environment. In particular, the proposed subdivision will occur around an existing development and will also create an additional complying allotment. The applicant has also provided evidence that the proposed sites can be adequately serviced according to Council's standards.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular subdivision around the approved development.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are avoided, and, in particular, that the proposal is carried out in accordance with the approved plans and that all necessary stormwater, wastewater connections and access requirements are completed to Council specifications.
   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.
   5. No persons are considered to be affected by the proposal.
   6. The memo from Council's Senior Development Engineer, dated 16 July 2007 states that "the subdivision and creation of a new lot shall not worsen or otherwise result in deterioration of the existing situation on the site", and that "a mitigation device such as stormwater detention tanks shall be installed for the subdivision to reduce peak flows in storms to keep with the current watercourse or public stormwater systems limits".

   Conditions of Consent (section 108)

   Pursuant to sections 108 and 220 of the Resource Management Act 1991, this consent is subject to the following conditions.

   1. That right of way easements labelled 'B' and 'C' on the Auckland City Council Plan Number E5073/13 shall be created and granted or reserved.
   2. That drainage easement(s) shall be created and granted or reserved over any private stormwater drains traversing lots other than those being served or certificates pursuant to section 461 of the Local Government Act and 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 service easement(s) shall be granted or reserved over any private services traversing lots other than those being served.
   4. That a certificate pursuant to section 224(c) of the Resource Management Act will not be issued until conditions 5 to 16 have been met to the satisfaction of the Council and at the owners expense.

      Stormwater and Wastewater

   5. That all necessary pipes and ancillary equipment shall be supplied and laid to ensure the existing house on Lot 1 has separate private stormwater drain and connection to the public drain/open watercourse, or provide "As-Built" drawings to demonstrate they already exist.

      Note: Building Consent will be required for this work.

      Note: A stormwater detention tank will be required if stormwater from the existing development on Lot 1 is not currently discharging to open watercourse or public stormwater system and a new stormwater connection is to be installed.

   6. That all the necessary pipes and ancillary equipment shall be supplied and laid to provide individual stormwater private connection via stormwater detention tank to Lot 2 and it shall be connected to the public stormwater line within the Lot 2 boundary.

      Note: Building Consent will be required for this work.

      Note: The connection shall be marked by a 50mm x 50mm x 1m tanalised painted blue stake on completion and clearly dimensioned on any drainage "As-Built".

      Note: A stormwater detention tank will be required to be installed at the time of the construction of new dwelling on Lot 2.

   7. That all necessary pipes and ancillary equipment shall be supplied and laid to ensure the existing house on Lot 1 has separate private wastewater drain and connection to the public drain, or provide "As-Built" drawings to demonstrate they already exist.

      Note: Building Consent will be required for this work.

   8. That all the necessary pipes and ancillary equipment shall be supplied and laid to provide individual wastewater private connection to Lot 2 and shall be connected to the existing public wastewater line within the Lot 2 boundary.

      Note: Building Consent will be required for this work.

      Note: The connection shall be marked by a 50mm x 50mm x 1m tanalised painted red stake on completion and clearly dimensioned on any drainage "As-Built".

   9. That all the necessary pipes and ancillary equipment shall be supplied and laid to divert the existing private stormwater/wastewater drain of existing house on Lot 1 that crosses Lot 2 clear of the future building platform on that lot.

      Note: A Building Consent will be required for this work.

      Note: The existing connection point to public stormwater/wastewater line shall be removed and capped off.

   10. With respect to conditions (5) - (8) above, the section 224(c) certificate will not be issued until either a Code Compliance certificate has been issued for the work OR a copy of the Auckland City Council's Inspections Officer's sign off on Auckland City Council record system and the drainlayer's signed "as built" drainage plan be provided to confirm that the drainage work has been completed and inspected by Council.

       Construction Works

   11. The consent holder shall replace or strengthen the timber batten fence (150x150 vertical top rail spanning 4.0 metres between 100x100 timber posts) on top of the existing retaining wall to comply with the New Zealand Building Code. A Code Compliance Certificate shall be provided to confirm that the works has been completed and inspected by Council.

       Note: Building Consent will be required for this work.

       Access

   12. In the event that the right of way B and C or street crossing is damaged or otherwise affected by the development works taking place at the proposed development on Lot 2, the ROW and street crossing be reconstructed to Auckland City Council standard. An Engineering Right of Way Approval application including detailed engineering plans and calculations for construction for this ROW work and vehicle permit is required to be submitted and approved prior to the works commencing.

       Consent Notices

   13. That the consent holder shall cause to have registered against the Certificate of Title for Lots 1 and 2 a Consent Notice pursuant to section 221 of the Resource Management Act 1991, to ensure adequate notice is brought to the attention of the owners of the land/prospective purchasers and other interested parties the following continuing conditions:
       1. That a registered engineer experienced in geotechnical engineering familiar with the report by Argo Thompson Ltd dated 23/6/99 and 18/8/99, shall be engaged to design and supervise any further development or structures and/or earthworks within the region identified by the Geotechnical Report(s).
       2. That no concentrated stormwater from roof areas and paved areas and retaining wall shall be discharged on to the slope and shall be collected and discharged via sealed pipes to an approved outlet.
       3. Stormwater runoff from the site shall be disposed of to the public stormwater line/open watercourse via a stormwater detention tank. The on going operation and maintenance of the detention tank shall be the responsibility of the respective Lot owner.
   14. That the consent holder shall cause to have registered against the Certificate of Title for Lot 2 a Consent Notice pursuant to Section 221 of the Resource Management Act 1991, to ensure adequate notice is brought to the attention of the owners of the land/prospective purchasers and other interested parties the following continuing conditions:

       A report prepared by Projenz dated 28 February 2007 concludes that a stormwater overland flow hazard affects Lot 2. No future building or other permanent obstructions shall be placed within the overland flow path. Any new habitable or non-habitable building shall have adequate freeboard above the 2 % AEP and 10 % AEP flood zone levels as detailed in the flood assessment report. All levels are in terms of Lands and Survey Datum.

   15. That the consent holder shall cause to have registered against the Certificate of Title for Lot 1 a Consent Notice pursuant to Section 221 of the Resource Management Act 1991, to ensure adequate notice is brought to the attention of the owners of the land/prospective purchasers and other interested parties of the following condition:

       That, so as the impermeable surfaces (paved areas) as defined in the District Plan requirements does not exceed the current levels, no further paved impermeable surfaces on Lot 1 shall be formed or constructed. Before approval can be given to any future development on this lot that will exceed this limitation, the council will have to agree to vary or cancel this consent notice. This will be in addition to any Resource Consent that may be required for the proposal.

       Landscaping

   16. That a landscaping plan for Lot 1 be submitted to the Council's Team Leader (Compliance Monitoring) which shows adequate mitigation to compensate for the increase in impermeable surface on that Lot.

   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 $54,387.00 inclusive of GST will be payable on this subdivision. 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.

      A credit will be given for the Development Contribution assessed for this subdivision for any Development Contribution payments made under the land use or building consent for the new dwelling relating to this development.

   2. Lots 1-2 will require water meters.  All water supply connections to the Metrowater supply main shall be designed and installed in accordance with Metrowater's "Development and Connection Standards" and be made by a Metrowater approved contractor. For details please contact Metrowater. All dwellings on site are required to have their own separate independent water supply. All water meters shall be positioned at the road frontage boundary.
   3. That any provision being made for telecommunications, power or gas to this subdivision are to be underground and are to be to the requirements of the respective utility services. All these works should not interfere with any permanent works.
   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) 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. 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. Please attach copies of any Code Compliance Certificate(s) for the drainage work(s) or copies of the Auckland City Council Inspections Officer's sign off and drainlayer's signed "As Built" drainage plans with the application for the issue of a certificate pursuant to Section 224(c) of the Resource Management Act 1991 relating to this application.
   7. 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.
   8. That the consent will take all necessary measures to control silt contaminated stormwater at all times during the earthworks and during building development in accordance with Council and/or Auckland Regional Council's requirements. See Annexure 14 of the District Plan.
   9. There are retaining walls that are required to be constructed in conjunction with the proposed development to provide suitable vehicle access and on site manoeuvring. A building consent will be required for any retaining structures related to this matter.
   10. Any engineered fill on Lot 2 will be in accordance with the recommendation and shown in the site plan drawn by Projenz Ltd dated February 2000 drawing no. 0168/C/2.0 prior to construction of new dwelling. The applicant will supply a Completion reports approved by the supervising engineer for the engineering fill works.
   11. Development may involve building over or near a Council Public Drain. A video of the this drain is to be provided to Auckland City Council's Development Engineering team before any building consent will be issued for a building over the drain. Approval to build over the drain may not necessarily be given or specific foundation bridging may be required.
   12. The applicant is advised that there are trees on the property which come within the tree protection rules set out in 5C7.3 of the Operative Auckland City Isthmus District Plan, 1999, 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 Auckland City 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 Operative Auckland City Isthmus District Plan, 1999.

   CARRIED

   [ATTACHMENT 5.7A]

   5.8. 8 KAWAKA STREET AND 9 HOROPITO STREET, MT EDEN

   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 who may be adversely affected by the activity
   • 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
   • There are no special circumstances to warrant notification, as this application fully complies with Rule 11.5.2.6. for new vacant site subdivisions in accordance with the rules of the District Plan.

   CARRIED

   [ATTACHMENT 5.8A]

   5.9. 35 PALMER CRESCENT, MISSION BAY

   Land Use Application

   That, pursuant to sections 93 and 94 of the Resource Management Act 1991, this application be processed with notice.

   Subdivision Application

   That pursuant to sections 93 and 94 of the Resource Management Act 1991, this subdivision application be processed with notice.

   CARRIED

   Note: Cr W A Christian did not speak nor vote on this matter.

   [ATTACHMENT 5.9A]

6. APPOINTMENT OF COMMISSIONERS

   6.1. CARLAW PARK, PARNELL

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioner to hear and determine an application to construct a retirement village on lot 2 of Carlaw Park, Parnell.

      The panel is Ms L McGregor (Chairman), Ms K Ryan, Board Member C Davis (and alternates Ms K Sinclair, Ms T Fordyce 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. REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS

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

   CARRIED

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

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

   CARRIED

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

   That the public be excluded from the following part(s) of the proceedings of this meeting.

   The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

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

   Item no.	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
   C1	21 Reimers Avenue Mt Eden - 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, a majority decision has been made by the Environment Court in support of the Council's decision to refuse consent to the construction of a second residential unit at the rear of an existing villa in the Residential 1 zone. The appellant has 15 working days to appeal this decision to the High Court. 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 2.41 pm.