MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 7 AUGUST 2007 AT 11:03 AM

1. APOLOGIES

   That the apology from Cr C Caughey be received and that the apology for late arrival from Cr G Fryer be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 31 July 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1 PLAN CHANGE 9 TO THE AUCKLAND REGIONAL POLICY STATEMENT.

   That an item regarding officer attendance at mediation relating to Plan Change 9 to the Auckland Regional Policy Statement be considered as extraordinary business at agenda item C3 because the first mediation meeting is scheduled for Monday, 13 August 2007.

   CARRIED

4. SIGNS BYLAW APPLICATIONS

   4.1. 32 MARKET PLACE, AUCKLAND CENTRAL

   That the application by Tabak Ltd for a dispensation from Part 27 (Signs 2007) of the Auckland City Consolidated Bylaw to install street verandah signs at 32 Market Place, Auckland Central described as Lot 4 DP 317103 (CT-67135) & L/HOLD (CT-100656) be approved for the following reasons:

   1. The degree of non-compliance with the bylaw is minor and the signage will meet the objectives of the Bylaw by providing information without detrimentally effecting visual amenity, public convenience or traffic safety.

      This application is approved subject to the following conditions:

      1. The signs shall be erected in accordance with the application prepared by Tabak Ltd and shall be installed on the location of the building as shown on the photomontage prepared by Tabak Ltd, date stamped 27 July 2007, and referenced by Council as LUC20070296501 except that the lettering on the front of the entrance canopy shall read "Tabak Business House" and the lettering on the sides of the entrance canopy shall read "Tabak Business sales".
      2. The Tabak Business signage may remain in place for the life of the Tabak Business tenancy only.

   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 establishment and construction phase of the activity.
   3. The consent holder is requested to notify Council, in writing, of their intention to begin works, prior to commencement. Such notification should be sent to the Team Leader Compliance Monitoring and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   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 approval have been met.
   5. The lighting for the signage is required to comply with clause 27.3.5 of Part 27 (Signs 2007) and Part 13 (Environmental Protection) of the Auckland City Consolidated Bylaw.

   CARRIED

   4.2. 185 FANSHAWE STREET, AUCKLAND CENTRAL

   That the application for a dispensation from Part 27B (Billboards 2007) of the Auckland City Consolidated Bylaw by Air New Zealand Group to apply images of three All Blacks for a temporary period between 27 August 2007 and 28 October 2007 in association with the Rugby World Cup 2007 on the windows of the southern side of the 7 level Air New Zealand Head Office building located on the corner of Fanshawe and Beaumont Streets, Westhaven, as shown on the photomontage (date stamped 26 July 2007) and as described in the information submitted with the application prepared by Bentley & Co Limited be approved for the following reasons:

   1. The proposal is consistent with the objectives and policies of Part 27B of the bylaw.
   2. The proposal is consistent with the assessment criteria of Part 27B of the bylaw relating to urban design and traffic.
   3. The proposed billboard images are not illuminated.
   4. The proposed billboard images are of a temporary nature and relate to an event of significant national public interest.

   The proposal is approved subject to the following conditions:

   1. The billboard images shall not display variable images, flashing or revolving lights or lasers.
   2. There shall be no text attached to the graphic.
   3. Reflective materials shall not be used.
   4. The billboard images shall be removed from the windows of the building by 28 October 2007.

   CARRIED

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

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   There were no Resource Consent applications.

6. APPOINTMENT OF COMMISSIONERS

   6.1. 51-53 ALBERT STREET, AUCKLAND CENTRAL

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to demolish part of the existing building at 51-53 Albert Street, Auckland Central (leaving only the Albert Street character façade) and construct a 46 storey residential tower.

      The panel is Mr G MacFarlane (Chairman), Ms J Hudson and Mr G Falconer (and alternates Mr R Gee (alt Chair), Ms K Ryan and Mr J Hill).

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

   CARRIED

   6.2. 7-9 EDENVALE CRESCENT & 35 VIEW ROAD, MOUNT EDEN

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to redevelop the existing rest home over 7-9 Edenvale Crescent & 35 View Road, Mount Eden, and to use the completed development as a private hospital and rest home. The development would be carried out in two stages.

      The panel is Mr L Simmons  (Chairman), Ms K Sinclair and Cr G Fryer (and alternates Mr C Stewart, Cr F Storer, Board Member L Rae,  and Ms K Ryan).

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

   CARRIED

   6.3. 51A ST LUKES ROAD, ST LUKES

   1. That any four persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine a retrospective application in relation to a 281 unit development where 220 two bedroom units and 61 three bedroom units were approved and 146 of the apartments have now been constructed as three bedroom units. In addition, additional parking has now been created and there is reduced landscaping to what was originally approved.

      The panel is Cr F Storer (Chairman), Cr G Fryer, Cr G A Mulholland and Mr G Falconer (and alternates Cr W A Christian and Board Member C Dempsey).

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

   CARRIED

   6.4. 12 MAIORO STREET, AVONDALE

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to remove one Red Oak tree at 12 Maioro Street, Avondale.

      The panel is Cr T Millar (Chairman), Cr L Leighton and Board Member L Kennaway (and alternates Cr W A Christian, Board Member C McLaren and Board Member D MacDonald).

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

   CARRIED

   6.5. 106-108 ALBERT STREET, AUCKLAND

   1. That any five persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to construct a 67 level building comprising of 259 apartments as well as retail and café activity at 106-108 Albert Street, Auckland Central.

      The panel is Ms L McGregor (Chairman), Ms J Hudson, Mr I Athfield, Cr F Storer and Cr G A Mulholland (and alternates Ms K Ryan, Ms K Sinclair, Cr G Fryer, Cr W A Christian, Ms T Fordyce and Mr A Dormer).

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

   CARRIED

   6.6. 5 KILDARE AVENUE, GLENDOWIE

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to remove one Lombardy Poplar tree at 5 Kildare Avenue, Glendowie.

      The panel is Cr W A Christian (Chairman), Cr L Leighton and Board Member H Stonyer (and alternates Cr N Raffills, Cr T Millar and Board Member H Wallace).

   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	42 Takitimu Street, Orakei	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the council's decision to refuse consent to the proposed additions to an existing residential dwelling in the Residential 6a zone and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.
   C2	Appeal: Env-2007-Akl-000421: The Stone Family Trust v Auckland City Council - 1 & 1A Stokes Road, Mount Eden.	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged by the applicant against the Council's decision to refuse consent for a 68 unit visitor accommodation facility in the Business 2 zone and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7
   C3	Plan Change 9 to the Auckland Regional Policy Statement	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, the Council is a Section 274 party to the Appeal in relation to Plan Change 9: Auckland Regional Policy Statement and is required to attend the Mediation Meeting. The disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7

   CARRIED

   There being no further business the Chairman declared the meeting closed at 12.01 pm.