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Planning Fixtures Committee and Sub-committee
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MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 28 AUGUST 2007 AT 11:01 AM

PRESENT:

Councillors:

Faye

Storer

[Chairman]

 

 

Bill

Christian, JP

 

 

 

Glenda

Fryer

[from 11.02 am, Item 4.1]

[until 12.27 pm, Item 5.3]

[from 12.28 pm, Item 5.3]

 

 

Graeme

Mulholland, JP

[until 12.05 pm, Item 5.2]

[from 12.07 pm, Item 5.2]

  1. Top APOLOGIES

    That the apology from Cr C Caughey, absent on Council business, be received.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 21 August 2007 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top SIGNS BYLAW APPLICATIONS

    4.1. 290 PARNELL ROAD, PARNELL

    That the application by Tournament Parking Limited for a dispensation from Part 27 of the Auckland City Council Consolidated Bylaw (Signs) to establish a freestanding sign, which infringes the following clauses:

    Clause 27.8.1, which states:

    A sign in a residential zone in the Isthmus, may not:

    1. except for signs on dairies, exceed:
      1. 1.0 square metres in Residential 7 and 8 zones.

    Clause 27.5.2., which states:

    No freestanding signs (excluding sandwich boards), tavern signs or flat wall mounted signs mounted above the street verandah (or more than 3 metres above the ground in the absence of a street verandah) shall be used in a special character area.

    In this case, the proposal is for a freestanding with an area of 2.4m² located on a site in a special character area.

    at 290 Parnell Road, Parnell described as Lot 1 DP 328809, CT 117638 be approved for the following reasons:

    1. The sign is consistent with the objectives of the Bylaw.
    2. The sign will have no adverse effects on traffic or pedestrian safety.
    3. The size and location of the sign will not detract from the amenity of the surrounding area.
    4. The sign is generally consistent with the assessment criteria and has a lesser impact than the current un-consented sign on the site.

    This application is approved subject to the following conditions:

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted as part of this application being:
      • The 'Statement of Reason for Dispensation' dated 22nd June 2007
      • The plan referenced 'Parnell Road Car Park, 290 Parnell Road, Signage Dispensation'
      • The email correspondence from James Brown of Tournament Parking, dated 10th August 2007

      and all information referenced by Council as LUC20070444001.

    2. The existing 1.2m wide x 3m high freestanding sign at the front of the site shall be removed within 20 working days from the date of approval of this consent.
    3. That no other freestanding signage be erected along the frontage of the site.
    4. The final content, detail and placement of the sign shall be submitted to, and approved by, Council (Resource Consent Monitoring Leader) prior to the sign being erected.

    ADVICE NOTES

    1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all other relevant Council Bylaws.

    CARRIED

    [ATTACHMENT 4.1A]

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    That Item 5.5 be taken at this point.

    CARRIED

    5.1. 36 DUDLEY ROAD, MISSION BAY

    That consideration of this application to establish two dwellings and remove one protected Pohutukawa tree and create a freehold subdivision at 36 Dudley Road, Mission Bay be deferred to enable the City Heritage Manager (City Planning) to engage with the applicant in order to investigate alternative built forms, including the use of gable roof lines, a reconsideration of the infringements of the development controls relating to height in relation to boundary, lot coverage, and infringement of impermeable surfaces. And further, to provide a more robust landscaping proposal in accordance with the objectives and policies of the Residential 2b zone.

    CARRIED

    [ATTACHMENT 5.1A]

    5.2. 134 PONSONBY ROAD, PONSONBY

    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, there are no special circumstances to warrant notification.

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Stephen Marr to change the use of, and undertake alterations and additions to an existing building, that:

    • Involves the establishment of Retail Premises
    • Involves a shortfall of 24 parking spaces where 30 are required
    • Involves the provision of 6 of the 30 required parking spaces on an adjacent site
    • Involves a shortfall of 1 loading space where 1 loading space is required
    • Involves external additions and alterations to a building located within the Conservation Area of the Ponsonby Centre Plan

    at 134 Ponsonby Road, Ponsonby described as LOT 4 SECTION 68 DP 242, CT 86/241 be granted consent.

    Relevant Statutory Provisions

    The following relevant statutory provisions have been taken into account in the assessment of this application:

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

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    • Clause 8.6.2 (Business 2 Zone Objectives and Policies)
    • Rule 8.7.1 (Activities in the Business 1, 2, 3, 4, 5, 5a & 6 Zones)
    • Clause 8.7.3.2 (Relevant Assessment Criteria)
    • Clause 12.7.1 (Parking Objectives and Policies)
    • Rules 12.8.1.1 & 12.8.1.2 (Parking and Loading Standards)
    • Rule 12.8.1.3 (Assessment and formation of Parking and Loading Areas)
    • Clause 12.9.1.2(c) (Reduction in parking spaces - Assessment Criteria)
    • Appendix B07-88 (Ponsonby Centre Plan)

    With the exception of references to 'entertainment facilities' or the like.

    Principal Issues in Contention

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

    Summary of Evidence

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

    • The Assessment of Effects prepared by Craig Magee of Resource Management Solutions Ltd, dated April 2007
    • The Traffic Impact Assessment prepared by Bryce Hall of Traffic Planning Consultants Ltd, dated March 2007
    • The 'Statement of Architectural Intent' by Hillery Priest Architecture
    • The Traffic Impact Assessment review by Sam Shumane of Shumane Consultancy, dated 18th June 2007
    • The report by Council Heritage Planner, Mike Watson, dated 9th August 2007.

    Main Findings of Fact

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

    • The proposed additions and alterations to the building will be sympathetic with the design and materials of the original building, and will not detract from the existing architectural character, grain or detailing of the building.
    • The traffic generated by the proposed activity will have minor adverse effects on the surrounding road network, and the proposed parking and loading space shortfall will generate no greater adverse effects than the existing situation.
    • The proposed activity is compatible with the existing activities in the surrounding environment, and consistent with the objectives and policies of the Business 2 zone.

    Reasons for the Decision

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

    1. The granting of consent to the application will have no more than minor effects on the environment. In particular, the proposal will have minor streetscape, character, traffic and parking effects with no persons considered to be adversely affected.
    2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and in particular the assessment criteria for retail premises in the Business 2 zone and alterations and additions to buildings in the Ponsonby Centre Plan.
    3. The imposition of the following conditions will ensure that the effects of the granting the application are minor, and in particular that the activity is carried out in accordance with the approved plans, and that potential adverse traffic and parking effects are mitigated.
    4. The application is consistent with the objectives and policies of the district plan and the sustainable management purpose of the Resource Management Act 1991.

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

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as Proposed Hair Salon and Spa at 134 Ponsonby Road, Ponsonby, including the Site plan no. 5848/0101 Revision A dated December 2006 drawn by S Cammick of BCL Surveyors, and the plans prepared by Hillery Priest Architecture, consisting of seven sheets, entitled:
    • RC01 - Floor Plans Existing (dated 29.03.07)
    • RC02C - Ground Floor Proposed (dated 16.07.07)
    • RC03C - First Floor Proposed (dated 16.07.07)
    • RC04b - Ponsonby Road Elevations (dated 26.06.07)
    • RC05a - Richmond Road Existing (26.06.07)
    • RC06a - Richmond Road Proposed (26.06.07)
    • RC07a - Courtyard and Extension (26.06.07)

    With the exception of references to 'entertainment facilities' or the like.

    and referenced by Council as LUC20070237401.

    Monitoring

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

      The consent holder will be advised of any further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Traffic

    2. The existing vehicle crossing on Richmond Road is to be removed with kerb and channel reinstated within one month of the completion of the building alterations. The footpath and kerb shall be re-constructed to match the existing to the satisfaction of Council (Team Leader, Incident Management). All costs shall be met by the consent holder.
    3.  Prior to the retail activity commencing, the consent holder shall enter into a formal agreement (in the form of a lease) with the owner(s) of 130 Ponsonby Road, Lot 1 DP 242 CT 1066/219 confirming that parking, manoeuvring, and access for six vehicles to minimum dimensions of Part 12 of the Auckland City Operative District Plan 1999 (Isthmus) are available on 130 Ponsonby Road for the use of the consent holder exclusively during the operating hours of the activity. Such an agreement shall be prepared by the consent holder at his/her expense and submitted to the Council (Monitoring Leader, Resource Consents), for approval. All costs in relation to Council granting their approval shall be met by the consent holder.

      Should the lease expire, and unless alternative car parking arrangements are made to the satisfaction of the Council (Monitoring Leader, Resource Consents), this resource consent shall cease immediately.

    4. The developed "Staff Travel Plan" be incorporated in the proposed activities' new staff induction programme.

      Heritage

    5. All unpainted masonry shall remain unpainted as original.
    6. A colour scheme for the timber joinery and steel gates shall be submitted and approved by Council (Monitoring Leader - Resource Consents), prior to works commencing on the site.
    7. That the proposal be to the satisfaction of the Council's City Heritage Manager (City Planning).

    ADVICE NOTES

    1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five years after the date of commencement of consent unless, before the consent lapses;
      • the consent is given effect to; or
      • an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
    2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 1991. If a building consent application is already lodged with Council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
    3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    4. The consent holder is requested to notify Council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Team Leader, Compliance Monitoring and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
    5. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to Council within 15 working days of notification of the decision. Council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.
    6. 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

    5.3. 134B PONSONBY ROAD, PONSONBY

    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 are considered to be minor, and
    • Written approval has been given by every person who may be adversely affected by the activity.

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

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Mike Howie to change the use of, and to undertake alterations and additions to, an existing building on the site that:

    • Involves the establishment of a tavern
    • Involves external additions and alterations to a building located within the Conservation Area of the Ponsonby Centre Plan
    • Exceeds the noise limit control set out in Rule 8.8.1.4

    at 134B Ponsonby Road, Ponsonby, described as Lot 4 Section 68 DP 242, CT 86/241 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 relevant statutory provisions have been taken into account in the assessment of this application: Part II and sections 104, 104B, and 108.

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    • Clause 4.3.1.2B (Development Control Modification)
    • Clause 8.6.2 (Business 2 Zone Objectives and Policies)
    • Rule 8.7.1 (Activities in the Business 1, 2, 3, 4, 5, 5a & 6 Zones)
    • Clause 8.7.3.2 (Relevant Assessment Criteria)
    • Clause 8.8.1.4 (Noise)
    • Appendix B07-88 (Ponsonby Centre Plan)

    Principal Issues

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

    Summary of Evidence

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

    • The Assessment of Effects prepared by Craig Magee of Resource Management Solutions Ltd, dated 2nd August 2007
    • The Noise Report prepared by Jon Styles of JP Styles Ltd Environmental Acoustics, dated 17th May 2007
    • The memo from Council's Heritage Planner Mike Watson, dated 10th August 2007
    • The memo from Council's Environmental Health Specialist Jacqueline Ahmu, dated 7th August 2007.

    Main Findings of Fact

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

    • The proposed alterations to the building will have minor streetscape and character effects as the alterations will be consistent with the historic character, scale, proportions and materials of the existing building.
    • The noise level likely to arise from the proposed activity will have no more than minor effects on the environment given the relatively high ambient noise levels in the existing surrounding environment. The proposed conditions will adequately mitigate adverse noise effects and written approvals have been provided from the owners and occupiers of 2 Richmond Road, the only persons considered to be adversely affected by noise effects.
    • The traffic generation likely to result from the proposed activity will have similar effects to the traffic generated by the previous long running use of the building as a café/restaurant.

    Reasons for the Decision

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

    1. The granting of consent to the application has no more than minor effects on the environment. In particular, the proposed alterations will maintain the historic form and character of the existing building, and potential adverse noise effects can be adequately mitigated through conditions.
    2. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and, in particular, the assessment criteria for taverns in the Business 2 zone and the Development Control Modifications.
    3. The imposition of the following conditions will ensure that any potential adverse effects from the proposed activity will be minor, and, in particular, that the proposal will be carried out in accordance with the approved plans, and any potential adverse noise effects generated by the proposal will be mitigated.
    4. The application is consistent with the objectives and policies of the district plan and the sustainable management purpose of the Resource Management Act 1991.

    Conditions of Consent

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

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, with the exception of the references to 4.00 pm opening, being described as '134B Ponsonby Road, Ponsonby, Resource Consent for Mike Howie' and referenced by Council as LUC20060880301.

      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.

      Noise

    3. The activity shall at all times comply with the following levels when measured at or within the site of 2 Richmond Rd:

      Sunday to Wednesday

      7.00 am to 4.00 pm

      L10 50 dBA

      4.00 pm to 11.30 pm

      L10 55dB(A)

      Thursday to Sunday

      7.00 am to 4.00 pm

      L10 50dB(A)

      4.00 pm to 2.00 am

      L10 55dB(A)

      At all other times

      L10 40 dBA

      LMAX 75 dBA, or the background (L95) plus 30 dBA, whichever is the lower
             

      All measurements and assessment shall be in accordance with the requirements of NZS 6801:1991 "Measurement of Sound" and NZS 6802:1991 "Assessment of Environmental Sound". The noise shall be measured with a sound level meter complying at least with the International Standard IEC 651 (1979): Sound Level Meters, Type 1.

    4. The district plan levels outlined below shall be applied to all other sites:

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

      Monday to Saturday

      7.00 am to 10.00 pm

      L10 50 dBA

      Sunday & Public Holidays

      9.00 am to 6.00 pm

      At all other times

      L10 40 dBA

      LMAX 75 dBA, or the background (L95) plus 30 dBA, whichever is the lower

      All measurements and assessment shall be in accordance with the requirements of NZS 6801:1991 "Measurement of Sound" and NZS 6802:1991 "Assessment of Environmental Sound". The noise shall be measured with a sound level meter complying at least with the International Standard IEC 651 (1979): Sound Level Meters, Type 1.

      Within Business 2 zone

      The L10 noise levels measured at or within the boundary of any adjacent site (not held in common ownership) with the same business zoning shall not exceed:

      7.00 am to 10.00 pm

      L10 55 dBA

      10.00 pm to 7.00 am

      L10 45 dBA

      All measurements and assessment shall be in accordance with the requirements of NZS 6801:1991 "Measurement of Sound" and NZS 6802:1991 "Assessment of Environmental Sound". The noise shall be measured with a sound level meter complying at least with the International Standard IEC 651 (1979): Sound Level Meters, Type 1.

    5. All windows and doors are to remain tightly closed when live acoustic music is playing in the main bar.
    6. The use of outdoor courtyard is to be restricted to from 12.00 noon to 11.30 pm Sunday to Wednesday and from 12.00 noon to 2.00 am the following day Thursday to Saturday.
    7. Prior to the outdoor area being used, the consent holder construct along the western boundary an acoustically effective fence to the height of the existing picket fence. A person suitably qualified in acoustics shall design the wall.
    8. There shall be no live or amplified music in the rear courtyard area.
    9. All pre-recorded music shall be at background level only in that it does not interfere with normal speech patterns.
    10. Disposal of empty bottles, cans and general waste into receptacles shall not occur between the hours from 7.00 pm to 7.00 am Monday to Saturday and 7.00 pm to 8.00 am on Sunday and Public Holidays.
    11. The gate leading from the outdoor seating area to Richmond Road shall be closed each evening at 11.30 pm to prevent patrons from congregating on the footpath at this entrance.

    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 Monitoring Leader, Resource Consents (fax: 35- 9186) 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

    5.4. 10-12 OSBORNE STREET, 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 discretionary activity land use application by Hayes Metal Refinery Limited to construct 14 retail units that:

    Operative District Plan

    • Involves the location of an activity on a contaminated site
    • Involves a shortfall of 64 parking spaces where 94 parking spaces are required and 30 are provided
    • Involves a shortfall of one loading space on the site where one is required
    • Involves earthworks over an area greater than 500m² with a average slope of less than 5%

    Proposed Plan Change 196

    • Involves the construction of a new building and external alteration and additions to an existing building in the mixed use zone
    • Involves a parking shortfall of 15 spaces where 45 are required (36 to be for public use) and where 30 are provided ( for staff use)
    • Involves a cycle parking shortfall of 10 spaces where 10 are required.

    at 10 - 16 Osborne Street, Newmarket described as Lot 1 DP 41772 (483m²) - NA 118/1582, Part Allt 15-16, sec 6 Auckland (319m²)- NA985/237, Pt Allt 16, Sec 6 Auckland (319m²) NA 985/228, Lot 1 DP 37209 (316m²) NA26B/1052, Pt Allt 16, Sec 6 Auckland (324m²) NA775/226, Pt Allt 16, Sec 6 (425m²) NA581/243, Pt Allt 16, Sec 6 (569m²) NA581/245, Lot 3 DP 41327 (3m²) NA1104/215 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:

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

    • Clause 5E .7.4.2 (Contamination)
    • Clause 8.6.3 (Business 3 - Objectives and Policies)
    • Clause 8.7.1, 4.3.2.5 & 4A.2 (Earthworks)
    • Clause 12.9.1.1 (Car Parking and Loading Space shortfall)

    Proposed Plan Change 196

    • Clause 8.2.9 (Parking and Cycle Storage)
    • Clause 8.7.1 (New Buildings and External Alterations and Additions)

    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 "Hayes Metal Refineries - Osborne Street, Newmarket" prepared by Richard Falconer of Positive Planning, dated April 2007
    • The report prepared by Traffic Design Group entitled "Hayes Metal Refiners Limited - Retail and Office Development - Cnr Osborne and Teed Street, Newmarket", dated April 2007
    • The memo prepared by Ruben Naidoo of Auckland City Council's Environmental Health, entitled "10-12 Osborne Street, Newmarket: Site Contamination Considerations LUC20070271501", dated 11th June 2007
    • The memo prepared by Nicola Williams of Auckland City Council's Urban Design Team, entitled "Request for Urban Design Comments 10-12 Osborne Street, Newmarket - LUC20060271501", dated 5th June 2007
    • The memo prepared by Sam Shumane of Scon - Shumane Consultancy entitled "10-12 Osborne Street Newmarket, LUC20070271501 - Traffic Impact Assessment Review", dated 6 August 2007.
    • Planning report prepared by Lincoln Lawler of Harrison Grierson Consultants Limited entitled "Report For A Discretionary Activity Land Use Consent Application Under The Resource Management Act 1991 At 10-12 Osborne Street, Newmarket", dated 14 August 2007.

    Main Findings of Fact

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

    • The adverse effects will be minor in extent and will be contained within the site, particularly with regard to contamination
    • The car parking provided on site is considered adequate given it is for staff use. Loading will be undertaken on site if required
    • The site currently has a 75 space shortfall and this is being reduced to a 64 space shortfall as part of this application
    • Further contamination investigations need to be undertaken and appropriate techniques employed for dealing with contamination as outlined as conditions of consent
    • Earthworks will be undertaken in accordance with appropriate silt and sediment control measures.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the applicant's proposal will have minor 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 relative to site contamination, earthworks, car parking and loading space shortfalls.
    3. The imposition of the following conditions will ensure that the adverse effects to be avoided, remedied or mitigated, and in particular that the site is appropriately developed with techniques for dealing with site contamination.
    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 "Hayes Metal Refineries - Osborne Street, Newmarket" prepared by Richard Falconer of Positive Planning, dated April 2007
      • The plans prepared by Construkt entitled " Hayes Metal Refinery Retail Development" labelled Pd(04) rev c, PD (05) rev B, PD (06) rev, PD (07) rev B
      • The report prepared by Traffic Design Group entitled "Hayes Metal Refiners Limited - Retail and Office Development - Cnr Osborne and Teed Street, Newmarket," dated April 2007
      • Letter entitled "Resource consent Application at 10-12 Osborne Street, Newmarket, Ref LUC20070271501 - Request for Additional Information" prepared by Richard falconer of Positive Planning and dated 12 June 2007

      and referenced by Council as LUC20070271501.

      Monitoring

    2. The consent holder shall pay the Council a consent compliance monitoring charge of $824.00 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $824.00 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Contamination

    3. The consent holder shall prior to the commencement of any demolition undertake investigation into the building structure to identify the presence of asbestos, and in the event the presence of asbestos is confirmed the following shall apply:
      • Notify Occupational Safety and Health Services, Department of Labour of the demolition work
      • Provide an Asbestos Management Plan to the satisfaction of Resource Consents Monitoring Leader, Auckland City Environments. 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 protection of site workers and the public.
    4. That the consent holder shall, after the demolition work, but prior to commencement of any excavation or construction works, undertake soil sampling and testing for the proposed work areas in accordance with Guidelines for Assessing and Managing No 5: Site Investigation and Analysis of Soils 2004, and provide a contamination report with soil and groundwater testing results to the satisfaction of the Resource Consents Monitoring Leader, Auckland City Environments.
    5. If the concentrations of the contaminants are found to exceed either (a) the Tier 1 Soil Acceptance Criteria for residential land use and/or for protection of groundwater quality, specified in Guidelines for Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand, Ministry for the Environment, 1999, or (b) The Canadian Coil Quality Guidelines for The Protection of Environmental and Human Health: residential use, Canadian Council of Ministers of the Environment, 2001, the followi8ng two conditions shall apply, Conditions 6 and 7.
    6. That the consent holder shall, prior to the excavation and construction works, submit a remediation action plan and a health and safety plan to the satisfaction of Resource Consents Monitoring Leader, Auckland City Environments, and then undertaken remediation works according to the approved remediation plan, and
    7. The consent holder shall, following completion of remediation works, undertake a validation exercise to confirm the performance of the remediation works and to identify residual contamination at the site and provide satisfaction of the Resource Consents Monitoring Leader a Site Validation Report.

      The Site validation report shall include:

      • Soil test results for the excavated areas
      • Scaled plans (plan and elevation views) showing the location and containment details (if any) of any contaminated materials relocated on the site
      • An on-going monitoring and management plan (if needed)
      • Evidence of disposal of contaminated materials in a licensed facility
    8. That the consent holder shall ensure that all contaminated materials including the asbestos containing materials that require to be removed and disposed off site are disposed in an approved facility.
    9. The consent holder shall, prior to the excavation and removal of any contaminated materials, submit a health and safety plan, to the satisfaction of the Resource Consents Monitoring Leader, for the workers involved in the excavation, providing details of how the effects of the contaminated material will be minimised, in accordance with The Cleanup of Contaminated Sites, Occupational Safety and Health Service, Department of Labour, 1994.
    10. The consent holder shall, at all times control any dust in accordance with the Good Practice for Assessing and Managing the Environmental Effects of Dust Emissions, Ministry for the Environment (2001)

      Earthworks

    11. That the consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems in accordance with the Proposed Auckland City District Plan (Isthmus Section) Annexure 14 Guidelines for sediment control. These measures shall remain in place until the completion of the development.

      Urban Design

    12. That a range of materials for windows, doors and frames and verandah styles should be submitted prior to the construction of the buildings to the satisfaction of the Senior Urban Designer (ACE) in conjunction with the Resource Consents Monitoring Leader.
    13. The paving as indicated on the Plan by Construkt entitled " Hayes Metal refinery - Resource Consent Proposed Ground Floor Plan labelled Pd/04, dated 03/08/07 be undertaken in consultation with the Senior Urban Designer (ACE) in conjunction with the Resource Consents Monitoring Leader.
    14. Five trees be located in planters or planted in ground prior to the occupation of buildings in the car parking area as indicated on the plan by Construkt entitled " Hayes Metal refinery - Resource Consent Proposed Ground Floor" Plan labelled Pd/04 and dated 03/08/07.

      Parking

    15. Signs indicating the use of the car park for staff only, be installed at the vehicle access on Kent Street.
    16. Pedestrian warning buzzers be installed at the Kent Street vehicle crossing prior to the occupation of the building.
    17. No doors to any part of the proposed building are to swing out beyond the boundary of the property.
    18. A judder bar be installed prior to the occupation of the new building works, this is to be located 1.0 metre inside the vehicle access of Kent Street.
    19. All redundant vehicle crossings be reinstated with kerb and channel and footpath to the satisfaction of Resource Consents Monitoring Leader
    20. The streetscape plan including streetlights or any other structures that may be installed within or projected over the road reserve be reviewed and approved by the Resource Consents Monitoring Leader at the building consent stage.

      Construction Management Plan

    21. 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 Consents Monitoring Leader). The Construction Management Plan shall include specific details relating to avoiding, remedying or mitigating adverse effects on the environment of the demolition, earthworks, construction and management of all works associated with this development as follows:
      1. Details of the site manager, including their contact details (phone, fascimile, 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, storage and unloading of building materials and similar construction activities
      4. Ingress and egress to and from the site for vehicles and construction machinery during site works period
      5. Proposed location of any wheel-wash facilities
      6. Proposed numbers and timing of truck movements throughout the day and the proposed routes
      7. 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 demolition and construction period.

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

      Traffic Management Plan

    23. Prior to the commencement of any demolition/construction on the site, the consent holder shall submit a Traffic Management Plan to the satisfaction of the Council (Resource consent monitoring leader). The Traffic Management Plan shall include, and not be limited to, specific details relating to avoiding, remedying or mitigating adverse effects on the environment and management of all works associated with this development as follows:
      1. Ingress and egress to and from the site for vehicles and construction machinery during site works period.
      2. Proposed numbers and timing of truck movements throughout the day and proposed routes.
      3. Proposed numbers and timing of truck movements throughout the day including identification of heavy vehicle routes which avoid residential streets.
      4. Procedures for managing construction traffic.

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Traffic Management Plan shall be implemented and maintained throughout the entire demolition and earthwork period, and updated with each ensuing Building consent application.

    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 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 Resource Consents - Monitoring Leader (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. The documents mentioned above in conditions 3 - 10, inclusive, should be prepared according to the Contaminated Land Management Guidelines No 1: Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, 2003.
    7. It is advised that the consent holder discuss the streetscape plan with Auckland City at the early stages of design to ensure that the type of streetlights or any other structures can be agreed on before detailed design is complete.

    CARRIED

    [ATTACHMENT 5.4A]

    5.5. 71, 65 AND 59 LUNN AVENUE, MOUNT WELLINGTON

    That, pursuant to section 93 of the Resource Management Act 1991, this application by Greenstone Group to change condition (1) of resource consent LUC20060624501 at 71, 65 and 59 Lunn Avenue, Mount Wellington be publicly notified.

    CARRIED

    Note: Cr W A Christian requested that his vote against the decision be recorded.

    5.6. 12-18 NGAIO STREET, ORAKEI

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

    That, pursuant to section 94 of the Resource Management Act 1991, notice of this application will be served on the owners and occupiers of the following properties unless their written approval is provided to the Council:

    CARRIED

    [ATTACHMENT 5.6A]

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1 10A HARBOUR VIEW ROAD, POINT CHEVALIER
    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 Kermadec Pohutukawa tree at 10A Harbour View Road, Point Chevalier.

      The panel is Cr G Fryer (Chairman), Cr C Casey and Board Member G Easte (and alternates Board Member C McLaren, Board Member K Carter and Cr W A Christian).

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

    CARRIED

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

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

    CARRIED

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

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

    CARRIED

    There being no further business the Chairman declared the meeting closed at 1.18 pm.