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

MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 4 SEPTEMBER 2007 AT 11.02 AM

PRESENT:

Councillors:

Faye

Storer

[Chairman]

Bill

Christian, JP

[until 12.12 pm, Item 7]

Glenda

Fryer

[until 11.54 am, Item 5.2]

[from 11.55 am, Item 5.2]

Graeme

Mulholland, JP

  1. Top APOLOGIES

    That the apology from Cr C Caughey be received.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 28 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. 89 GAVIN STREET, ELLERSLIE

    That the application by Algorithm Enterprises Ltd for a retrospective dispensation from Part 27B of the Auckland City Council Consolidated Bylaw (Billboard Signs) 2007 to continue using three wall mounted billboard signs which infringe the following clauses:

    • Clause 27B.1.3.J: as the proposal involves three billboards with a total area of 180m²
    • Clause 27B.1.4: as the proposal involves three billboards along the same building façade

    at 89 Gavin Street, Ellerslie, described as LOT 1 DP 167089 & LOT 1 DP 169584, CT 101B/723, be approved for the following reasons:

    1. The billboard signs satisfy the criteria of the Billboard Bylaw and are not contrary to the objectives of the Billboard Bylaw.
    2. The billboard signs will not result in an adverse effect on traffic safety or visual amenity of the surrounding environment.
    3. The three billboard signs are not freestanding, are contained within the existing building outline and will cover only 23% of the very large building wall on which they are located.

    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:
      • Elevation Plan and Photo Montage prepared by Louise West and dated August 2007

      and all information referenced by Council as LUC20070299101.

    2. This exemption shall expire six months after the date of the approval of the exemption, unless the sign (the sign structure and an advertising image) has been erected in accordance with the approved plans before the end of that period.

    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]

    4.2. 2 MONTROSE STREET, POINT CHEVALIER

    That the application by Oggi Advertising Limited for an exemption from Part 27B (2007) of the Auckland City Council Consolidated Bylaw to replace three existing billboards with one larger billboard (12m x 4m) located in the Special Purpose 2 zone at 2 Montrose Street, Point Chevalier, described as LOTS 1 2 DP 49912 LOTS 100-105 DP 348 ALLOTS 358 359 TIT PARISH PT LOT 1 DP 2093, CT 3D/1130, be declined for the following reasons:

    1. The billboard sign is not consistent with the objectives of the Bylaw.
    2. The billboard sign will be unsympathetic to the visual amenity of the site and surrounding area.
    3. The billboard sign (12m x 4m) will dominate the school's southern landscaping strip and is not in keeping with the appearance or function of the school.
    4. The billboard sign represents an encroachment of commercial activity on an area provided for educational/residential activity.
    5. Consent has previously been granted for a dispensation to erect one 6m x 3m billboard sign on the site in a similar position.

    CARRIED

  5. Top RESOURCE CONSENT APPLICATIONS AND OTHERS

    5.1. 107-119 GREAT NORTH ROAD, GREY LYNN

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

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

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

    Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by Beyond Investments Limited to construct a mixed-use development which:

    • Involves the construction of a new building within the Mixed Use Zone (Rule 8.7.1)
    • Involves outdoor eating areas of 196m2 (Rule 8.7.1)
    • Involves earthworks over an area of 2,139m2 and in an area with an average gradient of 14% and of 4,550m3 in volume (Rules 4A.2 and 8.7.7)
    • Infringes the maximum height control by 4.2 metres at the location of the lift tower overrun (Rule 8.8.10.1)
    • Infringes the maximum floor area ratio control by 236m2 (Rule 8.8.10.2)
    • Involves a ramp gradient of 1:7.75 (Rule 12.8.2.1(c))
    • Involves three vehicle crossings and a total width of crossings of 18 metres (Rule 12.8.2.2)
    • Involves development within a Defined Road Boundary (Rule 12.8.2.3)
    • Involves provision of 165 parking spaces (Rule 12.9.1.1A)

    at 107-119 Great North Road, Grey Lynn, described as Pt Lot 7 DP 242 (NA97/130), Lot 6 Sec 4 DP 242 (NA61D/231), Lot 5 Sec 4 DP242 (NA46/23), Lot 4 DP 242 (NA36/97), Lot 3 DP 242 (NA42/32), be granted consent.

    Relevant Statutory Provisions

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

    • Sections 104, 104A and 108 (controlled activity)
    • Sections 104, 104C and 108 (restricted discretionary activity)
    • Sections 104, 104B and 108 (discretionary activity)

    Relevant Plan Provisions

    The relevant planning documents considered were: Auckland City District Plan (Isthmus Section) 1999, and, in particular, the following:

    • Clause 4.3.1.2b (Development Control Modification),
    • Clause 4.3.2.6 (Restricted Discretionary Activities)
    • Clause 4A.2 (Earthworks)
    • Clause 8.7.7 (Activities in the Mixed Use zone)
    • Clause 8.8.10 (Development Controls)
    • Clause 12.8.2.1 (Access to sites)
    • Clause 12.8.2.2 (Access To Sites)
    • Clause 12.8.2.3 (Defined Road Boundary)
    • Clause 12.9.1.1 (Parking)
    • Business Activity Objective 8.6.10 And Associated Policies

    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, the Council has considered the following information and specialist reports:

    Applicant

    • The Assessment of Environmental Effects prepared by Harrison Grierson Consultants Limited, dated March 2007 (reference 1020-123877-01)
    • Letters from Harrison Grierson Consultants Limited dated 10 April 2007, 8 May 2007, 5 June 2007, 12 July 2007, 18 June 2007, 27 June 2007
    • Letter from Warren and Mahoney dated 28 June 2007
    • The Earthworks Management Plan prepared by Harrison Grierson Consultants Limited, dated 25 June 2007 (reference 1020-123877-01)
    • The Design Statement, Application Plans (including Artists Impressions) and Shadowing Diagrams prepared by Warren & Mahoney Architects (Sheets 3 to 14) and Demolition Plan (Sheets 1 -3 dated 14 June 2007)
    • The Traffic Impact Assessment prepared by Flow Transportation Specialists Limited, dated 6 March 2007 and subsequent information dated 14 June and 26 June 2007
    • The Infrastructure Report, prepared by Harrison Grierson Consultants Limited, dated March 2007 (reference 1020-123877-01) and Stormwater Calculations dated 25 June 2007.

    Council Specialist Reviews

    • The Urban Design Panel memorandum, dated 12 February 2007 (provided by the applicant)
    • The traffic engineering review, prepared by Mr Sam Shumane (Shumane Consultancy), dated 10 July and 18 July 2007
    • The development engineering review by Mr Scott Paton dated 6 August 2007
    • The arborist review dated 6 June 2007 by Mr Bruce Edwards, and subsequent verbal comments received on 19 July 2007
    • The urban design review dated 6 July 2007, prepared by Mr Robert Lipka.

    Main Findings of Fact

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

    • The proposed development is of an appropriate scale and is consistent with the anticipated urban design outcomes for the locality.
    • The proposal provides an appropriate number of parking spaces on site, and any additional traffic movements are not considered to affect the safe and efficient operation of the adjacent road network.
    • The proposed vehicle crossing arrangements will not adversely affect pedestrian or vehicular safety.
    • The proposal can be accommodated by existing infrastructural networks, subject to an upgrade to stormwater infrastructure at the applicant's cost.
    • The proposal will be consistent with the relevant assessment criteria and the objectives and policies of the District Plan.

    Reasons for the Decision

    The reasons for this discretionary activity consent are as follows:

    1. The granting of consent to the application will have no more than minor adverse effects on the environment. In particular, the proposed development will be appropriate in urban design terms to this commercial and light industrial locality, and can be accommodated within the existing roading network and local infrastructure.
    2. The granting of consent to the application is consistent with the relevant assessment criteria for controlled, restricted discretionary and discretionary activities, and, in particular, those relating to developments within the Mixed Use zone.
    3. The imposition of the following conditions will ensure that the effects of granting the application are mitigated, and, in particular, that the proposal is carried out in accordance with the application material and plans submitted.
    4. The proposal is considered to be 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 activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      1. The Assessment of Environmental Effects prepared by Harrison Grierson Consultants Limited, dated March 2007 (reference 1020-123877-01)
      2. Letters from Harrison Grierson Consultants Limited dated 10 April 2007, 8 May 2007, 5 June 2007, 12 July 2007, 18 June 2007 and 27 June 2007
      3. Letter from Warren and Mahoney dated 28 June 2007 (including the Carpark Lighting details - letter from Babbage Consultants Limited dated 27 June 2007)
      4. The Earthworks Management Plan prepared by Harrison Grierson Consultants Limited, dated 25 June 2007 (reference 1020-123877-01)
      5. The Application Plans prepared by Warren & Mahoney Architects, as follows (and including a minimum ground floor level of RL 66.8m):
        • Sheet 3 dated 31 July 2007 (Issue K)
        • Sheet 3A dated 22 June 2007 (Issue H)
        • Sheets 4 - 9 dated 31 July 2007 (Issue H)
        • Sheet 10 dated 31 July 2007 (Issue J)
        • Sheet 11 dated 31 July 2007 (Issue K)
        • Sheets 12 and 13 dated 2 July 2007 (Issue F)
        • Sheet 14 (front section plan, unreferenced)
      6. The Demolition Plans prepared by Warren & Mahoney Architects, being Sheets 1-3, dated 14 June 2007
      7. The Traffic Impact Assessment prepared by Flow Transportation Specialists Limited, dated 6 March 2007 and further information dated 14 June and 26 June 2007
      8. The Infrastructure Report, prepared by Harrison Grierson Consultants Limited, dated March 2007 (reference 1020-123877-01) and Stormwater Calculations dated 25 June 2007

      all referenced by the Council as LUC20070178601.

      Amalgamation of Titles

    2. Prior to the occupation of the building, the five titles for the property (NA97/130, NA61D/231, NA46/23, NA36/97 and NA42/32) shall be held together as one site in such a way that they cannot be disposed of independently without the prior consent of the Council. Written confirmation thereof shall be provided to the Resource Consents Monitoring Leader.

      Street Trees

    3. The existing street tree located in the Great North Road road reserve adjacent to the proposed development shall be subject to protective measures as set out below, prior to any development works within the site:
      1. The erection of a protective temporary fence.
      2. The protective fence shall be constructed of solid plywood to a minimum height of 1.8 metres. The positioning of the fencing shall be to the satisfaction of the Arts, Community and Recreation Services (ACR Services) and shall remain in place for the duration of the construction phase of the development.
      3. In the event of any damage caused to the street tree, the applicant, at its cost, shall plant a replacement street tree, size pb95, to the satisfaction of the Resource Consents Monitoring Leader.
    4. Two new street trees shall be planted by the applicant, at its cost, in the Mackelvie Street road reserve and one new street tree shall be planted by the applicant, at its cost, in the Great North Road road reserve, with the ongoing maintenance of the trees to be the responsibility of ACR Services.

      Construction

    5. Prior to commencement of any works on the site, the consent holder shall submit for approval by the Manager, Traffic and Asset Operation, a construction traffic management plan that shall include specific details relating to vehicle and pedestrian movements and safety during the demolition, construction and management of all works associated with this development, and include:
      1. Any means, such as a restriction on the size of construction vehicles and machinery accessing the site, required to ensure that no damage occurs to street trees throughout the construction period.
      2. Measures to be adopted to ensure that pedestrian access past the site on the public footpaths is safe and not obstructed during construction works.
      3. Proposed numbers and timing of truck movements throughout the day and the proposed routes.
      4. Location of vehicle and construction machinery access during the period of site works.
      5. Measures to ensure that loading and unloading of vehicles is undertaken on site at all times at that no reverse manoeuvring occurs off site.
      6. Vehicle parking for site workers and sub-contractors to be provided on site.

      The approved Construction Traffic Management Plan shall be implemented and maintained throughout the entire demolition and construction period.

    6. All perimeter retaining walls shall be installed prior to bulk excavation.
    7. A Chartered Professional Engineer (with experience of geotechnics) shall inspect any pile holes or footings for retaining walls or foundations - including pits excavated to support wall props.
    8. All temporary excavations (except those in rock), shall be limited to an open face of not more than 3m (three metres) horizontal distance at any one time and shall be limited to an unsupported gradient of 1 vertical to 2 horizontal unless designed by a Chartered Professional Engineer to achieve a Factor of Safety against instability of 1.5 under all groundwater conditions.
    9. All excavated material is to be removed from site and disposed of at a Council approved tip.
    10. No blasting shall be permitted during the excavation at this site.
    11. Excavations in exposed ground shall be protected from the detrimental effects of weathering e.g. by the use of polythene, base course or other similar methods. Alternatively provision should be made for a Chartered Professional Engineer (with experience of geotechnics), to determine the depth of material that has become damaged due to the weather that needs to be removed.
    12. Prior to commencement of any works on the site, the consent holder shall provide to the Resource Consents Monitoring Leader a site management plan that shall include specific details relating to the demolition, construction and management of all works associated with this development, and include:
      1. Details of the site manager, including their contact details (phone, facsimile, postal address). A telephone number for after hours emergencies shall also be supplied
      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. The site address to which the consent relates
      4. Any means, such as a restriction on the size of construction vehicles and machinery accessing the site, required to ensure that no damage occurs to trees on site or adjacent to the site, throughout the construction period
      5. Any means of protection of services such as pipes and water mains within the legal road
      6. 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
      7. Location of workers conveniences (e.g. portaloos)
      8. Ingress and egress to and from the site for vehicles during site works period
      9. Any restrictions to vehicle access to the site
      10. Procedures for controlling sediment run off, dust and the removal of soil, debris and construction materials from public roads or places (including identifying the location of wheel wash facilities)
      11. Proposed hours of work on the site
      12. Location of vehicle and construction machinery access during the period of site works

      The approved Site Management Plan shall be implemented and maintained throughout the entire period of the works.

    13. All stormwater from any new hard surfaces (roofs, patios, driveways etc), and any groundwater collected from behind retaining walls, shall be collected and disposed of to an appropriate reticulated or otherwise Council approved system.
    14. All storage of materials and loading and unloading of equipment associated with the site works shall take place within the site boundaries.
    15. Safe and clear pedestrian access and thoroughfare shall be maintained on all roads and footpaths adjacent to the site at all times.
    16. All demolition 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 work shall occur on Sundays or public holidays. The intent of this condition is to ensure that residential amenity is maintained for the surrounding neighbours.
    17. If construction differs from the approved Building Consent Plans, the applicant shall supply the Council with As-built drawings approved by the supervising engineer for the works prior to applying for the compliance certificate.

      Earthworks

    18. Silt control shall be in accordance with the Harrison Grierson Consultants Limited report, dated 9 March 2007 (refer condition 1)(d)).

      Urban Design

    19. The consent holder shall provide a final set of plans indicating existing and proposed servicing for the building (i.e. vents, transformers, water meters, electric meters, etc) to the Resource Consents Monitoring Leader for approval prior to the start of construction.
    20. The consent holder shall provide a Lighting Plan to the approval of the Resource Consents Monitoring Leader prior to the start of construction showing the location of the proposed lighting, including the style, colour, height and size proposed.
    21. The applicant shall ensure that, where possible, the continuity of the footpaths is maintained across all proposed driveways to help signal pedestrian priority over vehicles at these locations.

      Traffic and Parking

    22. All parking spaces within the proposed building shall be allocated to businesses operating within the building or shall be allocated to customers, clients and visitors of these businesses, to the satisfaction of the Resource Consents Monitoring Leader.
    23. The walls separating the ground-mezzanine ramp from the parking areas shall be open on both levels.
    24. Mirrors shall be installed at all blind turning corners on all parking levels.
    25. Pedestrian warning devices shall be installed on all three access points.

      Monitoring

    26. The consent holder shall pay to the Council a consent compliance monitoring charge of $542.75 (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.

    ADVICE NOTES

    General

    1. 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 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. 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.
    2. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
    3. 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 shall be sent to the Resource Consent Monitoring Leader and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
    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 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.
    5. If this resource consent and its conditions alter or affect a building consent that has been previously approved for this project, you are advised that a new building consent may be required.

      Objection Rights

    6. 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 357A of the Resource Management Act 1991 and 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. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.

      Expiry of Consent

    7. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire 5 years after the date of commencement of this 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.

      Parking and Traffic

    8. Parking spaces on the mezzanine level are recommended as being more appropriate to use by staff of the ground floor activities.
    9. A time limit restriction on the ground level (customers) is considered to be a reasonable measure to maintain an appropriate level of parking turn-over.
    10. The staff travel management plan prepared by Flow Transportation Specialists and dated 26 June 2007 is recommended to be provided to all tenants and be incorporated into all new staff induction programmes within the building.

      Infrastructure

    11. The Consent Holder shall be advised of Council's requirements outlined in Metrowater Development and Connection Standards issued Feb 2005, particularly the requirements for:
      • On - site separation of private drainage reticulation
      • Clearance requirements for works in relation to Public Services
      • Protection of services in relation to construction activities
      • Water supply connections

      Details shall be provided with the building consent application.

    12. Network utility charges may be applied by Metrowater upon applications for new meters.
    13. The consent Holder shall implement dust control throughout the earthworks stage of the development to minimise dust drift to adjacent properties.
    14. The Consent Holder shall be advised that further requirements may be imposed with respect to accessways/drives and servicing with any subsequent subdivision, cross lease or unit titles applications.
    15. Extensions or alterations to the public infrastructure shall be submitted to, and approved by Auckland City Environments prior to a building consent being issued.

      Development Contributions

    16. 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

    5.2. 1 BAXTER STREET, MOUNT ROSKILL (ALSO 2, 3, 4, 6, 8 BAXTER STREET AND 10, 12 AND 18 BREMNER AVENUE)

    LAND USE APPLICATION

    That pursuant to section 94(2) of the Resource Management Act 1991, this application be processed on a non-notified basis as:

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

    SUBDIVISION APPLICATION

    That pursuant to section 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 land use infringements arising from the subdivision are a result of the creation of new boundaries within the site, and the adverse effects on the environment of the activity for which consent is sought will be minor and limited to the subject site.
    • There are no special circumstances to warrant notification.

    LAND USE

    Pursuant to section 104B of the Resource Management Act 1991, the non-notified non-complying activity land use application by Fairway Homes and Housing New Zealand Ltd to construct nine dwellings, relocate two dwellings and utilise four existing dwellings as part of a 15 lot subdivision that:

    • Involves the removal of seven generally protected trees, namely, a large Magnolia grandiflora, camellia, and bottlebrush (located on Lot 4), a Cypress tree and pine tree (located within Lot 12) and two Prunus trees (located on Lot 14)
    • Infringes the density control in Area One, which will result in a density of 1:374.33m² where 1:375m² is required
    • Involves earthworks with an area greater than 250m2 on an area with an average slope more than 5%
    • Involves works within the dripline of two casuarina trees and one Norfolk Island Pine
    • Involves the construction of four or more residential units
    • Infringes the private open space requirement on Lots 3 and 14 as no six metre diameter circle is provided
    • Infringes the required 100m² of private open space on Lot 2 by 57m², on Lot 4 by 9m², on Lot 6 by 38m² and on Lot 16 by 51m².

    at 1, 2, 3, 4, 5, 6, 8 Baxter Street and 10, 12 and 18 Bremner Avenue, Mount Roskill, described as LOT 102 DP 38221, CT 1044/196; LOT 109A DP 49963, CT 49A/1408; LOT 103 DP 38221, CT 49A/1401; LOT 109B DP 49963, CT 49A/1409; LOT 108 DP 38221, CT 20B/1385; LOT 107 DP 38221, CT 49A/1405; LOT 1 DP 195878, CT 124D/993; LOT 2 DP 195878, CT 124D/994; LOT 100 DP 38221, CT 49A/1399, be granted consent.

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

    Relevant Statutory Provisions

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

    • Part II and Sections 104, 104B, 104D, 108

    Relevant Plan Provisions

    The relevant planning documents considered were:

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

    • Clause 4.3.1.2B (Development Control Modification)
    • Clause 7.7.1: Activities
    • Clause 7.6.6: Objective
    • Clause 7.3.2: Objective
    • Clause 4A.2 Earthworks
    • Appendix 10: The Residential Design Guide for Developments in Residential Zones in Specified Growth Areas
    • Objective 7.3.1: Objective
    • Objective 7.3.3: Objective
    • Clause 5C.7.3.3C: General Tree Protection
    • Clause 7.7.4.2: General criteria for assessing 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:

    • The Assessment of Effects prepared by Mike Stott of Lysaght Consultants Ltd, updated 2 July 2007
    • The engineering reports by Jeff Wedgwood and Greg Shaw of Geotech Professionals Ltd, Plans and Calcs, dated 11 October 2004
    • The tree assessment by Karl Burgisser of Arborlab Consultancy Services Limited, dated 30th August 2006
    • The Mitigation Planting Specifications (Draft Copy Only) by Karl Burgisser of Arborlab Consultancy Services Limited, dated 23rd March 2007
    • The memo prepared by Gary Clarke, Council's Development Engineer, dated 11th December 2006
    • The preliminary memo prepared by Peter Hearn, Council's Urban Designer
    • The memo prepared by Robert Lipka, Council's Senior Urban Designer, dated 7th December 2006
    • The memo prepared by Paul Hansen, Council's Arborist, dated 13th June 2007.

    Main Findings of Fact

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

    • The proposed works will provide for a range of dwelling sizes and will not be contrary to the objectives and policies of the Residential 6 zone
    • The adverse effects are limited to the subject sites
    • In particular, the visual impact on the streetscape will not have more than minor effects on the amenity and built environment of the locality
    • The protected trees to be removed can be mitigated by replacement planting
    • The potential for adverse effects as a result of the project will be adequately mitigated by the proposed conditions of consent.

    Reasons for the Decision

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

    1. The proposal will provide for six additional lots and dwellings within the subject sites without compromising the overall amenity and character of the surrounding area. The granting of consent to the applicant's proposal will have minor effects on the environment. In particular, the proposal will have minor adverse streetscape amenity, built character, dominance and shadowing, earthworks, trees and vegetation, privacy, run-off and capacity, noise, traffic/parking, and short-term construction effects.
    2. The imposition of the following conditions will ensure that the effects of the applicant's proposal are no more than minor, and, in particular, that work is undertaken in accordance with the approved plans and acceptable arboricultural and earthworks practices.
    3. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

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

    Activity in Accordance with Application and Plans

    1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:

      Application Plans entitled 'Housing New Zealand Baxter St and Bremner Avenue, Mount Roskill' and labelled:

      • Proposed Site Layout, by Classic Builders;
      • Photographs, Drawing Number A-02;
      • Photographs, Drawing Number A-03;
      • Photographs, Drawing Number A-04;
      • Existing Site Plan by Lysaght Consultants Ltd, Drawing Number 041212-1;
      • Proposed Subdivision Plan and Building Layout, Drawing Number 041212-2;
      • Site Plan, Drawing Number A-01;
      • Landscape Concept Plan, by Isthmus Group, Project Number T1404, date 27/06/07;
      • Fencing Design Plan, Project Number T1404, date 27/06/07;
      • Application Plans titled 'Fairway Homes (NZ) Ltd' and labelled:
      • Lot 1 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Elevations, Drawing Number 03;
      • Lot 2 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 3 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 4 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 10 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 11 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 12 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 13 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 14 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • Lot 15 - Baxter Ave/Bremner Ave Mt Roskill, Auckland
        • Site and Drainage, Drawing Number 01;
        • Floor Plan, Drawing Number 02;
        • Elevations, Drawing Number 03;
      • All referenced by Council as LUC20060161601.

      Monitoring

    2. The consent holder shall pay the Council a consent compliance monitoring charge of $542.75 (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 $542.75 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Noise

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

      Monday - Friday7.30 am to 6.00 pm

      Saturday 8.00am - 1.00 pm

      No construction is to take place at any other times.

      Surveyors Certificate

    5. The consent holder shall engage a Licensed Cadastral Surveyor to certify to Council, in writing, that the building in relation to boundary controls on the south and west boundaries of Lot 6 and internal boundaries, prior to work progressing beyond the roof framing stages that either:
      1. work completed to this stage is in accordance with the levels and dimensions on approved plans; OR
      2. there are differences to approved plans in levels and dimensions of work completed to this stage, but the differences do not breach the Operative District Plan (Isthmus Section), provided that what remains to be built beyond this stage will be built in accordance with approved plans.

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

      Tree work

    6. Prior to works commencing there shall be a pre-commencement meeting on site with the consent holder, the project manager/site foreman and the author of the Arborlab Company's arboricultural report. Following the conclusion of the meeting, a copy of the meeting notes shall be forwarded to the Resource Consents Monitoring Leader, for information. This meeting shall discuss the proposed work, how it is to be done, conditions of consent, tree protection and protective fencing requirements and installation.
    7. All tree work shall be carried out by a competent arborist in accordance with accepted arboricultural practice.
    8. All excavations within the dripline of any protected tree or tree to be retained shall be under the direct supervision of the Consent Holder's arborist.
    9. Prior to work starting on site, there shall be a temporary protective fence constructed around the driplines of all trees to be retained.
    10. The protective fencing shall be self-supporting, 1.8m high, of solid construction and securely anchored in place.
    11. Within the protective fencing, there shall be no storage of product, materials, spoil or machinery.
    12. The protective fencing is to be retained and maintained by the project manager until the end of work on the site.
    13. The Council approved arborist shall submit a brief end of project arboricultural report to the Resource Consents Monitoring Leader, if so requested. The arboricultural report shall include a statement on effects of the developments on the trees, recommendations for any further remedial works to remedy any detrimental effects and digital photos of the stages of construction and works within the root zone.
    14. When working within the dripline of any protected tree, all roots larger than 35mm diameter shall be retained and protected. Other roots shall be cleanly cut back to the edge of excavations using a sharp implement such as a handsaw or secateurs. All exposed roots and root ends shall be protected from drying out. This shall be done by covering the excavated roots immediately with hessian (or similar) and ensuring that the material is kept damp. Excavations shall be lined with plastic prior to any concrete pour. The plastic is to remain in place as a permanent root barrier. Backfilling shall be by carried out by hand held tools.
    15. When a root greater than 35 mm in diameter is impeding the construction and all other alternatives to works around the root have been exhausted the supervising arborist will evaluate the root removal and shall only remove the root where he/she is satisfied it shall not be detrimental to the health and safety of the tree.
    16. If for any reason the conditions of consent cannot be adhered to, all work will cease and the council arborist will immediately be notified.
    17. The tree protection work shall be completed prior to the main construction starting to ensure the tree protection methods are in place before multiple contractors are on site.
    18. All site access shall be formed away from street trees. All services including drainage will be located outside the root zone of the street trees unless specifically mentioned in the arboricultural report.
    19. Washings from concrete trucks and/or associated machinery shall not contaminate any area within the vicinity of protected trees or areas that are required for landscaping.

      Bond

    20. To ensure the performance of conditions (6) to (19) above, the consent holder shall pay a bond to the sum of $5,000 to Council.
      1. The bond shall be paid prior to commencement of work on the site and shall be either cash or guaranteed by a registered trading bank in accordance with Council's requirements.
      2. The bond shall be held for a minimum period of 12 months from the date of planting. Half of the bond shall be released when, in the opinion of Resource Consents Monitoring Leader, Auckland City Environments, conditions contained within this consent have been satisfied. The second half of the bond shall be released when in the opinion of Resource Consents Monitoring Leader, Auckland City Environments the trees planted as a condition of consent are alive, in good condition and well maintained three years after the date of planting.
      3. The bond document shall be prepared by the consent holder at his/her expense and submitted to Resource Consents Monitoring Leader, Auckland City Environments for approval. Any costs incurred by Council in preparing, checking, assessing and release of this bond shall met by the consent holder.

      Landscaping

    21. Prior to the removal of any trees subject to this consent, a scheme for the landscaping of the development shall be submitted to, and approved in writing by, the Resource Consents Monitoring Leader. The scheme shall include the proposed tree locations for each Lot, noting both species and numbers, the final details of location and size of private open space for each dwelling and areas where paved surfaces exist, with the objective of reducing, as much as possible, impermeable paved surfaces.
    22. Notwithstanding the above condition, the applicant shall plant at least two appropriate replacement trees within each proposed Lot. The trees shall have a minimum root ball size of Pb 95 and a minimum height of 2 metres at the time of planting. At least one of these chosen specimens per Lot should obtain a height greater than 8 metres at maturity. The replacement trees shall be planted and maintained as per the landscape maintenance scheme provided as a condition of this consent.
    23. Notwithstanding the above condition, the applicant shall plant at least two appropriate replacement trees within the proposed Lot 4. The trees shall have a minimum root ball size of Pb 95 and a minimum height of 2 metres at the time of planting. The replacement trees shall be planted and maintained as per the landscape maintenance scheme provided as a condition of this consent.
    24. No development shall take place until a landscape maintenance scheme has been submitted to and approved in writing by Auckland City Environments. The maintenance shall be for a period of three years. The maintenance scheme shall include details of how it is to be implemented in addition to the procedures and methodologies for planting of replacement trees.

      Bond

    25. To ensure that the performance of conditions (21) to (24) above, the consent holder shall pay a bond to the sum of $10,000 (in addition to the $5,000 bond referred to in condition (20) above) to Council.
      1. The bond shall be paid prior to commencement of work on the site and shall be either cash or guaranteed by a registered trading bank in accordance with Council's requirements.
      2. The bond shall be held for a minimum period of 12 months from the date of planting. Half of the bond shall be released when, in the opinion of Resource Consents Monitoring Leader, Auckland City Environments, conditions contained within this consent have been satisfied. The second half of the bond shall be released when in the opinion of Resource Consents Monitoring Leader, Auckland City Environments the trees planted as a condition of consent are alive, in good condition and well maintained three years after the date of planting.
      3. The bond document shall be prepared by the consent holder at his/her expense and submitted to Resource Consents Monitoring Leader, Auckland City Environments for approval. Any costs incurred by Council in preparing, checking, assessing and release of this bond shall met by the consent holder.

      Earthworks

    26. That the applicant 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, drains, channels in accordance with Auckland City District Plan Annexure 14 Guidelines for sediment control.

      Lighting

    27. The consent holder shall submit an overall Lighting Plan to the Council (Resource Consents Monitoring Leader) for approval. Specifically, this will detail illumination of the pedestrian and vehicular access ways and the location of the proposed exterior lighting. The approved light plan shall be implemented to the satisfaction of the Council (Resource Consents Monitoring Leader).

      Fencing

    28. Prior to the occupancy of each residential unit the fencing plan as shown on the application plan, Housing New Zealand Bremner and Baxter, Mount Roskill, Drawing Title Fencing Design Plan, Project Number T1404, dated 27/06/2007 shall be implemented.

      Additional Landscaping

      Location of Mail Boxes

    29. The applicant shall provide a plan showing consolidated mail box units instead of individual mailboxes for each Lot, particularly when there is more than one unit serviced by a single right of way.

      Other

    30. A copy of this consent shall be held on site at all times.

    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. All water supply connections to the Metrowater supply main and shall be designed in accordance with Metrowater's "Development and Connection Standards" and be made by a Metrowater approved contractor. For details, please contact Metrowater.
    7. 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.
    8. 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 amount of the contribution payable for this development. Please contact the Development Contributions team for any queries in this regard.

    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.

    SUBDIVISION

    Pursuant to section 104B of the Resource Management Act 1991, the non-notified discretionary activity subdivision application by Fairway Homes and Housing New Zealand for a 15 Lot Freehold subdivision that:

    • Involves subdivision around an approved, existing and relocated development;
    • Infringes the 35% maximum building coverage control on Lot 6 by 0.8% resulting in the total building coverage on the site being 35.8%;

    At 1, 2, 3, 4, 5, 6, 8 Baxter Street and 10, 12 and 18 Bremner Avenue, Mount Roskill, described as LOT 102 DP 38221, CT 1044/196; LOT 109A DP 49963, CT 49A/1408; LOT 103 DP 38221, CT 49A/1401; LOT 109B DP 49963, CT 49A/1409; LOT 108 DP 38221, CT 20B/1385; LOT 107 DP 38221, CT 49A/1405; LOT 1 DP 195878, CT 124D/993; LOT 2 DP 195878, CT 124D/994; LOT 100 DP 38221, CT 49A/1399, described on Application Plan entitled 'Housing New Zealand Baxter St and Bremner Avenue Mt Roskill Auckland' and labelled Site Plan, dated 3/06/07, 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 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 and 104B and Section 220.

    Relevant Planning Documents

    The relevant planning documents considered were:

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

    • Clause 11.3 (Subdivision Objectives and policies)
    • Clause 11.5.5.2 Discretionary Activities

    Issues of Contention

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

    Summary of Evidence

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

    • The Assessment of Effects prepared by Mike Stott of Boulder Planning Limited, updated 2 July 2007
    • The memo prepared by Gary Clarke, Council's Development Engineer, dated 11th December 2006 (utilising the assessments provided by Nancekivell Cairn Ltd (Stormwater) and Wilton (Geotechnical).

    Main Findings of Fact

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

    • There will be no more than minor adverse effects from the proposal
    • The proposal is not contrary to the relevant objectives and policies of the Auckland City Operative District Plan - Isthmus Section 1999
    • Adequate water supply, foul water, and soakage infrastructure is available or can be constructed to service the development
    • Pursuant to section 104B, this application should be granted consent.

    Reasons for the Decision

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

    1. The granting of consent to the applicant's proposal will have minor effects on the environment.
    2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities
    3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are no more than minor, and in particular that the activity is carried out in accordance with the approved plans and any effects are contained within the site.
    4. The applicant's proposal is not contrary to the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

    Conditions of Consent

    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, water, electricity and telecommunications easements labelled "A" "B" "C" "D" "E" "F" "G" "I" and "J", as shown on the application plan, shall be created and granted or reserved.
    2. That Drainage easements be created and granted or reserve over any private stormwater or wastewater drains traversing lots other than those being served or certificates pursuant to Section 461 of the Local Government Act and are to be registered against the appropriate certificates of title.
    3. That a certificate pursuant to section 224(c) of the Resource Management Act will not be issued until conditions (4) to (13) have been met to the satisfaction of the Council and at the applicant's expense.

      Private Drainage from Existing Buildings

    4. That all necessary pipes and ancillary equipment are to be supplied and laid to ensure each of the existing houses/units have complying separate private stormwater/wastewater connections to the public drain or provide "As-Builts" drawings to demonstrate they already exist.

      Note: No common private drainage shall be permitted. A building consent will be required for this work.

      Note: The consent holder is advised that a section 224(c) Certificate will not be issued until a Code Compliance Certificate has been issued for the drainage works, OR a copy of the Auckland City Council's Inspections Officer's sign off and drain layer's signed "As-Builts" drainage plan are provided to confirm that the drainage work has been completed and inspected to Council's satisfaction.

      Stormwater

    5. That all the necessary pipes and ancillary equipment are to be supplied and laid to extend the public stormwater system to the development sites. An Engineering Plan Approval application, including detailed engineering plans and calculations for construction for this work, is required to be submitted and approved prior to the works commencing. The plans and calculations are to be drawn by a person suitably qualified to do so and submitted to Auckland City Environment's Development Engineering.
    6. That all the necessary pipes and ancillary equipment are to be supplied and laid to provide individual private stormwater connections to each of the proposed Lots 1-6 and 9-17 and connect them:
      • to the existing public stormwater system, or
      • to the extension of the public stormwater system required by the above condition.

      Note: A building consent will be required for this work.

      Note: Onsite detention shall be provided on sites where the downstream system is proven by Metro Water to be under capacity.

      Note: Final Design Approval is subject to:

      1. Metro Water consideration of existing system capacity, upgrade, extension and on-site detention requirements, and
      2. Neighbour consents for affected parties as necessary.

      Note: The consent holder is advised that a section 224(c) Certificate will not be issued until a Code Compliance Certificate has been issued for the drainage works, OR a copy of the Auckland City Council's Inspections Officer's sign off and drain layer's signed "As-Builts" drainage plan are provided to confirm that the drainage work has been completed and inspected to Councils satisfaction.

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

      Wastewater Conditions

    7. That all the necessary pipes and ancillary equipment are to be supplied and laid to provide individual private wastewater connections to each of the proposed Lots 1-6 and 9-17 and connect them to the existing public wastewater system. A Building Consent will be required for this work.

      Note: he Consent holder is advised that a section 224(c) Certificate will not be issued for the subdivision until a Code Compliance Certificate has been issued for the drainage works, or a copy of the Auckland City Council's Inspections Officer's sign off and drainlayer's signed as-built drainage plan are provided to confirm that the drainage work has been completed and inspected to Council's satisfaction.

      Access

    8. The Right of Way areas A to J shall to be formed, paved and drained to Auckland City Council specifications including the provision of stormwater catchpits and/or slot drains within the boundaries of the ROW (or elsewhere within the site, if appropriate) and where necessary the provision of kerbing or similar to prevent water flowing on to other property (including the footpath). If the grade of any part of the drive exceeds 1:5 (20%) then consideration shall be given to high friction surfacing.
    9. Engineering Right of Way Approval applications, including detailed engineering plans and calculations for construction for this work, are required to be submitted and approved prior to the works commencing. The plans and calculations are to be drawn by a person suitably qualified to do so and submitted to Auckland City Environment's Development Engineering. This approval needs to be obtained by formal lodgement of drawings for engineering plan approval and the work can only commence after these drawing have been approved.

      Note: A building consent will be required for any drainage work required on the drive. The District Plan stipulates maximum grades of 1:20 (5%) for at least 4 metres at the entrance to the access from the road and 1:12.5 (8%) for manoeuvring areas.

    10. Vehicle parking areas suitable for two vehicles shall to be constructed on Lots 1-6 and 9-17 in accordance with the approved plans. Where internal garages are provided the parking areas may not be necessary. This area is required to be served by a suitable area for onsite reverse manoeuvring except lots 4, 12, 13, 16, 17 and 8 Baxter Street. A building consent is required for any private drainage.
    11. New vehicle crossings are to be constructed to serve Lots 1-6 and 9-17. These works are required to be completed prior to any development on site commencing or application for a Section 224(c) Certificate. A Vehicle Crossing Permit is required to be obtained for these works. Please contact Auckland City Council Inspections Officer, Ph 379-2020 for standards and requirements.

      Note: The consent holder is advised that a Section 224 (c) Certificate will not be issued until a vehicle crossing permit is issued and the onsite subgrade base passed by a Council Inspections Officer.

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

      As-Builts

    12. "As-Built" plans are to be provided to Council for all new public assets to be vested in the Council and Metrowater. Requirements are outlined in Council's Code of Urban Subdivision and Metrowater's Development and Connection Standards Manual. The "As-Builts" are to be approved by Auckland City Environments, Development Engineering as part of an approved engineering process related to the conditions for public system extensions. The section 224(c) Certificate will not be issued until the "As-Built" plans are to Council's requirements and have been approved.

      Consent Notices

    13. That the consent holder will have registered against the Certificate of Title for Lots 1-6 and 9-17 a Consent Notice pursuant to section 221 of the Resource Management Act 1991, recording the following condition(s) which are to be complied with on a continuing basis:

      Geotechnical

      1. That a registered engineer experienced in geotechnical engineering and who is also familiar with the report by Wilton Joubert Ltd dated November 2006 and numbered 8207, is to be engaged to design and supervise any further development or structures and/or earthworks within the region identified by the Geotechnical Report (s).

      Detention Tanks

      1. The on going operation and maintenance of the detention tank is the responsibility of the lot owner/body corporate. The system is required to be annually checked and maintained by a suitably qualified person as appropriate.

    SUBDIVISION - ADVICE NOTES

    1. This resource consent will expire five years after the date of commencement of consent unless: (a) a survey plan is presented to Council for approval under section 223 of the Resource Management Act 1991 and that plan is deposited within three years of that approval date; or, (b) Upon an application made prior to the expiry date the Council fixes a longer period. The statutory considerations which apply to extensions are set out in section 125(1)(b) of the Resource Management Act 1991.
    2. 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.
    3. If you disagree with any of the above conditions (excluding the condition relating to the financial contribution for development), 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 objection or appeal has been withdrawn or decided.
    4. 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.
    5. All water supply connections to the Metrowater supply main and shall be designed in accordance with Metrowater's "Development and Connection Standards" and be made by a Metrowater approved contractor. For details please contact Metrowater.
    6. 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.
    7. The consent holder is advised that a section 224(c) Certificate will not be issued for subdivision without Development Engineering Approval of the ROW works and these being signed off by Development Engineering as having being satisfactorily constructed, inspected by Development Engineering (not a building inspector) and "As-builts" provided.
    8. The subdivider may request a change or cancellation of any conditions of consent in accordance with section 127(1)(a) of the Resource Management Act 1991, at any time prior to the issue of the section 224(c) certificate/deposit of the Survey Plan by application in writing accompanied by the Council fee. Please contact Auckland City Environments for the current fee.
    9. 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 amount of the contribution payable for this development. Please contact the Development Contributions Team for any queries in this regard.

    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.

    CARRIED

    [ATTACHMENTS 5.2A AND 5.2B]

  6. Top APPOINTMENT OF COMMISSIONERS

    6.1. 11 PAPAHIA STREET, PARNELL

    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 21 generally protected trees, to prune or carry out works within the dripline of two generally protected trees on the steep sloping land to the east of the existing dwelling and carry out a freehold subdivision of the land around the existing dwelling and vacant land on the site at 11 Papahia Street, Parnell.

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

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

    CARRIED

    6.2. 20 RUAHINE 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 for land use and subdivision consent to locate a second dwelling on the site at 20 Ruahine Street, Avondale.

      The panel is Cr G A Mulholland (Chairman), Cr F Storer, Board Member L Rea (and alternates Cr W A Christian, Cr L Leighton and Board Member C Davis).

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

    CARRIED

    6.3. 1 CARRINGTON ROAD, MOUNT ALBERT

    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 prune a generally protected Pohutukawa tree at 1 Carrington Road, Mount Albert.

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

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

    CARRIED

    6.4. SYMONDS STREET (ROAD)

    1. That any two persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine two applications relating to work associated with the implementation of the Central Connector project between Newmarket and Britomart, specifically work within the Symonds Street sector.

      The panel is Mr R Gee (Chairman) and Mr G MacFarlane (and alternates Mr D Chandler and Ms J Yates).

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

    CARRIED

    6.5. 506-518 PARNELL ROAD, PARNELL

    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 service station on the site at 506-518 Parnell Road, Parnell.

      The panel is Mr G MacFarlane (Chairman), Mr C Stewart and Board Member L Rea (and alternates Mr R Gee, Ms K Sinclair 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

    6.6. 22-28 CUSTOMS STREET EAST, AUCKLAND CENTRAL

    This item has been withdrawn from the agenda as the commissioners have already been appointed.

    6.7. 34 BELLWOOD AVENUE, 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 remove one Liquidamber tree at 34 Bellwood Avenue, Mount Eden.

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

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

    CARRIED

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

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

    CARRIED

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

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

    CARRIED

  9. Top UPDATE ON SIGNS AND BILLBOARD APPLICATIONS

    That the report of the Acting Manager, Regulatory Planning, dated 3 September 2007, be received.

    CARRIED

    [ATTACHMENT 9]

    There being no further business the Chairman declared the meeting closed at 12.19 pm.