MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 18 SEPTEMBER 2007 AT 11:05 AM ADJOURNED AT 1.20PM AND RECONVENED AT 1.25PM

1. APOLOGIES

   That the apology from Cr C Caughey for late arrival be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 11 September 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1 314 - 390 KHYBER PASS ROAD, NEWMARKET

   That an item relating to the installation of a 192m2 billboard onto three existing steel silos at Lion Breweries' site on Khyber Pass Road, Newmarket be considered as extraordinary business at agenda item 4.1 as the next committee meeting is not until 2 October 2007 and by that time, the event is almost over. The billboard will advertise the All Blacks and will removed following the completion of the Rugby World Cup 2007.

   CARRIED

4. SIGNS BYLAW APPLICATIONS

   4.1 314 - 390 KHYBER PASS ROAD, NEWMARKET

   That the application by Sharp Signs Ltd for a dispensation under Part 27 of the Auckland City Council Consolidated Bylaw (Signs) to install a temporary sign of the New Zealand All Blacks for a temporary period until 28 October 2007 in association with the Rugby World Cup 2007 onto three silos within the south-eastern corner of the Lion Breweries' site as described within the application material prepared by Colin Hardacre of Hardacre Planning which:

   • · involves the establishment of a sign within the Business 4 Zone and within the proposed Mixed Use Zone under Plan Change 196
   • · involves the establishment of a sign with an area greater than 50m2

   at 314-390 Khyber Pass Road, Newmarket, described as LOT 1 DP 42020 LOT 1 DP 35021 LOT 1 DP 34309 LOT 1 DP 33322 LOT 1 DP 32986, CT-35D/423 CT-941/63 CT-882/111 CT-881/107 CT-852/271 CT-117/157 CT-117/297 CT-117/168 CT-118/104 CT-583/5 CT-583/8 CT-483/149 CT-1813/75 CT-55C/470, be granted for the following reasons:

   1. the proposal is consistent with the objectives and policies of Part 27 of the Bylaw
   2. the proposal is consistent with the objectives and policies of Part 27 of the Bylaw
   3. the proposed sign is not illuminated
   4. the proposed sign is of a temporary nature and relates to an event of significant national public interest
   5.  the proposed sign is not located near to any residentially zoned sites

   This application is approved subject to the conditions that follow.

   1. The proposed activity shall be carried out in accordance with the plans, except where amended by conditions set out below, and all information submitted as part of this application being:
      • plans and photomontage entitled "Lion - Silo's", drawn by Sharp Signs and dated 20 August 2007
      • planning report entitled "Signs Bylaw Dispensation - Assessment of Effects Information - Proposed Temporary 192m2 All Blacks Steinlager Billboard Sign over Three Silos at Lion Breweries Site - 314-390 Khyber Pass, Newmarket"', prepared by Colin Hardacre of Hardacre Planning Limited and dated 13 September 2007 and all information referenced by the council as LUC20070601501
   2. The sign shall not exceed 140mē in total size area.
   3. Reflective materials shall not be used.
   4. The sign shall be removed by 28 October 2007.

   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.

      Voting on this motion was tied 2:2. Cr F Storer used her casting vote and the motion was declared CARRIED.

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

    [ATTACHMENT 4.1A]

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1 36 DUDLEY ROAD, MISSION BAY

   This item has been withdrawn at the request of the officer.

   5.2. 8 KAWAKA STREET AND 9 HOROPITO STREET, MOUNT EDEN

   DECISION 1 - SUBDIVISION

   Pursuant to section 104B of the Resource Management Act 1991, the non-notified discretionary activity subdivision application by Archilles Neueli for a freehold subdivision and boundary adjustment that:

   • · infringes the maximum building coverage control on Lot 5 by 2.2%.

   at 8 Kawaka Street and 9 Horopito Street, Mount Eden (Lot 3 Deeds Plan S80 and Lot 2 DP 379097) described on Auckland City Council Plan Number R5449/17, 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

   1. Section 104B of the Resource Management Amendment Act 2003 (discretionary activity) which enables the council to grant or decline the application, sections 108 and 220 of the Resource Management Act 1991 which empowers the imposition of consent conditions if the consent is to be granted, and section 104 of the Resource Management Amendment Act 2003, which specifies the matters which a consent authority must, subject to Part 2, consider in the determination of the application.
   2. Part 11.5.2.6A of the Operative Isthmus District Plan, 1999, being subdivision of vacant sites, is the relevant provision.

   Principal issues in contention

   There are no issues of contention as this application was not the subject of a contested hearing.

   The principal issues considered related to lot size, lot shape, the provision of services to the site, future development potential and access.

   Summary of evidence

   The following have been considered by the council:

   • · appendix 1 - The application dated 3 July 2007 prepared by Kathryn Clark of Yeoman Survey Solutions
   • · appendix 2 - ACC Plan numbered R5449/17 showing the proposed subdivision of the site
   • · appendix 3 - The development engineers' report dated 5 September 2007 prepared by Dolly Jack.

   Main findings of fact

   The committee considers that the main 'findings of fact' are as follows:

   • · whilst the proposed Lot 3 is irregular in shape, the site complies with the minimum vacant lot requirement of the District Plan, and is suitable for future development in the Residential 1 zone
   • · that against the Certificate of Title for Lot 3, a Consent Notice pursuant to section 221 of the Resource Management Act 1991 will be registered, recording a condition relating to total building coverage, which is to be complied with on a continuing basis.

   Reasons for decision

   Having had regard to the foregoing matters, the consent authority has determined that the discretionary activity shall be granted for the following reasons.

   1. The granting of consent to the applicant's proposal will have no adverse effects on the environment. The applicant has provided evidence that the proposed sites can be adequately serviced.
   2. The committee considers that this application represents a unique configuration of sites, as a result of previous subdivision application decisions. It is expected that such a situation will not present itself on other similar sites in the city in the future.
   3. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular the creation of vacant sites.
   4. The imposition of the following conditions will ensure that the effects of the applicant's proposal are avoided, and, in particular, that the proposal is carried out in accordance with the approved plans and that all necessary stormwater and wastewater connections are completed to council specifications.
   5. 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.

   Conditions of consent

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

   1. That drainage easements labelled "A" and "B" be approved.
   2. That a certificate pursuant to section 224(c) of the Resource Management Act will not be issued until the following conditions (3) to (9) have been met to the satisfaction of the council and at the owner's expense.

      Stormwater

   3. That all the necessary pipes and ancillary equipment be supplied and laid to provide an individual stormwater private connection to Lot 3 and connect it to an approved soakpit in rock. A building consent will be required for this work . The connection shall be marked by a 50mm x 50mm x 1m tanalised painted blue stake on completion and clearly dimensioned on a drainage as-built plan.
   4. That a Code Compliance Certificate be issued for the private drainage work as per condition 4.2.1. above, OR a copy of the Auckland City Council's inspections officer's sign off and drainlayer's signed as-built drainage plan are to be provided to confirm that the drainage work has been completed and inspected to the council's satisfaction.

      Other requirements

   5. That the existing timber deck on Lot 4 be removed/demolished to accommodate the two stacked parking on site.
   6. That existing rockwall retaining wall and timber gate be removed to give clear access to Lot 3.

      Vehicle crossing

   7. That the existing vehicle crossing be widened and constructed to serve Lots 3 and 4, to council standard and specifications prior to the issue of a Certificate pursuant to section 224(c) of the Resource Management Act or commencement of development on the site, which ever comes first. Please contact inspections officer, pH 09 379 2020 to ascertain the council's standards and requirements. Note: The consent holder is advised that a section 224c Certificate will not be issued until a vehicle-crossing permit is issued and the crossing construction passed by a council inspections officer.

      Comnsent notice

   8. That the subdivider shall cause to be registered against the Certificate of Title for Lot 5, a Consent Notice pursuant to section 221 of the Resource Management Act 1991, recording the condition which is to be complied with on a continuing basis:

      Stormwater runoff disposal from the site is proposed by way of an on-site soakage system via water quality treatment devices. The on-going operation and maintenance of the soakage system and treatment devices is the responsibility of the lot owner.

   9. That the subdivider shall cause to be registered against the Certificate of Title for Lot 3, a Consent Notice pursuant to section 221 of the Resource Management Act 1991, recording the condition which is to be complied with on a continuing basis:

      That, so as the total building coverage area does not exceed the coverage approved as per this consent, the building coverage area on this lot is not to exceed 32.3% or 140.6mē. Before approval can be given to any future development on this lot that will exceed this limitation, the council will have to agree to vary or cancel this consent notice. This is to be in conjunction with a resource consent for the proposal.

   DECISION 2 - CANCELLATION OF EASEMENT

   Pursuant to section 243(e) of the Resource Management Act 1991, the conditional drainage easements B and D (Easement Instrument 7379470.10), imposed in the approval of DP 379097 on CT 317518, are hereby cancelled.

   Note: The above will not be issued until the section 224(c) has been issued.

   ADVICE NOTES

   1. Subject to section 198 of the Local Government Act 2002 and Auckland City Council's Policy on Development Contributions 2007, 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.

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

   2. The applicant shall apply to vary Consent Notice 7379470.8 imposed on the underlying Lot 2 DP 379097 contained in Certificate of Title 317518, with respect to the new Lot 3 hereon.
   3. This resource consent will expire five years after the date of commencement of consent unless: (a) a survey plan is presented to the council for approval under section 223 of the Resource Management Act 1991 and that plan is deposited within three years of that approval date; or, (b) an application is made to extend that period as set out in section 125(1)(b) of the Resource Management Act 1991.
   4. That all essential underground utility service connections or alternative ducting for future augmentation for each unit will need to be provided and that all water supply connections are to be designed and constructed in accordance with Metrowater "Development and Connection Standards "by Metrowater approved contractors.
   5. Please note that a fee is payable upon lodgement of an application for the issue of a certificate pursuant to Section 224(c) of the Resource Management Act 1991 relating to this application. Please contact Auckland City Environments for the current fee.
   6. If you disagree with any of the above conditions, or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 which shall be made in writing to the council within 15 working days of notification of the decision. The council will as soon as practicable consider the objection at a hearing.

   CARRIED

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

   [ATTACHMENT 5.2A]

   5.3. 60 SANDFORD WAY, RAKINO ISLAND

   Pursuant to section 104B of the Resource Management Act 1991 the notified non-complying activity land use application by Hurakia Lodge Ltd to construct a driveway, retaining walls and jetty abutment within Land Unit 20 under the Operative Plan and Land Unit Rural 3 under the Proposed Plan at 60 Sandford Way, Rakino Island 1240 described as Lot 14 DP 52537 CT NA119D/890 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, 104B, 104D, and 108 (non-complying activity)

   Relevant plan provisions

   The relevant planning documents considered were:

   Auckland City Operative District Plan 1996 - Hauraki Gulf Islands Section, and, in particular, the following:

   • · Rules 6B.1.3.7 - Coastal Protection Yard, 6B.1.1.3 - Vehicle Access, 8.5.5 B(c) - Right of Way, 6B.1.3.6 - Earthworks, 6B.1.3.4 - Hazard Areas
   • · SMA 20 - Other Islands - Objectives and Policies 5.20.3.1 - 5.20.3.4
   • · Land Unit 20 - Landscape Protection: Objective and policies - 6.20.3.1
   • · Criteria in 6E.1.1 in the Operative Plan

   Auckland City Proposed District Plan 2006- Hauraki Gulf Islands Section, and, in particular, the following:

   • · Clause 10c.5.7.2 - Coastal Protection Yards
   • · Clause 13.6.1 - Vehicle Access - Gradient
   • · Clause 12.8.1.5 - Right of Way
   • · Clause 10c.5.6.3 - Earthworks
   • · Clause 8.6.1 - Natural Hazards
   • · Other Island's Strategic Management Area: Objective and Policies - 3.4.3
   • · Land Unit Rural 3 - Rakino Amenity: Objectives and Policies - 10a.21.3
   • · Natural Hazards: Objectives and Policies - 8.3.1-8.3.3
   • · Connectivity and Linkages: Objective and Polices - 13.3.4.2
   • · Assessment criteria 11.3.2 & 10c.3.1

   Principal issues in contention

   The principal issues in contention, as identified by the reporting planner, were:

   • · the construction of the driveway and subsequent modification of the landform and the adverse effects on natural character
   • · the natural character of the coastal edge environment and wider Pohutukawa Bay
   • · the potential disturbance to, and identification of, heritage sites.

   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 specialists' reports:

   • · the application material entitled "Proposed new jetty boat ramp and access - Assessment of effects on the environment", prepared by Tonkin & Taylor, dated April 2007
   • · report prepared by Thresher Associates entitled "Hurakia Lodge Ltd Rakino Island Landscape and visual assessment addendum", dated April 2007
   • · report prepared by Thresher Associates entitled "60 & 80 Sandford Way Landscape and visual assessment", dated May 2006
   • · letter entitled "Response to further information.  Resource consent application at 60 Sandford Way, Rakino Island. LUC20070169301", prepared by Richard Reinen-Hamill, and dated 28th of March 2007;
   • · plans prepared by Tonkin & Taylor entitled "Site Location & Proposed Layout" referenced as Figure 1 Rev.0, dated November 2006, and plan titled "Detail of Building Consent Drawing" and Figure 4 Rev 0, dated April 07
   • · plan entitled "Jetty and Boat Ramp Layout Option", referenced as Figure 2 Rev.C, prepared by Tonkin & Taylor, and dated November 2006
   • · archaeological report entitled "Hurakia jetty & boat ramp Pohutukawa Bay Rakino Island Hauraki Gulf Auckland", prepared by Barry Baquie of Kimaiata Heritage, and dated 5th of July 2007
   • · addendum to Landscape Architect entitled "Landscape and Visual Assessment Addendum", prepared by Sally Peake of Thresher Associates, and dated July 2007
   • · geotechnical engineering comment entitled "Pohutukawa Bay - Rakino Island", prepared by Hamish MacClean of Tonkin & Taylor Ltd, dated 3rd July 2007
   • · landscaping report entitled "Landscaping Proposal for driveway for Hurakia Lodge, Rakino Island, Auckland", and dated August 2007
   • · landscaping plan entitled "Hurakia Lodge Ltd 60 Sandford Way Rakino Island", referenced as Appendix 1.

   Main findings of fact

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

   • · that this application is a retrospective application as the driveway and retaining walls have been already constructed
   • · that the driveway, retaining walls, and jetty abutment will result in minor adverse landscape and visual effects, which have and will be mitigated through low profile design and mitigation landscaping
   • · the construction of the driveway, retaining walls and jetty abutment will not result in a degradation of the receiving coastal environment given the conditioned sediment control measures and minimal amount landform modification
   • · the construction of the driveway and retaining walls will not exacerbate the soil hazard on the site nor will this hazard adversely impact the proposal
   • · the driveway has been designed to ensure that driver and vehicle safety is not compromised by limiting the final gradient and concreting the entire length of the access way
   • · no heritage items will be affected by the proposal.

   Reasons for the application

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for this non-complying activity consent are as follows.

   1. The granting of consent to the applicant's proposal will have no more than minor effects on the environment. In particular, the driveway has been designed to ensure that the modification to the landform is minimised and that the coastal and open rural environment of the site is maintained.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria, and, in particular, the applicant proposes a recessive finish and materials to ensure the coastal amenity of the site and surrounding area is maintained and the effects relating to landform modification are minimised.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are mitigated, and, in particular, that the development will proceed in accordance with the plans submitted, the recommended landscaping is undertaken, and the sediment control measures are installed.
   4. The applicant's proposal is consistent with the objectives and policies of both the Operative and Proposed District Plans, and the sustainable management purpose of the Resource Management Act 1991 for the reasons outlined above.

   Staging of conditions

   1. Stage 1 conditions: pre-development - Conditions required to be met prior to works commencing on the site.
   2. Stage 2 conditions: development in progress - Conditions required to be met throughout the period of works on the site.
   3. Stage 3 conditions: post-development - Conditions required to be met following site works and including conditions that relate to the implementation and operation of the activity for which consent has been granted.
   4. Other - Conditions that relate to the development in its entirety.

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

   Stage 1 conditions: pre-development

   Monitoring

   1. The consent holder shall pay the council a consent compliance monitoring charge of $504 (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 $504 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.

      Excavations and earthworks

   2. 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 drains, channels or soakage systems and/or watercourses (refer to the attached pamphlet "Keeping Your Dirt on Your Site" and in accordance with standards and controls described in Auckland Regional Council's Technical Publication 90 (TP90)).

      Pre-construction site meeting

   3. Prior to the commencement of works on site including:
      • construction of jetty abutment
      • construction of jetty and boat ramp

      the consent holder or their agent shall arrange a meeting with the council's compliance officer and those contractors responsible for undertaking works to ensure that all parties involved are aware of what is required of them during the construction process. The following requirements will need to be checked and signed off by the compliance officer prior to the commencement of construction on site.

      • installation of appropriate silt controls measures.
      • installation of protective fencing (if deemed necessary under condition)
      • installation of protective fencing from the end of the retaining wall 15 metres pasts the eastern side of the jetty to protect any unrecorded archaeological sites.

      The council's compliance officer - Waiheke/Rakino Island can be contacted on 372-5919 or monitoring.waiheke@aucklandcity.govt.nz

      Earthworks

   4. To prevent contamination of coastal environment with water containing soil sediment there shall be no stock piling of excavated material on the site. Any surplus excavated material (except where this is to be re-used on the site) shall be removed from the site and placed in a legally permitted disposal site. Any excavated materials held temporarily on site (ie for the construction of the earth mound) are to be contained within a bunded area or enclosed by an approved sediment control fence until utilised on site. Any exposed clay areas are to be protected from surface water erosion by either, top soiling and grass seeding or covered by approved erosion control cloth material, as described in TP90.

      In the event that silt and sediment run-off occurs from the subject site into the coastal marine/foreshore area, the consent holder shall take immediate action at his or her own expense, to clean the effected area. These measures shall remain in place until the completion of the development.

      Accidental discovery protocol condition

   5. Where, during earthworks, any archaeological artefact or human remains are accidentally uncovered or are suspected to have been discovered, the following protocol shall apply. Evidence of archaeological sites can include oven stones, charcoal, shell middens, ditches, banks, pits, and old building foundations, artefacts of Maori and European origin or human burials:
      1. all works within the vicinity shall cease immediately.

         In cases other than suspected human remains:

      2. the contractor shall immediately secure the area and advise the consent holder and the NZ Historic Places Trust of the occurrence.
      3. the consent holder must consult with a representative of the relevant Iwi and the NZ Historic Places Trust to determine what further actions are appropriate to safeguard the site or its contents.

         Where human remains are suspected:

      4. the contractor must take steps immediately to secure the area in a way that ensures human remains are not further disturbed. The contractor shall advise the consent holder of the steps taken.
      5. the contractor shall notify the NZ Police of the suspected human remains as soon as practicably possible after the remains have been disturbed. The consent holder shall notify the relevant Iwi and the NZ Historic Places Trust within 12 hours of the suspected human remains being disturbed or otherwise as soon as practicably possible.
      6. excavation of the site shall not resume until the NZ Police, NZ Historic Places Trust and relevant Kaumatua have given the necessary approvals for excavation to proceed.

      Trees

   6. All earthworks, construction works, machinery operation and storage of machinery plus materials shall not occur within the drip line of any protected vegetation. If deemed necessary by the council's compliance monitoring officer, protective fencing shall be erected around any protected vegetation.

      Geotechnical recommendations

   7. A registered engineer familiar with the assessment report Geotechnical engineering report entitled "Pohutukawa Bay - Rakino Island", prepared by Hamish MacClean of Tonkin & Taylor Ltd, dated 3rd July 2007 shall certify to the council's compliance officer - Hauraki Gulf Islands, in writing, that the proposed construction works has been implemented in accordance with the requirements of the report.

      Hours of construction works

   8. That all earthworks and construction works shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm Saturday. No work shall occur on Sundays or public holidays. The intent of such a condition is to ensure residential amenity is maintained for the surrounding neighbours.

      ROW approval

   9. That pursuant to section 348 of the Local Government Act 1974, the proposed Right of Way labelled '5m wide easement to neighbours property' as shown on plan, entitled "Detail of Building Consent Drawing" Figure 4 Rev 0, dated April 07 prepared by Tonkin & Taylor be approved.
   10. Pursuant to section 223 of the Resource Management Act 1991, the application shall submit to the council a scheme plan detailing the right of way for signing under s348 of the Local Government Act 1974.

       Stage 3 conditions: post-development

       Landscaping

   11. Mitigation planting shall be implemented in accordance with Landscape Plan entitled "Hurakia Lodge Ltd 60 Sandford Way Rakino Island" and report titled "Landscaping Proposal for driveway for Hurakia Lodge, Rakino Island, Auckland", and dated August 2007. The replacement planting shall be undertaken within the planting season (Autumn - Spring) immediately following the completion of the construction works.

       The landscaping shall be maintained by the consent holder for a minimum period of two years to the satisfaction of the council's compliance officer - Hauraki Gulf Islands. All costs associated with the landscaping and maintenance shall be borne by the consent holder.

       Bond

   12. To ensure the performance of condition (11) above, the consent holder shall pay a bond to the sum of $10,000 to the council.
       1. The bond shall be paid to the council within two months of the issuing of this consent and shall be either cash or guaranteed by a registered trading bank in accordance with the council's requirements.
       2. The bond shall be held and only released when the landscaping plan has been completed in full and has been established in a manner that at least 80% of the planting can be expected, in the opinion of a suitably qualified independent specialist appointed by the council at the cost of the consent holder, to survive on a basis of a 10 year average annual weather cycle.
       3. The bond document shall be prepared by the consent holder at his/her expense and submitted to the resource consents monitoring leader, Auckland City Environments, for approval within two months of the issue of this consent. Any costs incurred by the council in preparing, checking, assessing and release of this bond shall be met by the consent holder.

       Other

       Development plans and application material

   13. The proposed activity shall be carried out in accordance with the plans and all information submitted as part of this application, being:
       • the application material entitled "Proposed new jetty boat ramp and access - Assessment of effects on the environment", prepared by Tonkin & Taylor, dated April 2007
       • eport prepared by Thresher Associates entitled "Hurakia Lodge Ltd Rakino Island Landscape and visual assessment addendum", dated April 2007
       • report prepared by Thresher Associates entitled "60 & 80 Sandford Way Landscape and visual assessment", dated May 2006
       • letter entitled "Response to further information. Resource consent application at 60 Sandford Way, Rakino Island. LUC20070169301", prepared by Richard Reinen-Hamill, and dated 28th of March 2007
       • plans prepared by Tonkin & Taylor entitled "Site Location & Proposed Layout" referenced as Figure 1 Rev.0, dated November 2006, and plan titled "Detail of Building Consent Drawing" and Figure 4 Rev 0, dated April 07
       • plan entitled "Jetty and Boat Ramp Layout Option", referenced as Figure 2 Rev.C, prepared by Tonkin & Taylor, and dated November 2006
       • archaeological report entitled "Hurakia jetty & boat ramp Pohutukawa Bay Rakino Island Hauraki Gulf Auckland", prepared by Barry Baquie of Kimaiata Heritage, and dated 5th of July 2007
       • addendum to Landscape Architect entitled "Landscape and Visual Assessment Addendum", prepared by Sally Peake of Thresher Associates, and dated July 2007
       • geotechnical engineering comment entitled "Pohutukawa Bay - Rakino Island", prepared by Hamish MacClean of Tonkin & Taylor Ltd, dated 3rd July 2007
       • landscaping report entitled "Landscaping Proposal for driveway for Hurakia Lodge, Rakino Island, Auckland", and dated August 2007
       • landscaping plan entitled "Hurakia Lodge Ltd 60 Sandford Way Rakino Island", referenced as Appendix 1

   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.
   3. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
   4. The applicant should note that all sites associated with human activity prior to 1900 are protected under the Historic Places Act 1993 regardless of whether or not the sites are recorded or registered, or whether resource or building consent has been granted, whether the activity is permitted in a regional or district plan, or whether the land is designated. If the applicant wishes to destroy, damage or modify any archaelogical site, an authority must be obtained from the NZ Historic Places Trust in accordance with the Historic Places Act 1993 prior to any work being carried out.
   5. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the team leader, compliance monitoring and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   6. This consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with the council or has already been obtained you are advised that unless otherwise stated, the use shall not commence until conditions of this resource consent have been met..
   7. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 which shall be made in writing to the council within 15 working days of notification of the decision. The council will as soon as practicable consider the objection at a hearing.
   8. Contact details for council officers are as follows:

      Name and Position	Contact details
      council arborist and landscape assessor	372-5916
      council compliance monitoring officer	372-5919 or monitoring.waiheke@aucklandcity.govt.nz
      bond and covenant requirements	372-5916
      team leader planning	372-5931

   CARRIED

   [ATTACHMENT 5.3A]

   5.4. 89 GREEN LANE EAST, REMUERA

   That this application by Bluetang Medical Trust to change condition (10) of the resource consent LUC20060202901 at 89 Green Lane East, Remuera be deferred to allow the officer to discuss with the applicant matters relating to the boundary fence between the site and 52 Ohinerau Street that are contained in condition (10) of the existing consent.

   CARRIED

   5.5. 128 JERVOIS ROAD, HERNE BAY

   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, 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 non-complying activity land use application by Lanmac Properties Ltd to extend the retail floor area of the existing building and establish a new retail activity, and to undertake alterations and additions to the existing building that:

   • · involves the establishment of a retail activity (Hair Salon)
   • · involves a shortfall of four parking spaces where four are required
   • · involves a shortfall of one loading space where one loading space is required
   • · involves the provision of two signs at the subject site. The first sign will be affixed to the front boundary wall (with an area of 0.46mē) and the second sign, which is illuminated, will be affixed to the road elevation of the building (with an area of 1.8mē)

   at 128 Jervois Road, Herne Bay, described as LOTS 1 & 2 DP 7073, CT 189/151, 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, 104D and 108 (discretionary activity)
   • · part II.

   Relevant plan provisions

   The relevant planning documents considered were:

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

   • · clause 7.6.7 (Residential 7a Zone Objectives and Policies)
   • · clause 4.5.1 (Signs Objectives and Policies)
   • · clause 12.7.1 (Parking Objectives and Policies)
   • · rules 12.8.1.1 & 12.8.1.2 (Parking and Loading Standards)
   • · clause 12.9.1.2(c) (Reduction in parking spaces - Assessment Criteria)

   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, the council has considered the following specialists' reports:

   • · the Assessment of Effects prepared by Iain McManus Planning Consultant, dated 28 August 2007
   • · the Parking Survey undertaken by Ian & Chantal McTavish of Lanmac Properties Limited, dated 23 August 2007.

   Main findings of fact

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

   • · the site has been used for a home occupation activity dating back to 1968, and the existing retail activity at the site was lawfully established by way of resource consent in 2006
   • · the proposed additions and alterations to the building will be consistent with other development in the streetscape, and have no adverse effects on neighbouring sites. The increased front yard landscaping will have a positive effect on the visual amenity of the site in the streetscape
   • · the traffic generated by the proposed activity will generate only minor adverse effects over and above the existing use of the site, and it is considered that the surrounding road network can accommodate the proposed traffic generation
   • · the proposed parking and loading space shortfall will generate similar effects to the existing approved shortfall of three parking spaces for the existing retail activity at the site. Additionally, it is considered that there is adequate parking available in the immediate vicinity to accommodate the proposal
   • · the proposed retail activity (Hair Salon) is compatible with the existing activities in the surrounding environment.

   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 written approvals provided from all parties that are considered adversely affected.
   2. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, that the activity is carried out in accordance with the approved plans.
   3. 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: 'Chantal Landais Hair Salon - 128 Jervois Road, Herne Bay' drawn by Product X Architecture Limited, consisting of six sheets entitled:
      • RC1 Revision 2: Site Plan - Existing (dated 23.07.07)
      • RC2 Revision 3: Site Plan - Proposed (dated 23.07.07)
      • RC3 Revision 1: Floor Plan - Existing (dated 18.07.07)
      • RC4 Revision 2: Floor Plan - Proposed (dated 23.07.07)
      • RC5 Revision 1: Elevations (dated 18.07.07)
      • RC6 Revision 1: Elevations (dated 18.07.07)

      and referenced by  the council as LUC20070599801.

      Monitoring

   2. The consent holder shall pay to the council a consent compliance monitoring charge of $261.50 (inclusive of GST) plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The 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.

      Retail activity

   3. The retail activity (Hair Salon) shall be limited to the area shown on the approved plans.

      Noise

   4. All demolition and construction works shall be managed to comply with the construction noise standards specified in Clause 4A.1D of the District Plan.
   5. The proposed retail activity shall not exceed the noise levels specified in Clause 7.8.1.10 of the District Plan.

      Street numbering

   6. The consent holder shall erect the relevant street number on the front of the premises, in accordance with the Signs Bylaw (2007) within one month of the commencement of this consent.

   ADVICE NOTES

   1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five years after the date of commencement of consent unless, before the consent lapses;
      • the consent is given effect to; or
      • an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with 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.
   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 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 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 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.

   CARRIED

   5.6. 17 PLEASANT VIEW ROAD (32 JELLICOE ROAD), PANMURE

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

   • · the adverse effects of the activity on the environment will be minor, and
   • · 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 for a retrospective consent by Crystal Cafe & Kebabs Ltd for the operation of a restaurant that:

   • · involves a shortfall of 41 parking spaces where 43 parking spaces are required for the whole site and only two are provided
   • · involves an activity that has access within a Defined Road Boundary.

   at 32 Jellicoe Road, Mount Wellington, described as Lot 1 DP46777, CT 1646/39, 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)
   • · part II of the Resource Management Act 1991

   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)
   • · clause 12.7.1 (Parking, Objectives and Polices)
   • · clause 12.8.1.1 (Parking Standards Other than in the Central Parking District)
   • · clause 12.8.2.6 (Defined Road Boundary)

   Plan Modification 142 (Panmure Structure Plan), and, in particular, the following:

   • · clause 6.4.4 (Reduction in On-site Parking Provision).

   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 specialists' reports:

   • · the Assessment of Effects prepared by Robin Bryant of Tachelle Consulting Services
   • · the Traffic report prepared by Geoff Brown of G and H Transportation Consultants Ltd, dated 8 August 2006
   • · the Traffic report prepared by Ian Constable of Traffic Solutions Ltd dated 4 September 2007
   • · the plans entitled "Proposed Fitout of Existing Tenancy at 32 Jellicoe Road Panmure for Jimmy H Soleymani" drawn by Waitakere Architects Drawing number A101 Revision B Site Plan Proposed
   • · Auckland City Planner's report prepared by Scott Parkinson.

   Main findings of fact

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

   • · there is no additional space on the site to provide onsite parking
   • · there is ample parking within the immediate area to satisfy the parking demand generated by the operation of the restaurant and retail store. The eleven parking spaces located along the Pleasant View Road frontage and the parking spaces provided within the Panmure shopping centre adequately offset the parking shortfall created by the two activities operating on the subject site
   • · the site is readily accessible to public transport with buses and a railway station located within walking distance from the subject site
   • · the continued operation of the restaurant will not create any adverse effects on the safety or capacity of the surrounding road system.

   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 effects on the environment. In particular, the proposal will only have minor effects on the surrounding road network as adequate alternative parking is available in the immediate area to satisfy the parking demand generated by the operation of the restaurant and retail activity on the site.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and in particular, the required parking standards of Clause 12.8.1.1 of the District Plan and the Panmure Structure Plan.
   3. The imposition of the following conditions will ensure that the continued operation of the restaurant will only have minor effects on the environment. In particular, the conditions will ensure that the activity is carried out in accordance with the plans submitted with the application, that the restaurant operates at appropriate times during the day and that the parking provided in front of the restaurant is only used for staff.
   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 conditions that follow.

   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 Fitout of Existing Tenancy at 32 Jellicoe Road Panmure for Jimmy H Soleymani, Site Plan Proposed, Drawing number A101 Revision B, drawn by Waitakere Architects

      and referenced by the council as LUC20060641301

      Monitoring

   2. The consent holder shall pay the council a consent compliance monitoring charge of $261.50 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $261.50 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Hours of operation

   3. The restaurant shall be restricted to operating between the hours of 7.00am and 1.00am the following day Monday to Sunday.

      Formation of parking spaces

   4. For traffic and pedestrian safety issues only two parking spaces are to be created in front of the restaurant and these shall be formed, drained and marked out to the satisfaction of the council (resource consent monitoring leader team leader), within three months of the issuing of this consent.

      Staff parking

   5. The two onsite parks in front of the restaurant shall only be used for staff parking and a sign shall be erected in compliance with the signs bylaw stating that the spaces are for staff parking only and not for customers to the restaurant.

   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 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.
   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 the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the 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 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 will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   [ATTACHMENT 5.6A]

   5.7. 150 MORRIN ROAD, ST JOHNS (MOUNT WELLINGTON QUARRY/STONEFIELDS DEVELOPMENT)

   DECISION ONE: RESOURCE CONSENT

   Pursuant to section 104C of the Resource Management Act 1991, the restricted discretionary activity land use application by Landco Mt Wellington Limited to construct a sign that:

   • · involves works on a site identified on council records as being subject to potential soil instability

   at 150 Morrin Road, St Johns, described as Lot 1 DP 378813, 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, 104C (restricted discretionary activity) and 108.

   Relevant plan provisions

   The relevant planning documents considered were:

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

   • · clause 5D.6.1 (Land Subject to Instability)
   • · clause 7.6.8 (Residential 8 Zone Objectives and Policies)
   • · clause 5D.3 (Natural Hazards Objectives and 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 specialists' reports:

   • · the Assessment of Effects prepared by Kim Hardy, dated 7 July 2007
   • · the report prepared by Kim Hardy dated 4 July 2007
   • · the report prepared by Andrew Linton of Tonkin and Taylor Ltd, dated 31 July 2007
   • · the memo prepared by Scott Paton of Auckland City Council, dated 10 August 2007.

   Main findings of fact

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

   • · the proposal will not be affected by the potential soil instability present on the subject site, nor will it affect to overall stability of the site.

   Reasons for the decision

   The reasons for this restricted discretionary activity consent are as follows.

   1. (a) The granting of consent to the applicant's proposal will generate no more than minor adverse effects on the environment. In particular, the proposal will have no more than a minor effect on the existing soil stability of the subject site.
   2. (b) The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for restricted discretionary activities, and in particular those relating to the use of land known to be subject to soil instability.
   3. (c) The imposition of the following conditions will ensure that the adverse effects generated by the proposal are no more than minor.
   4. (d) 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 conditions that follow.

   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:
      • · 'Structural Details', drawn by Lewis and Williamson Consulting Engineers, reference number 4380/31, sheet number S2, dated April 2004, date stamped by the council 5 July 2007
      • · 'Location Sketch of Proposed Site Sign', drawn by Landco Land Development, dated 19 June 2007, date stamped by the council 5 July 2007
      • · the Assessment of Effects prepared by Kim Hardy, dated 7 July 2007
      • · the report prepared by Kim Hardy, dated 4 July 2007
      • · the report prepared by Andrew Linton of Tonkin and Taylor Ltd, dated 31 July 2007

      all referenced by the council as LUC20070450301.

      Monitoring

   2. The consent holder shall pay the council a consent compliance monitoring charge of $261.50 (inclusive of GST), plus any further monitoring charge or charges to recover the actual and reasonable costs that have been incurred to ensure compliance with the conditions attached to this consent. (This charge is to cover the cost of inspecting the site, carrying out tests, reviewing conditions, updating files, etc, all being work to ensure compliance with the resource consent).

      The $261.50 (inclusive of GST) charge shall be paid as part of the resource consent fee and the consent holder will be advised of the further monitoring charge or charges as they fall due. Such further charges are to be paid within one month of the date of invoice.

      Construction

   3. The consent holder shall ensure that the foundation designs shall follow the recommendation of the Tonkin & Taylor Ltd letter dated 31 July 2007.

      Life of consent

   4. The sign shall be removed from the site within four years from the commencement of this consent.

   ADVICE NOTES

   1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five years after the date of commencement of consent unless, before the consent lapses:
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   2. The applicant is advised that there are trees on the property which come within the tree protection rules set out in 5C.7.3 of the district plan and these cannot be cut, trimmed or have work undertaken below the dripline without a prior resource consent. If the applicant wishes to undertake the above mentioned work, a resource consent application will need to be made to the council. Consent will not necessarily be granted to such an application. Any work undertaken near protected trees should be done in accordance with Annexure 5 of the district plan.
   3. 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 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.
   4. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   5. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the team leader, compliance monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   6. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and 357B of the Resource Management Act 1991 which shall be made in writing to 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 will not commence until any objection or appeal has been withdrawn or decided.

   DECISION TWO: SIGN DISPENSATION

   That the application by Landco Mt Wellington Limited for a dispensation under Part 27 of the Auckland City Council Signs Bylaw in relation to a sign that infringes:

   • · Clause 27.8.1(b): A sign in a residential zone in the Isthmus, may not exceed a height above ground level of 3 metres or 2 metres if free standing
   • · Clause 27.8.1(d)(iii): A sign in a residential zone in the Isthmus may not exceed 1 square metre in Residential 7 and 8 zones

   at 150 Morrin Road, St Johns described as Lot 1 DP 378813 be granted dispensation.

   The reasons for granting dispensations are as follows:

   1. the proposed sign is set back at a sufficient distance from the boundaries of the site, therefore maintaining the existing visual amenity of the local area and streetscape
   2. the proposed sign does not dominate the site on which it is located, and is appropriate in scale and character with respect to the surrounding environment given that the surrounding area is under development
   3. there are no traffic or public safety implications that will arise from the establishment of the sign
   4. the non-compliance of the subject sign is not contrary to the objectives of the Signs Bylaw
   5. the proposed sign is considered to be 'temporary', in that the consent is for four years only from the date of the sign dispensation approval.

   This application is approved subject to the conditions that follow.

   Activity in accordance with the plans

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • · 'Structural Details', drawn by Lewis and Williamson Consulting Engineers, reference number 4380/31, sheet number S2, dated April 2004, date stamped by the council 5 July 2007
      • · 'Location Sketch of Proposed Site Sign', drawn by Landco Land Development, dated 19 June 2007, date stamped by the council 5 July 2007
      • · the Assessment of Effects prepared by Kim Hardy, dated 7 July 2007
      • · the report prepared by Kim Hardy dated 4 July 2007
      • · the report prepared by Andrew Linton of Tonkin and Taylor Ltd, dated 31 July 2007

      all referenced by the council as LUC20070450301.

      Timing

   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.
   3. The consent holder is required to remove the sign four years from the date of this sign dispensation approval, or on completion of Stage One of the development (as indicated on the proposed signage), whichever is the sooner, to the satisfaction of the resource consents monitoring leader.

   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

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

   5.8. 42 HERD ROAD, HILLSBOROUGH

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by the Selwyn Foundation for the construction of a four storey 'stand alone' building (Building A), designed to accommodate 26 independent retirement units for persons over 65 years of age for which resource consent is sought for:

   • ·  a retirement village as a discretionary activity
   • ·  earthworks of 1,450m2 of earthworks on an average slope of 7.64% as a restricted controlled activity
   • ·  the removal of 1x generally protected Golden Totara tree and work within the dripline of five generally protected Oak trees as a restricted discretionary activity
   • ·  a shortfall of five (5) parking spaces as a discretionary activity
   • ·  an infringement of Rule 7.8.1.2, (maximum permitted height of 8m) as the building is 14.56m, resulting in an infringement of 6.57m over an area of 833.8m2, assessed as a discretionary activity
   • ·  an infringement of Rule 7.8.1.3(b), building in relation to boundary, as it applies to the eastern boundary of the site by 1.51m vertical by 13.585m horizontal at it relates to the eastern boundary. This is an 'internal' boundary of the retirement village, and is assessed as a discretionary activity.
   • ·  an infringement of Rule 7.8.1.5, the minimum landscaped permeable surface by a further 4.6% or 1,141m2 with 36% or 11,874m2 legally established and 10,458m2, or 33.5% proposed. This infringement is created because the village is contained on a number of certificates of title, and is assessed as a discretionary activity
   • ·  an infringement of Rule 7.8.1.6, the maximum paved impermeable surface by a further 1% or 275m2 with 37% or 11,460m2 legally established and 12,735m2, or 38% proposed. This infringement is created because the village is contained on a number of certificates of title, and is assessed as a discretionary activity

   at 42 Herd Road, Hillsborough, and described as Lot 2 DP 308433 CT NA/33598 be granted consent.

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

   • ·  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.

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

   • ·  Part II, sections 36, 104, 104B, 108 and 113.

   Principal issues

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

   • ·  4.3.1.2 (development control modifications)
   • ·  Part 5C and in particular 5C.7.3.3C (general tree protection rules)
   • ·  Part 7 (residential rules, assessment criteria, objectives and policies)
   • ·  Part 12 and in particular 12.9.1.2 (criteria for assessing parking shortfalls).

   Principal issues in contention

   The application was processed on a limited notified basis and no submissions where received. The applicant has waived the need for a hearing and 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. Whist no evidence has been provided, the committee has considered:

   • ·  the application and support assessments prepared under the cover of the assessment of effects prepared by Bentley and Co and dated December 2006 and the supplementary information attached at appendix 2 to the reporting planners section 104 report
   • ·  the council peer reports by Thresher Associates Limited, Russell Foster & Associates, Traffic Planning Consultants, Stormwater Solutions, Council's Development Engineer and Greenscene Limited
   • ·  audit report by Tania Richmond, Richmond Planning Limited.

   Main findings of fact

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

   • ·  the application falls to be considered as a discretionary activity
   • ·  the building, and, in particular, the 26 retirement units are an appropriate activity given that a retirement village currently occupies the land and has done so for many years
   • ·  there are particular circumstances relating to this site and its environmental context such that the council can be satisfied that the effects generated by the proposal are either nil or minor
   • ·  suitable conditions can be devised to mitigate potential adverse effects of the activity on the environment
   • ·  the proposal is consistent with the relevant assessment criteria and objectives and policies of the District Plan, particularly those relating to the residential 6a zone
   • ·  the proposal is consistent with the Act's purpose of promoting sustainable management

   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 minor adverse effects on the environment. In particular, the retirement units are an appropriate use within the existing Selwyn Heights Retirement Village and there are circumstances relating to this site and its environmental context such that the council is satisfied that the effects generated by the activity on the environment will be minor.
   2. No submissions were received from those persons who were served notice of the application.
   3. The granting of consent to the application is consistent with the relevant assessment criteria for discretionary activities, and in particular, those relating to retirement villages, earthworks, removal of generally protected trees, development control modifications and a shortfall in parking.
   4. The imposition of the following conditions will ensure that the potential adverse effects of the granting the application are minor.
   5. 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. Except where varied by the conditions that follow, the activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • · assessment of environmental effects by Bentley and Co Ltd dated December 2006, including attached specialist reports;
      • · drawings by Klein Limited, job number 3.0833, sheets RC-001, revision D, RC-011, revision F, RC-101, revision E, RC-102, revision D, RC-201, revision D, RC-202, revision D, RC-210, revision D, RC-211, revision A, RC-301, RC-302 and SK-30;
      • · additional information received following lodgement of the application, namely:

      • o landscape plan, drawing number 0603-002, (provided under the cover of the letter from Bentley and Co Ltd dated 13 April 2007) and planting schedule (dated 14 May 2007) by Boffa Miskell
      •  o arboricultural report by Peers Brown and Miller dated 04.04.2007
      • o assessment by Boffa Miskell and attached location and cross sections (provided under the covering letter from Bentley and Co Ltd dated 14 March 2007);

      and all referenced by the council as LUC20060911201.

      Monitoring

   2. The consent holder shall pay to 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).

      It is noted that a consent compliance monitoring fee of $824.00 (inclusive of GST) was paid at the time of lodging this resource consent application. Accordingly, this condition is deemed to be satisfied in so far as the payment of the $824.00 fee.

      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.

      Trees

   3. Where works are proposed within the root zone of any protected tree, all works are to be conducted in accordance with the arborist report by Simon Miller of Peers Brown Miller Limited, dated 4 April 2007.
   4. The consent holder shall employ an arborist (appointed arborist) for the duration of the works to monitor, direct and supervise all works within the dripline and pruning of all protected trees growing within the site, for the duration of the works.
   5. All tree pruning work shall be carried out by a competent arborist in accordance with accepted arboricultural practice. The sole objective of the pruning shall be to obtain 1 metre clearance from the building structure by removing and/or reducing branches less than 30mm in diameter at the point of attachment to the parent stem back to a suitable growth points.
   6. All excavations within the dripline of any protected tree shall be under the direct supervision of the consent holder's arborist.
   7. 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 Peers Brown Miller Limited arboricultural report. A copy of the notes from this meeting shall be forwarded to the council on the day of the meeting. This meeting shall discuss and confirm the proposed work, tree protection measures, Conditions of Consent and tree protection fencing location.
   8. The consent holder shall ensure that all contractors, sub-contractors and work site supervisory staff who are carrying out any works within the dripline of any protected tree covered by this consent are advised of the Conditions of Consent and act in accordance with the conditions. A copy of the Conditions of Consent shall be available at all times on the work site.
   9. The council's resource consent monitoring leader shall be informed of the date of commencement of the works and be invited to attend the pre-start meeting. Five working days' notice shall be given prior to the date of the pre-start meeting (as outlined in condition 7).
   10. Where the footprint of the deck of Unit 1 extends within the dripline of the protected Pin Oak tree, the structure shall be constructed upon pile foundations. Pile holes shall be excavated by hand to a minimum depth of 600mm with retention and protection of all tree roots that are encountered that measure 35mm or greater in diameter. No excavation shall occur in this area except for the specific pile locations, which shall be modified to accommodate any tree roots that measure 35mm or greater in diameter.
   11. Excavations required for the sanitary sewer system, in particular the manholes, located to the north of the apartment building shall be excavated outside of the dripline of the Pin Oak tree, with all associated machinery and materials remaining outside of the dripline. Any tree roots encountered at the edge of the excavations shall be cleanly severed at the edge of the cut.
   12. No underground services shall be routed beneath the dripline of the protected trees, except by way of trenchless installation methodologies (i.e. directional drilling/thrusting).
   13. The appointed arborist shall advise the resource consent monitoring leader, Auckland City Council, in writing, of any damage resulting from the works which, in the opinion of the appointed arborist, is likely to result in any significant adverse effect to any part of a protected tree, either immediately or long-term or which has reduced, or will reduce the visual amenity value of the tree. This shall be done within twenty-four (24) hours from the time the event occurred.
   14. Where in the opinion of the resource consent monitoring leader, remedial works are required as a result of such damage, all costs associated with the remedial works, including any remedial works carried out by the council, shall be met by the consent holder.

       Landscaping

   15. The landscaping as detailed on the landscape plan prepared by Boffa Miskell and referred to in condition (1) above, shall be implemented within the first planting season following the completion of the works on the site. The landscaping shall be maintained and irrigated thereafter in accordance with the maintenance programme submitted with the approved landscape plan.

       Stormwater

   16. In accordance with the report by Harrison and Grierson Consultants (reference 1050-122159-02, dated November 2006), submitted as part of the application documentation (refer to condition 1 above), the consent holder shall discharge the stormwater into the existing public system via detention tanks. Details of stormwater detention tanks shall be submitted for council approval as part of the building consent application.

       Earthworks

   17. The consent holder shall implement suitable sediment control measures during the earthworks to ensure stormwater run-off from the site is managed and controlled to prevent silt and sediment from discharging into the stormwater system. Reference is to be made to the report by Harrison Grierson Ltd "Earthworks Assessment" dated November 2006 and Annexure 14 of the District plan. In the event of silt/sediment deposit on the streets, the consent holder shall take immediate action to clean the affected streets at their own expense.
   18. In addition to condition (17) above, to further prevent silt/sediment contamination:
       1. surplus excavation material (except for those to be re-used) shall be removed from the site within one week; and
       2. if areas of earthworks remain exposed for greater than one week, any exposed areas shall be protected from erosion by suitable covers as described in the Harrison Grierson Earthworks Assessment report dated November 2006.

       Traffic

   19. Prior to commencement of works on the site, a construction traffic management plan shall be provided to the satisfaction of the manager, transport assets and operations.
   20. Parking demand surveys are to be undertaken under the direction of a Chartered Professional traffic engineer to confirm that the amount of parking provided for the proposed apartment building is sufficient to meet the parking demand. The parking demand surveys are to be undertaken after six months of completion and occupation of the apartment building together with a second survey 12 months after occupation. After each parking demand survey, a report is to be prepared by the traffic engineer to describe the peak parking demand observed. This report is to be provided to the resource consent monitoring leader, Auckland City Council no later than two weeks following completion of the surveys. Should the monitoring show a greater parking demand for the apartments than 25 vehicles, the consent holder shall make suitable arrangements to the satisfaction of the council, to provide additional parking near the apartments to meet the parking demand.

       Archaeological

   21. With exception of the recommendation relating to the plan change, the recommendations contained on page 25 of the report by Clough and Associates Ltd dated November 2006 (attachment 5 of to the AEE and referred to in condition (1) above) shall be implemented (repeated below for the avoidance of doubt)
       1. That the area in front of the Masonic Hall (the location of proposed Building A) should be stripped under archaeological supervision prior to construction as a precaution to ensure that no archaeological features are present. This should be done well in advance of development to allow time for an Authority application if required.
       2. That if any features should be exposed in this area, an Authority must be applied for and obtained from the NZ Historic Places Trust before any works affecting these features can proceed. (Note that this is a legal requirement).
       3. That if sub-surface archaeological evidence should be unearthed during construction (e.g. intact shell midden, hangi, storage pits relating to Maori occupation, or cobbled floors, brick or stone foundation, and rubbish pits relating to 19th century European occupation), work should cease in the immediate vicinity of the remains and the Historic Places Trust should be contacted.
       4. That in the event of human remains being uncovered, work should cease in the immediate vicinity and the tangata whenua, Historic Places Trust and NZ Police should be contacted so that appropriate arrangements can be made.
   22. In the event archaeological evidence is unearthed, the site supervisor shall also notify tangata whenua, the Department of Conservation and the Heritage Department of Auckland City Council.

       Licensed cadastral surveyor

   23. A licensed cadastral surveyor shall certify to the resource consent monitoring leader in writing prior to work progressing beyond foundation stage and again at roof framing stage that:

       The building will not exceed the extent of the infringements that have been granted with this consent. That being:

       • · An infringement of Rule 7.8.1.2, (maximum permitted height of 8m) as the building is 14.56m, resulting in an infringement of 6.57m over an area of 833.8m2. 
       • ·  An infringement of Rule 7.8.1.3(b), building in relation to boundary, as it applies to the eastern boundary of the site by 1.51m vertical by 13.585m horizontal at it relates to the eastern boundary (internal to the village)

       No work shall proceed beyond this stage until receipt of such certification, to the satisfaction of the Resource Consents Monitoring Leader, Auckland City Environments.

   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 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.
   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 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. 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.
   5. The consent holder will be advised separately of contributions payable under the Development Contributions Policy. Please note that any future resource consent application, subdivision consent application, or building consent application in relation to this proposal will be subject to the latest development contribution policy. Any previous financial contribution or development contribution paid will be taken into account when assessing development contributions on future consent applications.

      Engineering advice notes

      Stormwater:

   6. The consent holder shall attenuate the peak flow to existing levels, including the additional 233m2 of impervious area. Details of compliance shall be demonstrated as part of the building consent application.
   7. The consent holder shall obtain engineering approval from Auckland City Council for the new connections and/or modifications to the public stormwater systems.
   8. The consent holder will be required to obtained discharge consents from the Auckland Regional Council.

      Wastewater

   9. The consent holder shall provide wastewater connection to the existing 375 mm sewer located parallel to Queenstown/Pah Road. An engineering approval from Auckland City Council may be required for this connection. 
   10. The consent holder shall ensure that all connections shall comply with Council's Development & Connection Standards Manual - February 2005, including backflow prevention devices where necessary and Watercare Services connection details where necessary.

       Water Supply

   11. The consent holder shall obtain approval from Auckland City Council for any required construction and/or alteration to the public water supply system, including a meter box.
   12. The consent holder shall provide, as part of the building consent application, a written statement from the NZ Fire Service stating the "Fire Risk Classification" of the development and that the development complies with the "NZ Fire Service Code of Practice For Fire Fighting Water Supplies."
   13. The potable water connections shall comply with the council's Development & Connection Standards Manual - February 2005, including backflow prevention devices where necessary.

   CARRIED

   [ATTACHMENT 5.8A]

6. APPOINTMENT OF COMMISSIONERS

   6.1. 18 LAMMERMOOR DRIVE, ST HELIERS

   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 a scheduled Norfolk Island pine tree at 18 Lammermore Drive, St Heliers.

      The panel is Cr G A Mulholland (Chairman), Board Member B Graham and Board Member H Wallace (and alternates Cr G Fryer (alt Chair), Cr L Leighton and Board Member J Livingstone).

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

   CARRIED

   6.2. 907B MOUNT EDEN ROAD, MOUNT EDEN

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to carry out work within the dripline of one Totara tree at 907B Mount Eden Road, Mount Eden.

      The panel is Cr G Fryer (Chairman), Board Member B Graham and Board Member H Wallace (and alternates Cr G A Mulholland 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. 1909-1949 GREAT NORTH ROAD, 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 resource consent for a mixed use development at 1909-1949 Great North road, Avondale..

      Them panel is Mr D Chandler (Chairman), Mr G MacFarlane and Ms J Yates (and alternates Ms K Ryan, Mr K Graham, Ms K Sinclair and Ms J Hudson).

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

   CARRIED

   6.4. NEWTON ROAD RESERVE, WAIHEKE ISLAND

   1. That any one person from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application for the retention of earthworks deposited on the Newton Road Reserve, Waiheke Island..

      The panel is Mr D Chandler (Chairman) (and alternates Mr R Gee, Mr G MacFarlane and Mr C Stewart).

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

   CARRIED

   6.5. 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 subdivision and landuse consent to subdivide an existing site into two lots, to shift the existing dwelling and relocate a second dwelling onto the newly created lot. at 20 Ruahine Street. Avondale.

      The panel is Cr G A Mulholland (Chairman) Cr T Millar and Board Member C Dempsey (and alternates Mr G MacFarlane (alt Chair), Ms K Ryan, Mr K Graham, Ms J Yates, Ms K Sinclair, Ms J Hudson, Cr N Raffills, Cr L Leighton, Cr W A Christian 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

   6.6. 7-9 EDENVALE CRESCENT AND 35 VIEW ROAD, MOUNT EDEN

   1. That any four persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to carry out a major extension to an existing rest home onto 35 View Road, and the reconstruction of the existing rest home on 7-9 Edenvale Crescent, Mount Eden.

      The panel is Mr L Simmons (Chairman), Mr D Chandler, Cr F Storer and Cr G Fryer (and alternates Mr G MacFarlane, Mr C Stewart, Mr R Gee, Ms K Ryan and Board Member L Rea).

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

   CARRIED

7. REQUESTS FOR SERVICE ARISING FROM SITE VISITS AND MEETINGS

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

   CARRIED

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

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

   CARRIED

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

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

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

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

   Item no.	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
   C1	Auckland Trotting Club, Alexandra Park, Epsom - Private Plan Change 10 - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, the council is reviewing the position it is to take on this matter at the Environment Court The disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.
   C2	11 Green Lane East, Remuera - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the council's decision to refuse consent to the proposed healthcare centre in the residential 6a zone and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.	S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

    

   C3

   54 Middleton Road, Remuera - Environment Court Appeal

   The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

   Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the council's decision to grant consent to the proposed five unit development and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

   S48(1)(a): The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

   CARRIED

   There being no further business the Chairman declared the meeting closed at 2.36 pm.