MINUTES OF A MEETING OF THE PLANNING FIXTURES COMMITTEE HELD ON TUESDAY, 2 OCTOBER 2007 AT 11.05 AM

1. APOLOGIES

   That an apology from Cr G A Mulholland be received.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Committee meeting held on Tuesday, 18 September 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   4.1. 175 QUEEN STREET, AUCKLAND CENTRAL

   That this application for a dispensation from Part 27 (Signs 2007) of the Auckland City Consolidated Bylaw by China Travel Services (NZ) Limited to install two street veranda fascia signs on the building located at 175 Queen Street, Auckland Central, as shown on the photomontages and plans prepared by Octave Creationz Ltd in Appendix 1 of the report, and as described in the information submitted with the application prepared by Brandon Ritchie on behalf of the applicant, be approved for the following reasons:

   1. the proposal is consistent with the objectives and policies of Part 27 of the bylaw
   2. the degree of non-compliance with Part 27 of the bylaw is minor and the effects of the non-compliance in relation to visual amenity and safety will be of little significance
   3. the fascia at 1300mm high is at the same height as the original fascia and is in keeping with the architecture of the verandah
   4. the proposed CTS sign on the fascia constitutes naming rights for the building
   5. the proposed signage is similar in scale and size to the existing signage
   6. the proposed signage reduces the existing amount of signage on the site.

   The proposal is approved subject to the following conditions:

   1. The proposal shall take place in accordance with the assessment of effects and supplementary information submitted with the application and as shown on the plans, prepared by Octave Creationz Ltd, referenced by the council as LUC20070551701.
   2. That the 3mm silver grey aluminium composite background panel with landmark graphics be designed in a manner that ensures that the landmark graphic is recessive, and is to be to the satisfaction of the Manager: Central Area Planning.
   3. That the two street verandah signs are to be erected within six months of this consent, otherwise the consent shall lapse.
   4. The dispensation is for the lifetime of the tenancy (Chinese Travel Services (NZ) Limited), and the fascia signs shall be removed once that tenancy ceases operation.
   5. That the street number be at least 150mm in height and clearly legible from Queen Street.
   6. That the meaning of the Chinese lettering on the fascia sign fronting Durham Lane is to be approved by the Manager: Central Area Planning prior to the erection of the fascia sign to ensure that it is a translation of the English version of the sign.

   CARRIED

   4.2. 171 MAIN HIGHWAY, ELLERSLIE

   That the application by Supalite New Zealand (on behalf of BP 2go Ellerslie) for a dispensation under Part 27 of the Auckland City Council Consolidated Bylaw (Signs) for a sign that:

   • is located within 30m and is visible from land zoned residential and open space
   • exceeds the relevant height in relation to boundary controls of the Operative District Plan 1999 - Isthmus Section
   • does not display a street number at least 150mm high
   • exceeds the maximum permissable height of 4m by 3.5m
   • exceeds the maximum permissable area of 4m2 by 9.79m2
   • is located 1.477m from the site's boundary whereas 2m is required

   at 171 Main Highway, Ellerslie, described as Lot 6 DP 18767, Lot 6 DP 25452, Lot 2 DP 58427, CT NA55B/868, be declined for the following reasons:

   1. the degree of non-compliance with the bylaw is considered to be significant, and the signage will not meet the objectives of the bylaw because of the scale of the proposed sign and its degree of dominance over the surrounding environment
   2. the sign is not of an appropriate size or scale for the site and surrounding area
   3. the sign will detract from the visual amenity of the area because of its location neighbouring Residential 1 zoned land and Open Space land.

   CARRIED

   [ATTACHMENT 4.2A]

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   There were no resource consent applications to consider.

   That Items 7 and 8 be taken at this point.

   CARRIED

6. APPOINTMENT OF COMMISSIONERS

   6.1. 6-8 NUGENT STREET, GRAFTON

   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 a mixed use development with approximately 20,000m˛ of ground floor area, comprising offices, retail, café/restaurant, and 54 residential units supported by 599 car parking spaces at 6-8 Nugent Street, Grafton.

      The panel is Mr G MacFarlane (Chairman), Cr C Caughey and Mr J Hill (and alternates Mr R Gee (alt Chair), Board Member K Carter, Cr G Fryer, Board Member L Rea, Ms K Ryan, Ms J Hudson, Mr G Falconer and Ms K Sinclair).

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

   CARRIED

   6.2. 42B SACKVILLE STREET, GREY LYNN

   1. That any two persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to undertake re-cladding of an existing dwelling at 42B Sackville Street, Grey Lynn.

      The panel is Mr J Hill (Chairman) and Cr G Fryer (and alternates Ms C Hawley, Mr R Gee (alt Chair), Ms K Ryan, Board Member L Rea and Board Member C Dempsey).

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

   CARRIED

   6.3. 128-142 FANSHAWE STREET, AUCKLAND CENTRAL

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to demolish the existing buildings on the site at 128-142 Fanshawe Street, Auckland Central, and construct new buildings comprising of 220 apartments, a communal pool and gym area, a communal courtyard, 474m˛ of retail space fronting Fanshawe Street, above ground retail parking for five vehicles and two basement levels containing 238 car parking spaces.

      The panel is Mr G MacFarlane (Chairman), Cr C Caughey and Cr F Storer (and alternates Mr R Gee (alt Chair), Mr G Falconer, Mr J Hill, Ms J Hudson, Ms K Ryan, Ms K Sinclair, Cr G A Mulholland, 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

   6.4. 7 CARMONT STREET, REMUERA

   1. That any three persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to remove one Ginkgo tree at 7 Carmont Street, Remuera.

      The panel is Cr G Fryer (Chairman), Cr C Casey and Board Member B Graham (and alternates Ms C Hawley, Ms K Ryan (alt Chair), Board Member C Davis, Ms K Sinclair and Cr W A Christian).

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

   CARRIED

   6.5. 1A TAY STREET, GREY LYNN

   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 construct 12 residential units, with associated parking, access and landscaping at 1A Tay Street, Grey Lynn.

      The panel is Mr G Macfarlane (Chairman), Cr G Fryer and Cr F Storer (and alternates Mr R Gee (alt Chair) Ms K Ryan, Mr J Hill, Board Member K Carter, Cr W A Christian and Cr G A Mulholland).

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

   CARRIED

   6.6. 59 ORAKEI ROAD, REMUERA

   1. That any two persons from the following panel, as nominated by the Planning Fixtures Committee, be appointed commissioners to hear and determine an application to construct a new car port within the front yard of 59 Orakei Road, Remuera, and provide a new replacement wall along its front boundary.

      The panel is Mr J Hill (Chairman) and Board Member K Carter (and alternates Ms K Ryan (alt chair) Board Member C Davis, Ms K Sinclair and Ms J Yates).

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

   CARRIED

7. NOTICE OF ALTERATION TO DESIGNATION NO A07-01 "MOTORWAY" BEING AN ALTERATION TO STATE HIGHWAY 20 - MANUKAU HARBOUR CROSSING, TRANSIT NEW ZEALAND, AUCKLAND CITY OPERATIVE DISTRICT PLAN ISTHMUS SECTION 1999

   1. That the council agrees to alter designation A07-01 by including an additional 940m2 area of land currently zoned Regional Arterial Road as identified in the Transit New Zealand notice of requirement dated 3 August 2007, pursuant to section 181(3) of the Resource Management Act 1991.
   2. That district plan map H10 (Map 2) be amended to reflect the above alteration.
   3. That the Outline Plan of Works include a proposal for the transplanting of the existing Pohutukawa trees and the provision of landscape planting along the edge of the designation. (Note: The imposition of a bond may be considered at the time of the Outline Plan to ensure that this condition is given effect.)

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

   Cr G Fryer and Cr C Caughey requested that their votes against the decision be recorded.

8. APPEAL TO THE DECISION OF THE AUCKLAND REGIONAL COUNCIL PLAN MODIFICATION 6 TO THE REGIONAL POLICY STATEMENT - LOCAL GOVERNMENT (AUCKLAND) AMENDMENT ACT

   1. That the decision of the Auckland Regional Council in respect of Proposed Change 6 - Giving Effect to the Regional Growth Concept and Integrating Landuse and Transport be received.
   2. That the appeal lodged with the Environment Court be progressed in respect of Auckland Regional Council's decision on Proposed Change 6 in relation to the following issues:
      1. proposed Issue 2.4.5(2) Utility Servicing Thresholds
      2. proposed Method 2.6.6(7) Urban Structure
      3. proposed Policy 2.6.8.1(j) Strategic Policies - Urban Design (Note: This applies to stormwater and the quality of the receiving environment. The committee requests that, in negotiation with the Auckland Regional Council, officers seek to achieve an outcome that promotes a best practice approach to stormwater management by Auckland City Council)
      4. appendix A covered by submission numbers 251/4, 251/16, 251/18 and 251/43, with the final wording to be approved by the Group Manager: City Planning.
   3. That the committee notes that a further report may be brought to the committee should the council wish to join the appeals of any other party as a Section 274 party.

   A division was called for resolution B(iii), voting on which was as follows:

   For the Motion:	Against the Motion:
   Cr Faye Storer	Cr Christine Caughey Cr Bill Christian Cr Glenda Fryer

   Deputy Mayor Dr. Bruce Hucker, Cr Graeme Mullholland and His Worship the Mayor were absent.

   The motion B(iii) was declared LOST by 3 votes to 1.

   The Chairman moved the substantive motion:

   1. That the decision of the Auckland Regional Council in respect of Proposed Change 6 - Giving Effect to the Regional Growth Concept and Integrating Landuse and Transport be received.
   2. That the appeal lodged with the Environment Court be progressed in respect of Auckland Regional Council's decision on Proposed Change 6 in relation to the following issues:
      1. proposed Issue 2.4.5(2) Utility Servicing Thresholds
      2. proposed Method 2.6.6(7) Urban Structure
      3. appendix A covered by submission numbers 251/4, 251/16, 251/18 and 251/43, with the final wording to be approved by the Group Manager: City Planning.
   3. That the committee notes that a further report may be brought to the committee should the council wish to join the appeals of any other party as a Section 274 party.

   CARRIED

9. 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

10. 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

11. ROAD OUTSIDE 3 SHAW STREET, KINGSLAND - URGENT DECISION FOR APPOINTMENT OF INDEPENDENT PLANNING COMMISSIONERS

    That the urgent decision of the Planning Fixtures Committee, dated 24 September 2007, be received.

    CARRIED

12. 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	"Jenny's" Road, Tryphena, Great Barrier Island - 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 approve land use consent to undertake roading works to form part of the legal 'paper' road commonly known as "Jenny's" Road at Tryphena. 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 12.58 pm.