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Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES COMMITTEE
HELD ON TUESDAY, 9 OCTOBER 2007 AT 11:04 AM
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PRESENT: |
Councillors: |
Faye |
Storer |
[Chairman] |
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Christine |
Caughey |
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Bill |
Christian, JP |
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Glenda |
Fryer |
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Graeme |
Mulholland, JP |
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ALSO PRESENT: |
His Worship the Mayor, Dick Hubbard, ONZM,
JP |
[Until 11.32am, item 4.2] |
 APOLOGIES
There were no
apologies.
CONFIRMATION OF MINUTES
That the minutes
of the Planning Fixtures Committee meeting held on Tuesday, 2 October 2007 be
confirmed as a true and correct record.
CARRIED
EXTRAORDINARY BUSINESS
There was no
extraordinary business.
SIGNS BYLAW APPLICATIONS
4.1. 1048-1050 GREAT SOUTH ROAD, MOUNT WELLINGTON
DECISION ONE:
FREESTANDING SIGN
That the application by Philip Lendich for a dispensation
for a free standing sign advertising 'New Zealand Generator Hire', which
infringes:
- clause 27.6.4.6, as the sign is 2.2 metres higher and
the area of the sign is 26.4m² greater than the bylaw provides for
at 1048-1050 Great South Road, Mount Wellington,
described as Lot 12 DP 168505 6593 m², CT 102C/234, be declined for the
following reasons:
- The degree of
non-compliance with the bylaw is considered to be more than minor and the
effects of the non-compliance are significant as the dominant nature of the sign
contributes to the visual clutter of signage in the immediate surrounding area
- The non-compliance with
the bylaw will be contrary to the objectives of the signs bylaw
- The size, form and scale
of the proposed free standing sign is not considered to be sympathetic with the
existing environment, as it will be overly dominant within the surrounding built
environment and with regard to signage in the immediate vicinity.
CARRIED
Note: Cr Christian requested his vote
against Decision One be recorded.
DECISION TWO: EXISTING ROOF
TOP SIGN
That the application by Philip Lendich for a dispensation
for a roof top sign advertising 'New Zealand Generator Hire', which infringes:
- clause 27.2.1.2, as the sign measuring 9.8 metres in
length by 1.9 metres in height is located above the roof of the building
at 1048-1050 Great South Road, Mount Wellington,
described as Lot 12 DP 168505 6593 m², CT 102C/234, be granted for the following
reasons:
- The degree of
non-compliance with the bylaw is considered to be minor, and the effects of the
non-compliance will be of little significance
- The non-compliance with
the bylaw will not be contrary to the objectives of the bylaw
- The proposed sign
provides information to the public about the subject premise without detrimental
effects on the surrounding environment
- The proposed sign is considered to be reasonably sympathetic with the
existing environment, and it will not be overly dominant within the
surrounding built environment and signage
in the immediate vicinity
- The proposed sign will
not obstruct views
- The proposed signage will
not create any adverse traffic safety effects.
This application is approved in part subject to the
conditions that follow.
Activity in Accordance with
Application and Plans
- The sign above the roof
shall be in accordance with the plans and all information submitted with the
application, being described as:
- application plan entitled Caroma Broadway Park Broadway
Developments Ltd, labelled Site Plan (identifies 'Proposed Site of New Sign)
- photograph of the existing sign entitled 'Photograph of
Existing Above Roof Sign'
and all information
referenced by the council as LUC20060766201.
ADVICE NOTES
The applicant needs to obtain all other necessary
consents and permits, including those under the Building Act 2004, and comply
with all other relevant Council Bylaws.
CARRIED
[ATTACHMENT 4.1A and 4.1B]
Note: His Worship the Mayor did not vote on item 4.1.
That item 5.1 be taken at this point.
CARRIED
4.2. 2-8 DOCKSIDE LANE, AUCKLAND CENTRAL
Secretarial Note: The application to install a sign
advertising 'The Apartment Living Group' was amended by re-locating the proposed
position of the sign, at the meeting at the request of the applicant.
That this application for dispensation from Part 27 (Signs
2007) of the Auckland City Consolidated Bylaw by Danswan Group Limited, to
install a sign advertising 'The Apartment Living Group' on the north-western
façade of 'The Docks' at 2-8 Dockside lane Auckland Central be approved for the
following reasons:
- The proposed signage is considered to be acceptable within the
character of the locality and will not significantly adversely affect the
amenity of the locality.
- The degree of non-compliance with the bylaw is considered to
create less than minor adverse effects on visual amenity.
- The content of the proposed sign will relate directly to
activities within the building on which they are to be placed.
- The sign is considered to be well designed, and to fit the
architecture and scale of the building on which it is to be placed.
This application is approved subject to the following conditions:
- The proposed activity shall be carried out in accordance with the
approved plans and all information submitted as part of this application
prepared by Artcraft Signs (2004) Limited and referenced by Council as
LUC20070489201 except that the proposed sign and location shall be amended as
follows.
- the sign shall be placed on the western facade of the
building in the vicinity of 'The Docks' naming sign (the location shown on
Attachment 1 to the decision)
- the sign shall be placed at least 500mm from the top
edge of the wall on which it is mounted
- the sign shall have back lighting designed to
illuminate the letters only
- the background colour of the sign will be the same
colour as the wall on which it is placed.
- This exemption shall expire 6 months after the date of approval
of the exemption unless the sign has been erected in accordance with the
approved plans before the end of that period.
- If sight lines to the sign become impaired for any reason, the
sign shall not be able to be relocated / moved so as to increase non-compliance
with the bylaw without further separate dispensation.
ADVICE NOTE
- The applicant needs to
obtain all other necessary consents and permits, including those under the
Building Act 2004, and comply with all other relevant Council Bylaws.
CARRIED
[ATTACHMENT 4.2A, 4.2B and 4.2C]
Cr Fryer requested her vote against item
4.2 be recorded.
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. PROPOSED 66 QUAY STREET (2-8 DOCKSIDE LANE), AUCKLAND CENTRAL
That pursuant to sections 93, 94, 94A, 94B,
94C, and 94D of the Resource Management Act 1991, this application be processed
without notification or service of notice because:
- for the purposes of section 93, the adverse effects on
the environment arising from the change of condition will be less than minor so
no public notification is required
- for the purposes of section 94, no persons are
considered adversely affected by the condition
- in terms of section 94C(2) there are no special
circumstances to warrant notification of the application.
That pursuant to sections 104B and 127 of the Resource
Management Act 1991, the discretionary activity resource consent application by
Artcraft Signs (2004) Limited on behalf of the consent holder, Dockside Trust,
to change condition (4) of resource consent (LUC20040006401) relating to signage
at 2-8 Dockside Lane, Auckland Central be granted consent, subject to
conditions.
Reasons for the Decision
That pursuant to section
113(1)(a), the reasons for this decision are:
- the change to
condition (4) will result in no additional adverse effects on the environment,
as the intent is to enable future proposed signage to undergo a separate and
appropriate approval process under the Consolidated Bylaw.
Relevant Statutory Provisions
That pursuant to sections 113(ab). (ac), (ad), and
(ae), the following relevant statutory provisions have been taken into account
in the assessment of this application: Part II and sections 36, 93, 94, 94A,
94B, 94C, 100, 104, 104B, 113 and 127.
Relevant Plan Provisions
The following relevant plan provisions have been
taken into account in the assessment of this application: Auckland City
Operative District Plan 2004 - Central Area Section, including Part 4.2 (SMA 2),
and 14.13 (Quay Park Precinct).
Principal Issues in
Contention
There are no principal issues in contention. The
applicant seeks a mechanism to enable potential signage to be assessed under the
Consolidated Bylaw.
Summary of Evidence
The evidence considered in
making this decision includes:
- the consent application form
- photomontage, prepared by Artcraft Signs (2004) Ltd and
date stamped 24 September 2007
- emails from:
- Roger Hawkins of Artcraft Signs (2004) Ltd, dated 24 September 2007
- Craig Kells,
Dockside Trust, dated 2 October 2007
- dispensation application (LUC20070489201).
Main Findings of Fact
The committee considers that
the main 'findings of fact' are that:
- a discretionary application (LUC20040006401) was
granted resource consent on 21 September 2004 to construct a 7-level building
with 190 residential apartments and 6 commercial units at 60 Quay Street (2-8
Dockside Lane), subject to condition (4) which limited signage to ground floor
level or below
- the proposed change to condition (4) of LUC20040006401
will result in no physical changes to the approved building, but will enable
future proposed signage to be assessed under the Consolidated Bylaw
- the activity is located within Strategic Management
Area 2 (Harbour Edge SMA) and the Quay Park Precinct under the Auckland City
Operative District Plan 2004 - Central Area Section.
Conditions of Consent
Condition (4) of resource consent LUC20040006401
shall be deleted and replaced with the following new condition (4):
Condition (4)
No billboards or signage, except signage related
to on site activities in accordance with the signs bylaw, or any granted
dispensation, shall be permitted on the building.
CARRIED
Note: His Worship the Mayor did not vote on item 5.1.
5.2. 109 WELLESLEY STREET WEST, AUCKLAND CENTRAL
That pursuant to sections 93 and 94 of the
Resource Management Act 1991, this application be processed without notice
because:
- for the purposes of section 93(1), the adverse effects
of the proposal on the environment will be minor, and, as such, no public
notification is required. In particular, the proposal is consistent with the
character, amenity and streetscape of the locality, and the design, appearance,
bulk and location are of a scale that is complementary with existing buildings
and activities in the locality. Furthermore, any adverse traffic effects of
reverse manoeuvring, stack parking, loading and access onto a Defined Road
Boundary can be mitigated by conditions of consent
- for the purposes of section 94, no persons are
considered adversely affected by the activity
- in accordance with section 94C(2), there are no special
circumstances that warrant notification of the application.
That pursuant to section 100 of the Resource Management
Act 1991, the hearing of this application be dispensed with as unnecessary
because the applicant has agreed in writing that the recommended conditions of
consent are acceptable.
That pursuant to section 104C of the Resource Management
Act 1991, the restricted discretionary activity resource consent application by
Trustees of The Glucina Trust to make additions and alterations to an existing
commercial building on the site at 109 Wellesley Street, Auckland Central (LOT 2
DP 181427, CT NA112C/603), as described in the application material and plans by
Hamish Firth and Ashton Mitchell Architects, all referenced by the council as
LUC20070383201, which involves the following:
- refurbishment of the existing building for office use,
including an additional floor
- reverse manoeuvring onto Wellesley Street (and arterial
road)
- vehicle access within a Defined Road Boundary
- non-provision of a loading space
- two pairs of stacked parking spaces
- non-compliance with the Street Frontage and Alignment
Height Control
shall be granted consent subject to the conditions which
follow.
Pursuant to section 113(1)(a) of the Resource Management
Act 1991, the reasons for this land use resource consent are as follows.
- In terms of section
104(1)(a) of the Act, and subject to recommended conditions of consent, the
proposal is consistent with the character, amenity and streetscape of the
locality, and the design, appearance, bulk and location are of a scale that is
complementary with existing buildings and activities in the locality.
Furthermore, any adverse traffic effects of reverse manoeuvring, stack parking,
loading and access onto a Defined Road Boundary can be mitigated by conditions
of consent.
- In terms of section
104(1)(b) of the Act, the proposal is consistent with the relevant policy
statements and plans including the objectives, policies and assessment criteria
of the Operative Plan including sections 3.5 (Resource Management Objectives and
Policies), 4.4 (Western Strategic Management Area), 8 (Financial Contributions)
and 9 (Transportation), Plan Change 1 (Victoria Quarter) and Part 15
(Development Control Modification).
- In terms of section
104(1)(c) of the Act, all relevant matters have been taken into account
including monitoring and financial contributions.
- The activity is consistent
with Part II of the Act.
Pursuant to sections 113(1)(aa),
(ab), (ac), (ad), and (ae) of the Act:
Relevant Statutory Provisions
The following relevant statutory provisions have been
taken into account in the assessment of this application: Part II and sections
93, 94, 94A, 94B, 94C, 94D, 104, 104C and 113.
Relevant Plan Provisions
The relevant parts of the Auckland City Operative
District Plan 2004 Central Area Section were considered to be sections 3.5
(Resource Management Objectives and Policies), 4.3 (Western Strategic Management
Area), 8 (Financial Contributions), 9 (Transportation) and Proposed Plan Change
1 - Victoria Quarter.
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
In summary, sufficient information to consider the
application was available, including:
- the application all referenced by the council as
LUC20070383201, including the AEE (including further information), dated June
2007, prepared by Hamish Firth
- architects statement by Ashton Mitchell Architects,
dated 31 May 2007
- Traffic Impact Assessment by Bryce Hall of Traffic
Planning Consultants, dated May 2007
- record of Urban Design Panel Meeting, dated 25 May 2007
- traffic report by the council's Consultant Traffic
Engineer - Pravin Dayaram, dated 6 August 2007
- Development Engineering report by Scott Paton, dated 27
June 2007
- report by the council's Consultant Urban Designer, John
Mackay, dated September 2007.
Main Findings of Fact
The committee considers that the
main 'findings of fact' are that:
- under the Auckland City Operative District Plan 2004
Central Area Section the site is located in SMA 3 (Western) and in a less
Pedestrian Orientated area
- the site and development is subject to Proposed Plan
Change 1 (Victoria Quarter) to the Auckland City Operative District Plan 2004
Central Area Section. This plan change places the site in a Pedestrian
Orientated area
- the office activity to be located within the building
is a permitted activity under the District Plan
- the proposed number of parking spaces is permitted by
the District Plan
- the proposal complies with all applicable height and
bulk requirements of the Operative District Plan but does not meet the minimum
frontage alignment and height requirement of Proposed Plan Change 1 (19m above
Mean Street Level)
- the proposal requires assessment for stacked parking,
access within a Defined Road Boundary, waiver of a loading space and reverse
manoeuvring onto an arterial road
- under Proposed Plan Change 1, the additions and
alterations to the existing building require assessment for design and
appearance reasons
- the proposal has been reviewed favourably by the
council's Consultant Traffic Engineer, with additional mitigation measures
proposed being accepted by the applicant as part of the application
- the proposal has been reviewed favourably by the
council's Consultant Urban Designer.
Conditions of Consent
Pursuant to section 108 of the Resource Management Act
1991, this consent is subject to the conditions that follow:
General
- Except where otherwise
required by the conditions that follow, the proposal shall take place in
accordance with the assessment of effects and additional information submitted
with the application and as shown on the plans, prepared by Ashton Mitchell
Architects, entitled "Proposed Bulk and Location Concept - 109 Wellesley Street
West", being:
- "Ground and First Floor Plan", sheet no SK -01, dated
31 May 2007
- "Second and Roof Floor Plans", sheet no SK -02,
dated 31 May 2007
- "Street Elevations", sheet no SK -03, dated 31 May 2007
- "Aerial View of Proposed Building"
- "Proposed entry lobby".
all referenced by the
council as LUC20070382301.
Construction
- Prior to any works
commencing on site, the resource consent holder shall submit for the approval of
the council (Resource Consents Monitoring Leader (RCML), Auckland City
Environments ("ACE")), a traffic management plan. The plan shall also address
all traffic management details as listed in Appendix 1 to these conditions of
consent. Note: The RCML shall consult with the Manager: Transport Safety,
Assets & Operations.
All work on the site
shall be carried out in accordance with the approved traffic management plan
required by this condition.
- The consent holder shall
provide to the satisfaction of the council (RCML) and prior to construction
commencing, a construction management plan specifying:
- who the site manager is and contact details (phone,
facsimile, postal address)
- measures to be adopted to maintain the site in a tidy
condition in terms of disposal/storage of rubbish, storage and unloading of
building materials and similar construction activities
- procedures for controlling and removal of construction
materials from public roads or places
- proposed numbers and timing of truck movements
throughout the day
- location of workers conveniences (eg portoloos)
- ingress and egress to and from the site for demolition
and construction vehicles
Note: The RCML shall
consult with the Manager: Transport Safety, Assets & Operations.
All work on the site
shall be carried out in accordance with the approved construction management
plan required by this condition.
- The loading and unloading
of all vehicles and storage of materials, plant and equipment associated with
the building construction, shall take place within the site boundaries of this
application unless otherwise allowed by the prior written approval of the
council (Manager: Transport Safety, Assets & Operations).
- Prior to any works
commencing on the site, the resource consent holder shall obtain the approval of
the council (Manager: Transport Safety, Assets & Operations) for the proposed
method of protection of footpaths and underlying services affected by the
movement of vehicles to and from the site and by works being carried out on the
site. Proposed methods may include the laying of timber planks or the provision
of a reinforced concrete overlay. The method selected will depend on how the
footpath will be impacted by vehicles.
- Should any damage occur
in the course of development of the site, the consent holder shall bear all
costs relating to the reinstatement of the affected footpath, street furniture
and trees and/or affected services. All reinstatement work shall be carried out
at the direction and to the satisfaction of the council (Manager: Transport
Safety, Assets & Operations).
- All site works shall be
carried out so as not to create a dust nuisance on the site and the surrounding
area. In order to prevent the dispersal of dust and other particles from
adversely affecting adjoining sites, the consent holder shall dampen the area of
earthworks so that the emission of dust and other particles is minimised.
- All construction works
including mechanical digging equipment and/or commercial earth moving equipment
shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday, and
from 8.00am to 4.00pm Saturday. No works shall be undertaken on Sundays and
public holidays. This is to ensure amenity is maintained for surrounding
neighbours. Crane erection, removal and jumps may be undertaken outside of
these hours with the
specific approval of the council (Manager: Central Area Planning).
- There shall be no
movement of heavy vehicles to and from the site during the peak traffic periods
of normal working days between the hours from 7.00am to 9.00am, and from 4.00pm
to 6.00pm unless otherwise approved by the council (Manager, Transport Safety,
Assets & Operations) having regard to Condition (8) on work hours.
- All construction
activities carried out on the site shall be designed and conducted in a manner
such that any noise from the site shall not exceed the noise limits in rule
7.6.4 of the Auckland City Operative District Plan 2004 Central Area Section.
- The existing footpath
crossing to Wellesley Street shall be reinstated to comply with rule 9.7.3.3
Footpath Crossings of the District Plan. The crossing shall be designed and
constructed to the same levels as the footpath on either side of the crossing
(save for condition (12) below), using the same materials, patterns and finish
as the footpath on either side of the proposed crossing to the satisfaction of
the council (Manager: Transport Safety, Assets & Operations). The crossing
levels must be the continuation of the levels of the footpath on either side of
the proposed crossing and not changed to marry-in with site levels.
- The vehicular kerb
crossing transition from road level to footpath level shall not intrude more
than 500mm from the kerbline into the footpath, to the satisfaction of the
council (Manager: Transport Safety, Assets & Operations).
- That the vehicle entrance
shall be constructed to the level of quality shown on the drawings with a woven
mesh door, and a feature lightbox wall internally to provide light at night, to
the satisfaction of the council (RCML).
Traffic and Parking
- A maximum of four (stacked
parked) cars shall be permitted to park on the site at any one time.
- All car parking spaces
shall be allocated specifically to the tenants of the premises and are not to be
leased to a third party
- In the event that the
building is unit titled or subdivided then each pair of stacked parking spaces
shall be held under a single title and allocated to a single tenant.
Financial Contribution
- The resource consent
holder shall have paid to the council as a reserve contribution prior to the
commencement of any building development in accordance with this consent, an
amount equal to 1% of the value of work of the development as determined by the
council. For this purpose the assessed value of work shall be as defined in
Part 16 of the Auckland City Operative District Plan 2004 Central Area Section.
Monitoring
- The consent holder shall
pay to the council a consent compliance monitoring charge of $700 (inclusive of GST), plus any additional monitoring charge or charges to recover the actual and
reasonable costs that are 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 $700 (inclusive of
GST) charge must be paid as part of the resource consent fee and the consent
holder will be advised of the additional monitoring charge or charges as they
fall due. Such additional charges are to be paid within one month of the date
of invoice.
Administrative Charges
- The resource consent
holder shall pay any administrative charge fixed in accordance with section
36(1) of the Resource Management Act 1991 or any additional charge required
pursuant to section 36(6) of the Resource Management Act 1991, wherever
appropriate.
ADVICE NOTES
- The Consent Holder shall be advised of the council's requirements
outlined in Metrowater Development and Connection Standards issued Feb 2005,
particularly the requirements for:
- on - site separation of private drainage reticulation
- clearance requirements for works in relation to Public
Services
- protection of services in relation to construction
activities
- water supply connections
- details shall be provided with the building consent
application.
- Booster pumps and/or
header tanks for internal water supply may be required at a cost to the Consent
Holder. Further details shall be provided with the building consent application.
- Private drainage systems
shall be required to be separated. Further details shall be provided with the
building consent applications.
- Abandoned private
drainage is to be sealed off to the satisfaction of the council. Details are to
be supplied with the building consent application.
- 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.
- This resource consent
will expire five years after the date of commencement of consent unless: (a)
some other date is specified in the consent; (b) it is given effect to before
the end of that period; or, (c) upon an application made prior to the expiry of
that period (or such longer period as is fixed under section 37 of the Resource
Management Act), the Council fixes a longer period. The statutory considerations
that apply to extensions are set out in section 125(1)(b) of the Resource
Management Act 1991.
- A copy of this consent
should be held on site at all times during the establishment and construction
phase of the activity.
- 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.
- 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.
- This consent does not
constitute building consent approval. Please check as to whether or not a
building consent is required under the Building Act 1994. 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.
- 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.
- Where as a result of more
detailed design being carried out on a proposed building, significant
differences arise between the plans approved as part of a land use resource
consent, and those plans intended to be submitted for a building consent, the
resource consent holder should contact council town planning staff to ascertain
whether or not a further resource consent or a change in consent conditions is
required to meet those changes.
- Where plans submitted for
a building consent include changes or additional works which require a new
resource consent or changes to an existing resource consent and for which no
such authorisation has been obtained, the council may under section 37 of the
Building Act 2004, attach a certificate to any building consent issued, to the
effect that none or only some of the proposed building work may be proceeded
with until the further authorisation required under the Resource Management Act,
1991 has been obtained.
- It is essential that the building is allocated a single
standard unambiguous street address for both emergency and administrative
purposes. Contact should be made with the street numbering section of Auckland
City Environments (Oliver Richards, tel 353 9351) in order that any issues
regarding street numbering can be resolved at an early stage.
APPENDIX 1 (TO CONSENT CONDITIONS)
TRAFFIC
MANAGEMENT PLAN FOR CONSTRUCTION ACTIVITIES
The following is a list of
issues that will need to be addressed in detail in any traffic management plan
being prepared for demolition and construction activity. In particular, the
plan is to include specific provision for site management, edge treatment and
site amenity as required by rule 5.6.1 of the Auckland City Operative District
Plan 2004 Central Area.
- ingress/egress to/from site
- materials storage
- truck unloading/loading, particularly hours of
operation and that truck movements shall be outside of peak hours.
- concrete deliveries
- rubbish removal
- truck movements to the site
- truck waiting
- truck
cleaning
- subcontractors vehicles
- workers vehicles
- cranage
- cherry pickers
- pedestrian movements and pedestrian control/safety
- all
weather protection for pedestrians
- needs
of other property owners/occupiers affected by the works and how those needs
will be met (including parking, servicing, access requirements).
- equipment to be used for control of traffic
- details of all signage
- on
street parking controls and liaison with Parking Services
- impact on street lighting
- liaison with emergency services
- liaison with public transport and road transport organisations
- how
to keep footpaths and roadway clean and uncluttered
- site
sheds (on or over the street).
NB
The plan needs to take account of the full potential effects of the activity
on the public space (road, footpath, etc).
The
contractor will need to have evaluated:
- the traffic conditions
- existing traffic and parking controls
- physical features
- visibility restrictions
- requirements of other properties re: access etc.
It is
suggested that for significant construction sites there be someone appointed who
has responsibility and accountability for controlling traffic matters and
ensuring that the agreed traffic management plan is adhered to (eg employ
security officer).
CARRIED
5.3. 260-282 RICHARDSON ROAD, OWAIRAKA
Pursuant to Section 104C of the Resource Management Act 1991, the non-notified
Restricted Discretionary activity land use resource consent application by
The
Roman Catholic Bishop to remove 2 x Cabbage, 3 x Macrocarpa, 1 x English Oak, 1
x Pohutukawa, and 1 x Pine from land located at the rear of 260 - 282 Richardson
Road, Owairaka be granted consent.
Lapsing of consent
Pursuant to section 125 of the Resource Management Act 1991, this resource
consent will expire two 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.
The
council considers that because trees are living organisms, two years is an
appropriate timeframe in which to undertake the works. A longer period is
inappropriate as the tree could grow significantly within this time.
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 and 108 (restricted discretionary activity).
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City Operative District Plan 1999 - Isthmus Section, and, in
particular, the following:
- clause 5C.7.3.3.C (General Tree Protection).
Summary of Evidence
This
application was not the subject of a contested hearing, however, the council has
considered the following information:
- the
Assessment of Effects prepared by Paul Hansen of Auckland City Environments.
Principal Issues in Contention
The
application was not the subject of a contested hearing. Accordingly, there were
no issues in contention.
Main
Findings of Fact
The
committee considers that the main 'findings of fact' are:
- the
application relates to the removal of eight Generally Protected trees located at
the rear of 260 - 282 Richardson Road, Owairaka
- the
subject site is zoned Open Space under the Auckland City Operative District Plan
(1999).
Reasons for the Decision
The
reasons for this restricted discretionary activity consent are as follows:
- the tree removals are necessary to provide a practicable building
platform and school parking area
- the works are necessary to install engineering services to the site
- granting of consent will not be inconsistent with the relevant
objectives and policies of the District Plan, or the Act's focus of sustainable
management of physical and natural resources.
Conditions of Consent
Pursuant to section 108 of the Resource Management Act 1991, this consent is
subject to the conditions that follow.
- The trees subject to this application shall only be removed following
the granting of consent LUC20070436001 in relation to the Christ the King School
and Church, to the satisfaction of the Resource Consents Monitoring Leader.
Landscape Plan
- The landscape plan previously approved pursuant to resource consent
LUC20060490301 shall be further enhanced to the satisfaction of the Resource
Consents Monitoring Leader through the inclusion of an additional 10 indigenous
specimen trees that are at least size Pb95 and 1.8m in height at the time of
planting.
ADVICE NOTES
- 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. If the tree/s to which this consent relates are not
located on land owned by the consent holder, the approval of the tree owner/s or
an order to be made by the court under section 129C of the Property Law
Amendment Act 1952 may need to be obtained to give effect to the consent.
- A copy of this consent shall be held on site at all times during work
on trees.
- If you disagree with any of the above conditions 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 shall as soon as practicable consider the
objection at a hearing.
CARRIED
5.4. 595-597 REMUERA ROAD, REMUERA
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, there are no special circumstances to warrant
notification.
Pursuant to sections 104B & 104D of the Resource Management Act 1991, the
non-complying activity land use application by
Resource Management Solutions Limited
to extend an existing medical centre that:
- involves the establishment of an activity within 30m of a Residential Zone
- involves an additional shortfall of one car park on site which has an existing
shortfall of 13
- involves the removal of one loading space with none provided on site
at
595-597 Remuera Road,
Remuera,
described as
LOT 4 PT 3 DP 17923,
CT 1827/57,
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, 104D and 108 (non-complying activity)
- part
II of the Act.
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- clause 8.6.1: Business 1 Objectives
- clause 8.7.1: Activities in Business Zones
- clause 12.8.1.1 Parking Standards
- clause 12.8.1.2 Loading Standards.
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 Emma Morris of Resource Management Solutions
Ltd, dated 20 September 2007
- the
report for a Non-complying activity Land Use Consent application under the
Resource Management Act 1991 at 595-597 Remuera Rd, Remuera (Streamlined Process
Report), by Neeta Deo, Planner, dated 3 October 2007.
Main
Findings of Fact
The
committee considers that the main 'findings of fact' are:
- the
medical centre extension will not be contrary to the objectives and policies of
the Business 1 zone
- the
applicant's proposal will have minor effects on the environment. In particular,
there will be minor traffic and parking effects created by the increase in
shortfall from 13 car parks to 14 car parks
- existing parking available in close proximity to the medical centre is
sufficient to cater for the additional parking demand created by the proposed
extension
- the
proposed extension and minor increase in height because of the addition of
skylights will not adversely affect the streetscape or residential amenity
surrounding the site.
Reasons for the Decision
The
reasons for this discretionary activity consent are as follows:
- the granting of consent to the applicant's proposal will have minor
effects on the environment. In particular, effects relating to traffic, parking,
streetscape and residential amenity will be minor due to the medical centre
extension and proposed new verandah
- there are no assessment criteria for non-complying activities;
however, the restricted discretionary assessment criteria for this activity in
other zones provide a useful guide. The applicant's proposal is consistent with
the assessment criteria, and those relating to a shortfall in car park and
loading space.
- the imposition of the following conditions will ensure that the
effects of the applicant's proposal are minor, and, in particular, that
activities are established in accordance with the approved plans
- 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 section 108 of the Resource Management Act 1991, this consent is
subject to the conditions that follow.
Activity in Accordance with Application and Plans
- The proposed activity shall be carried out in accordance with the
plans and all information submitted with the application, being described as "Remuera
Village Medical Centre", drawn by Matthew Waterfall Architecture Ltd on
sheets entitled:
03.1 Site Survey & Location Plan, dated 17 August 2007
03.2 Floor Plan, dated 17 August 2007
03.3 Elevation, dated 14 September 2007
03.4 Sections & Perspectives, dated 17 August 2007
and referenced by the council as
LUC20070585901.
Monitoring
- The consent holder shall pay the council a consent compliance
monitoring charge of $542.75 (inclusive of GST), plus any further monitoring
charge or charges to recover the actual and reasonable costs that have been
incurred to ensure compliance with the conditions attached to this consent.
(This charge is to cover the cost of inspecting the site, carrying out tests,
reviewing conditions, updating files, etc, all being work to ensure compliance
with the resource consent).
The $542.75 (inclusive of GST) charge shall be paid as part of the
resource consent fee and the consent holder will be advised of the further
monitoring charge or charges as they fall due. Such further charges are to be
paid within one month of the date of invoice.
ADVICE NOTES
- 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.
- 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 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.
- A copy of this consent shall be held on site at all times during the
establishment and construction phase of the activity.
- The consent holder is requested to notify the council, in writing, of
their intention to begin works, a minimum of seven days prior to commencement.
Such notification shall be sent to the Resource Consent Monitoring Leader (fax:
353 9186) 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.
- 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.
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
is payable on this proposal. A notice of assessment will be sent out which
outlines the amount of the contribution payable for this development. Please
contact the Development Contributions team for any queries in this regard.
Please note that with respect to this development, building consents
will not be released, code of compliance certificates will not be issued, and
section 224(c) certificates for subdivisions will not be issued until the
development contribution is paid.
CARRIED
Secretarial Note
That
the Transport Asset Management Group be requested to provide a loading zone on
the road outside of the subject site in the parking space that is gained by
removing the vehicle crossing to the site. This is to enable deliveries and
emergency vehicles to park outside the property.
APPOINTMENT OF COMMISSIONERS
6.1. 15 RIPON CRESCENT, MEADOWBANK
- 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 Japanese Cedar tree at 15 Ripon Crescent, Meadowbank.
The panel is Cr Raffills (Chairman), Board Member Davis and Board
Member Welch (and alternates Cr Millar and Cr Leighton).
- That should the application be heard by Independent Commissioners
during the election period, any two persons from the following panel, as
nominated by the Planning Fixtures Committee, be appointed commissioners to hear
and determine an application to remove a Japanese Cedar tree at 15 Ripon
Crescent, Meadowbank.
The panel is Ms K Ryan (Chairman) and Ms C Hawley (and alternates Ms
K Sinclair and Mrs J Yates).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.2. 132 PENROSE ROAD, MOUNT WELLINGTON
- 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 New Caledonia Pine tree at 132 Penrose Road, Mount
Wellington.
The panel is Cr Raffills (Chairman), Board Member Davis and Board
Member Welch (and alternates Cr Millar and Cr Leighton).
- That should the application be heard by Independent Commissioners
during the election period, any two persons from the following panel, as
nominated by the Planning Fixtures Committee, be appointed commissioners to hear
and determine an application to remove a New Caledonia Pine tree at 132 Penrose
Road, Mount Wellington.
The panel is Ms K Ryan (Chairman) and Ms C Hawley (and alternates Ms
K Sinclair and Mrs J Yates).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.3. 28 ASHBY AVENUE, ST HELIERS
- 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 Pin Oak tree at 28 Ashby Avenue, St Heliers.
The panel is Cr Raffills (Chairman), Board Member Davis and Board
Member Welch (and alternates Cr Millar and Cr Leighton).
- That should the application be heard by Independent Commissioners
during the election period, any two persons from the following panel, as
nominated by the Planning Fixtures Committee, be appointed commissioners to hear
and determine an application to remove a Pin Oak tree at 28 Ashby Avenue,
St Heliers.
The panel is Ms K Ryan (Chairman) and Ms C Hawley (and alternates Ms
K Sinclair and Mrs J Yates).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
6.4. 76 & 78 KELMARNA AVENUE, HERNE BAY
- That any two persons from the following panel, as nominated by the
Planning Fixtures Committee, be appointed commissioners to hear and determine a
S357B(a) objection, relating to a number of concerns about the total amount of
the council's charges in relation to a previously declined notified application
for resource consent for the site at 76 & 78 Kelmarna Avenue Herne Bay.
The panel is Mr G Macfarlane (Chairman) and Ms K Ryan (and
alternates Ms C Hawley, Mr J Hill, Mr D Chandler and Mr R Gee).
- That the Chairman be authorised to appoint an alternate Commissioner
in the event that none of the above are available.
CARRIED
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
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
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 |
Plan Change 163 - 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 report presents background to negotiations to date
with the appellant who is seeking amendment to the plan change to remove
the provisions that seek garages and car ports to be preferentially
sited to the rear, side or under buildings rather than on the street
frontage.
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 |
District Plan Isthmus - Plan Changes 123 - Mt Eden Centre Plan, 132 -
Character Overlay, 145 - St Heliers Centre Plan - Environment Court
Appeals |
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
enable the local authority to carry out, without prejudice or
disadvantage, negotiations [including commercial and industrial
negotiations].
In particular, appeals have been lodged with the Environment Court
against the Council's decisions on plan changes 123, 132 and 145 in
relation to the attaching of telecommunications equipment to buildings
within the character overlay and centre plan areas, and the disclosure
of information at this stage would be used by other parties to gain
improper advantage prior to court proceedings.
The exclusion of the public from the part of the meeting is necessary to
enable the local authority to deliberate in private on its decision or
recommendation. |
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 1.00pm.
|
