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Council member and meetings
MINUTES OF A MEETING OF THE
PLANNING FIXTURES SUB-COMMITTEE
HELD ON TUESDAY, 16 OCTOBER 2007 AT 1:05 PM
ADJOURNED AT 2.55 PM AND RECONVENED AT 3.08 PM
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PRESENT: |
Independent Commissioners: |
Mr Les |
Simmons |
[Chairman]
[until 2.55 pm, Item 9] |
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Ms C |
Hawley |
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Mr C |
Stewart |
[until 2.55 pm, Item 9] |
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Mr G |
Macfarlane |
[from 3.08 pm, Item C1] |
 APOLOGIES
There were no
apologies.
CONFIRMATION OF MINUTES
As this is the first
meeting of the Planning Fixtures Sub-Committee, there were no minutes to
confirm.
EXTRAORDINARY BUSINESS
There was no
extraordinary business.
SIGNS BYLAW
APPLICATIONS
There were no signs
bylaw applications to consider.
RESOURCE CONSENT APPLICATIONS AND OTHERS
5.1. 48 GREYS AVENUE, AUCKLAND CENTRAL
That, pursuant to section 93
of the Resource Management Act 1991, this application to construct an apartment
building at 48 Greys Avenue, Auckland Central be processed without public notice
because the adverse effects on the environment of the activity will be minor.
That pursuant to section
94(1) of the Resource Management Act 1991, limited notification is not required
because, although a number of persons have raised matters of concern to them
which the sub-committee has carefully considered, they are not considered to be
adversely affected such that their written approval is required or that
notification is necessary.
That pursuant to section
94(c) of the Resource Management Act 1991, there are no special circumstances to
warrant notification.
CARRIED
[ATTACHMENTS 5.1A AND 5.1B]
5.2. 149 SYMONDS STREET, NEWTON
That, pursuant to sections 93
and 94 of the Resource Management Act 1991, this application be processed
without notice because:
- the adverse effects of the activity on the environment
will be minor
- there are no persons considered to be adversely affected
by the activity.
That, pursuant to section 94C
of the Resource Management Act 1991, there are no special circumstances to
warrant public notification of the application.
Pursuant to sections 104B and
127 of the Resource Management Act 1991, the application by Chunsun Group
Limited to change condition (10) of the resource consent (LUC57010934601) to
extend the hours of operation at 149 Symonds Street, Newton, described as PT
LOTS 11 12 DP 2182, CT 9B/1429, be granted consent.
Pursuant to sections 113 &
127 of the Resource Management Act 1991, the reasons for this determination are
as follows:
Relevant
Statutory Provisions
The following relevant
statutory provisions have been taken into account in the assessment of this
application: Part II and sections 104, 104B, 108, and 127.
Issues
of Contention
The application was not the
subject of a contested hearing as the council generally concurs with the
applicant's assessment. Accordingly, there were no issues in contention.
Summary
of Evidence
This application was not the
subject of a contested hearing. Whilst no evidence has been provided, the
council has considered the following specialists' reports:
- Application Report: "Application to vary Condition 10 of
resource Consent AO/01/9346, decided on 1 February 2002, to Establish an
Entertainment Facility at 149 Symonds Street, Newton", prepared by Steven
Dietsch, dated 11th June 2007
- memo from the council's Environmental Noise Specialist
Jacqueline Ahmu, dated 19 September 2007.
Main
Findings of Fact
The main
findings of fact are that:
- the District Plan does not restrict the operating hours
of entertainment facilities
- the proposed change in the hours of operation to 3:00am
will have no different effects nor require any further consents under the
District Plan.
Reasons
for the Decision
Pursuant to sections 113 &
127 of the Resource Management Act 1991, the reasons for this determination
follow.
- The granting of consent to the applicant's proposal to amend condition
(10) relating to extending the operating hours to 3:00am will have no additional
adverse effects.
- 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 127,
condition (10) of the consent be amended to read:
"The activity shall be
restricted to operating between the hours from 6:30pm to 3:00am, seven days a
week."
Pursuant to section 108 of
the Resource Management Act, this consent is subject to the following
conditions:
- The consent holder shall pay the council a consent compliance
monitoring charge of $125 (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 $125 (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.
- Within three (3) months of the commencement of this consent, the
consent holder is to provide a comprehensive acoustic report to the satisfaction
of the council (Resource Consent Monitoring Leader), which shows that the
activity complies within the relevant noise levels of the Operative Auckland
City District Plan 1999 - Isthmus Section.
- If within condition (2), the activity does not comply with the
requirements of the Operative Auckland City District Plan 1999 - Isthmus Section
("District Plan"), then within ten (10) working days of the date that the
acoustic report was submitted to the council, the consent holder shall submit
and have approved details of works to be undertaken to ensure compliance with
the District Plan. This report shall also specify timeframes for the work to be
done and interim control measures.
ADVICE
NOTES
- Please be advised that this consent is to be read in conjunction with
the originally approved consent, and that this consent does not negate the need
to comply with the balance of the conditions of consent.
- The consent holder is advised that the activity must comply with the
noise standards of section 8.8.10.6 (b) of the Operative District Plan 1999 -
Isthmus Section and that these standards must be complied with on an ongoing
basis.
CARRIED
5.3. 359 ONEHUNGA MALL, ONEHUNGA
That, pursuant to section 93
of the Resource Management Act 1991, this application for a new commercial
development, including retail, café and office space, at 359 Onehunga Mall,
Onehunga be processed without public notice because:
- the adverse effects on the environment of the activity for which
consent is sought will be minor.
That, pursuant to section
94(2) of the Resource Management Act 1991, notice of this application be served
on the owners and/or occupiers of the following properties:
|
Owner / Occupier |
Address |
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RC & GM Wedderburn |
24 Cardwell Street, Onehunga |
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DM, JN, & PH Easterbrook, Q Wong, and MP Malcolm
Yellow House and Diamond Cutter Trust |
28 Cardwell Street, Onehunga |
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J Verburg |
30 Cardwell Street, Onehunga |
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HJM Miller and RJ Allcock |
32 Cardwell Street, Onehunga |
|
AW Sands and GJ Broadhurst (c/- Jade Family
Trust) |
34 Cardwell Street, Onehunga |
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HA & EF Hall |
36 Cardwell Street, Onehunga |
|
Auckland City Council |
Tin Tacks Reserve |
|
PH & MD Maggs, KS Joyce, and SC Lovett |
357 Onehunga Mall |
unless the written approval of these persons is
provided to the council.
CARRIED
[ATTACHMENT 5.3A]
5.4. 131 ARTHUR STREET, ONEHUNGA
That, pursuant to sections 93
and 94 of the Resource Management Act 1991, this application be processed
without notice because:
- the adverse effects on the environment of the activity
will be minor
- there are no persons considered to be adversely affected
by the activity.
That, pursuant to section
94C, there are no special circumstances to warrant notification.
Pursuant to section 104B of
the Resource Management Act 1991, the discretionary activity land use
application by Royal Oak Trust Investment to construct a mixed use development
that:
- involves the establishment of four residential units
within the Business 2 Zone
- involves the residential units with habitable room
windows within 3m of a site boundary
- involves a 19 car park space shortfall
- involves a loading space shortfall
- involves four stacked parking spaces
- involves reverse manoeuvring within a defined road
boundary
- involves the operation of an outdoor eating area
- infringes the internal noise control criterion
- is subject to the Façade Control of the Onehunga Centre
Plan
at 131 Arthur Street,
described as LOT 1 DP 74339, CT 30B/775, be granted consent.
The following provisions of
the Resource Management Act 1991 were relevant in the assessment of this
application:
- sections 104, 104B, and 108.
Relevant
Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan
1999 - Isthmus Section, and, in particular, the following:
- clause 4.3.1.2B (Development Control Modification)
- clause 7.7.5.2 (Criteria for Controlled Activities)
- clause 7.8.2.11 (Acoustic Privacy)
- clause 8.8.1.4 (Noise)
- clause 8.8.2 (Business 2 Objectives and Policies)
- clause 8.7.1 (Activities in Business Zones)
- clause 8.7.3.2 (Assessment Criteria for Discretionary
Activities)
- clause 8.7.3.3 (Additional Criteria for Specified
Activities)
- clause 8.7.2.1 (General Criteria for Assessing
Controlled Activities)
- clause 12.8 (Transportation Development Controls)
- clause 12.8.2.3 (Reverse Manoeuvring)
- clause 12.9 (Transportation Activities)
- clause 12.9.1.2 (Criteria for Assessing Discretionary
Activities)
- H10-49 (Onehunga Centre Plan)
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 specialist reports:
- Assessment of Effects prepared by Richard Falconer of
Positive Planning Ltd, undated (received July 2007)
- an Acoustic Report prepared by Michael Riley of JP
Styles Ltd, dated 16 April 2007
- an Acoustic Assessment prepared by Richard Finley of
Norman Disney & Young, dated 30 January 2007
- a Transportation Assessment Report prepared by Max
Robitzsch of Traffic Design Group Ltd., dated 13 December 2007
- an Addendum to the Transportation Assessment Report,
prepared by Don McKenzie of Traffic Design Group Ltd., dated 9 May 2007
- a letter prepared by Don McKenzie of Traffic Design
Group Ltd., dated 6 July 2007
- a Traffic Impact Assessment Review prepared by Sam
Shumane of Shumane Consultancy, dated 14 August 2007
- an Engineering Infrastructure Assessment Report prepared
by Paul Culley of MSC Consulting Ltd
- a Land Management Plan prepared by Paul Culley of MSC
Consulting Ltd., dated August 2006
- a Memo prepared by Hock Lee, the council's Development
Engineer, dated 22 June 2007.
Main
Findings of Fact
The main
findings of fact are that:
- having had regard to the professional views contained
within the application documents and peer reviews, it is considered that the
effects of the proposal on the environment would be minor. In particular, it is
considered that adverse effects of the proposal with regard to Parking Spaces,
Parking Functionality, Loading Bay, Streetscape and Neighbourhood Character,
Construction, Sediment and Erosion, Noise and Infrastructure would be minor
- no persons are considered to be adversely affected by
the proposal
- the proposal is considered to be consistent with the
relevant assessment criteria and Objectives and Policies of the Business 2 Zone.
Reasons
for the Decision
The
reasons for this discretionary activity consent follow.
- The granting of consent to the application would have minor adverse
effects on the environment. In particular, adverse effects of the proposal with
regard to Parking Spaces, Parking Functionality, Loading Bay, Streetscape and
Neighbourhood Character, Construction, Sediment and Erosion, Noise and
Infrastructure would be minor.
- The granting of consent to the application is consistent with the
objectives and policies of the District Plan, and, in particular, the relevant
objectives and policies for the Business 2 Zone. The granting of consent to the
application is consistent with the relevant criteria for discretionary
activities; in particular, those criteria relating to parking space shortfall,
residential units, non provision of a loading space, reverse manoeuvring,
stacked parking spaces, a manoeuvring aisle that does not meet the dimension
standards of the plan, not meeting the internal noise control standard, and
habitable room windows within 3m of a side boundary.
- The imposition of the following conditions will ensure that the
effects of granting the application are mitigated; in particular, that parking
spaces are allocated correctly, that the basement parking area is well
illuminated and contains appropriate traffic calming and pedestrian warning
devices, that the mobility/loading parking space is identified with signage,
that the development is constructed to meet appropriate noise standards, that
infrastructure connections are properly constructed, that earthworks effects are
controlled and that adjoining council landscaping is maintained as far as
possible by the proposed works.
- The application is consistent with the objectives and policies of the
District Plan and the sustainable management purpose of the Resource Management
Act 1991.
Conditions of Consent
Pursuant to section 108 of
the Resource Management Act 1991, this consent is subject to the following
conditions:
Activity in Accordance with
Application and Plans
- The activity shall be carried out in accordance with the plans and all
information submitted with the application, being described as New Mixed Use
Development 131 Arthur Street Onehunga 'RC01, Rev. D, RC02, Rev. D, RC03 Rev. C,
RC04 Rev. C', dated 19/06/07, prepared by Godward Guthrie Architecture Ltd. and
referenced by the council as LUC20070064501.
Monitoring
- 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).
The consent holder will be
advised of any further monitoring charge or charges as they fall due. Such
further charges are to be paid within one month of the date of invoice.
Traffic
and Parking
- Parking spaces within the basement shall be allocated as identified on
drawing 'RC02 Rev. D, dated 19/06/07'. (The apartments shall be referenced from
north to south as units '1' to '4'.)
- All parking spaces within the basement shall be clearly marked with a
sign that states the allocated user, as referred to in condition (3) above.
- An automated ventilation system shall be installed within the basement
car park area to ensure that car exhaust fumes are dispelled from the car park
area. The system shall be designed in a manner that ensures fumes are not
directed toward the outdoor café area at the northern end of the building.
- Sensor lighting shall be installed in the internal basement car park.
Sensors shall be placed to activate upon movement within the northern and
southern areas of the basement, and upon the movement of vehicles within the
vehicle entrance point. Lighting shall adequately illuminate all areas within
the basement car park, including the vehicle entry/exit point, and the stairwell
entry and exit points.
- A judder bar shall be placed immediately at the gate to the basement
car park area.
- A judder bar shall be placed 2m inside the boundary at the Arthur
Street access.
- A sensor activated audio and visual pedestrian warning device shall be
installed at the basement car park entrance in order to warn pedestrians of
exiting vehicles. The pedestrian warning system shall include a visual device
mounted on the exterior of the building.
- A sensor activated audio and visual pedestrian warning device shall be installed
at the southern end of the loading/mobility car park space area in order to warn
pedestrians of exiting vehicles. The pedestrian warning system shall include a
visual device mounted 1.5m high at either side of the northern end of the
loading space area.
- The use of the loading space for deliveries shall be limited to before 9:00am
and after 5:00pm on weekdays.
- The loading /mobility car park space shall be clearly marked with a sign that
shows that the car park space shall be exclusively used as a mobility space
during the hours from 9:00am to 5:00pm on weekdays, and may be used as a loading
space at other times.
Reinstatement of Kerbs and Crossings
- Any unused vehicle crossing shall be removed, and any kerbs and footpaths
reinstated accordingly.
Noise
- The consent holder shall submit, prior to any works commencing on the site, a
Construction Noise Management Plan, (CNMP) to the satisfaction of the council's
Resource Consents Monitoring Leader, Regulatory Services, Auckland City Council.
The CNMP shall specify the following as a minimum:
- identification of any noisy construction activities that may
potentially approach or breach the appropriate noise levels
- for each noisy activity identified mitigation methodologies should be
identified, approximate noise levels predicted and noise monitoring procedures
specified
- the name and mobile phone number for the project manager, or other
such person that is responsible for the works on the site.
- Construction noise shall comply with the provisions of NZS 6803P:1984 -
Measurement and Assessment of Noise from Construction, Demolition and
Maintenance Work. The penalty for work of duration longer than 18 weeks
contained in section 6.1.2 of the standard shall be applied.
- The consent holder shall employ the services of a suitably qualified acoustics
engineer to oversee the selection, location, and, if necessary, noise mitigation
of the building's heating and ventilating systems, and any external mechanical
plant to ensure that the noise levels specified in Rule 8.8.1.4.B of the
District Plan are complied with. All noise sources shall be assessed
cumulatively.
- Prior to occupation of any residential unit on the site, the consent holder
shall submit a report from a suitably qualified acoustic engineer that confirms
that the building has been designed and constructed to achieve the following
internal noise levels:
- in all bedrooms:
00 pm - 7.00 am, no more
than 35dBA (L10)
00 am - 10.00 pm, no more
than 45dBA (L10). In all other habitable rooms, no more than 45dBA (L10). This
is based on the noise level at the boundary of the being 60dBA (L10), with an
average design spectrum to be determined by field measurements of the relevant
noise sources, (for each façade) - at the same time and under the same physical conditions as the
internal noise levels in (i) above, all bedrooms and other habitable rooms will
be adequately ventilated in accordance with the Building Code
- in assessing compliance with the ventilation requirements of the
Building Code for the purposes of part (ii) of this rule above, no source or
means of ventilation shall be taken into account unless: It is available at all
times while achieving the internal noise levels required under part (i) of this
rule. For example, adjustable doors, windows or louvres may not be relied upon
to meet the ventilation requirements of the Building Code if they can be
adjusted to allow internal noise levels to exceed those specified in part (i) of
this rule, above
- the noise shall be measured with a sound level meter complying at
least with the International Standard IEC 651 (1979): Sound Level Meter, Type 1.
5.
- The cafe courtyard shall have no amplified or live music between the
hours of 2200 hrs and 0700 hrs and must be vacated between the hours of 2200 hrs
and 0700 hrs.
Stormwater
- The consent holder shall discharge the stormwater into the existing public
stormwater pipe located along Arthur Street.
Wastewater
- The consent holder shall provide wastewater connections to the existing public
sewer that traverses 133 Arthur Street.
Water
Supply
- The consent holder shall provide the Resource Consents Monitoring Leader,
Regulatory Services, Auckland City Council with a written statement from the NZ
Fire Service stating the "Fire Risk Classification" of the development and that
the development complies to the "NZ Fire Service Code of Practice For Fire
Fighting Water Supplies."
Earthworks
- 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 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.
- To further prevent silt/sediment contamination:
- surplus excavation material (except for those to be re-used) shall be
removed from the site within one week
- exposed earthworks material, including fills, shall be protected from
erosion by suitable covers within one week.
- In addition, the earthworks and site construction shall follow the
recommendations of MSC Consultant's report dated August 2006. Particular care
shall be required such as:
- removal of existing structures and associate building material
- work methods/requirements for compaction and fill placement
- engineering supervision and direction requirements and upon
completion a suitably experienced geotechnical engineer shall prepare an
Earthworks Completion report
- stabilisation of exposed earthworks
- ground water conditions.
Further details shall be
provided with the building consent application.
Retention of Landscaping
- During all stages of construction the consent-holder shall take all necessary
measures to ensure that the landscaping within the council owned land directly
adjoining the site to the west is protected, with the exception of the
landscaping that will be required to be removed for the formation of vehicle and
pedestrian access.
- Prior to the commencement of work on the site, the consent holder shall lodge
the sum of $5000 with the council as security for the performance of condition
(25).
- The consent holder shall either lodge the bonded sum with the council
as a cash deposit or execute a guaranteed bond agreement, with a registered
trading bank as the surety.
- The bond document shall be prepared by the council. The consent
holder shall pay to the council any costs incurred by the council in relation to
the preparation, execution, variation or release of the bond.
- The bond shall be held until such time as the building is completed
and any necessary re-establishment of planting undertaken to the satisfaction of
the council's Resource
Consent Monitoring Leader, and the consent holder has paid the council's costs.
Construction Management Plan
- Prior to commencement of any works on the site, the consent holder shall provide
to the council (Resource Consent Monitoring Leader, Regulatory Services,
Auckland City Council), a 'Construction Management Plan' that shall include
specific details relating to the construction and management of all works
associated with this development, and include (if relevant):
- details of the site manager, including their contact details (phone,
facsimile, postal address). A telephone number for after hours emergencies shall
also be supplied
- the location of a large noticeboard on the site that clearly
identifies the name, telephone number and address for service of the site
manager
- the site address to which the consent relates
- any means, such as a restriction on the size of construction vehicles
and machinery accessing the site, required to ensure that no damage occurs to
trees on site or adjacent to the site, throughout the construction period
- any means of protection of services such as pipes and water mains
within the legal road
- 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
- location of workers' conveniences (e.g. portaloos)
- ingress and egress to and from the site for vehicles during site works
period
- any restrictions to vehicle access to the site
- procedures for controlling sediment run off, dust and the removal of
soil, debris and construction materials from public roads or places (including
identifying the location of wheel wash facilities)
- proposed hours of work on the site. These shall be within the limits
fixed by the District Plan
- location of vehicle and construction machinery access during the
period of site works.
The approved 'Construction
Management Plan' shall be implemented and maintained throughout the entire
period of the works.
Financial Contribution
- In accordance with clause 4B.5 of the Auckland City Operative District Plan
1999: Isthmus Section, a contribution of 5.5% is due. As per clause 4B.5.5(b)(v)
of the District Plan, the 146.70m2 of additional commercial floor
space located at level that is for non-retail use qualifies for a 50% reduction.
Accordingly, this part of the contribution will be at 2.75%. Based on a total
additional commercial floor area of 435.73m2 (comprised of 145.73m2
+ 128.04m2 assessed at 5.5% and 1610m2 assessed at 2.75%)
at an average cost of $1,929.26 (excluding GST) this results in a contribution
payable of $37,642.27 plus GST of $4,705.28 for a total amount payable of
$42,347.56.
The consent holder shall pay the required
contribution to the council by bank cheque or electronic transfer, prior to the
issue of the Building Consent for this development.
Signs
- Any signs on the
site shall comply with the provisions of the Auckland City Consolidated Bylaw
Part 27.
ADVICE
NOTES
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
is payable on this proposal. A notice of assessment will be sent out which
outlines the quantum of the contribution payable for this consent. Please note
that with respect to this development, building consents will not be released,
code of compliance certificates will not be issued, and section 224(c)
certificates for subdivisions will not be issued until the development
contribution is paid.
If further consents are
applied for in respect of this development, the contribution amount may be
re-calculated at that time.
Please contact the
Development Contributions team for any queries in this regard.
- 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.
- Network user charges for stormwater and wastewater may apply to this
development. the consent holder shall contact Metrowater to confirm the
requirements and such charges shall be required at the building consents stage.
- The installation and maintenance of the private stormwater
reticulation shall comply with the requirements of the building code and
relevant Auckland City Council policy and bylaws
- 5. Geotechnical assessment prepared by a professional geotechnical
engineer shall address land stability and modification associated with
earthworks and foundation design of structures
- The applicant is advised that if 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.
- 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.
- 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 council's 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.
- The consent holder will be required to obtain engineering approval
from Auckland City Environments for new connections and/or modifications to the
public stormwater systems.
- The consent holder will be required to obtain engineering approval
from Auckland City Environments for diverting/removing the existing public sewer
manhole NN1367
- The consent holder will be required to ensure that all connections
shall comply with the council's Development & Connection Standards Manual
-
February 2005, including backflow prevention devices where necessary.
- The consent holder will be required to obtain approval from Auckland
City Environments for any required construction and/or alteration to the public
water supply system, including the proposed upgrading of the meter box, where
applicable.
- The potable water connections will be required to comply with the
council's Development & Connection Standards Manual - February 2005, including
backflow prevention devices where necessary
- 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
[ATTACHMENT 5.4A]
5.5. 13 AKIRAHO STREET, MOUNT EDEN
That, pursuant to section 93
of the Resource Management Act 1991, this application to construct a new
residential and commercial development at 13 Akiraho Street, Mount Eden be
processed without public notice.
That pursuant to section
94(1) of the Resource Management Act 1991, notice of this application be served
on the owners and/or occupiers of the following properties:
- 11 Akiraho Street, Mount Eden
- 24 Akiraho Street, Mount Eden
- 26 Akiraho Street, Mount Eden
- 28 Akiraho Street, Mount Eden
- 32
Akiraho Street, Mount Eden
- 9-11
Fenton Street, Mount Eden
unless the written approval of these persons is provided to the council.
CARRIED
5.6. 545 PARNELL ROAD, PARNELL
That,
pursuant to sections 93 and 94 of the Resource Management Act 1991, this
application be processed without public notice or service of notice because:
- the
adverse effects of the activity on the environment will be minor
- 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 sections 104B and 104D of the Resource Management Act 1991, the
non-complying activity land use application by the Parnell Community Trust to
establish a farmer's market that:
- establishes a farmer's market within a Business 8 zone, subject to concept plan
C09-15
- the
proposal involves the alteration of a scheduled heritage building as temporary
market stalls will be located within the 'site surrounds' of the scheduled
Jubilee Building
- involves locating 17 of the required car parks on another site
- involves no provision for a loading space
- involves an activity with access within a Defined Road Boundary
- involves the construction of buildings (albeit temporary structures) outside of
permitted building envelopes pursuant to concept plan C09-15
at
545 Parnell Road, Parnell,
described as LOTS 1-7, 9-18 DP 986 LOT 1A DP 1013 LOTS 5,7,9,11 PT4 DP 894 DP
997A LOTS 1-2 DP 18096, CT 31A/377, be
granted consent.
Pursuant to section 113 of the Resource Management Act 1991, the following
matters have been taken into account in making the decision set out above:
Relevant Statutory Provisions
The
following provisions of the Resource Management Act 1991 were relevant in the
assessment of this application:
- Part
II and sections 104, 104B, 104D, 108.
Relevant Plan Provisions
The
relevant planning documents considered were:
Auckland City District Plan 1999 - Isthmus Section, and, in particular, the
following:
- Concept Plan: C09-15 Parnell Road, Newmarket
- clause 12.8.2.6: Defined Road Boundary
- clause 8.6.8.1: Objectives and Policies: Business 8 zone
- clause 5C.7.1.3: Rules: Buildings, Object, Heritage Properties or Places of
Special Value
- clause 12.8.1 Parking
- clause 12.9.1 Parking
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:
- Establishment of a Farmers' Market, 545 Parnell Road, Parnell, An application
for resource consent made to Auckland City Council, Pursuant to section 88 of
the RMA 1991, dated 27 November 2006 by Emma Morris of Resource Management
Solutions Ltd
- the
Traffic Impact Assessment entitled 'Parnell Farmers' Market TIA' by Nicholas
Fuller of Beca Infrastructure Ltd, dated November 2006
- the
letter by Emma Morris of Resource Management Solutions Ltd entitled 'Land Use
Resource Consent Application at 545 Parnell Road, Parnell', dated 31 January
2007
- the
review of the submitted Traffic Impact Assessment by Bryce Hall of Traffic
Planning Consultants Ltd, dated 12 March 2007
- the
letter by Nicholas Fuller of Beca Infrastructure Ltd entitled 'Parnell Farmer's
Market - Additional Traffic Information', dated 26 January 2007
- the
letter by Nicholas Fuller of Beca Infrastructure Ltd entitled 'Parnell Farmer's
Market: Traffic Response', dated 4 April 2007
- the
letter by Nicholas Fuller of Beca Infrastructure Ltd entitled 'Parnell Farmer's
Market: Domain Parking', dated 7 June 2007
- the
letter by Nicholas Fuller of Beca Infrastructure Ltd entitled 'Parnell Farmer's
Market Application No. LUC20060836301', dated 18 September 2007
- the
report prepared by Cindy Weir, Council's Resource Consent Planner entitled
'Report for a non-complying land use consent application under the Resource
Management Act 1991 at 545 Parnell Road, Parnell (Streamline Process Report),
dated 10 October 2007.
Main
Findings of Fact
The
main findings of fact are:
- there
are a greater number of off-street car parks provided on site and within
surrounding sites than the District Plan parking requirements provide for
- the
increase in traffic generation will not compromise the capacity of the
surrounding road network
- the
proposed activity will largely only utilise existing facilities within the
subject site for the market, with the exception of the stalls, which will be
dismantled after the market has finished
- that
the effects of the proposal will only occur during the operation of the market
which is restricted to Saturday mornings
- the
infrastructure required for the market will not have a significant impact on the
scheduled building or the site surrounds as the infrastructure required for the
stalls will not intervene with the scheduled building.
Reasons for the Decision
The
reasons for this non-complying activity consent follow.
- The proposal will provide for a retail activity within business
zoning without compromising the overall amenity and character of the surrounding
area. The granting of consent to the applicant's proposal will have minor
effects on the environment. In particular, the proposal will have minor traffic
and parking, amenity values and existing character, heritage, noise,
socio-economic and cumulative effects.
- The activity will not compromise or detract from the scheduled sites
surrounds of the Jubilee Building and the activity will be of a temporary
nature.
- The
imposition of the following conditions will ensure that the effects of the
applicant's proposal are no more than minor, and, in particular, that the
proposal will be carried out in accordance with the plans and supporting
information submitted (including final management plans and lease agreements to
be submitted prior to the operation of the market).
- 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 following conditions:
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:
- application plan entitled 'Proposed Farmer's Market Layout for the Parnell
Trust, Parnell, Auckland' and labelled Site Plan, Drawing Number (1) 01, dated
14/07/2006
- application plan entitled 'Bledisloe Estate Trust' and labelled Carpark Layout,
Drawing Number A388-13, Rev 01, dated 10-06
all
referenced by the council as
LUC20060836301.
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.
Operating Hours
- The hours of the market shall be restricted to the hours from 8:00am
to noon Saturdays. Not including stallholder access (including the setting up
and closing down of stalls) from 6:00am to 8:00am and from noon to 1pm.
Noise
- Any amplified noise shall be managed to ensure that compliance is
achieved with the noise standards set by the District Plan.
Intensity
- The consent holder shall ensure that no more than 43 stalls are
accommodated within the market at any one time.
Duration
- The period for which consent is granted is unlimited unless a minimum
of 27 on-site and 105 off-site car parking spaces cannot be provided, at which
point the consent shall expire.
- Prior to the establishment and operation of the market, the consent
holder shall provide written confirmation to the council's Resource Consents
Monitoring Leader from the owner(s) or occupiers of:
- 47
George Street - 70 car parks
- 49
George Street - 20 car parks
- 524
Parnell Road - eight car parks
- 5
Broadway - two car parks
- 7
Sarawia Street - five car parks
confirming that parking for the above number of vehicles at each site to minimum
dimensions of Part 12 of the Auckland City Operative District Plan 1999
(Isthmus) are available on each site for the use of the consent holder
exclusively during the operating hours of the activity. Such confirmation shall
be prepared by the consent holder at his/her expense and submitted to the
council (Resource Consent Monitoring Leader), for approval. All costs in
relation to the council granting their approval shall be met by the consent
holder.
- Should any of the parking agreements cease, and unless alternative
car parking arrangements are made to the satisfaction of the council (Resource
Consent Monitoring Leader), this resource consent shall cease immediately.
- The off-street car parks located at 524 Parnell Road, 5 Broadway, 7 Sarawia Street and 545 Parnell Road shall be for the exclusive use by the
stallholders. All other off-street parks are for the exclusive use by patrons
of the market.
- There shall be no farmer's markets held on any dates that coincide
with the dates that the three major events are held at the Auckland Domain, the
three major events being the Christmas in the Park, Starlight Symphony and Opera
in the Park.
Heritage
- The consent holder shall ensure that no intervention of any kind is
permitted of the scheduled buildings on the site. This includes (but is not
restricted to) any fixings of awnings, components or signage.
- The consent holder shall ensure that all market structures are to be
self-supporting, with no element making physical contact with the scheduled
buildings.
Traffic
- The consent holder shall provide to the council, to the satisfaction
of the Resource Consents Monitoring Leader, a final Traffic Management Plan
that:
- identifies the location of the off-site parking spaces
- identifies those parks which will be allocated to stall holders and
those for visiting public
- the proposed advertising of the market to include information about
parking
- the proposed signage/sandwich boards directing the visiting public to
the parking spaces
- the number and location of volunteers to direct traffic and hours of
duty (8:00am to noon)
- the proposed 'flyers' to be given to visitors during the first month
of operation including a map and advising of parking arrangements and
discouraging parking in named side streets
- proposed monitoring of parking arrangements over a two month period.
- The consent holder shall, if required by the council's Resource
Consent Monitoring Leader, undertake a traffic study after six months and then
12 months from the commencement of the proposed farmer's market. The study shall
include the following:
- whether the 132 off-street car parking spaces are being utilised appropriately
- whether the availability of on-street car parking spaces are compromised during
operation of the market.
The study shall be
carried out by a qualified traffic engineer who shall be appointed through
mutual agreement by the consent holder and the council's Resource Consents
Monitoring Leader.
In the event that the monitoring identifies a significant adverse traffic effect
has arisen, then Auckland City Council may require the applicant, by notice in
writing, to implement modifications. All costs associated with the any review
shall be borne by the consent holder.
Such
modification that may be necessary may include:
- reducing the number of stalls; and or
- increasing the number of leased off-street car parking spaces
Site
Management Plan
- The consent holder shall provide to the council, to the satisfaction
of the Resource Consents Monitoring Leader, a final Site Management Plan. The
Site Management Plan shall describe how the market will operate, including waste
management procedures during and upon closing of the market.
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 2004, and comply with all
relevant council Bylaws, particularly Part 27 - Signs Bylaw. 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.
- 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 should be sent to the council's Resource Consent Monitoring
Leader (fax: 353 9186) and include the following details:
- name and telephone number of the project manager and site owner
- site address to which the consent relates
- activity to which the consent relate
- expected duration of works.
- 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.
- Subject to section 198 of the Local Government Act 2002 and Auckland
City Council's Policy on Development Contributions, a development contribution
is payable on this proposal. A notice of assessment will be sent out which
outlines the amount of the contribution payable for this development. Please
contact the Development Contributions team for any queries in this regard.
Please note that with respect to this development, building consents will not be
released, code of compliance certificates will not be issued, and section 224(c)
certificates for subdivisions will not be issued until the development
contribution is paid.
CARRIED
[ATTACHMENTS 5.6A AND 5.6B]
APPOINTMENT OF COMMISSIONERS
6.1. 12-18 NGAIO STREET, ORAKEI
That three planning commissioners from the 'pool' of planning commissioners be
appointed to hear and determine an application to construct a housing
development for elderly and/or disabled people containing 16 units at 12-18
Ngaio Street, Orakei.
CARRIED
6.2. 6 GRAYSONS LANE, MOUNT EDEN
That one planning commissioner from the 'pool' of planning commissioners be
appointed to hear and determine an application to remove one Silver Birch tree
at 6 Graysons Lane, Mount Eden.
CARRIED
6.3. 301A RIDDELL ROAD, GLENDOWIE
That one planning commissioner from the 'pool' of planning commissioners be
appointed to hear and determine an application to remove one Liquidambar tree at
301A Riddell Road, Glendowie.
CARRIED
6.4. 228 ORAKEI ROAD, ORAKEI
That three independent planning commissioners from the 'pool' of planning
commissioners be appointed to hear and determine an application to construct 203
apartments, served by 350 car parks at 228 Orakei Road, Orakei. The development
comprises 10 apartment blocks on a site zoned Business 4 and Mixed Use in the
Operative Auckland City District Plan 1999 - Isthmus Section.
CARRIED
6.5. 24 NEWTON ROAD, WAIHEKE ISLAND
That one planning commissioner from the 'pool' of planning commissioners be
appointed to determine a retrospective application for a 1.25 metre retaining
wall that has been erected to the rear (north) of 24 Newton Road, Waiheke
Island.
CARRIED
6.6. 49 AVONDALE ROAD, AVONDALE
That three planning commissioners from the 'pool' of planning commissioners be
appointed to hear and determine and application to construct housing for elderly
people at 49 Avondale Road, Avondale.
CARRIED
6.7. HECTOR SANDERSON AND GRAY ROADS, GREAT BARRIER ISLAND
- That the Planning Fixtures Sub-Committee re-confirms the resolution
of the Planning Fixtures Committee dated 10 July 2007 to appoint a panel
consisting of Mr L Simmons (Chairman), Mr C Stewart and Board Member P Downie
(and alternates Mr R Gee (alt Chair), Ms K Sinclair, Board Member J Mellars and
Board Member C Davis).
- That where commissioners previously appointed by the Planning
Fixtures Committee (outlined in resolution A above) no longer have delegation to
sit on a hearing, or are unavailable, planning commissioners from the 'pool' of
planning commissioners be appointed to hear and determine this application.
CARRIED
6.8. PREVIOUSLY APPOINTED COMMISSIONERS
- That, where commissioners previously appointed by the Planning
Fixtures Committee no longer have delegation to sit on a hearing, or are
unavailable, that planning commissioners from the 'pool' of planning
commissioners hear and determine those applications.
- That the same number of commissioners that the Planning Fixtures
Committee previously appointed, sit on that hearing.
CARRIED
TEMPORARY LIQUOR BANS FOR THE
2007-2008 YEAR
That
the following liquor bans be approved.
|
Name of
Event: |
Date/s: |
Area/s of
Ban: |
Time/s (of
ban/ exemption): |
Brief
reason: |
|
Auckland
International Cultural Festival |
16 &
17/02/2008 |
Entirety
of War Memorial Park, Wesley |
0700hrs
to 1900hrs |
At the
request of NZ Police to minimise antisocial behaviour associated with
alcohol abuse |
|
Mission
Bay Jazz and Blues Street Festival |
16 Feb 08
RAIN
DATE: 17 Feb 08 |
- Mission
Bay beach from the walkway off Tamaki Drive at the west end of Mission
Bay Reserve through to Selwyn Avenue
- Tamaki
Drive from the entrance to the western carpark through to Selwyn Avenue
(excluding dedicated areas on eastern footpath immediately in front of
the shops where special licence has been approved)
- Atkin
Avenue from Tamaki Drive to Marau Crescent
- Marau
Crescent from Atkin Ave through to Selwyn Avenue
- Patterson Avenue between Marau Cresc and Tamaki Drive
- Mission
Bay Reserve and Selwyn Reserve, including the western carpark through to
the eastern end of the eastern carpark, excluding dedicated areas where
a special liquor licence has been approved.
|
1200hrs to
0100 hrs next day |
At the
request of NZ Police to minimise antisocial behaviour associated with
alcohol abuse |
|
Coca Cola
Christmas in the Park |
08 Dec 08
RAIN DATE:
09 Dec 08 |
In a
designated radius from the Auckland War Memorial Museum north to Domain
Drive East, around Domain Drive North to the duck ponds and from
Football Road to the museum |
1700hrs to
0000hrs |
At the
request of NZ Police to minimise antisocial behaviour associated with
alcohol abuse |
|
Sky City
Starlight Symphony |
23 Feb 08
RAIN
DATE: 24 Feb 08 |
In a
designated radius from the Auckland War Memorial Museum north to Domain
Drive East, around Domain Drive North to the duck ponds and from
Football Road to the museum |
1700hrs to
0000hr |
At the
request of NZ Police to minimise antisocial behaviour associated with
alcohol abuse |
|
Waiheke
Island Christmas New-Year holiday period |
23
December 2007 - 6 January 2008 inclusive |
For the
entire length of the following beaches, including foreshore and reserve
area of: Onetangi Beach, Palm Beach, Oneroa Beach, Little Oneroa Beach,
Blackpool Beach, Surfdale Beach, Mary Wilson Reserve, Omiha Beach, Rocky
Bay Beach Sandy Bay Beach, Shelly Beach |
23rd
December 2007 - 6 January 2008
2100hr -
0600 hr
Except New
Years Eve when the hours of the liquor ban shall be 1800 hrs - 0700 hrs |
Manage
antisocial behaviour associated with alcohol abuse during peak holiday
period |
|
The
following Streets in Onetangi |
|
The Strand
between First Avenue and Fourth Avenue, Third Avenue from the junction
of Waiheke Road to the Strand, Fourth Avenue from the junction of
Waiheke and Onetangi Roads to The Strand |
|
In
addition |
|
Oceanview
Road from the wharf at Matiatia to the junction with Puriri Road
including the beach access ways from Oceanview Road to Beach Parade in
Oneroa. |
|
Guy Fawkes |
1 - 6 Nov
07 |
Dunkirk
Reserve, Riverside Reserve, Point England Reserve, Onehunga Bay Reserve,
Panmure Basin |
2200 hrs -
0600 hrs (1-4 November)
1700 hrs -
0600 hrs (4-6 November) |
Antisocial
behaviour associated with alcohol abuse along with safety issues
associated with the use of fireworks and the over consumption of alcohol |
|
1 - 6 Nov
07 |
Tamaki
Drive from the intersection with Ngapipi Road to St Heliers (excluding
licensed premises), Watene Reserve, MJS Memorial, Orakei Domain, Selwyn
Domain, Kohimarama Beach, Vellenoweth Green, St Heliers Bay Beach,
Ladies Bay, Achilles Point. |
1700 hrs -
0600 hrs |
Antisocial
behaviour associated with alcohol abuse along with safety issues
associated with the use of fireworks and the over consumption of alcohol |
|
1 - 6 Nov
07 |
For the
entire length of the following beaches, including foreshore and reserve
area of: Onetangi Beach, Palm Beach, Oneroa Beach, Little Oneroa Beach,
Blackpool Beach, Surfdale Beach, Mary Wilson Reserve, Omiha Beach, Rocky
Bay Beach Sandy Bay Beach, Shelly Beach |
1700 hrs -
0600 hrs |
Antisocial
behaviour associated with alcohol abuse along with safety issues
associated with the use of fireworks and the over consumption of alcohol |
|
The
following Streets in Onetangi; |
|
The Strand
between First Avenue and Fourth Avenue, Third Avenue from the junction
of Waiheke Road to the Strand, Fourth Avenue from the junction of
Waiheke and Onetangi Roads to The Strand |
|
In
addition; |
|
Oceanview
Road from the wharf at Matiatia to the junction with Puriri Road
including the beach access ways from Oceanview Road to Beach Parade in
Oneroa. |
CARRIED
APPOINTMENT OF COMMISSIONERS
AND INDEPENDENT COMMISSIONER DECISIONS FOR 2006/2007
That
the summary of the appointment of commissioners and Independent Commissioner
decisions 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 |
61 Corey Road, Palm Beach, Waiheke 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 decline a land use consent application
for a new dwelling in Land Unit 20 that exceeded lot coverage and
infringed the maximum height control in respect of a ridgeline.
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 4.00 pm.
|
