MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE HELD ON TUESDAY, 23 OCTOBER 2007 AT 1:02 PM

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 16 October 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. SIGNS BYLAW APPLICATIONS

   There were no signs bylaw applications to consider.

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 28 SENTINEL ROAD, HERNE BAY

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

   • the adverse effects of the activity on the environment will be minor
   • written approval has been given by every person who may be adversely affected by the activity.

   That, pursuant to section 94C of the Resource Management Act 1991, there are no special circumstances to warrant public notification of the application.

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by T D Bluck to construct a first floor addition to an existing dwelling that:

   • infringes the maximum allowable eight metre height control by a maximum vertical height of 3.3 metres, over an area of 9m2
   • infringes the 2m+35º building in relation to south boundary control under the District Plan for a maximum vertical height of 5.4 m over a maximum horizontal length of 6.1m
   • involves external additions and alterations to an existing building on a site zoned Residential 1

   Plan Change 163

   • involves external additions and alterations to an existing building on a site zoned Residential 1

   at 28 Sentinel Road, Herne Bay, described as PT ALLOT 7 SEC 8 SUBURBS OF AUCKLAND, CT 545/59, be granted consent.

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

   Relevant Statutory Provisions

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

   • sections 104, 104B and 108 (discretionary activity)
   • Part II.

   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 7.6.1 (Residential 1 Zone Objectives and Policies)
   • rule 7.7.1 (Activities in the Residential 1-7 Zones)
   • clauses 7.7.3.1 & 7.7.3.2D (Assessment Criteria for alterations and additions in the Residential 1 Zone).

   Plan Modification 163, and, in particular, the following:

   • rule 7.7.1 (Activities in the Residential 1-7 Zones)
   • clauses 7.7.4.2 & 7.7.4.3Q (Assessment Criteria for additions and alterations in the Residential 1 Zone)
   • annexure 13: Architectural Design Guidelines.

   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 dated 30th May 2007 and the addendum letter dated 1st October 2007 prepared by Nick Delamare of Delamare Architects
   • the letter from Stewart Delamare of Landmark Surveyors Ltd, dated 31st May 2006
   • the council's planning report prepared by Carly Tawhiao referenced LUC20060450701, dated 30th August 2006
   • the council's planning report prepared by Shannah Leamy referenced LUC20070486101, dated 11th October 2007.

   Main Findings of Fact

   The main findings of fact are that:

   • the proposed first floor addition at the rear of the dwelling will respect the materials, scale, mass, form and proportions of the existing villa
   • the addition will generate minor dominance and shadowing effects in relation to the adjacent neighbouring sites, being 26 and 32 Sentinel Road and 31 and 33 Lawrence St, from whom written approvals have been obtained
   • the proposal will have minor character and streetscape effects.

   Reasons for the Decision

   The reasons for this discretionary activity consent follow.

   1. The granting of consent to the applicant's proposal will have no more than minor effects on the environment. In particular, the proposal will generate minor character, streetscape, dominance and shadowing effects, with written approvals obtained from all persons considered to be adversely affected.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, the assessment criteria for additions and alteration in the Residential 1 zone and Plan Change 163, and the development control modifications.
   3. The imposition of the following conditions will ensure that the proposal is carried out in accordance with the approved plans, and, in particular, any adverse effects on the historic character of the dwelling are mitigated.
   4. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

   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

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application, being described as "Bluck Residence - 28 Sentinel Road, Herne Bay" including the plans drawn by Delamare Architects, dated December 2006 and labelled:
      • BSR 1 Revision A - Site Plan
      • BSR 4 - Second Floor Plan
      • BSR 5 - Roof Plan
      • BSR 6 Revision B - Elevations

      and referenced by the council as LUC20070486101.

      Monitoring

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

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

      Licensed Cadastral Surveyor's Certificate

   3. The consent holder shall engage a licensed cadastral surveyor to certify to the council in writing, in relation to the building in relation to southern boundary control, upon completion of the building works that either:
      1. work completed to this stage is in accordance with the levels and dimensions on approved plans; OR
      2. there are differences to approved plans in levels and dimensions of work completed to this stage, but the differences do not increase non-compliance with the Operative Auckland City District Plan (Isthmus Section), provided that what remains to be built beyond this stage will be built in accordance with approved plans.

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

      Heritage

   4. In order to retain a residential appearance and character in keeping with the other residential buildings in the surrounding area, all exterior surfaces shall be paint finished and the colour scheme for the new works shall be to the satisfaction of the Resource Consents Monitoring Leader.

   ADVICE NOTES

   1. Pursuant to section 125 of the Resource Management Act 1991, this resource consent will expire five years after the date of commencement of consent unless, before the consent lapses;
      1. the consent is given effect to; or
      2. an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with the council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   4. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Monitoring Leader, Resource Consents (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.
   5. If you disagree with any of the above conditions or with any additional charges relating to the processing of the application, you have a right of objection pursuant to sections 357A and 357B of the Resource Management Act 1991 which shall be made in writing to the council within 15 working days of notification of the decision. The council will as soon as practicable consider the objection at a hearing. Pursuant to Section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   5.2. 43-93 TARGET STREET, POINT CHEVALIER

   This item has been deferred for one week at the request of the applicant.

6. APPOINTMENT OF COMMISSIONERS

   6.1. 28 PORTLAND ROAD, REMUERA

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to demolish the existing pre-1940s dwelling and car port on site at 28 Portland Road, Remuera, and the construction of a replacement dwelling and two car garage.

   CARRIED

   6.2. 140 LUCERNE ROAD, REMUERA

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to remove an existing 1950s residential dwelling on the site at 140 Lucerne Road, Remuera, and construct a new three storey residential dwelling with home office and guest house in the Residential 2b zone.

   CARRIED

   6.3. 24 KINGSLEY STREET, WESTMERE

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to demolish the existing dwelling at 24 Kingsley Street, Westmere, and construct a new dwelling.

   CARRIED

   6.4. 7 KELVIN ROAD, REMUERA

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to undertake additions and alterations on the existing dwelling at 7 Kelvin Road, Remuera, that is located on a crosslease site with two other dwellings.

   CARRIED

7. 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

8. 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	38 Ponsonby Road, Ponsonby - Environment Court Appeal	The public conduct of this matter would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2) (j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, an appeal has been lodged with the Environment Court against the council's decision to refuse consent to an existing sign in the Ponsonby Centre Plan (Conservation Interface Area). 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 1:29 pm.