MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE HELD ON TUESDAY, 6 NOVEMBER 2007 AT 1:00 PM ADJOURNED AT 3.21 PM AND RECONVENED AT 3.26 PM

1. APOLOGIES

   There were no apologies.

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 30 October 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1 61 CORY ROAD, WAIHEKE ISLAND

   That an item relating to an Environment Court Appeal for a land use consent application to construct a new dwelling at 61 Cory Road, Palm Beach, Waiheke Island within Land Unit 20, that exceeded lot coverage and infringed the maximum height control in respect of a ridgeline which was declined, be considered as extraordinary business at agenda item C1 as Council is required to report back to the Environment Court by 9 November 2007.

   CARRIED

4. SIGNS BYLAW APPLICATIONS

   4.1. 103 CARLTON GORE ROAD, NEWMARKET

   DECISION ONE: RESOURCE CONSENT APPLICATION

   Pursuant to section 104A of the Resource Management Act 1991, the restricted controlled activity land use application by OnGas to construct a sign that:

   • involves the construction of a new building on a site located within the Mixed Use Zone

   at 103 Carlton Gore Road, Newmarket, described as Lot 2 DP191560 CT 121B/666, 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, 104A (restricted controlled activity) and 108
   • part II.

   Relevant Plan Provisions

   The relevant planning documents considered were:

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

   • clause 8.6.10 (Mixed Use Zone Objectives and Policies)
   • clause 8.7.7 (Mixed Use Zone Activities)
   • clause 8.7.7.2.1 (Assessment Criteria for New Buildings in the Mixed Use Zone).

   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:

   • a letter containing a description and the Assessment of Effects prepared by Harry Street of Creative Spaces Ltd, dated 6th June 2007
   • the council's Planning Report, dated 10 October 2007.

   Main Findings of Fact

   The main findings of fact are that:

   • the proposed sign is characteristic of existing signage in the streetscape
   • taking into account the scale and location of the proposed sign, it is not considered that the sign would have an adverse effect on the streetscape or amenity of the area.

   Reasons for the Decision

   The reasons for this restricted controlled activity consent follow.

   1. The granting of consent to the applicant's proposal will generate no more than minor adverse effects on the environment. In particular, the proposal will have no more than a minor effect on streetscape or amenity.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for restricted controlled activities, and, in particular, those relating to the construction of a new building in the Mixed Use Zone.
   3. Provided that the proposed activity is carried out in accordance with the plans and all information submitted with the application, the adverse effects generated by the proposal are no more than minor.
   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:
      • drawn by: Creative Spaces
      • dated: 5/11/07
      • referenced: 1396 0-S01 D - Location and Site Plan

      and including the plans:

      • drawn by: Blomfield Signs Ltd
      • referenced: Garden Plinth Sign "V"

      all referenced by the council as LUC20070432001.

      Monitoring

   2. The consent holder shall pay the council a consent compliance monitoring charge of $92.75 (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 $92.75 (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

   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.

   DECISION TWO: SIGN DISPENSATION APPLICATION

   That the application by OnGas for an exemption from Part 27 of the Auckland City Council Consolidated Bylaw (Signs) to erect a freestanding sign at the front of the site, which:

   • is located within 1.8m of the eastern side boundary
   • has two faces, each with an area of 3.15m by 1m, a total area of 6.3m²

   at 103 Carlton Gore Road, Newmarket, described as LOT 2 DP 191560, CT 121B/666, be granted dispensation for the following reasons:

   1. the proposed sign will have an insignificant adverse effect on the visual amenity of the immediate area, and no adverse effects on traffic or pedestrian safety
   2. the proposed sign will not be contrary to the objectives of the Bylaw and the degree of non-compliance is minor and the effects of the non-compliance insignificant.
   3. At 3.15m high and 1 m wide on each side, the proposed sign is considered an appropriate size as the frontage of the site is a significant width at approximately 40 m. Additionally, the scale of the sign is considered appropriate given the existing five storey building.
   4. The location of the sign i9s considered appropriate as it is to be set back approximately 3m from the front boundary and therefore will not dominate or overshadow the public footpath.
   5. The existing shrubs and plants are to be retained around the location of the sign and this will mitigate effects of the sign.
   6. The proposed sign has no lighting, and does not obstruct pedestrian paths, sight or movement liners or any view shafts.
   7. The sign is to be located in an existing garden at the front of the site. The location of the sign is set back approximately 3m from the road boundary, and is approximately 1m below the level of the street. It is therefore not considered that the sign would obstruct views of corners, intersections or vehicle crossings.

   Conditions of Consent

   This application is approved subject to the conditions that follow.

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted as part of this application being:
      • drawn by: Creative Spaces
      • dated: 5/11/07
      • referenced: 1396 0-S01 D - Location and Site Plan

      and including the plans:

      • drawn by: Blomfield Signs Ltd
      • referenced: Garden Plinth Sign "V"

      and all information referenced by the council as LUC20070432001.

   2. This exemption shall expire six months after the date of the approval of the exemption, unless the sign (the sign structure and an advertising image) has been erected in accordance with the approved plans before the end of that period.

   ADVICE NOTES

   1. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 1991, and comply with all other relevant Council Bylaws.

   CARRIED

   [ATTACHMENT 4.1A]

   4.2. 11 EDWARD WAYTE PLACE, GRAFTON

   That the application by Oggi Advertising Ltd for an exemption from Part 27B of the Auckland City Council Consolidated Bylaw (Billboard Signs) to maintain two existing billboards at 11 Edward Wayte Place, Grafton (formerly known as 11 Seafield View Road, Grafton) be deferred to the Sub-Committee's meeting on 20 November 2007, so that further information provided at this meeting can be considered.

   CARRIED

    [ATTACHMENTS 4.2A, 4.2B AND 4.2C]

5. RESOURCE CONSENT APPLICATIONS AND OTHERS

   5.1. 21 QUEEN STREET, AUCKLAND CENTRAL

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

   1. the activity to which the application relates is a discretionary activity over which the council has restricted the exercise of its discretion, and an assessment of the application finds that the adverse effects are no more than minor
   2. for the purposes of section 94, having regard to those matters for which restricted discretionary activity consent is sought, it is considered that any adverse effects of these activities do not adversely affect any persons. 
   3. notwithstanding the foregoing, section 94B(3) and Rule 15.3.2.6 of the Operative Central Area District Plan are unambiguous in that the council must consider the application without public notification or the need to obtain the written approval of or serve notice on affected persons, in the absence of special circumstances
   4. the Sub-Committee is satisfied that in coming to its decision it has carefully considered all relevant material and documentation, including letters received from Russell McVeagh, dated 5/11/2007 and David Kirkpatrick Barrister, dated 26/10/2007 and 6/11/2007
   5. the Sub-Committee has had regard to the written concerns expressed on behalf of Westfield (New Zealand) Limited. Such concerns result from aspects of the proposal that are either permitted by the District Plan or which the Sub-Committee considers do not adversely affect any persons
   6. in accordance with section 94C, there are no special circumstances that warrant notification of the application.

   Pursuant to section 104C of the Resource Management Act 1991, the restricted discretionary activity resource consent application by AMP NZ Office Trust seeking consent for the redevelopment of the commercial office building at 21 Queen Street, Auckland, as described in the application material and annexures prepared by Haines Planning Consultants Limited, and plans & architectural statement by Peddle Thorp Architects, all referenced by the council as LUC20070626501, involving the following:

   • flood lighting of building facades, which is a restricted controlled activity
   • bonus floor area relating to at-grade covered plaza, which is a restricted controlled activity
   • the use of a heritage floor space bonus, which is a restricted controlled activity
   • demolition of the southern plaza canopy, which is a restricted controlled activity
   • the erection of any new building or external alteration to any existing building, which is a restricted discretionary activity
   • redevelopment of a potentially contaminated site, which is a restricted discretionary activity
   • provision of signage, which is a restricted discretionary activity

   is granted consent and subject to the conditions which follow.

   Reasons for the decision

   Pursuant to section 113(1)(a) of the Resource Management Act 1991, the reasons for this consent follow.

   1. In terms of section 104(1)(a) of the Resource Management Act 1991, the actual and potential effects have been given regard to and any adverse effects of the activity will be no more than minor.
   2. In terms of section 104(1)(b) of the Resource Management Act 1991, the proposal is in accordance with policies and objectives of the Auckland Regional Policy Statement, and the relevant objectives, policies, rules and assessment criteria of the Auckland City District Plan - Operative Central Area Section, including, in particular, the relevant provisions of proposed Plan Change 2, Part 6 (Development Controls), Part 7 (Noise, Signs & Artificial lighting), Part 8 (Financial Contributions), Part 11 (Hazardous Facilities) and Part 15 (General Provisions).
   3. In terms of section 104(1)(c) of the Resource Management Act 1991, other relevant matters, including monitoring, the payment of a financial contribution and construction matters, have been considered in the determination of the application.
   4. The activity is consistent with the provisions of Part II of the Act.

   Statutory and Other Provisions

   The following relevant statutory provisions have been taken into account in the assessment of the application:

   Resource Management Act 1991 (as amended by the Resource Management Amendment Act 2003 & 2005), and, in particular:

   • Part II
   • Part VI, in particular, sections 36, 93, 94, 100, 104, 104C, 113, 114 and 115.

   The following relevant provisions have been taken into account in the assessment of this application:

   Auckland City District Plan 2004- Operative Central Area Section - Part 3 (Resource Management Issues); Part 4.2 (SMA2); Part 5 (Activities); Part 6 (Development Controls); Part 7 (Noise, Signs & Artificial lighting); Part 8 (Financial Contributions), Part 11 (Hazardous Facilities) and Part 15 (General Provisions), relevant provisions of proposed Plan Change 2, and 2.6.8 (Strategic Policies Urban Design) of the Auckland Regional Policy Statement.

   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 of contention.

   Summary of Evidence

   The following evidence was heard and considered by the Commissioners:

   • the applicant's assessment of environmental effects and supplementary information prepared by Haines Planning, 7 September 2007
   • drawings, Floor Area Ratio Calculations, dated 31 August 2007 and urban design statement and architectural concept report, prepared by Peddle Thorp Architects, dated 5 October 2007
   • construction, noise and acoustic assessment, dated 4 September 2007, prepared by Norman Disney & Young
   • Construction Management Plan prepared by Fletcher Construction
   • contamination desk study, dated 5 September 2007, prepared by Tonkin & Taylor
   • geotechnical desk study, dated 29 August 2007, prepared by Tonkin & Taylor
   • existing infrastructure report, dated 6 September 2007, prepared by Norman Disney & Young
   • urban design review, dated September 2007, by Lisa Mein, Senior Urban Designer, Boffa Miskell Limited
   • memo entitled 'contamination site considerations', dated 4 October 2007, by Mr Mervyn Chetty, Environmental Health Specialist, Auckland City Environments
   • letter, dated 16 October 2007, by Traffic & Transportation Engineers Ltd
   • email from Alison Thompson, Haines Planning Consultants, dated 9 October 2007 regarding proposed light fixtures for the rooftop feature plant screen
   • letters received from Russell McVeagh, dated 19/10/2007, 5/11/2007 and David Kirkpatrick Barrister, dated 26/10/2007 and 6/11/2007 and letter from Karen Long, Lead Senior Planner, Auckland City Council, dated 10 August 2007 and letter from Westfield (New Zealand) Limited, dated 2 August 2007.

   Main Findings of Fact

   1. The proposed activity is located within a Pedestrian Orientated Area of Strategic Management Area 2 (Harbour Edge) of the Operative Central Area District Plan. Proposed Plan Modification 2 has now reached the stage where its provisions as they relate to this application are beyond legal challenge.
   2. The proposal is to redevelop the property, formerly known as Downtown House, at 21 Queen Street. The proposal seeks to construct four additional levels of office floor space and two levels of plant room to the existing 13 level building. A new glass curtain wall façade will be constructed to improve the appearance of the building. It is also proposed to construct a new covered plaza in the southern portion of the site (main pedestrian access to the Downtown Shopping Centre) and to erect canopies around the building. The elements that make up the application are either restricted controlled or restricted discretionary activities, none of which require notification or service of notice.
   3. The height, bulk and location of the proposed building and the activities it is proposed to accommodate are consistent with the type of development anticipated for the site and location by the District Plan.
   4. The site is bounded by a collector road and a district arterial road both of which form an integral part of the functioning of the Auckland Regional Transport bus system.
   5. Effects associated with design, demolition, potential contamination, floodlighting and signage can be mitigated through conditions.
   6. The implementation of appropriate site, construction, acoustic, traffic and operational management methodologies will assist in mitigating any potential adverse effects on the environment.

   Conditions of Consent

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

   General

   1. Except where otherwise required by the conditions that follow, the proposed development and its use shall be carried out in accordance with:

      The plans and written documentation submitted as part of the application, being

      • application statement and Assessment of Environmental Effects prepared by Haines Planning and attached technical reports
      • drawings, dated 31 August 2007, prepared by Peddle Thorp Architects, and including the following numbered drawings:

      Drawing title	Drawing number	Rev
      Location plan	1027-1-001	A
      Site plan	1027-1-002	A
      Basement floor plan	1027-2-010	C
      Ground floor plan	1027-2-020	D
      Ground floor canopy plan	1027-2-025	A
      Mezzanine floor plan	1027-2-030	B
      Level 1 floor plan	1027-2-040	D
      Level 1 canopy plan	1027-2-045	A
      Level 2 floor plan	1027-2-050	D
      Level 2 canopy plan	1027-2-055	A
      Level 3 floor plan	1027-2-060	D
      Level 4 floor plan	1027-2-070	D
      Level 5 floor plan	1027-2-080	A
      Level 6-8 floor plan	1027-2-090	A
      Level 9-11 floor plan	1027-2-100	A
      Level 12-13 floor plan	1027-2-110	A
      Level 14 floor plan	1027-2-120	C
      Level 15-17 floor plan	1027-2-130	C
      Level 18 plant room floor plan	1027-2-140	D
      Level 19 plant room floor plan	1027-2-150	D
      Roof plan	1027-2-160	A
      Section AA	1027-2-500	D
      Section BB	1027-2-510	A
      Proposed elevations sheet one	1027-2-650	D
      Proposed elevations sheet two	1027-2-660	D
      Enlarged East elevation	1027-3-601	C
      Enlarged West elevation	1027-3-603	A

      all referenced by the council as LUC20070626501.

   2. The consent holder shall submit samples of materials and colour swatches, including glazing, for approval by the Manager: Central Area Planning. This material selection shall reflect the design and intention of the resource consent drawings as lodged and discussions with the Urban Design Panel and council officers, and shall include though not be limited to:
      • durable, graffiti proof cladding materials at ground floor
      • low 'e' glazing where heat gain issues occur
      • coloured and textured concrete cladding panels.
   3. The following bonus elements shall be provided in conjunction with the development:
      • light & outlook 2,470m2
      • at-grade covered plaza 2,682m2
      • heritage floor space 1,956m2

      Heritage floor space bonus

   4. The registered owner of the donor site (yet to be determined) shall at no cost to the council , have prepared and enter into a covenant with the council, documenting the transfer of 1,956m2 of heritage floor space bonus (HFSB) from the donor site to the recipient site (the application site). The covenant shall be registered against the certificate(s) of title of the donor site. Upon the selection of the donor, the consent holder shall inform the council (Manager: Central Area Planning) immediately of details of the donor and donor site.
   5. The consent holder, upon the written consent of the registered owner of the site, shall, at no cost to the council, have prepared and enter into a covenant with the council documenting the transfer to the recipient site of 1,956m2 of HFSB from the donor site to the recipient site. The covenant shall be registered against the certificate(s) of title for the recipient site.
   6. The consent holder shall advise the council upon the covenants referred to in Conditions (4) and (5) being registered against the respective certificates of title, prior to construction commencing.

      Traffic Management

   7. Prior to any works commencing on site, the resource consent holder shall submit for the approval of the council (Manager: Transport Safety, Assets & Operations in consultation with Team Leader: Compliance Monitoring), a traffic management plan (TMP), the purpose being to avoid, mitigate or remedy any temporary adverse effects of traffic related to the redevelopment of the site. The plan shall address the management of heavy vehicles servicing the site, the location of loading zones, how construction cranes would be brought to and removed from the site, and any other matters that the council's Traffic Safety, Assets & Operations group would require to be addressed in the preparation of the TMP. The TMP shall also address the following requirements and all relevant traffic management details listed in Appendix 1 to these conditions of consent:
      • there shall be no movement of heavy vehicles to and from the site during the evening peak between the hours of 3:30pm to 7:00pm unless otherwise approved by the council (Manager: Transport Safety, Assets & Operations). The loading area is to be restricted to accommodate a single articulated truck between 7:30am and 9:00am. Truck movements to and from the site will be limited to this single loading bay between these hours. The only exception would be for the concrete pours, and the Manager: Transport Safety, Assets & Operations is to be given adequate notice when this is to occur. The details to be provided by the contractor are to include the anticipated number of concrete delivery trucks and the expected timing and duration of the deliveries
      • construction vehicles are not permitted to wait/stand on Queen Street before entering the construction loading space
      • deliveries will be timed and managed so that not more than two trucks loading or discharging are in the respective loading spaces at any one time. Trucks will not park or wait in or on the streets between the motorway on/off ramps and the site. Fletcher Construction is to ensure that all subcontractors strictly adhere to these requirements
      • tradesmen working on the site are not permitted to park in unauthorised car parks on the adjacent road network.

      Construction activity

   8. The consent holder shall provide to the satisfaction of the council (Team Leader: Compliance Monitoring in consultation with the Manager: Transport Safety, Assets & Operations) and prior to construction commencing, a construction management plan (CMP), the purpose being to avoid, remedy or mitigate any temporary effects of site works and construction activity. The CMP shall cover matters relating to the excavation, demolition, construction and management of all works associated with the project. The CMP shall specify, but not be limited to:
      • 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
      • control procedures for delivery 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 portaloos)
      • ingress and egress to and from the site for construction vehicles
      • measures to control dust deposition and nuisance.
   9. All work on the site shall be carried out in accordance with the approved Traffic Management and Construction Management Plans required by the above conditions.
   10. The consent holder shall implement suitable sediment control measures before conducting any excavation, demolition or construction work to ensure that all stormwater runoff from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, channels or soakage systems in accordance with Annexure 8, Earthworks of the Auckland City District Plan 2004 Operative Central Area Section. These measures shall remain in place until the completion of construction.
   11. Unless otherwise approved by the council (Manager: Central Area Planning in consultation with the Manager: Transport Safety, Assets & Operations) all construction works, including mechanical equipment, except for the delivery, installation, breakdown and removal of a tower crane to the site, shall be restricted to the hours from 6:00am to 6.00pm Monday to Friday, and from 6:00am to 1.00pm Saturday. No works shall be undertaken on Sundays and public holidays. This is to ensure amenity is maintained for surrounding neighbours. Non-noisy work may be undertaken outside these hours, on written approval of the Manager: Central Area Planning. The delivery, installation, breakdown & removal of a tower crane is a discreet activity subject to special permission being granted by the council (Manager: Transport Safety, Assets & Operations).
   12. Prior to any works commencing on the site, the consent holder shall obtain the approval of the council (Manager: Transport Safety, Assets & Operations) for the erection of the protection gantry over the existing glazed canopy on Queen Street, 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.
   13. Should any damage occur to public assets in the course of development of the site, the consent holder shall bear all costs relating to the reinstatement of affected footpaths, paved areas of Queen Elizabeth Square, 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).
   14. The consent holder shall, prior to the commencement of site or construction work, submit to the Manager: Central Area Planning, a noise management plan, the purpose being to avoid, mitigate or remedy any temporary adverse effects of construction activity related to the redevelopment of the site and responding to reverse sensitivity issues. The plan shall include an assessment of the likely construction levels and propose an overall noise mitigation plan. A suitably qualified acoustic consultant shall be appointed to monitor the works during construction. The management plan shall be based on the objective that 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 District Plan, Operative 2004 Central Area Section.
   15. All site works shall be carried out so as not to create a dust nuisance on the site or the surrounding area. In order to prevent the dispersal of dust and other particles from adversely affecting adjoining sites, the consent holder shall dampen any area of earthworks so that the emission of dust and other particles is minimised.

       Review

   16. The council, in accordance with Section 129 of the Resource Management Act 1991, may serve notice on the consent holder of its intention to review, at any time within 18 months following the commencement of construction works, for the purpose of dealing with any adverse construction (noise) and traffic related effects on the environment which may arise from the exercise of the consent, in particular, in relation to conditions (7), (8) and (14). The review(s) are to ensure the effective working of the construction, traffic and noise management plans. In the case of adverse traffic effects, in particular, in relation to the disruption of peak traffic flows and bus operations, the council may reconsider the adoption of the best practicable option to avoid, remedy or mitigate any adverse effects.
   17. The first review shall occur one calendar month from the date of the first day of the month immediately following the commencement of construction works and thereafter occur at monthly intervals for an initial three month period, and thereafter for the remaining fifteen month period at three month intervals, commencing on the first day of the month and expiring at the end of that month.
   18. Reviews will be independently carried out by suitably qualified traffic engineering and acoustic consultants (as the case may be) at the request of the council and paid for by the consent holder. Should the review(s) conclude that the traffic, construction and/or noise management systems are failing to achieve the objectives of the respective plans the council may then require the consent holder to provide alternative arrangements to those specified in (7), (8) and (14). The full cost of carrying out any mitigation measures so directed by the council shall be borne by the consent holder.

       Contamination

   19. If evidence of contamination is discovered during removal of paving and/or earthworks, the consent holder shall immediately cease the works and notify the Team Leader, Resource Consent Monitoring Regulatory Services, and provide a site contamination report and Remediation Action Plan to the satisfaction of the Team Leader, Resource Consent Monitoring, Regulatory Services, Auckland City Council.
   20. Any soil that is to be removed off site shall either be tested for contamination or taken to a licensed landfill facility.
   21. The consent holder shall, following completion of any remediation works, submit to the satisfaction of the Team Leader, Compliance Monitoring a Site Validation Report to confirm the performance of remediation works and to identify any residual contamination at the site. The site validation report shall include:
       1. soil test results for the excavated areas and capping materials (if any)
       2. scaled plans (plan and elevation views) showing the location and containment details (if any) of any contaminated materials relocated on the site
       3. an on-going monitoring and management plan (if needed).

       Waste Management

   22. Facilities for the storage, collection and disposal of refuse shall be provided on the site at all times to the satisfaction of the Manager: Central Area Planning. Prior to the occupation of the building, a copy of a waste management plan shall be lodged with the council by the consent holder, which shall include designated sites for refuse bins for the collection and storage of glass, paper, plastic and metal cans and collection details. This plan shall be prepared to the satisfaction of the council (Team Leader: Compliance Monitoring in consultation with the Senior Environmental Policy Analyst: City Planning) and shall be in accordance with the council's waste reduction policy.

       Signage

   23. Prior to occupation of the building, the consent holder shall submit, for the approval of the Manager: Central Area Planning, a signage plan which comprehensively provides for all signage on the exterior of the building to identify the corporate tenant and/or other commercial tenants. The signage plan shall adopt, as a maximum, the indicative signage zones shown in elevations submitted with the application and ensure generally that all signage is integrated, or sits well, with the architectural design of the building.

       No signs, posters or advertising material shall be affixed or displayed on or behind the face of any windows in the building complex. The internal faces of the windows shall remain clear of any materials of finishes that may block views into the building complex on the ground and first floor levels.

       Financial Contribution

   24. Prior to the commencement of any building development under this consent, the consent holder shall have paid to the council, a financial contribution in accordance with the provisions of Part 8 - Financial Contributions of the Operative District Plan.

       Monitoring

   25. The consent holder shall pay a consent compliance monitoring charge of $2000.00 (inclusive of GST) to the council, 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, monitoring traffic and noise effects, updating files, etc, all being work to ensure compliance with the resource consent).

       The compliance monitoring charge must be paid as part of the resource consent fee and the consent holder will be advised of any 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

   26. 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

   1. 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.
   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and to comply with all relevant Council Bylaws.
   3. A copy of this consent should be held on site at all times during the establishment and construction phase of the activity.
   4. This resource consent does not extend to interior fit-outs or signage (other than signage restricted to signage zones specified in application drawings) which would require further resource consents/signs approval.
   5. The consent holder is requested to notify the council, in writing, of its intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader Compliance Monitoring and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   6. 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.
   7. 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.
   8. The reports and plans referred to in conditions 19-21 should be prepared in accordance with the Contaminated Site Management Guidelines No. 1 - Guidelines for Reporting on Contaminated Sites in New Zealand, Ministry for the Environment, June 2003.
   9. 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.

   APPENDIX 1 (TO CONSENT CONDITIONS)

   TRAFFIC MANAGEMENT PLAN FOR DEMOLITION & CONSTRUCTION ACTIVITIES

   The following is a list of issues that would 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 District Plan -2004 Operative Central Area Section.

   • 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
   • craneage
   • 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:

   1. The traffic conditions
   2. Existing traffic and parking controls
   3. Physical features
   4. Visibility restrictions
   5. Requirements of other properties re: access etc.

   It is suggested that there be someone appointed who has responsibility and accountability for controlling traffic matters and ensuring that the agreed traffic management plan is adhered to.

   CARRIED

   [ATTACHMENTS 5.1A, 5.1B AND 5.1C]

   5.2. 69 SELWYN 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 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 section 104B of the Resource Management Act 1991, the discretionary activity land use application by the Peter Snell Institute of Sport to establish clubrooms and an office that:

   • involves the establishment of an entertainment facility with a floor area of 1,261m²
   • involves a shortfall of 76 parking spaces where 191 parking spaces are required
   • involves a shortfall of one loading space where one loading space is required

   at 69 Selwyn Street, Onehunga, described as LOT 1 DP 60645 LOT 3 DP 26450, CT 679/124, be granted consent.

   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 113.

   Relevant Plan Provisions

   The Operative Auckland City District Plan 1999 Isthmus Section. In particular, the provisions of the District Plan considered relevant or helpful to the assessment of this application were deemed to be as follows:

   • Rule 4.3.1.2B
   • Objectives 8.3 (Business Activity) and the associated policies
   • Objectives 8.6.10 (Mixed Use 2 Zone) and the associated policies
   • Rule 8.7.7 (Entertainment Facility's with a floor area between 500m² and 2000m²) and explanation accompanying this rule
   • objectives and policies contained in 12.3 (Transportation) of the District Plan
   • Rule 12.8.1.1 (Parking Requirement) and the explanation and criteria accompanying this rule
   • Rule 12.8.1.1 (Loading Requirement) and the explanation and criteria accompanying this rule.
   • Clause 12.7.1 - Objectives and Policies for Parking in the Mixed Use zone
   • Clause 12.9.1.2(c) - criteria for assessing an application for a reduction in parking spaces

   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

   The following evidence has been considered by the council:

   • Assessment of Environmental Effects entitled 'Resource Consent Application Streamlined Process', pages 1 - 33, prepared by Mr Colin Hardacre, of Hardacre Planning Limited, date stamped by the council 25 October 2007
   • application plans entitled 'Peter Snell Institute of Sport - New Office Headquarters & Club Rooms', Sheets 1, 2 and 3, date stamped by the council 23 August 2007 and prepared by Dayman Architects
   • Traffic Engineering Assessment from Traffic Planning Consultants Ltd, dated August 2007 and entitled 'Proposed Entertainments Facility 69 Selwyn Street Onehunga, date stamped by the council 23 August 2007 and prepared by Mr Bryce Hall
   • a council commissioned traffic assessment, prepared by Mr E Ting Wong of GHD Ltd, dated 4 October 2007.

   Main Findings of Fact

   The main findings of fact are that:

   1. the Entertainment Facility will result in minor adverse on-street parking effects compared to the existing Tavern Activity
   2. the Entertainment Facility will be located within an existing building and is sufficiently separated from nearby residential properties.

   Reasons for the Decision

   Pursuant to section 113 of the Resource Management Act 1991, the reasons for this discretionary activity consent follow.

   1. The granting of consent to the application will have minor adverse effects on the environment. In particular, the entertainment facility will result in minor adverse on-street parking effects compared to the existing tavern activity
   2. The availability of public parking in close proximity to the site.
   3. The granting of consent to the application is consistent with the objectives and policies of the District Plan.
   4. The imposition of the following conditions will ensure that the effects of granting the application are minor, and, in particular, that the proposed use of the activity will be carried out in accordance with the plans and application material submitted with the application.
   5. The application is consistent with 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:
      • Assessment of Environmental Effects entitled 'Resource Consent Application Streamlined Process', pages 1 - 35, prepared by Mr Colin Hardacre, of Hardacre Planning Limited, date stamped by the council 25 October 2007
      • application plans entitled 'Peter Snell Institute of Sport - New Office Headquarters & Club Rooms', Sheets 1, 2 and 3, date stamped by the council 23 August 2007 and prepared by Dayman Architects
      • Traffic Engineering Assessment from Traffic Planning Consultants Ltd, dated August 2007 and entitled 'Proposed Entertainments Facility 69 Selwyn Street Onehunga, date stamped by the council 23 August 2007 and prepared by Mr Bryce Hall

      and referenced by the council as LUC20070600201.

      Monitoring

   2. 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.

      Construction

   3. That all earthworks and construction works shall be restricted to the hours from 7.30am to 6.00pm Monday to Friday and from 8.00am to 1.00pm Saturday. No work shall occur on Sundays or public holidays.

      Noise

   4. The L₁₀ noise level and the maximum noise level (L_MAX) arising from any activity measured at or within the boundary of any residential zoned property shall not exceed the following limits:

      Monday to Saturday	7:00am - 10:00pm	L10 50dBA
      Sunday & Public Holidays	9:00am-6:00pm
      At all other times	L10 40dBA Lmax 75dBA

   5. The L₁₀ noise level and the maximum noise level (L_MAX) arising from any activity measured at or within the boundary of any adjacent site (not held in common ownership) within the same mixed use zoning shall not exceed the following limits:

      7:00am - 10:00pm	L10 60dBA
      10:00pm - 7:00a.m	L10 55dBA Lmax 75dBA

   6. The consent holder shall ensure that all access, parking spaces and manoeuvring areas are formed, sealed and marked to the satisfaction of the council (Resource Consent 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;
      • the consent is given effect to; or
      • an application is made to the consent authority to extend the period of the consent, and the consent authority decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.
   2. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 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.
   3. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   4. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Team Leader, Compliance Monitoring and shall include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relates
      • expected duration of works.
   5. If you disagree with any of the above or with any additional charges relating to the processing of the application, you have a right of objection pursuant to section 357 of the Resource Management Act 1991 and which shall be made in writing to the council within 15 working days of notification of the decision. The council will, as soon as practicable, consider the objection at a hearing. Pursuant to section 116, the consent may not commence until such time as any objection or appeal has been decided or withdrawn.

   CARRIED

   5.3. 136 LANSFORD CRESCENT, AVONDALE

   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 section 104B of the Resource Management Act 1991, the discretionary activity land use application by Telecom Mobile Limited to upgrade an existing telecommunications facility with a 20m high mast and the installation of six new panel antennas that:

   • infringes the 2m + 35° building in relation to boundary control as it applies to the southern boundary, by a maximum vertical height of 4.5m over a maximum horizontal length of 0.7m
   • infringes the 2m + 45° building in relation to boundary control as it applies to the eastern boundary, by a maximum vertical height of 1.5m over a maximum horizontal length of 0.7m

   Proposed Plan Modification 90

   • infringes the maximum allowable 15 metre height control by five metres
   • infringes the 2m + 35° building in relation to boundary control as it applies to the southern boundary, by a maximum vertical height of 4.5m over a maximum horizontal length of 0.7m
   • infringes the 2m + 45° building in relation to boundary control as it applies to the eastern boundary, by a maximum vertical height of 1.5m over a maximum horizontal length of 0.7m

   at 136 Lansford Crescent, Avondale, described as Lot 30, DP 77598, CT 33D/1299, 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 36, 93, 94, 104, 104B and 108 (discretionary activity).

   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 Modifications)
   • Part 4A.4.6 Rules for Network Utility Services
   • Part 4A.4.2 Network Utility Objectives and Policies
   • Part 8.6.4.1 Objectives and Policies for the Business 4 Zone
   • Part 8.81.Development Controls for Business Zones
   • Part 8.8.1.13A Additional Controls for Business 3,4,5,5A and 6 Zones.

   In addition, Plan Modification 90, relating to network utility services required consideration.

   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

   The following evidence has been considered by the council:

   • Assessment of Environmental Effects: Lansford Crescent Network Site Upgrade, 136 Lansford Crescent, Avondale, prepared by Chris Horne of Incite, dated August 2007
   • letter prepared by Chris Horne of Incite, dated 2 October 2007
   • Plans Telecom Mobile Ltd. Avondale 2/Lansford Crescent Network Site Plan 136 Lansford Crescent, job number 1/7452/250, prepared by Opus, dated September 2007
   • Expert Report from the council's Environmental Health Specialist Ruben Naidoo, dated 10 October 2007
   • letter prepared by Simon Cooke-Willis, dated 2 October 2007

   Main Findings of Fact

   The main findings of fact are that:

   • the proposal will have less than minor effects on the environment. The proposal is the upgrade of an existing mast with a new mast and antennas of the same height. The new mast and antennas will have a slightly larger diameter than the existing mast; the increased bulk will be virtually indiscernible from the existing mast and antennas. The replacement mast and antennas will have the same appearance as the existing mast and antennas
   • the replacement mast will be located in the same position as the existing mast. The replacement mast and antennas will be a slim line structure and will be light grey in colour. The boundaries of the subject site slope upwards from the location of the mast and the banks are covered in vegetation that provides some screening of the mast. It is noted that the mast will be located at the rear of the site.

   Reasons for the Decision

   The reasons for the decision are that:

   1. the granting of consent to the applicant's proposal will have less than minor effects on the environment. In particular, the proposal will not have any adverse shading or dominance effects on the surrounding environment
   2. the proposal will have positive effects of providing a more efficient telecommunication network in Auckland
   3. the granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities
   4. the imposition of the following conditions will ensure that the proposal is constructed in accordance with the plans, and will ensure that the effects of granting the application are minimised
   5. the applicant's proposal is consistent with the objectives and policies of the Operative District Plan, Proposed Plan Modification 90 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 activity shall be carried out in accordance with the plans and all information submitted with the application, being described as:
      • Assessment of Effects: Lansford Crescent Network Site Upgrade, 136 Lansford Crescent, Avondale. Prepared by Chris Horne of Incite, dated August 2007
      • letter prepared by Chris Horne of Incite, dated 2 October 2007
      • application plans by Opus, Telecom Mobile Ltd. Avondale 2 / Lansford Crescent Network Site 135 Lansford Crescent. Job number 1/7452/250, consisting of two pages, entitled:
        • Sheet 1- Site Plan, rev RAB 2, dated 19 September 2007
        • Sheet 2- Land Plan, rev RAB 1, dated 20 August 2007
      • Expert Report Memo from the council's Environmental Health Specialist Ruben Naidoo, dated 10 October 2007

      and referenced by the council as LUC20070618401.

      Monitoring

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

      The $261.50 (inclusive of GST) charge shall be paid as part of the resource consent fee and 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.

      Environmental Health

   3. The subject antennas referred to in this decision may be modified without further council approval provided that the number and size of antennas do not increase and the antennas comply fully with all other requirements of Part 28 of the Bylaw and the District Plan.
   4. Upon request from the council, at no lesser intervals than annually, the consent holder shall provide written confirmation to the Resource Consents Monitoring Leader that the conditions are being complied with and that the scale and significance of the actual or potential effects of the activity have not altered from that originally set out by the consent holder.

      In the event of non-compliance with Part 28 of Auckland City's Consolidated Bylaw 1998-Radio Frequencies the subject antennas shall cease operating until compliance can be met. Any cost associated with the cessation or operation of all or part of the facility, or the realignment or repositioning of antennas shall be the responsibility of the consent holder

   5. Prior to the proposed facility commencing operation a warning sign shall be placed at the access to the building roof, to warn any workers or any other members of the public gaining access to this area, of the risk and detailing the extent of the affected area.

   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 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 antennas are to be operated so that the radiofrequency field does not exceed 112.5mW cm-2, as measured according to NZS 6609: Part 2: 1990 at any point where people (other than those workers defined within the New Zealand Standard NZS 6609) could reasonably be exposed.
   3. The applicant needs to obtain all other necessary consents and permits, including those under the Building Act 2004, and comply with all relevant Council Bylaws. It is further noted that this consent does not constitute building consent approval. Please check as to whether or not a building consent is required under the Building Act 2004. If a building consent application is already lodged with the council or has already been obtained, you are advised that, unless otherwise stated, the use shall not commence until conditions of this resource consent have been met. Furthermore, if this consent and its conditions alter or affect a previously approved building consent for the same project, you are advised that a new building consent may need to be applied for.
   4. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   5. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification should be sent to the Team Leader, Compliance Monitoring (fax: 353 9052) and include the following details:
      • name and telephone number of the project manager and site owner
      • site address to which the consent relates
      • activity to which the consent relate
      • expected duration of works.
   6. If you disagree with any of the above conditions IF newlots = 0 "" " (excluding the condition relating to the financial contribution for development)"  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. Pursuant to section 116, the consent will not commence until any objection or appeal has been withdrawn or decided.

   CARRIED

   That Item C1 be taken at this point.

   CARRIED

   5.4. 33-45 GLOVER ROAD, ST HELIERS

   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 no more than minor, and
   • no persons are adversely affected by the activity
   • pursuant to rules 4.3.2.5 and 4.3.2.6, the matters for which consent is required, with the exception of the matter of modifications to a scheduled geological feature, shall be processed without public notice or service of notice
   • with respect to the matter of the proposed modification to a scheduled geological feature, it is considered that the adverse effects of this activity on the environment will be no more than minor

   That, pursuant to section 94C, there are no special circumstances to warrant notification. It is noted that in making this decision, the Sub-Committee has taken into account:

   • a letter from David and Angela Gourlie Family Trust, 55 Glover Road, St Heliers, dated 20 November 2006
   • a letter from Grant Stainton, 11a Glover Road, St Heliers, dated 21 November 2006
   • a letter from Ross & Shona Noble, 49 Glover Road, St Heliers, dated 14 November 2006
   • a letter from R & M Lind, 3 Waitara Road, St Heliers, dated 16 November 2006
   • a letter from The Tudor No. 2 Trust, PO Box 25-047, St Heliers, dated 22 November 2006
   • a letter from Kay McCarthy, 11 Waitara Road, Glendowie, dated 20 November 2006
   • a letter from Kate Saunders, PO Box 125 248, St Heliers, dated 23 November 2006
   • a letter from David Gapes and Ingrid Hasler, 3/16 Glover Road, St Heliers, dated 23 November 2006
   • advice from Community Board Member Mr D Roberton, referred to in paragraph 4.4 of the officer's report.

   Pursuant to section 104B of the Resource Management Act 1991, the discretionary activity land use application by The BBG Trust to demolish four existing dwellings and construct eight new apartments located in two four-storey buildings on the property that:

   • involves earthworks with an area greater than 250m2 on an area with an average slope more than 5%. This is a restricted controlled activity under Rules 4.3.2.5 & 4A.2 of the Operative District Plan 1999 - Isthmus Section. In particular, the applicant proposes to undertake earthworks over an area of approximately 4000m2 with an average slope of approximately 25%
   • involves the removal of 20 generally protected trees. Restricted discretionary activity consent is required pursuant to Rule 5C.7.3.3C of the Operative District Plan 1999 - Isthmus Section
   • involves the modification of sites which have been scheduled as having a feature of geological significance (St Heliers Explosion Crater B15-07). Any modification of this feature requires consent as a Discretionary Activity under Rule 5C.7.4A.3 of the Plan
   • involves the use and development of sites that are identified on council records as being potentially subject to weak/filled ground. Pursuant to Rule 5D.6.1.1 of the Operative District Plan 1999 - Isthmus Section, any use, development or subdivision of land known to be subject to instability is a restricted discretionary activity in accordance with Clause 4.3.2.6 of the Operative District Plan
   • infringes the private open space control (Rule 7.8.1.8B of the Operative District Plan 1999 - Isthmus Section) as it applies in this zone with respect to all the upper level units as they do not meet the minimum standards requiring a 100m2 area capable of accommodating a 6m diameter circle. This is a restricted discretionary activity pursuant to Rule 4.3.2.1B (Development Control Modification)

   at 33-45 Glover Road, St Heliers, described as Lot 3 DP41983 CT NA1666/64 Lot 1 and Pt Lot 2 DP39983 CT NA1927/41, Lot 2 DP39983 CT NA1927/42, Lot 3 DP39983 CT NA129A/561, be granted consent.

   Life of Consent

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

   • the consent is given effect; or
   • an application is made to Auckland City Council to extend the period of the consent, and Auckland City Council decides to grant an extension after taking into account the statutory considerations, set out in section 125(1)(b) of the Resource Management Act 1991.

   Pursuant to section 113 of the Resource Management Act 1991, the following matters have been taken into account in making the decision set above:

   Relevant Statutory Provisions

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

   • sections 93, 94, 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:  

   • Clauses 4.3.2.5 & 4A.2 (Earthworks)
   • Clause 5C.3.1 (Objective)
   • Clause 5C.7.3.3C (General Tree Protection)
   • Clause 5C.7.4A.3 (Geological Feature - St Heliers Explosion Crater B15-07)
   • Clause 5D.6.1 (Land Subject to Flooding or Instability)
   • Clause 7.8.1.8B & 4.3.1.2B (Development Control Modification - Private Open Space Control)

   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 letter from Barker & Associates dated 10 May 2007 and the amended plans from Baxter Design Group entitled "BBG Trust Apartments" drawn by Modern Architecture Partners labelled 'May 2007' (22 sheets)
   • the assessment of effects prepared by Barker & Associates Limited, dated August 2006 pages 1-25 and including attachments 1-11
   • the memorandum prepared by the council's Arborist Gerard Mostert, dated 3 October 2006
   • the memorandum prepared by the council's Senior Urban Designer Peter Hearn, dated 28 August 2006
   • the memorandum prepared by the council's Senior Heritage Officer Peri Buckley, dated 28 August 2006
   • the planning report prepared by Dales Consultancy Services Limited, dated 29 October 2006
   • the planning report prepared by Dales Consultancy Services Limited, dated 30 October 2007.

   Main Findings of Fact

   The main findings of fact are that:

   • the subject land is held in four separate certificates of title, which are proposed to be tied together by a covenant so that they cannot be dealt with separately without the consent of the council
   • the subject land is zoned Residential 5 in the Operative Auckland City Council District Plan (Isthmus Section), is located within the St Heliers Explosion Crater and is identified on council records as being potentially subject to weak/filled ground
   • the BBG Trust Limited is seeking approval from Auckland City Council to demolish four existing dwellings and construct eight new apartments located in two four-storey buildings
   • local residents and members of the Eastern Bays Community Board have raised concerns with the proposed development
   • the positioning of the apartments, coupled with the "digging-in design", proposed landscaping and staged earthworks, effectively minimise the effects of the proposal on the St Heliers Explosion Crater
   • as the site is in the locality of known archaeological sites, a condition is proposed requiring that a protocol is to be followed should archaeological sites be exposed during the construction phase. This requirement will ensure that any potential adverse effects on cultural heritage are effectively avoided in the construction phase
   • geological investigations confirm that the underlying geology is basically stable and will provide good foundation support for the proposed development. Conditions will require further detailed engineering calculations at building consent stage to verify their preliminary findings
   • the proposed development can be appropriately serviced by infrastructure
   • the council Arborist confirms that, subject to conditions, he supports the proposed tree removals and that the landscape proposal is appropriate and coherent, providing a clear landscape theme
   • while the proposed apartment buildings will be of a scale that is larger than those on surrounding sites, the scale is not beyond that which is anticipated in the future development of the area. It is recognised that the form of the buildings will differ from the surrounding development. However, the design ensures that the mass of the buildings are broken down by the separation of the apartment buildings, by the stepped nature up the explosion crater and by the detailed supporting landscaping. The design details a high standard to materials that will add value and variation in texture to the local architecture that will create visual interest, yet will not dominate or appear overbearing in the local setting
   • any adverse effects on local views, of shadowing and dominance in this regard will be no more than minor
   • the proposed development will provide high-quality outdoor space on the proposed terraces and patios for the future residents ensuring that their amenity will not be compromised
   • access and parking arrangements are compliant with the relevant council standards
   • the application has been amended since lodgement and the changes are detailed in the letter from Barker & Associates, dated 10 May 2007. In summary, the key changes in the amended application are:

   1. a reduction in the number of buildings from three to two and the total apartments from 12 to eight
   2. the buildings sit lower on the site meaning that their finished level is approximately between one and two metres lower than the original versions
   3. there is a reduction in the required level of earthworks and an increase in the number of specimen tree planting
   4. the amended version reduces the number of vehicle crossings in that it now seeks a single crossing to serve both of the buildings
   5. the reduction in the size of the individual areas of private open space to be provided for each apartment from 90m² to 42m².

   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, it is considered that potential adverse effects will generally be wholly contained within the subject site or will be able to be mitigated through the imposition of conditions which have been imposed.
   2. The granting of consent to the applicant's proposal is consistent with the relevant assessment criteria for discretionary activities, and, in particular, the proposed development will have no more than minor adverse effects on the amenity of the local residential environment. The granting of consent is subject to conditions that ensure that any adverse effects of earthworks, soil instability and tree removal are managed by appropriate practice and the required landscaping to be undertaken. It is further considered that the proposed development will provide high-quality outdoor space on the proposed terraces and patios for the residents, together with the communal outdoor open space provided elsewhere on the site, ensuring that their amenity will not be compromised.
   3. The imposition of the following conditions will ensure that the effects of the applicant's proposal are effectively mitigated, and, in particular, that the proposal is undertaken in accordance with the plans and all information submitted with this application and the recommendations of the council experts.
   4. The proposed development complies fully with the District Plan provisions for density and all the residential development controls relating to the intensity level, maximum height, building in relation to boundary, maximum building coverage, minimum landscaped permeable surface, maximum paved impermeable surface, yards, vehicle use of residential sites, noise, screening of storage and service areas and parking spaces, lighting and parking and access.
   5. The applicant's proposal is consistent with the objectives and policies of the Operative District Plan, and the sustainable management purpose of the Resource Management Act 1991.

   Conditions of Consent

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

   Activity in Accordance with Plans

   1. The proposed activity shall be carried out in accordance with the plans and all information submitted with the application being described as:
      • the letter from Barker & Associates, dated 10 May 2007 and the amended plans from Baxter Design Group entitled "BBG Trust Apartments" drawn by Modern Architecture Partners labelled 'May 2007' (22 sheets)
      • the Assessment of Effects prepared by Barker & Associates Limited, dated August 2006, pages 1-25
      • Archaeological Report entitled "Waimarie St and Glover Rd, St Heliers: Archaeological Assessment" prepared by Clough & Associates Ltd, dated March 2005
      • Geotechnical Report entitled "Glover Road Development Geotechnical Report" prepared by Tonkin & Taylor Ltd and dated November 2005
      • Traffic Engineering Report entitled "BBG Trust Glover Road Apartment Traffic Engineering Report" prepared by T2 Engineers and dated 26 May 2006
      • Urban Design Report entitled "Urban Design Review of Proposed Apartment BBG Trust St Heliers, Auckland" prepared by Baxter Design Group and dated June 2006

      with all information being referenced by the council as LUC20060541001.

      Monitoring

   2. The consent holder shall pay to the council a consent compliance monitoring charge of $381.44 (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 $381.44 (inclusive of GST) charge shall be paid as part of the resource consent fee and 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.

      Covenant on Titles

   3. A covenant pursuant to section 108(2)(d) of the Resource Management Act 1991 shall be entered into between the Auckland City Council and the owner(s) of Lot 3 DP 41983 (CT NA1666/64); Lot 1 & Part Lot 2 DP 39983 (CT NA1927/41); Part Lot 2 DP 39983 (CT NA1927/42) and Lot 3 DP 39983 (CT NA129A/561); that those allotments shall not, without the consent of the council, be transferred, leased, or otherwise disposed of, except in conjunction with each other.
   4. Evidence of the covenants and arrangements for registration on the title shall be undertaken by the consent holder at their own expense and be provided to the satisfaction of the council (Resource Consents Monitoring Leader), prior to the issue of a Code Compliance Certificate for the apartments.

      Construction and Earthworks

   5. Prior to commencement of any works on the site, the consent holder shall submit a Construction Management Plan to the satisfaction of the council (Resource Consents Monitoring Leader). The Construction Management Plan shall include specific details relating to avoiding, remedying or mitigating adverse effects on the environment of the demolition, earthworks, construction and management of all works associated with this development as follows:
      1. details of the site manager, including their contact details (phone, facsimile, postal address)
      2.  the location of a large noticeboard on the site that clearly identifies the name, telephone number and address for service of the site manager
      3. 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
      4. ingress and egress to and from the site for vehicles and construction machinery during site works period
      5. proposed location of any wheel-wash facilities
      6. proposed numbers and timing of truck movements throughout the day and the proposed routes
      7. proposed hours of work on the site (NB: hours shall correspond with any other condition in this consent relating to working hours).

      The above details shall be shown on a site plan and supporting documentation as appropriate. The approved Construction Management Plan shall be implemented and maintained throughout the entire demolition and construction period.

   6. The consent holder shall implement suitable sediment control measures during all earthworks to ensure that all stormwater run off from the site is managed and controlled to ensure that no silt, sediment or water containing silt or sediment is discharged into stormwater pipes, drains, channels or soakage systems in accordance with the Auckland City Operative District Plan 1999 (Isthmus) Annexure 14 Guidelines for sediment control. In the event that material is deposited on the street, the consent holder shall take immediate action at their own expense, to clean the street. These measures shall remain in place until the completion of the development.

      Engineering

   7. That any specific engineering design takes into account the recommendations of Tonkin & Taylor Ltd's report, "Glover Road Development Geotechnical Report", dated November 2005. The specific engineering design is required to be appropriately detailed at the building consent stage and supplied to the council (Resource Consents Monitoring Leader) for approval prior to works commencing.

      Trees

   8. A copy of the Conditions of Consent shall be held on site at all times.
   9. The consent holder shall appoint a consulting arborist to supervise all work on site that has a tree care component, including tree removals, tree transplanting, tree protection and works within the dripline of trees. The consent holder shall identify this consulting arborist to the council's arborist prior to commencing works.
   10. During the construction phase of the project, the consent holder's consulting arborist shall provide a monthly self-monitoring report, or at a lesser interval as agreed with the council's arborist, to the council (Resource Consents Monitoring Leader), detailing the work that has taken place each month, and commenting on the protection of trees on site.
   11. No road berm trees shall be removed, nor shall any work be undertaken within the dripline of any road berm tree, without the express permission of the landowner (Auckland City ACR Services). The applicant shall contact the ACR Services Arborist (Howell Davies) if any work affecting road berm trees is proposed. All work on road berm trees shall only be undertaken by Auckland City ACR Services or their nominated subcontractors.
   12. Prior to commencing work on site, the consent holder shall arrange a pre-commencement meeting on site to be attended by the consent holder, the consent holder's consulting arborist, the council's arborist and the relevant council compliance officer. At this meeting, the trees to be removed shall be clearly identified, and agreement shall be reached about protection of vegetation to remain on site, including the location and type of protective fencing if necessary. The proceedings of this meeting shall be minuted and supplied to the council (Resource Consents Monitoring Leader).
   13. Any trees earmarked for transplanting shall be relocated prior to commencement of construction work on site.
   14. Any trees to be retained that are in close proximity to the construction works shall be fenced prior to commencement of construction work. The protective fencing shall be to the satisfaction of the council (Resource Consents Monitoring Leader), and shall be maintained in position until all construction work is complete.
   15. The area within the temporary protective fencing is to be considered a total exclusion zone as follows:
       1. i. no storage of diesel, cement, building materials, site huts, spoil etc within the delineated area
       2. ii. no spillages of substances likely to be injurious to tree health within seepage distance of the delineated area
       3. iii. no alteration to the dimensions of the delineated area without the prior approval of the nominated arborist
       4. iv. no access into or works within the delineated area without the prior approval of the nominated arborist.
   16. The temporary protective fencing shall be constructed from a solid face (i.e. plywood or corrugated iron) attached to a sturdy framework of freestanding scaffolding or posts. It must constructed to a minimum height of 1.8m must remain in place for the duration of the project. Signs should be attached to the temporary fence stating that it is a tree protection area and there should be no unauthorised entry.
   17. The consent holder will be responsible for maintaining the condition of this temporary protective fencing. The condition, repair and location of the temporary protective fencing should be regularly inspected as part of a routine tree-monitoring program.
   18. During the construction process the consent holder's arborist may make recommendations on the installation of irrigation systems, mulch, or remedial pruning works, if they are required to improve the health of the trees.
   19. No vehicle movements, equipment or spoil storage shall be permitted within the driplines of any protected trees on site unless it can be kept within the bounds of an existing sealed surface or the prior approval is obtained from the council (Resource Consents Monitoring Leader).
   20. No excavation, except for building footprints, shall be permitted within the dripline of any generally-protected trees on site. Service trenches shall be routed outside the dripline of any generally-protected trees.
   21. The trees required to be removed from the building footprints of the BBG Trust apartments shall be felled prior to the commencement of excavation of the particular building footprint to which it relates.
   22. All specimen pohutukawa trees along the road frontage boundary and all specimen trees atop the crater rim shall be a minimum of 5m in height when planted. All other specimen trees shall be a minimum height of 3m when planted. All work shall be carried out at the consent holder's expense to the satisfaction of the council (Resource Consents Monitoring Leader).
   23. Before giving effect to the proposals set out in the detailed landscaping plans lodged with the application ("Glover Road, St Heliers, Auckland, Landscape MasterPlan", "Glover Road, St Heliers, Auckland, Planting Plan" and "Glover Road, St Heliers, Auckland, Tree Inventory", all dated April 2007), the applicant shall provide to the Resource Consents Monitoring Leader, Auckland City Environments, a detailed plan for the on-going maintenance of all trees and plants planted on the site for approval. This detailed plan shall specify the proposals to be undertaken to ensure the on-going survival of all new planting.
   24. The consent holder shall notify the council (Resource Consents Monitoring Leader), once the landscaping required as a condition of consent has been completed. This notification shall include a copy of the landscape plan, together with the site address and landuse consent reference number.
   25. To ensure the performance of conditions (9)-(24) (as above) the consent holder shall pay a bond to the sum of $60,000.00 to the council and:
       1. i. This bond shall be paid prior to commencement of work on the site and shall be either cash or guaranteed by a registered trading bank in accordance with the council's requirements.
       2. ii. The bond shall be held for a minimum period of 24 months from the date of planting. The bond shall be released when, in the opinion of the Team Leader Resource Consents, conditions (9)-(23) been satisfied.
       3. iii. The bond document shall be prepared by the consent holder at his/her expense and submitted to the council (Resource Consents Monitoring Leader) for approval. Any costs incurred by the council in preparing, checking, assessing and release of this bond shall met by the consent holder.

       Lighting

   26. A detailed lighting plan shall be provided for the approval of the council (Resource Consents Monitoring Leader). The approved lighting plan shall be implemented prior to Code of Compliance certificates being issued for the apartments.

       Building Materials and Finishes

   27. Any variation to the materials indicated on the list accompanying the Perspective Views included with the application shall be subject to the approval of the council (Resource Consents Monitoring Leader).

       Geological Feature

   28. The consent holder shall employ a suitability qualified Geologist to record the nature of the material present during the excavations and earthworks, for scientific purposes. A report is to be submitted to the City Heritage Manager, City Planning, 10 working days after the excavations and earthworks have occurred on site.
   29. If any unusual geology is exposed during site works then the following procedures shall apply:
       1. i. immediately it becomes apparent that unusual geology has been exposed, all site works shall cease
       2. ii. the site supervisor shall immediately secure the area in a way that ensures the geology is untouched
       3. iii. the site supervisor shall notify the City Heritage Manager, City Planning, Auckland City Council than unusual geology has been exposed and so that appropriate action can be taken. This includes such persons being given a reasonable time as determined by the council to record the features discovered before work may recommence on the site.

       Archaeological Site(s)

   30. If any archaeological or traditional sites, including human remains, are exposed during site works then the following procedures shall apply:
       1. i. immediately it becomes apparent that an archaeological or traditional site has been exposed, all site works shall cease
       2. ii. the site supervisor shall immediately secure the area in a way that ensures that any artefacts or remains are untouched
       3. iii. the site supervisor shall notify tangata whenua, the New Zealand Historic Places Trust, the Department of Conservation, City Heritage Manager, City Planning, Auckland City Council and, in the case of human remains, the Police, than an archaeological or traditional site has been exposed and so that appropriate action can be taken. This includes such persons being given a reasonable time as determined by the council to record and recover archaeological features discovered before work may recommence on the site.

   ADVICE NOTES

   1. 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.
   2. A copy of this consent shall be held on site at all times during the establishment and construction phase of the activity.
   3. The consent holder is requested to notify the council, in writing, of their intention to begin works, a minimum of seven days prior to commencement. Such notification shall be sent to the Team Leader, Compliance Monitoring and shall include the following details:
      1. name and telephone number of the project manager and site owner
      2. site address to which the consent relates
      3. activity to which the consent relates
      4. expected duration of works.
   4. 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.
   5. 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.
   6. The applicant is advises that further engineering approvals will be required from Auckland City Council and/or Metrowater prior to the proposed installation of new stormwater and wastewater lines.
   7. 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.
   8. 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.

   CARRIED

6. APPOINTMENT OF COMMISSIONERS

   6.1. 2 BLACKETT CRESCENT, MEADOWBANK

   That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to remove one/ Japanese Cedar tree at 2 Blackett Crescent, Meadowbank.

   CARRIED

   6.2. 11 TORRANCE STREET, ROYAL OAK

   That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to remove one Puriri tree at 11 Torrance Street, Royal Oak.

   CARRIED

   6.3. 88C CHURCH BAY ROAD, WAIHEKE ISLAND

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to change the use of an existing 58.5m² building at 88C Church Bay Road, Waiheke Island, constructed and operated as a visitor facility, into a dwelling.

   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	EXTRA-ORDINARY BUSINESS 61 Cory 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 4.52pm.