MINUTES OF A MEETING OF THE PLANNING FIXTURES SUB-COMMITTEE

HELD ON TUESDAY, 20 NOVEMBER 2007 AT 1:04 PM
adjourned at 3.25 pm and reconvened at 3.30 pm

1. APOLOGIES

   That the apology from Mr C Stewart be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning Fixtures Sub-Committee meeting held on Tuesday, 13 November 2007 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   3.1 160 COLLEGE ROAD, ST JOHNS (MT WELLINGTON QUARRY)

   That an item relating to the appointment of commissioners to determine an application to construct five blocks of residential apartments to accommodate 314 residential units in the Residential 8b zone at 160 College Road, St Johns (Mt Wellington Quarry) be considered as extraordinary business at agenda item 6.5 for the reason that there have been unexpected delays with the processing of the application and the appointed commissioners will process the application as a determination.

   CARRIED

4. SIGNS BYLAW APPLICATIONS4.1. 175-243 NEILSON STREET, ONEHUNGA

   That the application by Mike Friend, Lexicon Group for a dispensation from Part 27B of the Auckland City Council Consolidated Bylaw Billboards 2007 to establish a directional sign (billboard) that is 3.25 metres high by 1.5 metres wide, with a total face of 4.85 metres, which infringes the following clauses:

   Protection of Amenity

   27B.1.3 Billboards may not:

   11. be placed within 30 metres of a site zoned open space in the Isthmus
   12. be placed on a scheduled heritage building or scheduled heritage site, or within 30 metres of a scheduled heritage building or scheduled heritage site

   at 175-243 Neilson Street Onehunga (described as road reserve) be approved for the following reasons:

   1. the directional sign (billboard) satisfies the criteria of the Billboards Bylaw, and is not contrary to the objectives of the Billboards Bylaw. The billboard is considered appropriate to advertise the location of the adjacent park and cemetery, and will not adversely affect traffic safety. The sign does not detract from the scheduled site
   2. the proposed directional sign (billboard) is in keeping with the overall visual character of the surrounding environment. The colour and design of the sign is visually recessive and its placement will integrate the sign within the traffic island garden
   3. While it is possible for the billboard to comply with the protection of amenity and location requirements of the Bylaw and be placed over 30 metres from the open space, the purpose of the sign is to advertise the location of the park and the access road. In this regard, the proposed location is considered to be suitable to advise drivers of the proximity of the park and will not adversely affect existing amenity or dominate the local environment.

   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:

   • plans prepared by Lexicon entitled "Waikaraka Large Plinth", dated 25/05/2007, associated photos showing the location of the proposed sign and visual effects, application material and traffic report from the Traffic Design Group entitled "Proposed signage review Alfred Street/ Neilson Street Onehunga", dated 26/10/2007

   and all other information referenced by the council as LUC20070445501.

   2. This exemption shall expire six months after the date of the approval of the exemption, unless the sign (billboard) (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. 75-89 ONEHUNGA MALL, ONEHUNGA

   Secretarial Note: The applicant amended the application during the course of the meeting for the stretched fabric backing to remain as applied for, being one at 21 m² (Unit 5) and two at 26 m² each (Units 3 and 4), and the allowable space for words and visuals being limited to 40% of these areas.

   That the application by Samson Corporation Ltd & Sterling Nominees Ltd for a dispensation under Part 27 of the Auckland City Council Consolidated Bylaw (Signs) to install three signs on the building at 75-89 Onehunga Mall, as described within the application material prepared by Jeff Brown of Brown & Pemberton, which:

   • are located more than three metres above ground level
   • exceed two square metres
   • cover all or part of a window
   • protrudes more than 300mm from the face of the building

   at 75-89 Onehunga Mall, Onehunga, described as Lot 1 DP 380150 CT321322, be granted for the following reasons:

   1. the proposal is consistent with Objective 27.6 and assessment criteria of Part 27 of the Bylaw
   2. the proposed signs are considered appropriate for the building and location for which they are intended, and will not create cumulative or adverse effects because this particular locality has a commercial and industrial character, with an absence of any residential development.

   This application is approved subject to the conditions that follow.

   1. Except as amended by conditions (2), (3) and (4) below, the proposed activity shall be carried out in accordance with the plans and all information submitted as part of this application being:

   • plans entitled "83 Onehunga Mall Onehunga Auckland including site plan, section proposed signage, proposed signage elevation", drawn by RTA studio and dated June 2007
   • planning report entitled "Application for sign permit- 75-89 Onehunga Mall, Onehunga", prepared by Jeff Brown of Brown & Pemberton and dated 02 August 2007

   and all information referenced by the council as LUC20070525101.

   2. The stretched fabric backing over Units 3 and 4 shall measure no greater than 26 m² each and the approved signage shall not exceed 40% of each area.
   3. The stretched fabric backing over Unit 5 shall measure no greater than 21m² and the approved signage shall not exceed 40% of this area.
   4. The background colour of the stretched fabric backing should be complementary to the signage.

   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 4.2 A]

   4.3. 20 NEWTON ROAD, NEWTON

   This item has been withdrawn from the agenda at the request of the reporting planner.

   4.4. 152 FANSHAWE STREET, AUCKLAND CENTRAL

   That this application for a dispensation from Part 27 (Signs 2007) of the Auckland City Consolidated Bylaw by Grant Thornton Limited to install three flat wall-mounted building naming signs, comprising three single-sided, fabricated acrylic letters, internally illuminated with neon, on the eastern, western and southern façades of the building located at 152 Fanshawe Street, Auckland Central, and as described in the information submitted with the application prepared by Barrie Dyer, Harbour City Signs Limited on behalf of the applicant, be approved for the following reasons:

   1. the scale, design and location of the signs is considered appropriate to the architectural style of the building and, in particular, its location on the corner of Halsey and Fanshawe Streets
   2. the signs will not detract from the visual amenity of the building and surrounding environment. Visual clutter is avoided as only one sign at a time is visible from each approach to the site
   3. the proposed signs will not adversely affect traffic or pedestrian safety in the locality
   4. the degree of non-compliance with the requirements of the Bylaw is minor. The approval of the proposal is considered to be reasonable and consistent with the objectives of the Bylaw.

   The proposal is approved subject to the conditions that follow.

   1. The proposal shall take place in accordance with all information submitted with the application and the plans prepared by Harbour City Signs Limited, referenced by the council as LUC20070711001.
   2. The approved flat wall naming signs are to be erected within six months of this consent, otherwise the consent shall lapse.
   3. The dispensation is for the lifetime of the tenancy (Grant Thornton Limited), and the flat wall signs shall be removed once that tenancy ceases operation or the naming rights for the building cease.

   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 other relevant Council Bylaws.

   CARRIED

   4.5. 11 EDWARD WAYTE PLACE, GRAFTON

   After considering the submissions presented by Mr Martin Williams, the evidence presented by Mr Jason Hogan, both on behalf of Oggi Advertising Limited, the verbal submissions by Ms Hepplethwaite on behalf of Transit New Zealand, together with the report prepared by Mr Tanvir Bhamji on behalf of the council, including the original application for dispensation prepared by Blakey Scott Planning Limited, dated April 2006, the comment from the Hobson Community Board Signs Representative, dated 28 September 2007, and also considering the provisions of both the current 2007 version of the Bylaw and the version that was operative at the time the application was lodged with the council in April 2006, 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 declined for the following reasons:

   1. the two billboards are located within the Special Purpose 3 (Transport Corridor) zone - a zoning that in this location is restricted to the land designated for motorway purposes. The Bylaw at 27B.1.2 does not permit billboards in this zone
   2. the location and orientation of the two billboards are specifically directed towards the motorway and passing traffic and, because of this, the billboards subject of the dispensation application do not comprise a significant component within the adjoining commercial environment which is found to the south and west of the motorway and which is zoned for business purposes. The existing signage and billboards within this business zoned area are of little relevance to the determination of the visual impact of the two billboards under consideration
   3. the two billboards are contrary to objectives (a), (e) and (f) of the Bylaw. The bylaw provisions do not specifically identify the Special Purpose 3 (Transport Corridor) zone as an appropriate place in which to establish billboards (objective (a)), the bylaw seeks to ensure that billboards are placed in areas and in such a way that traffic safety is maintained (objective (e)) and the bylaw seeks to avoid visual dominance, adverse cumulative effects and clutter (objective (f))
   4. Transit New Zealand, who is responsible for the motorway, have stated by letter dated 1 May 2007 that the proposal contravenes Transit's Signs Bylaw and that Transit holds concerns generally regarding traffic safety in regards to signage. Despite the specialist traffic evidence produced in support of the application, the written advice from Transit has been considered to be a matter that cannot be ignored in reaching a decision on the traffic safety aspects of this proposal
   5. Although not determinative in reaching this decision, the two billboards are located over public places without the written permission of the council in relation to the road reserve, or the written permission of Transit New Zealand in relation to the motorway land. Both authorities have made written requests asking for the billboards to be removed. While appreciating Mr Martin's submission that property ownership is not a relevant consideration, there is no logic in granting a dispensation to these billboards in these circumstances, even if they were consistent with the objectives of the Bylaw, as they have no legal entitlement to remain as they have been constructed.

   ADVICE NOTE

   1. That the existing billboards shall be removed within 20 working days of the date of this decision.

   CARRIED

5. RESOURCE CONSENT APPLICATIONS AND OTHERS5.1. 65-73 PARNELL RISE, PARNELL

   That the discretionary activity land use application by Lake Gardens Limited to carry out alterations and additions to a building at 65–73 Parnell Rise, Parnell be deferred for further consideration of the issues raised during the course of the meeting, particularly in relation to traffic management and parking, and considered further by the Sub-Committee at its meeting on 27 November 2007.

   CARRIED

6. APPOINTMENT OF COMMISSIONERS 6.1. 28-32 VIEW ROAD AND 6-8 SYDENHAM ROAD, MT EDEN

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to establish a retirement village on the site that would involve a major redevelopment of the existing Salvation Army rest home and pensioner village at 28-32 View Road and 6-8 Sydenham Road, Mt Eden.

   CARRIED

   6.2. 26-28 ARTHUR STREET, FREEMANS BAY

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to remove the existing house located at No28 (but now part of the same site as No26) and carry out substantial modifications to the existing building at No26 based upon a design which takes into account the newly formed larger site (including accessory buildings) at 26-28 Arthur Street, Freemans Bay.

   CARRIED

   6.3. 19 BIRDWOOD CRESCENT, PARNELL

   That three planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to establish an office activity within a residential 7a zone at 19 Birdwood Crescent, Parnell.

   CARRIED

   6.4. 10 COMBES ROAD, REMUERA

   That one planning commissioner from the 'pool' of planning commissioners be appointed to hear and determine an application to remove one Oak tree at 10 Combes Road, Remuera.

   CARRIED

   6.5. 160 COLLEGE ROAD, ST JOHNS (MT WELLINGTON QUARRY)

   That two planning commissioners from the 'pool' of planning commissioners be appointed to hear and determine an application to construct five blocks of residential apartments to accommodate 314 residential units in the Residential 8b zone at 160 College Road, St Johns (Mt Wellington Quarry).

   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	S274 notices by Auckland City Council in relation to appeals to the Auckland Regional Council consents relating to the Transit New Zealand Manukau Harbour Crossing project.	The public conduct of the part of the meeting 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, s 274 notices lodged by Auckland City Council in relation to appeals lodged against the Auckland Regional Council consent to the Manukau Harbour Crossing project. Disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings	S48(1)(a) The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation
   C2	Request for representative/s at Environment Court mediation on behalf of Auckland City Council in relation to appeals to the Auckland Regional Council consents relating to the Transit New Zealand Manukau Harbour Crossing project.	The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.	Section 7(2)(j) The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage. In particular, the request for council representative/s at Environment Court mediation related to appeals to Auckland Regional Council consents in relation to the Manukau Harbour Crossing project. Disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings	S48(1)(a) The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation

   CARRIED

   There being no further business the Chairman declared the meeting closed at 3.33 pm