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Council member and meetings
Planning and Regulatory Committee
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I hereby give notice that a meeting of the

PLANNING AND REGULATORY COMMITTEE

will be held as follows:

DATE: Thursday, 21 July 2005
TIME: 9:30 am
VENUE: Committee Room, Level 15
  Civic Administration Building
  1 Greys Avenue
  Auckland
Kevin Quensell
HEARINGS SERVICES MANAGER

Members:

Cr Glenda Fryer [Chair]
Cr Christine Caughey [Deputy Chair]
Cr Neil Abel
Cr Doug Armstrong, QSO
Dr Cathy Casey
Cr Bill Christian, JP
Cr Toni Millar
Cr Graeme Mulholland, JP
Cr Noelene Raffills
Cr Faye Storer

Ex Officio:

His Worship the Mayor, Dick Hubbard, ONZM
Deputy Mayor, Dr Bruce Hucker, QSO
  1. Top APOLOGIES

    At the close of the agenda no apologies had been received.

  2. Top CONFIRMATION OF MINUTES

    The minutes of the Planning and Regulatory committee meeting held on Thursday, 12 May 2005 to be confirmed as a true and correct record.

  3. Top EXTRAORDINARY BUSINESS

    Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

    "An item that is not on the agenda for a meeting may be dealt with at that meeting if-

    1. The local authority by resolution so decides; and
    2. The presiding member explains at the meeting at a time when it is open to the public,-
      1. The reason why the item is not on the agenda; and
      2. The reason why the discussion of the item cannot be delayed until a subsequent meeting."

    Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

    "Where an item is not on the agenda for a meeting,-

    1. That item may be discussed at that meeting if-
      1. That item is a minor matter relating to the general business of the local authority; and
      2. The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
    2. no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."
  4. Top PUBLIC FORUM

    A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

    At the close of agenda no requests had been received to speak in public forum.

  5. Top AUCKLAND CITY ENVIRONMENT QUARTERLY OPERATIONAL REPORT APRIL TO JUNE 2005

    J Oxley
    Group Manager Auckland City Environments

    5 July 2005

    Updating the committee on the Group's performance and key activities over the three month period April to June 2005.

    [ATTACHMENT 5]

    Pages 1-8

  6. Top REPORTS REQUESTED/PENDING

    K Quensell
    Hearings Services Manager

    12 July 2005

    Attaching the Reports Requested/Pending for the month of July 2005 from the Hearings Services Manager.

    Recommending that the report be received.

    [ATTACHMENT 6]

    Pages 9-10

  7. Top REACHING FOR A BETTER STANDARD: THE MOVE TOWARDS 2ND GENERATION PLANS

    Cr Glenda Fryer
    Chairman, Planning & Regulatory committee

    13 July 2005

    Community Board Member C Dempsey will be addressing the committee on the review/renewal of the District Plan.

    [ATTACHMENT 7]

    Pages 11-14

  8. Top BYLAW REVIEW PROGRAMME

    K Bell
    Manager Isthmus & Islands

    1 July 2005

    Providing the committee with a status report on current reviews, and Community Board feedback, on the bylaw review programme.

    Recommending steps for the continued processing of the bylaw reviews.

    [ATTACHMENT 8]

    Pages 15-26

  9. Top PROPOSED PRIVATE PLAN CHANGE – AUCKLAND TROTTING CLUB – ALEXANDRA PARK, EPSOM

    P Hall
    Consultant Planner, Boffa Miskell Limited

    11 July 2005

    Advising the committee of the application for a private plan change lodged by The Auckland Trotting Club (Inc) ("ATC") to the District Plan concept plan E09-32, which applies to Alexandra Park.

    Recommending that :

    1. That the request for a private plan change by the Auckland Trotting Club (inc) be accepted in principle and the committee Chair be authorised to accept the final version of the plan change, subject to the satisfactory resolution of the outstanding traffic matters.
    2. That, pending the satisfactory resolution of the outstanding traffic matters, the committee Chair authorise the Manager: Isthmus and Islands Resource Management to commence the necessary statutory procedures for the public notification of the private plan change with a submission period of 20 working days.
    [ATTACHMENT 9]

    Pages 27-70

  10. Top NOISE CONTROL SERVICE AND KPI'S

    J McDougall
    Environmental Health Specialist - Noise

    27 June 2005

    Providing the committee with information on the current processes that council has in resolving noise complaints and managing on-going noise issues around the city.

    Recommending that the report of J McDougall, Environmental Health Specialist dated 27 June 2005 be received.

    [ATTACHMENT 10]

    Pages 71-74

  11. Top DOG APPEAL HEARINGS

    C Connell
    Animal Control Contract Manager

    1 July 2005

    Advising the committee of the current classification processes for dog/dog owners under the Dog Control Act, and mechanisms to consider objections to classification.

    Recommending the committee set up a special meeting to consider objections to the classifications of dogs as 'dangerous' or 'menacing' and of dog owners as 'probationary' or 'disqualified'.

    [ATTACHMENT 11]

    Pages 75-80

  12. Top SIGNS AND BILLBOARDS ENFORCEMENT

    W Adler
    Service Requests Manager

    8 July 2005

    Updating the committee on the signs and billboard enforcement being undertaken by Auckland City Council.

    Recommending that the report of W Adler, Service Requests Manager, dated 8 July 2005 regarding signs and billboard enforcement be received.

    [ATTACHMENT 12]

    Pages 81-84

  13. Top ONEROA SOUTHERN SERVICE LANE – EXTEND LAPSE PERIOD FOR PROPOSED SOUTHERN SERVICE LANE DESIGNATION

    G Tang
    Assistant Transport Planner

    7 July 2005

    Advising the committee of the proposed Oneroa southern service lane designation.

    Recommending that the lapse period for the designation be fixed at twelve years from the expiry of the current designation.

    [ATTACHMENT 13]

    Pages 85-92

  14. Top CENTRAL AREA WEST BUS PRIORITIES, BYLAW ALTERATION

    S Knarston
    Manager Transport Policies and Projects

    6 July 2005

    Advising the committee that the final adjustment of the Central Area West bus priority project saw several minor changes to the scheme and that two of these changes require alteration of the bylaws to bring them into effect.

    Recommending that the committee recommend to council changes that need addressing through the bylaw process for the Central Area West bus lane scheme.

    [ATTACHMENT 14]

    Pages 93-94

  15. Top CENTRAL AREA WEST BUS PRIORITIES

    K Quensell
    Hearings Services Manager

    15 July 2005

    This item was considered by the Transport & Urban Linkages committee at its meeting held 8 July 2005, the committee resolved:

    That it be a recommendation to the Planning and Regulatory committee:

    1. That the following clauses of section 25.5.5 of the Consolidated Bylaw be altered to read:
      1. The traffic lane on the western side of Albert Street:
        1. Commencing at a point 7 metres north of the northern kerb alignment of Swanson Street and terminating at a point 6.5 metres south of the southern kerb alignment of Wolfe Street.
    2. That section 25.5.8 of the Consolidated Bylaw be altered to include the following clauses:
      1. Proceed straight ahead across Fanshawe Street from the northbound left turn only lane of Albert Street at all times.

    Recommending that the resolutions of the Transport & Urban Linkages committee be received.

  16. Top RESOURCE CONSENT APPLICATIONS FOR SENSITIVE SITES WITHIN THE WARD

    K Quensell
    Hearings Services Manager

    13 July 2005

    At its meeting held 25 May 2005 the Eden/Albert Community Board resolved that :

    1. That the Board notes the following areas of sensitive sites in the Eden/Albert Ward, namely:
      • Kingsland shops
      • Balmoral shops
      • Mt Eden village
      • Valley Road shops
      • Sandringham Road shops
      • Maungawhau [and any residential sites bounding Mt Eden]
      • Owairaka [and any residential sites bounding Mt Albert]
      • Mt Albert shops

      The shopping areas are identified on planning maps as generally Business 2 zone. Maungawhau and Owairaka are identified on planning maps.

    2. That the Planning & Regulatory committee be requested to:
      1. recommend to the General Manager City Planning and the Manager Auckland City Environments such sites to Auckland City Environments staff via memorandum and by identification within the GIS and computer systems used by Auckland City Environments regulatory consent planners.
      2. recommend the need for the General Manager City Planning and the Manager Auckland City Environments to give written and verbal directions and explanations to Auckland City planning staff to explain how site sensitivity arises, to be aware of sensitivity surrounding these sites, and that planning staff be requested to take particular care and attention, including carrying out their duties under the Resource Management Act, in assessing applications for resource consent within the general confines of these sites.
    3. That the Board recommends to the Planning & Regulatory committee:
      1. the need to examine closely the assessment of environmental effects checklist utilised by Auckland City Environments consent processing when processing resource consents, and to modify such checklist if necessary; and
      2. that officers investigate the development of a system by which the quality of decisions made by regulatory planning staff can be measured.
    4. That the Board notes that the Ministry for Environment's semi-annual RMA auditing process focuses undue attention on the speed with which a resource consent is processed, and that this is not balanced by a similar focus on the quality of decisions delivered by such processing.
    5. That the Board further notes that the Ministry for the Environment will be undertaking the next RMA survey of local authorities in the 2005/2006 financial year, that the survey questionnaire will be released before 30 June 2005, and that responses will be collected from local authorities after 31 July 2006.
    6. That the Board recommends to the Planning & Regulatory committee that any resource consent applications for sensitive sites in the Eden/Albert ward, as identified, be excluded from any Ministry for Environment auditing process.

    Recommending that the information be considered.

    [ATTACHMENT 16]

    Pages 95-102

  17. Top AUCKLAND ART GALLERY DEVELOPMENT AND ALBERT PARK

    K Quensell
    Hearings Services Manager

    13 July 2005

    At its meeting held 6 July 2005 the Arts, Culture & Recreation committee resolved inter alia:

    1. That it be a recommendation to the Planning and Regulatory committee that the Commissioners that are appointed to hear any objections to the designation and land use consents also be appointed to hear, at the same time if appropriate, any objections to the Reserves Act change of classification proposal.

    Recommending that the committee consider the recommendation from the Arts Culture & Recreation committee.

  18. Top PLAN CHANGE 71 – MIXED USE ZONE

    K Bell
    Manager Isthmus & Islands

    29 June 2005

    Advising the committee of the Environment Court approval of Council's application to make plan change 71 (mixed use zone) operative in part.

    Requesting the committee recommend to council :

    1. That plan 71 (Mixed use zone) as amended by the Environment Court consent orders, be approved and incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the manager: isthmus and islands resource management be authorised to publicly notify the date on which plan change 71 will become operative in part.
    [ATTACHMENT 18]

    Pages 106-185

  19. Top PLAN CHANGE 97 – TAMAKI CAMPUS

    K Dorofaeff
    Senior Planner

    28 June 2005

    Advising the committee of the Environment Court consent order settling the appeal lodged to Plan Change 97 (Tamaki Campus) and requesting that the committee recommended to council :

    1. That plan change 97 for Tamaki Campus, as amended by the Environment Court, consent order, be approved and incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the manager: isthmus and islands resource management be authorised to publicly notify the date on which plan change 97 will become operative.
    [ATTACHMENT 19] Pages 186-197
  20. Top APPOINTMENT OF COMMISSIONERS

    20.1. PLAN CHANGE 142 – PANMURE GROWTH AREA STRUCTURE PLAN AND LOCAL VIEW PROTECTION

    K Quensell
    Hearings Services Manager

    13 July 2005

    At its meeting held 21 June 2005 the Planning Fixtures committee resolved inter alia :

    That it be recommended to the Planning and Regulatory committee that Hearings Commissioners Councillors Glenda Fryer (Chairman), Cr Bill Christian, Cr Christine Caughey, Cr Graeme Mulholland, Cr Faye Storer, Cr Leila Boyle and Cr Neil Abel, subject to availability, be appointed to hear submissions to Plan Change 142 – Panmure Growth Area Structure Plan and local view protection.

    20.2. APPOINTMENT OF COMMISSIONER/S FOR A BYLAW AND POLICY AMENDMENT

    K Bell,
    Manager Isthmus & Islands

    1 June 2005

    Requesting commissioner/s be appointed to hear verbal submissions and consider written submissions to Council's proposed amendments to Council's policy on dogs and the dog control bylaw.

    [ATTACHMENT 20.2]

    Pages 198-199

    20.3. ISTHMUS DISTRICT PLAN: PLAN MODIFICATIONS 123 AND 123A.

    PLAN CHANGE 123 "MT EDEN CENTRE PLAN" AND VARIATION 123A

    S Parsons
    Senior Planner

    5 July 2005

    Requesting hearings commissioners be appointed to the hearing for the Isthmus District Plan: Plan modifications 123 and 123A (Plan Change 123 "Mt Eden Centre Plan" and Variation 123A).

    [ATTACHMENT 20.3]

    Pages 200-201

    20.4. ISTHMUS DISTRICT PLAN: PLAN MODIFICATIONS 132 AND 132A

    PLAN CHANGE 132 "CHARACTER OVERLAY" AND VARIATION 132A

    S Parsons
    Senior Planner

    5 July 2005

    Requesting that commissioners be appointed to the hearing of submissions for Isthmus District Plan: Plan modifications 132 and 132A (Plan Change 132 "Character Overlay" and Variation 132A).

    [ATTACHMENT 20.4]

    Pages 202-203

    20.5. HAURAKI GULF DISTRICT PLAN: PLAN MODIFICATION 23A

    VARIATION TO PLAN MODIFICATION 23 "SUBDIVISION"

    S Parsons
    Senior Planner

    5 July 2005

    Requesting the appointment of commissioners to the hearing for Hauraki Gulf District Plan: Plan Modification 23A (Variation to Plan modification 23 "Subdivision").

    [ATTACHMENT 20.5]

    Pages 204-205

    20.6. ISTHMUS DISTRICT PLAN: PLAN CHANGE 156

    REZONING OF LAND

    K Elliff
    Senior Planner

    1 July 2005

    Requesting the appointment of commissioners to the hearing for Isthmus District Plan: Plan change 156 (Rezoning of land).

    [ATTACHMENT 20.6]

    Pages 206-207

    20.7. PROPOSED PLAN CHANGE 145 AND VARIATION 145A TO THE ISTHMUS DISTRICT PLAN: ST HELIERS CENTRE PLAN

    M Hewitt
    Senior Planner Isthmus & Islands

    11 July 2005

    Requesting the appointment of commissioners to the hearing for proposed plan change 145 and variation 145A to the Isthmus District Plan: St Heliers Centre Plan.

    [ATTACHMENT 20.7]

    Pages 208

  21. Top EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Kevin Quensell
    Hearings Services Manager

    15 Jul 2005

    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    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 are as follows:

    Item No.

    General subject of each matter to be considered

    Reason for passing this resolution in relation to each matter

    Ground(s) under section 48(1) for the passing of this resolution

    C1.

    Proposed Plan Change 183 – Inclusion Of Additional Buildings For Scheduling In The Auckland City District Plan (Isthmus Section).

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C2

    Proposed Plan Change 5 To The Operative Auckland City District Plan (Central Area Section 2004) – Character Building Demolition Controls

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    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 are as follows:

    Item No. Reason to withhold information under section 7
    C1. To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. [Section 7(2)(b)(ii)]
    C2. To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. [Section 7(2)(b)(ii)]