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Planning and Regulatory Committee

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AGENDA ATTACHMENTS

I hereby give notice that a meeting of the

PLANNING AND REGULATORY COMMITTEE

will be held as follows:

DATE:	Thursday, 9 February 2006
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, JP
Cr	Graeme	Mulholland, JP
Cr	Noelene	Raffills
Cr	Penny	Sefuiva
Cr	Faye	Storer

Ex Officio:

His Worship the Mayor, Dick Hubbard, ONZM

Deputy Mayor, Dr Bruce Hucker, QSO

1. APOLOGIES

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

2. CONFIRMATION OF MINUTES

   The minutes of the Planning and Regulatory Committee meeting held on Thursday, 8 December 2005 to be confirmed as a true and correct record.

3. 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. 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 the agenda no requests to speak had been received.

5. REPORTS REQUESTED/PENDING

   K Quensell
   Hearings Services Manager	1 February 2006

   Attaching the Reports Requested/Pending for the month of February 2006 from the Hearings Services Manager.

   Recommending that the report be received.

   [ATTACHMENT 5]

   Pages 1-2

6. AUCKLAND CITY ENVIRONMENTS QUARTERLY REPORT

   J Oxley
   Group Manager, Auckland City Environments	24 January 2006

   Attaching a report updating the committee on the group's performance and key activities over the period October – December 2005 for its main operations, being resource and building consent processing, property information and advice, inspections, licensing, monitoring and enforcement.

   Recommending that the report of the Group Manager, Auckland City Environments, dated 23 January 2006 be received.

   [ATTACHMENT 6]

   Pages 3-9

7. LANDOWNER'S CONSENT FOR AN AIRSPACE LICENCE OVER ROAD RESERVE: 334-336 BROADWAY, NEWMARKET

   H Cara
   Leasing Manager	26 January 2006

   Attaching a report regarding consent sought by landowner Balmon Nuffield Limited, to construct extended eaves out over the public footpath to improve the design of their building being constructed at the corner of Nuffield Lane, Broadway and Balm Streets, Newmarket.

   Recommending:

   1. That the committee considers the application to provide Balmon Nuffield Limited, the registered leasehold owner of the land at 334 -336 Broadway, Newmarket, with landowner's consent for the construction of 'flying eaves' over the council owned footpath.
   2. That the committee notes that the practice for implementing Council's policy with regard to the leasing of airspace dated 13 September 2001 does not permit the use of public airspace unless a public benefit is clearly established.
   3. That the committee first clarify the definition of public benefit within the context of the policy before approving the application. The granting of the airspace licence would then be subject to the Property Group Manager, under delegation, approving the terms and conditions of the airspace licence including the financial consideration to be paid by the applicant.

   [ATTACHMENT 7]

   Pages 11-19

8. PARKING IN PONSONBY REPORT: THE ENVIRONMENTAL EFFECTS OF PARKING DISPENSATIONS

   A Gysberts
   Principal Planner	13 January 2005

   At its 23 November 2005 meeting, the Planning and Regulatory Committee resolved as follows:

   "That officers report to the February 2006 committee meeting on the issues raised in the report 'Parking in Ponsonby' by G Easte, Western Bays Community Board Chairman'.

   The report updating the committee on progress undertaken in actioning the resolution is attached.

   Recommending that the report 'Parking in 'Ponsonby' by G Easte, Western Bays Community Board Chairman be received.

   [ATTACHMENT 8]

   Pages 21-23

9. EARTHQUAKE PRONE, DANGEROUS AND INSANITARY BUILDINGS DRAFT POLICY

   B de Leur
   Principal Building Officer	17 January 2006

   Attaching a report regarding the requirement for council to have adopted an Earthquake-prone, dangerous and Insanitary buildings policy by 31 May 2006.

   Recommending:

   1. That Plan Change 103 (building in relation to boundary control) 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 the date on which Plan Change 164 will be

   [ATTACHMENT 9]

   Pages 25-39

10. PROPOSED PRIVATE PLAN CHANGE 186 – GREENLANE HOSPITAL

    A Leijnen
    Consultant Planner	18 January 2006

    Attaching a report regarding the request by the Auckland District Health Board (ADHB) for a private plan change pertaining to part of the Greenlane Hopsital.

    Recommending:

    1. That the ADHB be advised that the Council has accepted the request for a change to the District Plan and will notify the request as a private plan change.
    2. That the Manager: Isthmus and Islands Resource Management be authorised to commence the necessary statutory procedures for the public notification of the plan change with a submission period of 20 working days.

    [ATTACHMENT 10]

    Pages 41-50

11. PLAN CHANGE 156 – ZONING OF LAND

    K Ellilff
    Senior Planner	10 January 2006

    Attaching a report regarding Plan Change 56 which rezones two privately owned sites at 2/68 Greenlane Road, Greenlane and 44 Mountain Road, Epsom that have been incorrectly zoned open space, to residential. The period for lodging appeals to the council's decision on the plan change has passed and no appeals have been lodged. The committee is therefore requested to recommend to full council that Plan Change 156 to the Isthmus Plan be approved and made operative.

    Recommending:

    That the committee recommend to the full council:

    1. That plan change 156 which rezones 134 Bassett Road from Residential 6A to Open Space 2; 2/68 Greenlane Road from Open Space 5 to Residential 6A; 44 Mountain Road from open Space 2 to Residential 2A and 69 Captain Springs Road from Business 6 to Open Space 4, 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 156 will become operative.

    [ATTACHMENT 11]

    Pages 51-56

12. PLAN CHANGE 103 – BUILDING IN RELATION TO BOUNDARY CONTROL

    K Dorofaeff
    Senior Planner	18 January 2006

    Attaching a report regarding appeals lodged to one aspect of proposed Plan Change 103, which amends the building in relation to boundary control contained in the Isthmus District Plan.

    Recommending:

    1. That Plan Change 103 (building in relation to boundary control) 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 the date on which Plan Change 164 will become operative.

    [ATTACHMENT 12]

    Pages 57-64

13. NOTICE OF REQUIREMENT (136) – PANMURE PARK AND RIDE FACILITY – 528-536 ELLERSLIE PANMURE HIGHWAY AND 107 MOUNTAIN ROAD, PANMURE.

    P Rawson
    Senior Planner	23 January 2006

    Attaching a report regarding the appeal to the Environment Court by Mobil Oil (NZ) Ltd to the council's decision to Plan Change 136 – notice of requirement – Panmure Park and Ride and bus interchange facility.

    Recommending:

    That the committee recommend to the full council:

    1. That Plan Change 136 – notice of requirement – Panmure park and ride and bus interchange facility – 528-536 Ellerslie Panmure Highway and 107 Mountain Road, Panmure be incorporated into the Auckland City Distruct Plan: Isthmus Section 1999 as a designation, as it is now effective.
    2. That the Manager: Isthmus and Islands Resource Management be authorised to publicly notify the date on which Plan Change 136 became effective.

    [ATTACHMENT 13]

    Pages 65-75

14. HAURAKI GULF ISLANDS SECTION – PLAN CHANGE 23 – REQUEST TO MAKE OPERATIVE

    S Parsons
    Senior Planner	18 January 2006

    Attaching a report requesting the committee to recommend to the full council that Plan Change 23 to the Hauraki Gulf Islands plan be approved and made operative.

    Recommending:

    1. That the committee recommend to the council that Plan Change 23 be incorporated into the Auckland City District Plan (Hauraki Gulf Islands section).
    2. That the Manager: Isthmus and Islands Resource Management be authorised to publicly notify the date on which Plan Change 23 will become operative.

    [ATTACHMENT 14]

    Pages 77-111

15. LIQUOR BAN FOR SKY CITY STARLIGHT SYMPHONY

    C Miller
    Team Leader Liquor Licensing	5 December 2005

    Attaching a report requesting a liquor ban for the Sky City Starlight Symphony on 25 February 2006

    Recommending that a temporary liquor ban application be put in place for the Sky City Starlight Symphony on 25 February 2006 (including the nominated rain date of 26 February) to cover from 1600 hours to 2400 hours.

    [ATTACHMENT 15]

    Pages 113-114

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

    Kevin Quensell
    Hearings Services Manager	01 Feb 2006
    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 192 – Residential 3 zone provisions	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)]