APOLOGIES
At the close of the
agenda no apologies had been received.
CONFIRMATION OF MINUTES
The minutes of the
Planning and Regulatory Committee meeting held on Thursday, 9 August 2007, to be
confirmed as a true and correct record.
EXTRAORDINARY BUSINESS
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Section 46A(7) of the Local Government Official Information and Meetings
Act 1987 (as amended) states: |
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"An item that is not on the agenda for a meeting may be dealt with at
that meeting if- |
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(a) |
The local authority by resolution so decides; and |
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(b) |
The presiding member explains at the meeting at a time when it is open
to the public,- |
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(i) |
The reason why the item is not on the agenda; and |
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(ii) |
The reason why the discussion of the item cannot be delayed until a
subsequent meeting." |
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Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states: |
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"Where an item is not on the agenda for a meeting,- |
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(a) |
That item may be discussed at that meeting if- |
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(i) |
That item is a minor matter relating to the general business of the
local authority; and |
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(ii) |
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 |
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(b) |
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." |
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.
REPORTS PENDING REQUESTED
|
Denise McKenzie |
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Democracy Advisor |
7 September 2007 |
Attaching the
reports Requested/Pending list as at September 2007 for the Committee's
information.
Recommending that
the report be received.
AUCKLAND DISTRICT LICENSING AGENCY ANNUAL REPORT
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Chris Dee |
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Manager, Environmental Health and Licensing |
13 September 2007 |
Reporting on the Auckland
District Licensing Agency's proceedings and operations during the financial year
2006/2007.
Recommending that the report be
adopted by the committee in its capacity as the Auckland District Licensing
Agency.
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[ATTACHMENT 6] |
Pages 3-12 |
BUILDING AMENDMENT BILL AND BUILDING CODE REVIEW
|
Louise Cosgriff |
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Contractor |
5
September 2007 |
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Bob
de Leur
Principal Building Officer |
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Seeking the
committee's retrospective approval to the submission that was prepared on the
Building Amendment Bill.
Recommending that
the committee approves the submission retrospectively and notes that submissions
on the second stage of the Building Code Review are due on 28 September 2007.
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[ATTACHMENT 7] |
Pages 13-18 |
BUILDING LIABILITY ISSUES
Council's senior
building specialist contractor will provide a verbal report to the committee.
PROGRAMME TO COMPLETE THE BYLAW REVIEW
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David Clelland |
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Manager - Citywide Strategy, City Planning |
30 August 2007 |
Advising that progress is
inadequate in terms of meeting the statutory deadline imposed by the Local
Government Act and proposing a more streamlined approach involving the grouping
[batching and in some cases merging] of bylaws still requiring review.
Recommending that the committee
endorse the proposed approach to the completion of the review of Council bylaws
and note that further information is required to determine whether some of the
existing bylaws need to be reviewed, or can be discontinued and their purpose
better served by other means.
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[ATTACHMENT 9] |
Pages 19-26 |
LANDOWNER CONSENT FOR AIRSPACE LICENCES OVER ROAD AT BRITOMART
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Jesse Colquhoun |
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Development Manager |
5 September 2007 |
Seeking council landowner
consent for four pedestrian airbridges over roads within the Britomart precinct.
Recommending that the committee
provide landowner consent for the three pedestrian airbridges over Galway Street
linking the Westpac Charter House and East buildings, and over Tyler Street
linking the East Building with the proposed five-star hotel to be constructed on
the Seafarers House site. Also recommending that subject to Bluewater obtaining
resource and building consents for the airbridges, council issue an airspace
licence for the air bridges on terms and conditions to be approved under the
appropriate financial delegation.
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[ATTACHMENT 10] |
Pages 27-35 |
PLAN CHANGE 186 - 26-28 CLAUDE ROAD, EPSOM - APPROVAL TO
INCORPORATE INTO THE DISTRICT PLAN (ISTHMUS)
|
Finau Rokocoko |
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Assistant Planner |
28 August 2007 |
Advising that Auckland District
Health Board has now signed a covenant imposed over the title of the site at
26-28 Claude Road, Epsom. Which was offered by the applicant and agreed to by
the council. The signing of this covenant was the last outstanding element to
plan change 186 prior to making it operative.
Recommending that the committee
recommend to council that the plan change be incorporated into the district Plan
and that the manager - inner isthmus be authorised to publicly notify the date
on which the plan change will become operative.
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[ATTACHMENT 11] |
Pages 36- 45 |
APPOINTMENT OF INDEPENDENT HEARING COMMISSIONERS - PRIVATE PLAN
CHANGE 210 - 42 HERD ROAD, HILLSBOROUGH
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Sue Parsons |
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Senior Planner, City Planning |
17 August 2007 |
Advising that this
private plan change seeks to rezone land zoned residential 6a to special purpose
1 [health] and apply a concept plan for future development. The site adjoins
land owned by the council and the Arts, Community and Recreation Policy group
have indicated that they may lodge a submission in opposition to the private
plan change.
Recommending that
independent hearing commissioners be appointed to consider the plan change
request and make a recommendation to council.
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[ATTACHMENT 12] |
Pages 46-47 |
SUBMISSION ON HOUSING AFFORDAB ILITY IN NEW ZEALAND - LOCAL
GOVERNMENT NEW ZEALAND
|
Denise McKenzie |
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Democracy advisor |
7 September 2007 |
Attaching correspondence from
Local Government New Zealand and its submission to the Commerce Select Committee
on Housing Affordability in New Zealand, which was considered by the 1 August
2007 meeting of the Economic Development and Sustainable Business committee.
The committee resolved, inter alia:
- That Local Government New Zealand be requested to include an
appropriate allocation to work on affordable housing issues in its next annual
work plan.
- That Government be asked to introduce legislation to allow councils to
provide for inclusionary zoning, more secure tenure for residential tenants and
better support for the provision of third sector housing.
- That the correspondence and submission from Local Government New
Zealand and resolutions from this Economic Development and Sustainable
Business committee meeting be forwarded to the Community Development and Equity committee
and the Planning and Regulatory committee.
Recommending that the committee
note the information.
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[ATTACHMENT 13] |
Pages 48-61 |
MANAGING SPEED IN RESIDENTIAL STREETS
|
Denise McKenzie |
|
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Democracy advisor |
7 September 2007 |
Attaching a report on the trial project "self explaining for
sustainable communities [SER]" which is designed to make drivers aware that they
are in an area where pedestrians and other users are important which was
considered by the Transport and Urban Linkages committee at its 11 August 2007
meeting. The committee resolved:
- That the committee supports the "Self
explaining roads for sustainable communities" trial that seeks to improve
safety, liveability and amenity of Auckland's streets, and furthers Auckland's
commitment to urban design.
- That the committee endorses the selection
criteria for trial sites with the level of safety being considered within an
area and that streets within the chosen area be relatively similar and
representative of 'typical' streets.
- That officers report back the outcome of the
trial to the Transport and Urban Linkages committee or its equivalent [post
election] for consideration.
- That the report and resolutions be forwarded to
the 28 august 2007 Tamaki community board meeting for their information noting
that a presentation will be given to the Board on the matter.
- That it be a recommendation to the Planning
and Regulatory committee that the street hierarchies and definitions be
reconsidered in the coming District Plan review.
Recommending that the committee consider resolution E.
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[ATTACHMENT 14] |
Pages 62-69 |
RESOURCE CONSENTS IN PUBLIC OPEN SPACE
|
Denise McKenzie |
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Democracy advisor |
7 September 2007 |
At its meeting held
on 1 August 2007, the Arts, Culture and Recreation committee, during
consideration of a report on Council's plan for the future protection,
management and development of parks and green spaces on the isthmus, the
committee resolved, inter alia:
- That the General Manager City Development be
requested to prioritise the review of regulatory and planning processes to
urgently reduce the need for resource consents in public open space in line with
public feedback, and thereby reducing financial costs and delays to quality
improvements of public space.
- That the above resolution be forwarded to the
Planning and Regulatory committee.
Recommending that
the committee consider resolution A above.
FIREWORKS BAN RECOMMENDATION
|
Denise McKenzie |
|
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Democracy advisor |
7 September 2007 |
At its meeting held
on 15 August 2007, the Eastern Bays community board resolved as follows:
- That it be a recommendation to the Arts,
Culture and Recreation committee [note should have been Planning and Regulatory
committee] that a fireworks ban be imposed from 3 November 2007 to 6 November
2007 within the following areas:
- Watene Reserve
- Orakei Domain
- M J Savage Memorial Reserve
- Selwyn Domain [Mission Bay]
- Kohimaramara Beach and foreshore
- Vellenoweth Green, St Heliers Reserve
- St Heliers Bay beach and foreshore
- Ladies Bay beach and reserve
- Achilles Point Reserve and adjacent parking area
- Glover Park
- Madills Farm
- Tahuna Torea Nature Reserve
- That it be recommended to the committee and to
the Ngati Whatua o Orakei Reserves Board that a fireworks ban be imposed from
3-6 November 2007 on the Whenua Rangatira and the Okahu Bay beach and foreshore.
Recommending that
the committee consider the Board's recommendations.
PROPOSED PLAN MODIFICATION 217: WITHDRAWAL OF BUILDING
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Carolyn Hill |
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Specialist Architect Heritage Division |
6 September 2007 |
Advising that since
the notification of proposed plan modification 217, council officers have been
working with Auckland District Health Board representatives in relation to the
hospital's ongoing use and development of the site, existing consents and the
condition and history of Building 5 itself. As a consequence, the heritage
assessment of Building 5 has been comprehensively reviewed by the heritage
division.
Recommending that
the committee direct the withdrawal of this item from proposed Plan Modification
217 and that all submitters be informed that this item has been withdrawn.
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[ATTACHMENT 17] |
Pages 70-79 |
EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT
OFFICIAL INFORMATION AND MEETINGS ACT 1987
|
Denise McKenzie |
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Democracy Advisor |
6 September 2007 |
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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:
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. |
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 |
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C1 |
Balmoral Character Overlay |
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 enable the local authority to carry out,
without prejudice or disadvantage, commercial activities.
In particular, the plan
change contains commercially sensitive information and therefore to
maintain fairness, the information should not be released to all parties
until the plan change is publicly notified. |
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 |
Housing New Zealand's appeal to Plan Change 61 - Glen Innes residential
6a and 8 zoning |
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, In particular, an appeal by Housing New Zealand
Corporation has been lodged with the Environment Court against the
Council's decision on Plan Change 61 to reduce the extent of land to be
rezoned Residential 6a and 8 and 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 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. |
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C3 |
Appeals to Plan Change 163 |
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)(i)
The withholding of the information is necessary to enable the local
authority to carry out, without prejudice or disadvantage, negotiations
[including commercial and industrial negotiations].
In particular, appeals have been lodged with the Environment Court
against the Council's decision on plan change 163 in relation to
Residential 1 and 2 demolition and new building controls, and 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 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. |
