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1. APOLOGIES

   That the apologies of Councillors Armstrong, Caughey, Millar, Raffills and Storer for lateness be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning and Regulatory Committee meeting held on Thursday, 10 February 2005 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   4.1. STREET TRADING ACTIVITIES IN AUCKLAND CITY

   That Harmeet Sehgal be thanked for his presentation with regard to street trading in Auckland City, and his presentation to the committee be dealt with as a submission to the development of the Street Trading policy which IS to be reported to the Planning and Regulatory Committee in April 2005.

   CARRIED

   [ATTACHMENT 4.1]

   4.2. NEWMARKET CROSS STREET BANNER TRIAL

   That Peter Corner of the Newmarket Business Association be thanked for his presentation on issues relating to the Newmarket Cross Street Banner trial.

   CARRIED

   4.3. DOG BYLAW

   That Dean Joseph be thanked for his presentation on issues relating to the dog control bylaw.

   CARRIED

   4.4 WESTERN SPRINGS SPEEDWAY

   That Elizabeth Radford be thanked for her presentation on the Western Springs Speedway.

   CARRIED

   [ATTACHMENT 4.4]

   Items 17, 12 and 11 were taken at this point

5. REPORTS REQUESTED/PENDING

   That the Reports Requested / Pending from the Hearings Services Manager dated 28 February 2005 be received.

   CARRIED

6. SUMMARY OF THE ISSUES RAISED IN THE WRITTEN SUBMISSIONS TO THE DRAFT ALCOHOL STRATEGY

   That the Planning and Regulatory committee request officers to investigate adequate sound proofing controls on apartments in areas where neighbouring licensed premises and/or other forms of night time entertainment exist and report to the committee.

   CARRIED

7. REZONING LAND TO OPEN SPACE

   1. That the committee authorises the Group Manager City Planning to initiate the zone changes as set out in the following table:

      Land Current Zoning Proposed Zoning

      Eastern Bays Ward

      Lot 2 DP 205773 Residential 2b Open Space 2

      Lot 3 DP 205773 Residential 2a Open Space 2

   2. That the Ministry for the Environment, Auckland Regional Council, Department of Conservation and Tangata Whenua be consulted on the rezoning prior to notification.

   CARRIED

8. PROPOSED PLAN MODIFICATION 138 – UPLIFTING THE ZONING FROM LAND DECLARED ROAD

   1. That the Committee confirms the uplifting of the zoning from areas of land which have been declared road and vested in the council, as contained in Appendix 1 (list of the areas of land) and Appendix 2 (proposed plan modification) of the report of the Planner: Isthmus and Islands Resource Management dated 7 February 2005.
   2. That the Manager, Isthmus & Islands Resource Management be authorised to update the Isthmus District Plan in accordance with proposed plan modification 138 as contained in the report of the Planner: Isthmus and Islands Resource Management dated 7 February 2005, without further formality.

   CARRIED

9. BYLAW REVIEW PROGRAMME

   1. That the following four high priority bylaw reviews commenced in the 2004-2005 year continue as staff resources are available:

      part 25 Traffic – review of parking infringement processes, speed limits and bus lanes have a high priority

      part 19 Orakei Basin where there is ongoing jurisdiction problems for the Council due to an Auckland Regional Council bylaw

      part 22 Refuse, where the issue of illegal dumping of rubbish in Council roads and parks costs the Council $1.25 million per annum

      part 1 – Bylaw Administration where issues linked to definitions and changes in enforcement powers need to be addressed.

   2. That the report of the Manager: Isthmus & Islands Resource Management dated 17 February 2005 on the Bylaw Review Programe be sent to Community Boards for feedback on the implications for their wards, and the prioritisation they would set.
   3. That the Manager: Isthmus & Islands Resource Management report regularly to the Planning & Regulatory Committee on the bylaw review programme.

   CARRIED

10. KARANGAHAPE ROAD BUS LANE BYLAW ALTERATION

    That it be a recommendation to Council

    That section 25.5.5(u) of the Consolidated Bylaw be altered by resolution of council to read:

    (u) The traffic lane on the northern side of Karangahape Road: commencing at a point 5 metres east of the eastern kern alignment of Day Street and terminating at a point 60 metres west of the western kerb alignment of Pitt Street.

    The restriction on the use of this traffic lane on the northern side of Karangahape Road shall only apply between 7.00 am and 9.00 am on weekdays other than public holidays.

    CARRIED

11. COMMERCIAL BANNERS IN NEWMARKET AND OTHER MAINSTREET CENTRES

    1. That the use of commercial banners continue in Newmarket on the terms of the existing trial (as contained in item 3.1.3 of the report of the Senior Planner City Planning dated 23 February 2005) until the Urban Design Strategy is completed and implemented.
    2. That the use of commercial banners in Newmarket be reviewed by Community Planning and the Economic Development Group (Mainstreets) in March 2007 and reported to the Environment, Heritage and Urban Form Committee for their feedback, and the Planning and Regulatory Committee for their decision.
    3. That the present requirements for the use of community cross street banners, as outlined in section 3.1.2 of the report of the Senior Planner City Planning dated 23 February 2005 be endorsed as Council’s operational practice.
    4. That the Planning and Regulatory committee requests a report on the Network Visuals contract with council that deals with Mainstreet issues articulated during the 2004 Annual Plan hearings.

    CARRIED

12. NOTICE OF MOTION: DISTRICT PLAN CHANGE FOR SPEEDWAY AT WESTERN SPRINGS

    That the District Plan Change for Speedway at Western Springs be discussed by the Planning and Regulatory committee when the High Court releases its judgement on the matter.

    CARRIED

13. PENALTIES ON STREET TREE VANDALISM AND ILLEGAL REMOVAL

    That the Group Manager: Auckland City Environments report to the Community Boards on the available means of enforcing protection of street trees without the need for a plan change.

    CARRIED

14. SANDWICH BOARDS ON PONSONBY ROAD

    That the Group Manager: Auckland City Environments be requested to investigate the removal of sandwich boards along the length of Ponsonby Road and Jervois Road, and report to the committee on the enforcement of the removal of sandwich boards.

    CARRIED

15. NOTICE OF MOTION – STAFF LEVELS AT AUCKLAND CITY ENVIRONMENTS IN COMPLIANCE AND MONITORING

    That it be a recommendation to Combined Committees that sufficient funds be allocated for consent monitoring and compliance staff levels at Auckland City Environments to be increased by 10 full time equivalents to enable Auckland City to take a more proactive approach to compliance issues in priority areas.

    CARRIED

16. REVIEW OF DOG CONTROL BYLAW AND ACCESS OF DOGS TO TAHUNA TOREA RESERVE

    That Council immediately commence the special consultative process to consider Tahuna Torea as an on-leash dog exercise area.

    CARRIED

    Cr Storer recorded her vote against this motion.

17. NOTICE OF MOTION – CURRENT PROCEDURES FOLLOWED BY OFFICERS IN RELATION TO ANIMAL CONTROL SERVICES

    That the Planning and Regulatory committee receives a briefing on the current procedures followed by Auckland City Environments and Animal Control Services, including:

    warnings for a dog off leash with the owner present infringement notices for a dog off leash with the owner present.

    CARRIED

18. 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 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.	Plan Modification: Proposed Variation 23A To Proposed Plan Change 23 – Subdivision – Auckland City District Plan: (Hauraki Gulf Islands Section)	Good Reason to withhold exists under section 7	Section 48(1)(a)
    C2	Proposed Herne Bay Coastal Compartment Plan	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.	That a right of appeal lies to the Environment Court against the final decision of the Committee	Section 48.2(a)(i)
    C2.	That a right of appeal lies to the Environment Court against the final decision of the Committee	Section 48.2(a)(i)

    CARRIED

    There being no further business the Chairman declared the meeting closed at 3.20 pm.