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Planning and Regulatory Committee

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MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE HELD ON THURSDAY, 21 JULY 2005 AT 9:30 AM

PRESENT:	Councillors:	Glenda	Fryer	[Chair]
		Neil	Abel
		Doug	Armstrong, QSO
		Dr. Cathy	Casey
		Christine	Caughey	Arrived 9.50am part item 7
		Bill	Christian, JP	Departed 12.24pm part item C2
		Graeme	Mulholland, JP
		Noelene	Raffills	Departed 12.20pm part item C2
		Faye	Storer	Departed 12.22pm part item C2
ALSO PRESENT:	Deputy Mayor, Dr. Bruce Hucker, QSO			Arrived 9.50am part item 7 Out 11.00am part item 10 - Returned 11.20am part item 10
ABSENT:	Councillor	Toni	Millar

________________________

1. APOLOGIES

   That the apology from Councillor Toni Millar be received.

   CARRIED

2. CONFIRMATION OF MINUTES

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

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   There were no requests to speak in public forum.

   That item 6 'Reports Requested/Pending', item 7 'Reaching for a Better Standard: the Move Towards 2nd Generation Plans' and item 16 'Resource Consent Applications for Sensitive Sites Within the Ward' be taken at this point.

   CARRIED

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

   That the report by the Group Manager, Auckland City Environments dated 5 July 2005 'Auckland City Environments quarterly operational report April to June 2005' be received.

   CARRIED

6. REPORTS REQUESTED/PENDING

   That the Reports Requested/Pending information provided by Hearings Services Manager dated 12 July 2005 be received.

   CARRIED

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

   That the information supplied by Board Member Christopher Dempsey 'Reaching for a better standard: the move towards 2nd generation plans' be referred to the Group Manager City Planning for consideration and reporting back to the committee.

   CARRIED

8. BYLAW REVIEW PROGRAMME

   1. That the Group Manager City Planning continue to progress the following bylaw reviews in the 2005-2006 year :
      • 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 ARC 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.
   2. B. That the Group Manager City Planning to commence the following bylaw reviews in the 2005-2006 year as staff resources become available :
      • Part 1 bylaw admin and Part 2, amusement gallery (in tandem),
      • Part 27, signs and Part 27B billboards (in tandem),
      • Part 20, public places.
   3. That the Hearing Services Manager advise Community Boards of the bylaw reviews for 2005-2006 year.
   4. That the Manager: Isthmus & Islands Resource Management report on the bylaw review programme as part of to the City Planning quarterly report to the Planning and Regulatory committee
   5. That the bylaws proposed to be reviewed in 2006-2007 are identified in a report to the Planning & Regulatory committee in May 2006 for confirmation.

   CARRIED

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

   1. That the request for a private plan change by the Auckland Trotting Club (inc) be accepted in principle and the Chairman, Planning & Regulatory committee 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 relating to the private plan change by the Auckland Trotting Club (inc), the Chairman Planning & Regulatory committee 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.

   CARRIED

10. NOISE CONTROL SERVICE AND KPI'S

    1. That the Environmental Health Specialist – Noise be thanked for her presentation, and that the report 'Noise control service and KPI's' dated 27 June 2005 be received.
    2. That the Planning & Regulatory committee requests that applicants for proposed developments be advised by Council that they should inform neighbours of the start and finish time anticipated for works and what can be expected in terms of noise.

    CARRIED

11. DOG APPEAL HEARINGS

    That Councillors' Glenda Fryer, Neil Abel, Cathy Casey, Bill Christian, Faye Storer and Toni Millar (subject to availability) consider objections to the classifications :

    • dogs as 'dangerous' or 'menacing'
    • dog owners as 'probationary' or 'disqualified'.

    CARRIED

12. SIGNS AND BILLBOARDS ENFORCEMENT

    1. That the Group Manager Auckland City Environments regularly update the Planning and Regulatory committee on actions and progress towards the removal of illegal signs and billboards.
    2. That the Group Manager Auckland City Environments be asked to focus on enforcement of signs and billboards in Queen Street (Mayoral Drive to Customs Street) and Dominion Road as 'phase 1', and once these areas are completed roll out to areas which have centre plans or character overlays.
    3. That the Planning & Regulatory committee requests officers to undertake an education process via the City Scene and other relevant media avenues, and including discussion with business owners, regarding what constitutes a legal sign.

    CARRIED

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

    That the Planning and Regulatory committee resolves:

    • that in accordance with Section 184A(2) of the RMA, Council has made and is continuing to make substantial progress or effort towards giving effect to the designation for the Oneroa Proposed Southern service lane (Inner Islands Schedule Ref. P); and
    • that the lapse period for the designation is fixed at twelve years from the expiry date of the current designation; and
    • that the Manager of Isthmus and Islands issue an information note to the Auckland City Operative District Plan (HGI Section) to amend the District Plan by extending the period.

    CARRIED

14. CENTRAL AREA WEST BUS PRIORITIES, BYLAW ALTERATION

    1. That the Planning and Regulatory committee recommends to the Council that section 25.5.5 of the Consolidated Bylaw be altered by resolution to alter the following clauses to read:
       30. 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 the Planning and Regulatory committee recommends to the Council that section 25.5.8 of the Consolidated Bylaw be altered by resolution to include the following clause:
       15. Proceed straight ahead across Fanshawe Street from the northbound left turn only lane of Albert Street at all times.

    CARRIED

15. CENTRAL AREA WEST BUS PRIORITIES

    That the recommendations from the Transport & Urban Linkages committee meeting held 8 July 2005 regarding the Central Area West Bus Priorities be received.

    CARRIED

16. RESOURCE CONSENT APPLICATIONS FOR SENSITIVE SITES WITHIN THE WARD

    That the recommendations from the Eden/Albert Community Board meeting dated 25 May 2005 regarding resource consent applications for sensitive sites within the ward be forwarded to the Group Manager City Planning and Group Manager Auckland City Environments.

    CARRIED

17. AUCKLAND ART GALLERY DEVELOPMENT AND ALBERT PARK

    That the committee notes the resolution of the Arts Culture & Recreation committee that the commissioners appointed to hear any objections to the designation and land use consents for the Auckland Art Gallery development and Albert park are also be appointed to hear, at the same time if appropriate, any objections to the Reserves Act change of classification proposal.

    CARRIED

18. PLAN CHANGE 71 – MIXED USE ZONE

    1. That the Planning & Regulatory committee recommends Council approve Plan Change 71 (Mixed use zone) as amended by the Environment Court consent orders and it be incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Planning & Regulatory committee recommends to Council 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.

    CARRIED

19. PLAN CHANGE 97 – TAMAKI CAMPUS

    1. That the Planning & Regulatory committee recommends to Council 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 Planning & Regulatory committee recommends to Council that the Manager: Isthmus and Islands Resource Management be authorised to publicly notify the date on which plan change 97 will become operative.

    CARRIED

20. APPOINTMENT OF COMMISSIONERS

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

    That Councillors Fryer (Chairman), Cr Christian, Cr Caughey, Cr Mulholland, Cr Storer, Cr Boyle and Cr Abel, subject to availability, be appointed to hear submissions to Plan Change 142 – Panmure Growth Area Structure Plan and local view protection.

    CARRIED

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

    That Hearings Commissioners Cr Storer (Chair), Cr Fryer, Cr Christian and Cr Boyle be appointed, subject to availability (with a minimum of three commissioners), to the hearing of submissions for Council's proposed amendments to policy on dogs and the dog control bylaw.

    CARRIED

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

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

    That Hearings Commissioners Cr Fryer (Chairman), Cr Caughey, Cr Storer and Community Board Member L Rea be appointed subject to availability, with alternates Cr Abel, Cr Mulholland and Cr Christian (minimum of three commissioners sitting on the hearings panel), to the hearing for Isthmus District Plan: Plan modification 123 and 123A (Plan Change 123 "Mt Eden Centre Plan" and Variation 123A).

    CARRIED

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

    PLAN CHANGE 132 "CHARACTER OVERLAY" AND VARIATION 132A

    That Hearings Commissioners Cr Fryer (Chairman), Cr Caughey, Cr Storer, Cr Sefuiva and Community Board Member C Dempsey be appointed subject to availability, with alternates Cr Boyle and Cr Christian (minimum of four commissioners sitting on the hearings panel), to the hearing for Isthmus District Plan: Plan modifications 132 and 132A (Plan Change 132 "Character Overlay" and Variation 132A).

    CARRIED

    20.5. HAURAKI GULF DISTRICT PLAN: PLAN MODIFICATION 23A

    VARIATION TO PLAN MODIFICATION 23 "SUBDIVISION"

    That Hearings Commissioners Cr Storer (Chairman), Cr Mulholland, Cr Caughey and Cr Abel be appointed, subject to availability with alternate Cr Christian (minimum of three commissioners sitting on the hearings panel), to the hearing for Hauraki Gulf District Plan: Plan Modification 23A (Variation to Plan modification 23 "Subdivision").

    CARRIED

    20.6. ISTHMUS DISTRICT PLAN: PLAN CHANGE 156

    REZONING OF LAND (MOUNTAIN ROAD, GREENLANE ROAD, BASSET ROAD, AND CAPTAIN SPRINGS ROAD)

    That Hearings Commissioners Cr Caughey (Chairman), Cr Boyle, Cr Christian, and Community Board Member K Carter be appointed subject to availability, with Cr Mulholland as alternate (minimum of three commissioners sitting on the hearings panel), to the hearing for Isthmus District Plan: Plan Change 156 Rezoning of Land.

    CARRIED

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

    That Hearings Commissioners Cr Caughey (Chairman), Cr Casey, Cr Storer, Cr Fryer and Cr Raffills be appointed subject to availability, with alternates Cr Mulholland and Cr Christian (minimum of three commissioners sitting on the hearings panel), to the hearing for plan Change 145 and variation 145A to the Isthmus District Plan: St Heliers Centre Plan.

    CARRIED

21. 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.	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)]

    CARRIED

    There being no further business the Chairman declared the meeting closed at 12.30pm.