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MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE HELD ON THURSDAY, 8 DECEMBER 2005 AT 9.30 AM

PRESENT: Councillors: Glenda Fryer [Chair]
Neil Abel
Doug Armstrong, QSO [From 9.36am Item 6]
Dr Cathy Casey [Until 10.40am Item 10]
Christine Caughey [From 10.10am item 9]
Bill Christian, JP
Toni Millar, JP
Graeme Mulholland, JP [From 11.05am Item C1]
Noelene Raffills
Penny Sefuiva [from 9.41am Item 6]
Faye Storer [Until 9.42am Item 6] From 9.55am Item 8]
  1. Top APOLOGIES

    That the apologies from Cr Mulholland and Cr Caughey for lateness be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning and Regulatory Committee meeting held on Thursday, 23 November 2005 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    In order to meet the timeframes for the legal process of a temporary liquor ban, this matter will need to be dealt with as an extraordinary item at this meeting because it is the last time the committee meets before the liquor ban period.

    3.1  TEMPORARY LIQUOR BANS – WAIHEKE ISLAND 2005/06

    1. That a temporary liquor ban be put in place daily from 2100 hours to 0600 hours, between 23 December 2005 and 2 January 2006 inclusive for the following areas on Waiheke Island;
      1. for the entire length of the following beaches, including foreshore and reserve area of:
        • Onetangi Beach;
        • Palm Beach;
        • Oneroa Beach;
        • Little Oneroa Beach;
        • Blackpool Beach;
        • Surfdale Beach;
        • Mary Wilson Reserve;
        • Omiha Beach;
        • Rocky Bay Beach;
        • Sandy Bay Beach;
        • Shelly Beach;
      2.  the following streets in Onetangi;
        • the Strand between First Avenue and Fourth Avenue;
        • third Avenue from the junction of Waiheke Road to The Strand;
        • Fourth Avenue from the junction of Waiheke and Onetangi Roads to The Strand;
      3. in addition;
        • Oceanview Road from the wharf at Matiatia to the junction with Puriri Road including the Beach access ways from Oceanview Road to Beach Parade in Oneroa.
    2. That all liquor ban reports for October-January 2006/07 be provided to the committee by August 2006 for consideration.

    CARRIED

  4. Top PUBLIC FORUM

    4.1  UNLAWFUL REMOVAL OF POHUTUKAWA TREE

    That the apology of Mr G B Shaw for the unlawful removal of a Pohutukawa tree at 21 Mt Smart Road be noted.

    CARRIED

  5. Top REPORTS REQUESTED/PENDING

    That the reports requested/pending information from the Hearings Services Manager for the month of December 2005 be received.

    CARRIED

  6. Top CENTRAL AREA – MINIMUM RESIDENTIAL APARTMENT STANDARDS

    1. That the report entitled "Minimum Standards for Residential Apartments in Central Auckland" by Clinton Bird, dated November 2005 provide the basis for Council officers' further discussions on the subject with the Department of Building and Housing and an Auckland Regional Council inter-council working group.
    2. That the report entitled ""Minimum Standards for Residential Apartments in Central Auckland" by Clinton Bird, dated November 2005 and its recommendations be ' and reported to the committee once decisions on submissions to Plan Changes 1 and 2 have been made and the Auckland Regional Council inter-council group process is completed.
    3. That officers consider whether a joint regional approach on apartment standards is appropriate, pending outcomes of the inter-council working group.

    CARRIED

  7. Top ANIMAL CONTROL ENFORCEMENT

    That Clare Connell, Animal Contracts Manager, be thanked for her verbal report on training provided for animal control services staff.

    CARRIED

  8. Top BYLAW AND DISTRICT PLAN COMPLIANCE PROJECTS

    That the committee requests the Works and Services Committee consider  initiating a trial for an holistic rubbish collection system in suburban shopping centres.

    CARRIED

  9. Top DISTRICT PLAN CHANGES FOR AFFORDABLE HOUSING

    1. That the District Plan Changes For Affordable Housing issue be referred to the Urban Strategy and Governance Committee for their consideration and a request that it be a recommendation to the Annual Plan Direction Setting meeting that funding provision be made for the investigation and implementation of a regulatory approach to providing affordable housing in new developments.

      Secretarial Note: That to provide for this approach,  the investigation would need to consider any changes in legislation that may be required and the funding sought is essentially for this investigation.

    2. That previous investigative work on inclusionary zoning be tabled at the Urban Strategy and Governance Committee.

    CARRIED

    A division was called for, voting on which was as follows:

    For the Motion: Against the Motion:
    Cr Neil Abel

    Cr Dr Cathy Casey

    Cr Christine Caughey

    Cr Faye Storer

    Cr Glenda Fryer

    Cr Penny Sefuiva

    Cr Doug Armstrong

    Cr Bill Christian

    Cr Toni Millar

    Cr Noelene Raffills

    Deputy Mayor Dr Bruce Hucker, Cr Graeme Mulholland and His Worship the Mayor were absent.

    The motion was declared CARRIED by 6 votes to 4.

  10. Top ISSUES FOR REVIEW OF SIGNS AND BILLBOARD BYLAWS

    That the committee appoints a working party of Cr Fryer, Cr Storer, Cr Caughey, Cr Mulholland and Cr Sefuiva to work with staff to develop appropriate visual parameters and to assess the need for saving provisions, for the reviews of the Signs and Billboards bylaws.

    CARRIED

    Item 7 was taken at this time.

  11. Top LIQUOR BAN FOR COCA COLA CHRISTMAS IN THE PARK

    1. That a temporary liquor ban be put in place for the 2005 Christmas in the Park event on 10 December 2005 (including the nominated rain date of 11 December 2005) to cover from 1700 hours until 2400 hours.
    2. That all liquor ban reports for October-January 2006/07 be provided to the committee by August 2006 for consideration.

    CARRIED

  12. Top LANDOWNER CONSENT FOR AN AIRSPACE LICENCE OVER ROAD RESERVE: 312-330 BROADWAY, NEWMARKET

    That the Laneowner Consent For An Airspace Licence Over Road Reserve 312-330 Broadway, Newmarket application be  withdrawn from the agenda due to the proposal being redesigned.

    CARRIED

  13. Top PLAN CHANGE 164 – BUSINESS 8 ZONING FOR COCA-COLA AMATIL (NZ) LTD, THE OASIS, MT WELLINGTON

    That the committee recommend to the full council:

    1. That plan change 164 (applying a business 8 zoning and associated concept plan to approximately 8.4ha of land at The Oasis, Mt Wellington, for Coca-Cola Amatil Ltd) 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 164 will become operative.

    CARRIED

  14. Top APPOINTMENT OF COMMISSIONERS

    14.1. PLAN MODIFICATION 10, ALEXANDRA PARK

    That Independent Commissioner G Hill (Chairman), Cr Caughey, Cr Fryer, Board Member K Carter, (and alternates Cr Mulholland and Cr Storer) be appointed to hear submissions and make a recommendation to Council on Plan Modification 10, relating to Alexandra Park which seeks to introduce a new concept plan (E09-55) and business 8 zoning to a 2.36 ha portion of the site currently used for carparking fronting Green Lane West.

    CARRIED

    14.2. PLAN CHANGE 183

    That Cr Caughey (Chairman), Cr Storer, Cr Mulholland and Board Member K Carter (and alternate Independent Commissioner R Wright) be appointed to hear submissions and make a recommendation to Council on Plan Change 183 which amends the Auckland District Plan: Isthmus Section to include four buildings as scheduled heritage items in the Plan being 2-8 Osborne Street, Newmarket (Kents Bakery), 481-487 Khyber Pass Road, Newmarket (Kents Building), 586-592 Remuera Rd, Remuera (McLaren Service Station) and 2 Stanley Street, Parnell (Swan Hotel).

    CARRIED

    14.3. PLAN CHANGE 184

    That Cr Caughey (Chairman), Cr Fryer, Cr Mulholland, (and alternates Independent Commissioner R Wright and Board Member L Rea) be appointed to hear submissions and make a recommendation to council on Plan Change 184 which amends the Auckland District Plan: Isthmus Section to include one building as a scheduled heritage item in the Plan. The proposed plan change is for scheduling the building at 42 St Stephens Avenue, "Paykel House".

    CARRIED

  15. Top COMMUNITY TREE CARE COURSE

    That Councillors and Community Board tree representatives who have not attended the Community Tree Care Course be given the opportunity to attend the course in 2006.

    CARRIED

  16. Top 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. Auckland City District Plan: Isthmus Section – Plan Modification 90A – Network Utilities. Good Reason to withhold exists under section 7 Section 48(1)(a)
    C2. Animal Shelter Report 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. To enable the Council to carry out, without prejudice or disadvantage, commercial activities. [Section 7(2)(h)]

    CARRIED

    Item 3.1 was taken at this time.

    There being no further business the Chairman declared the meeting closed at 11.45am.