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MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE HELD ON THURSDAY, 9 FEBRUARY 2006 AT 9.35 am

PRESENT: Councillors: Glenda Fryer [Chair]
Neil Abel [from 9.56am Item 6]
Doug Armstrong, QSO [from 9.46am Item 6]
Christine Caughey [from 9.41am Item 4]
Bill Christian, JP
Toni Millar, JP [from 9.46am Item 5]
Graeme Mulholland, JP
Noelene Raffills [from 9.48am Item 5]
Penny Sefuiva
Faye Storer
  1. Top APOLOGIES

    That the apology from Cr Casey for non attendance be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

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

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    There was no extraordinary business.

  4. Top PUBLIC FORUM

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

    That Howard Trautvetter, on behalf of Balmon Nuffield Ltd, be thanked for his presentation relating to Item 7: Landowner's Consent for an Airspace Licence over Road Reserve: 334-336 Broadway, Newmarket.

    CARRIED

    [ATTACHMENT 4.1]

    Item 7 was taken at this time.

    CARRIED

  5. Top REPORTS REQUESTED/PENDING

    1. That the Reports Requested/Pending for the month of February 2006 from the Hearings Services Manager be received.
    2. That the report from the Property Group regarding Ground Anchors, previously before the committee in March 2005, be added to Reports Pending/Requested.

    CARRIED

  6. Top AUCKLAND CITY ENVIRONMENTS QUARTERLY REPORT

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

    CARRIED

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

    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 clarify the definition of public benefit within the context of the policy, including an assessment of urban design effects which will also incorporate any energy efficiency measures under green building principles, and any precedent which may be created by the granting of the licence.
    4. That the granting of the airspace licence be delegated to a sub committee comprised of Cr Fryer (Chairman), Cr Caughey, Cr Storer and Cr Mulholland.

    CARRIED

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

    That the report 'Parking in 'Ponsonby' by G Easte, Western Bays Community Board Chairman, dated 13 January 2006 be received.

    CARRIED

  9. Top EARTHQUAKE PRONE, DANGEROUS AND INSANITARY BUILDINGS DRAFT POLICY

    1. That the committee agrees that council undertakes immediate public consultation on the draft Earthquake-prone, dangerous and insanitary buildings policy to meet legislative requirements of the Building Act 2004 to have a policy in place by 31 May 2006.
    2. That the working party (established in 2005 to work with council staff in preparing draft policy that would form the basis of consultation) reviews and accepts the redrafted policy (following consultation) and that this redrafted policy is then forwarded to council for adoption.

    CARRIED

    Secretarial Note:The meeting was adjourned at 10.39 am and reconvened at 10.46am.

  10. Top PROPOSED PRIVATE PLAN CHANGE 186 – GREENLANE HOSPITAL

    Matters Relating to the Private Plan Change Request

    1. That the Auckland District Health Board 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.

    Other Matters

    That the Chairperson be authorised to contact the Auckland District Health Board Chair, the Minister of Education and the Minister of Crown Lands on the need to investigate the potential of the Greenlane hospital sites for future educational needs.

    CARRIED

  11. Top PLAN CHANGE 156 – ZONING OF LAND

    That the committee recommend to the full council:

    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.

    That the Manager: Isthmus and Islands Resource Management be authorised to publicly notify the date on which plan change 156 will become operative.

    CARRIED

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

    That the committee recommend to the full council:

    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 notify the date on which Plan Change 103 will become operative.

    CARRIED

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

    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 District 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.

    CARRIED

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

    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.

    CARRIED

  15. Top LIQUOR BAN FOR SKY CITY STARLIGHT SYMPHONY

    1. 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.
    2. That officers report to the committee on all temporary liquor ban applications that are required for 2006 or 2007 no later than August 2006.
    3. That officers report back on the legal basis by which the committee could delegate approval for temporary liquor bans to either the Chairman, a sub group of the committee or appropriate officers.

    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. 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)]

    CARRIED

    There being no further business the Chairman declared the meeting closed at 11.30 am.

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