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MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE HELD ON MONDAY, 3 APRIL 2006 AT 9.32 AM

PRESENT:

Councillors:

Glenda

Fryer

[Chair]

 

 

 

Doug

Armstrong, QSO

 

 

 

 

Dr Cathy

Casey

[From 9.59am, part item 4.2]

 

 

 

Bill

Christian, JP

[Until 10.41 part item 6; from 10.44 part item 6

Until 10.47 part item 6; from 10.49 part item 6;

Until 11.44 part item 8; from 11.50 part item 8;

Until 12.46 part item C2]

 

 

 

Toni

Millar, JP

[Until 10.41 part item 6; from 10.48 part item 6]

 

 

 

Noelene

Raffills

[Until 10.45 part item 6; from 10.48 part item 6; Until 11.44 part item 8; until 11.50 part item 8]

 

 

 

Penny

Sefuiva

[From 9.47am, part item 4.2; until 10.41 part item 6; from 10.44 part item 6]

 

 

 

 

 

 

 

ALSO PRESENT:

Deputy Mayor:

Dr Bruce

Hucker

[Until 10.41 par item 6; from 10.44 part item 6; until 11.06 part item 7; from 11.25 following item 13; until 12.25 part item 13]

 

 

 

 

 

  1. Top APOLOGIES

    That apologies from Councillors Abel, Caughey, Mulholland and Storer for non-attendance and Cr Casey for lateness be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning and Regulatory Committee meeting held on Monday, 6 March 2006 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    3.1 BROTHELS AND COMMERCIAL SEX PREMISES BYLAW - DECISION WHETHER TO APPEAL HIGH COURT JUDGEMENT

    That an item regarding an appeal to the High Court decision on the Brothels and Commercial Sex Premises bylaw be considered as extraordinary business at agenda item C2, for the reason that council has twenty working days in which to decide whether to appeal against the decision and that timeframe expires before the May 2006 committee meeting.

    CARRIED

  4. Top PUBLIC FORUM

    4.1. BYLAWS

    This item was deferred until the Committee's May 2006 meeting.

    4.2. MANAGING FREIGHT ON AUCKLAND CITY'S ARTERIAL ROAD NETWORK (TAMAKI DRIVE)

    That Chris Carr and Tony Friedlander, representing the Road Transport Forum, be thanked for their presentation regarding heavy vehicle use along Tamaki Drive.

    CARRIED

    [ATTACHMENT 4.2]

    4.3. HEAVY CONTAINER TRUCK ISSUES
    1. That Terry Haydon, representing the Orakei Residents Group, be thanked for his presentation regarding heavy container truck use into and out of the Auckland ports.
    2. That the matter of heavy container trucks turning into and out of Auckland ports be referred to the Transport and Urban Linkages Committee requesting that before extending the hours of the non-turning restriction, research, including discussion with New Zealand Police, be carried out to clarify the exact magnitude of the problem of heavy vehicles using Orakei, Kepa, Ngapipi and Kohimarama Roads.

    CARRIED

    4.4. CONTAINER TRAFFIC ON ORAKEI ROAD

    This item was withdrawn.

  5. Top REPORTS PENDING/REQUESTED

    That the Reports Pending/Requested list for the month of April 2006 from the Hearings Services Manager be received.

    CARRIED

  6. Top BYLAW REVIEW - PART 22 - WASTE

    1. That the draft Waste Bylaw and its associated Statement of Proposal be approved and it be a recommendation to Council that the Special Consultative Procedure be undertaken for the review of Part 22 - Waste, of the Auckland City Consolidated Bylaw.
    2. That the committee notes that because of the order of committee meetings in April 2006, any resolutions on the draft Waste Bylaw made by the Works and Services Committee will be appended to the report of the Planning and Regulatory Committee and sent directly to Council.
    3. That Councillors Fryer (Chairman), Abel, Armstrong, Boyle and Christian be appointed to hear any submissions on Part 22 - Waste, of the Auckland City Consolidated Bylaw 1998, and make recommendations to the Council.

    CARRIED

  7. Top BYLAW REVIEW - PART 25 - TRAFFIC

    The Eastern Bays community board chairman, Brian Slater addressed the meeting.

    1. That the new draft Traffic Bylaw (that replaces the existing Part 25 - Traffic), amendments to Part 1 - Administration and Part 20 - Public Places of the Consolidated Bylaw and the Statement of Proposal be approved, and it be recommended to Council that the Special Consultative Procedure be commenced to introduce a new traffic bylaw and to make the consequential amendments necessary to Parts 1 and 20 of the Auckland City Consolidated
    2. That the committee notes that because of the order of committee meetings in April 2006, any resolutions on the draft Traffic Bylaw made by the Transport and Urban Linkages Committee will be appended to the Planning and Regulatory Committee's report and sent directly to Council.
    3. That the officers further consider the matter of garaging on-street where no off-street parking is available before the draft bylaw is submitted to the Transport and Urban Linkages Committee.
    4. That Councillors Fryer (Chairman), Millar, Northey, Raffills, Sefuiva and Simpson be appointed to hear any submissions on the new draft Traffic Bylaw (that replaces the existing Part 25 - Traffic), amendments to Part 1 - Administration and Part 20 - Public Places of the Consolidated Bylaw and make recommendations to the Council.
    5. That the draft Traffic bylaw be amended to add the following words at the end of subclause 25.8.2(c). "This subclause shall not apply where an officer considers there is no reasonable justification and no complaint has been received by Council."

    CARRIED

    [ATTACHMENT 7A]

  8. Top LEGISLATION OF SIGNIFICANCE - SUBMISSION TO THE NEW ZEALAND FOOD SAFETY AUTHORITY ON THE DOMESTIC FOOD REVIEW POSITION PAPER

    That the committee endorses the proposed Auckland City submission to the New Zealand Food Safety Authority on the domestic food review position, in response to the position paper of the Domestic Food Review, subject to any amendments made by the Chairman of the Planning and Regulatory Committee, and it be submitted to the New Zealand Food Safety Authority.

    CARRIED

  9. Top GOOD NEIGHBOUR INITIATIVE

    That the committee endorses the current and planned service development initiatives outlined in the Good Initiatives Programme.

    CARRIED

    [ATTACHMENT 9A]

  10. Top SUBMISSION ON APPLICATION FOR RESOURCE CONSENT BY WATERCARE SERVICES LIMITED FOR WASTEWATER DISCHARGES.

    That the committee confirms the submission on applications for resource consent by Watercare Services Limited for wastewater discharges 31874, 31872, 31870, 31450, 31452, 31453, 31457.

    CARRIED

  11. Top APPOINTMENT OF COMMISSIONERS

    11.1. APPOINTMENT OF COMMISSIONERS - ISTHMUS PLAN MODIFICATION 200: PRIVATE PLAN CHANGE FOR CHRIST THE KING PARISH

    That any three persons from the following panel, as nominated by the Planning and Regulatory Committee, be appointed to hear submissions and make a recommendation to council on a private plan change application for sites zoned Residential 6A to be rezoned to Special Purpose 2 (Education), the same zoning currently applying to the existing school and church:

    The panel is Cr Fryer (Chairman), Cr Leighton and Board Member McLaren (alternates Cr Storer (Chairman) and Cr Raffills).

    CARRIED

    11.2. APPOINTMENT OF COMMISSIONERS - PROPOSED PRIVATE PLAN CHANGE 186: GREENLANE HOSPITAL

    That any three persons from the following panel, as nominated by the Planning and Regulatory Committee, be appointed to hear submissions and make a recommendation to council on a private plan change application to rezone part of the land currently included in the Greenlane Hospital site identified in the District Plan as Special Purpose 1 (Health) zone to Residential 6A, consistent with the adjoining residential land.

    The panel is Cr Fryer (Chairman), Cr Abel and Board Member Carter (alternates Cr Storer (Chairman) and Cr Leighton).

    CARRIED

    11.3. APPOINTMENT OF COMMISSIONERS - ISTHMUS PLAN MODIFICATION 193 - NOTICE OF REQUIREMENT FOR AN ALTERATION TO MOTORWAY DESIGNATION, TRANSIT NZ: NEWMARKET VIADUCT IMPROVEMENT PROJECT

    That any three persons from the following panel, as nominated by the Planning and Regulatory Committee be appointed to hear submissions and make a recommendation to Transit NZ on a Notice of Requirement application to alter the existing motorway designation in the District Plan (Isthmus Section) to allow for the construction, operation and maintenance of the motorway at Newmarket.

    The panel is Cr Christian (Chairman), Cr Abel, Cr Armstrong, Cr Caughey and Board Member Carter (alternates Cr Casey and Cr Millar).

    CARRIED

  12. Top GENERAL PLANNING AND SIGNS/BILLBOARDS BYLAW: PROPOSED AUSTRALIAN VISIT

    That this item be withdrawn for one month.

    CARRIED

  13. 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.

    Animal Control Shelter - Future Requirements

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C2.

    Brothels and Commercial Sex Premises Bylaw - Decision whether to appeal High Court Judgement

    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 enable the Council to carry out, without prejudice or disadvantage, commercial activities.

    [Section 7(2)(h)]

    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 12.48 pm.
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