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MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE HELD ON MONDAY, 07 AUGUST 2006 AT 9:32 AM

PRESENT:

Councillors:

Glenda

Fryer

[Chair]

 

 

Neil

Abel

 

 

 

Doug

Armstrong, QSO

 

 

 

Dr Cathy

Casey

 

 

 

Bill

Christian, JP

 

 

 

Toni

Millar, JP

[Until 10.08am item 7, from 10.13am item 8]

 

 

Graeme

Mulholland, JP

 

 

 

Noelene

Raffills

 

 

 

Penny

Sefuiva

[From 10.43am item 13]

 

 

 

 

 

  1. Top APOLOGIES

    That the apologies from Cr Hucker, Cr Caughey and Cr Storer for non-attendance and Cr Millar and Cr Sefuiva for lateness be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning and Regulatory Committee meeting held on Thursday, 13 July 2006 be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    3.1 Review of the Building Code

    That an item regarding the review of the building code be considered as extraordinary business at agenda item 16 for the reason that the submission period closes on Thursday, 31 August 2006 and the next Planning and Regulatory Committee meeting is not until September 2006.

    3.2 Kingsland Intensification and Eden Park Stadium Development

    That an item regarding the Kingsland Intensification and Eden Park Stadium development be considered as extraordinary business at agenda item 17 for the reason due to the urgency required by the Eden/Albert Community Board.

    3.3 Inclusion of an Additional Tree for Scheduling in the Auckland City Operative District Plan 1999 (Isthmus Section)

    That an item regarding the Inclusion of an additional tree for scheduling in the Auckland City Operative District Plan 1999 (Isthmus Section) be considered as extraordinary business at agenda item C4 for the reason that urgent notification is required.

    CARRIED

  4. Top PUBLIC FORUM

    There were no requests to speak in public forum.

  5. Top REPORTS PENDING/REQUESTED

    That the report of the Acting Committee Manager dated 28 July 2006 be received.

    CARRIED

  6. Top VERBAL REPORT - WATLING RESERVE OFF-LEASH DOG EXERCISE HOURS

    That the Bylaw Review Programme Manager be thanked for his verbal presentation to the committee on issues surrounding off-leash dog exercise hours.

    CARRIED

  7. Top AUCKLAND CITY ENVIRONMENTS QUARTERLY OPERATIONAL REPORT

    That the report of the Group Manager, Auckland City Environments dated 10 July 2006 on the Group's performance and key activities over the period April to June 2006 for its main operations be received.

    CARRIED

    Cr Casey moved the following additions:

    1. That the Acting Chief Executive urgently advise the Councillors on the matter of the Erotica Parade and whether this parade complies with the Councils bylaws and events policies.

    CARRIED

    1. That the Planning and Regulatory Committee express opposition to the staff decision to allow the Erotica Parade on 23 August and seek to review the decision.

    CARRIED

    The Chairman put the substantive motion.

    1. That the report of the Group Manager, Auckland City Environments dated 10 July 2006 on the Group's performance and key activities over the period April to June 2006 for its main operations be received.
    2. That the Acting Chief Executive urgently advise the Councillors on the matter of the Erotica Parade and whether this parade complies with the Councils bylaws and events policies.
    3. That the Planning and Regulatory Committee express opposition to the staff decision to allow the Erotica Parade on 23 August and seek to review the decision.

    CARRIED

    Cr Christian requested that his vote against resolutions B and C be recorded.

    [Attachment 7]

  8. Top CITY PLANNING QUARTERLY REPORT

    That the report of the Group Manager dated 17 July 2006 to the Committee on key achievements in planning and regulatory matters for the last quarter be received.

    CARRIED

  9. Top EARTHQUAKE-PRONE, DANGEROUS AND INSANITARY BUILDINGS POLICY (FINAL)

    1. That the Planning and Regulatory Committee approves the earthquake-prone, dangerous and insanitary buildings policy.
    2. That it be recommended to Council that the Earthquake-Prone, Dangerous and Insanitary Buildings Policy be adopted.

    CARRIED

  10. Top PROPOSED FIREWORKS BAN TAMAKI DRIVE

    That in accordance with Part 20 - Public Places 20.3.1(p) of the Auckland City Consolidated Bylaw a ban on the letting off of fireworks on Friday 3 November, Saturday 4 November, Sunday 5 November and Monday 6 November 2006, on the following areas of open space:

    Tamaki Drive from the intersection with Ngapipi Road to St Heliers, Watene Reserve, MJS Memorial, Orakei Domain, Selwyn Domain, Kohimarama Beach, Vellenoweth Green, St Helier's Bay Beach, Ladies Bay and Archilles Point.

    CARRIED

  11. Top PROPOSED TEMPORARY ALCOHOL BANS FOR 2006-2007 YEAR

    1. That the liquor bans detailed in appendix one as amended at this meeting, of the report titled Proposed Temporary Alcohol Bans for 2006-2007 Year dated 13 July 2006 be approved.
    2. That the Committee consider further temporary liquor bans in parks following the completion of a report on liquor bans to the Committee's September 2006 meeting.
    3. That the Committee approve the following amendments to the report and the appendix:

    3.0 in the report Guy Fawkes Weekend (3-6 Nov) be removed.

    CARRIED

    Note: Appendix One of the report titled Proposed Temporary Alcohol Bans for 2006-2007 Year dated 13 July 2006 is attached to these minutes.

    [Attachment 11a]

  12. Top TAMAKI DRIVE BUS LANE

    That the Planning and Regulatory Committee recommend to Council that new bus lanes be introduced on Tamaki Drive:

    1. That pursuant to Clause 25.5.7 of Part 25 - Traffic of the Auckland City Consolidated Bylaw 1998, Clause 25.5.5 is amended by the addition of new sub-clauses 25.5.5(zc) and (zd), which read:
    1. The traffic lane on the southern side of Tamaki Drive:
    1. The southern side of Tamaki Drive commencing at a point 160.0 metres east of the extended eastern kerb line of Kitemoana Street and extending west to a point 60.0 metres east of the extended eastern kerbline of Ngapipi Road.

    This restriction on the use of this traffic lane on the southern side of Tamaki Drive shall apply between the hours of 7.00 - 9.00am on weekdays except public holidays.

    1. The traffic lane on the northern side of Tamaki Drive:
    1. the northern side of Tamaki Drive commencing at a point 20.0 metres west of the extended western kerb line of Solent Street and extending east to the extended western kerbline of Solent Street.

    This restriction on the use of this traffic lane on the northern side of Tamaki Drive shall apply at all times.

    1. That the above resolution of Council regarding Tamaki Drive Bus Lane, be publicly advertised.
    2. That it be noted that after 12 months the effectiveness, impact and continuance of the bus lane will be reviewed and reported to the Transport and Urban Linkages Committee.

    CARRIED

  13. Top APPOINTMENT OF PLANNING COMMISSIONERS - VICTORIA PARK TUNNEL PROJECT

    1. That committee appoint a panel to hear submissions on and make a recommendation to the requiring authority on an application to designate land for a new motorway and alterations to the existing motorway designation, consisting of:
    1. Three independent commissioners being two appointees from ACC with expertise in legal and planning disciplines respectively, and one appointee from the ARC with expertise in environmental engineering/science professions
    2. Four commissioners to be political appointees, two representing the ACC being Cr WA Christian and one other appointed by the Chairperson of the Planning and Regulatory Committee
    3. The independent planning commissioner with legal expertise in planning matters should be appointed chair of the panel.
    1. That the Chairman of the Planning and Regulatory Committee or if unavailable the Deputy Chairman Planning and Regulatory Committee be authorised to appoint alternate commissioners and independent commissioners to hear the requirement.
    2. That the independent commissioners be Leigh McGregor and Les Simmons.

    CARRIED

    Note: Page 2 of the report of Senior Planner dated 27 July 2006 was missing from the agenda and was tabled at the meeting

    [Attachment 13a]

  14. Top APPOINTMENT OF SPECIAL URBAN DESIGN PANEL - BRITOMART

    1. That the Committee appoint three persons, being Professor John Hunt, Mr Ian Athfield and Mr Patrick Fontein to a special urban design panel for Britomart.
    2. That the Chairman be authorised to appoint an additional, and/or alternative member should one of the members be unavailable.

    CARRIED

    That Item 16 be taken at this point

    CARRIED

    That Item 17 be taken at this point

    CARRIED

  15. 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.

    Notice Of Requirement - Open Space Acquisition

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C2

    Proposed Plan Change 14 - To Amend Part 10.9.4.1 Scheduling, Part 10.9.4.5 Interiors And Surround, Part 10.9.8(A) Rules - Activities And Appendix 1, Abbreviations

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C3

    Inclusion Of Additional Buildings & Objects For Scheduling In The Auckland City District Plan (Isthmus Section)

    Good Reason to withhold exists under section 7

    Section 48(1)(a)

    C4

    Inclusion of an Additional Tree for Scheduling in the Auckland City District Plan (isthmus section

    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.

    That a right of appeal lies to the Environment Court against the final decision of the Committee

    [Section 48.2 (a)(i)]

    C3.

    That a right of appeal lies to the Environment Court against the final decision of the Committee

    [Section 48.2 (a)(i)]

    C4

    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

  16. Top REVIEW OF THE BUILDING CODE

    At the Economic Development and Sustainable Business Committee meeting held on 2 August 2006, the Committee considered the review of building code and resolved

    1. That Council make a submission on the Department of Building and Housing paper the "Review of the Building Code", before the submission closing date of the 31st August 2006.
    2. That the Chair, Deputy Mayor and Cr Armstrong together with up to two members of the Planning and Regulatory Committee appointed by the Chair of that Committee, be appointed to consider and approve Auckland City's submission the Department of Building and Housing paper, the 'Review of the Building Code".
    3. That the submission be reported to the September 2006 meeting of the Planning and Regulatory Committee and the Economic Development and Sustainable Business Committee.

     

    1. That Council officers make a submission on the Department of Building and Housing paper the "Review of the Building Code" before the submission closing date of 31 August 2006.
    2. That Cr Fryer and Cr Caughey be appointed to join the panel with Cr Northey, Deputy Mayor Hucker and Cr Armstrong (as appointed by the Economic Development and Sustainable Business Committee) to consider and approve Auckland City's submission on the Department of Building and Housing paper, the "Review of the Building Code".
    3. That the submission be reported to the September 2006 meeting of the Planning and Regulatory Committee and the Economic Development and Sustainable Business Committee.

    [Attachment 16]

    CARRIED

  17. Top KINGSLAND INTENSIFICATION AND EDEN PARK STADIUM DEVELOPMENT

    That the Group Manager, City Planning be requested to give priority to addressing the Planning & Regulatory Committee's October 2005 resolution arising from the Board Chair's presentation to this committee relating to Kingsland intensification and Eden Park stadium development, and that the requested officer's report be provided to the Committee before December 2006.

    CARRIED

    That Item 15 be taken at this point

    CARRIED

    There being no further business the Chairman declared the meeting closed at 12:37 pm.
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