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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, 14 SEPTEMBER 2006 AT 9.35am

PRESENT:	Councillors:	Glenda	Fryer	[Chair]
		Neil	Abel	[From 9.38am item 4]
		Dr Cathy	Casey
		Bill	Christian, JP
		Toni	Millar, JP
		Penny	Sefuiva	[From 9.40 item 4]
		Faye	Storer	[From 9.38 item 4]
ABSENT:		Graeme	Mulholland, JP

1. APOLOGIES

   That the apologies from Cr Hucker, Cr Raffills, Cr Armstrong and Cr Caughey for non-attendance be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning and Regulatory Committee meeting held on Monday, 7 August 2006 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   4.1. SUBMISSIONS PROCESS FOR RESOURCE CONSENTS

   1. That Mr Demler, Ms Power and Ms Wilkin be thanked for their presentation on the submission process for resource consents.
   2. That the issues raised by Mr Demler namely the role and consultation with section 274 parties, and including the subdivision of Residential 1 land be referred to the General Manager City Development for report back to the Planning and Regulatory Committee's November meeting.

   CARRIED

   4.2 RAIL BELLS NOISE

   1. That Ms Rea be thanked for her presentation regarding noise from rail bells noises in the Eden/Albert ward.
   2. That the Group Manager Transport - Strategy, Policy & Projects:

   1. write to On-Track drawing attention to the issues with noise at railway crossings [particularly pedestrian rail crossings] and seeking a reduction in noise levels for alarm bells to 75db; and
   2. write to the Auckland Regional Transport Authority (ARTA) and the other territorial local authorities seeking their support for Auckland City Council's advocacy for a reduction in noise levels at railway crossings.

   CARRIED

5. REPORTS PENDING/REQUESTED

   That the summary of Reports Pending/Requested from the Hearings Services Manager dated 7 September 2006 be received.

   CARRIED

6. ANIMAL CONTROL ANNUAL REPORT

   That the report of the Animal Control Contract Manager dated 28 August 2006 be received.

   CARRIED

7. FINDINGS OF THE ALCOHOL RESEARCH TO INFORM THE DECISION MAKING OF AUCKLAND CITY

   That the of the Safer Auckland City Coordinator dated 20 July 2006, be received.

   CARRIED

8. PROPOSED AMENDMENTS TO LEASES OF AIRSPACE OR SUBSOIL OF ROADS POLICY

   1. That the 2001 policy in respect of the leasing of airspace or subsoil of roads be amended as follows:

   1. That the definition of 'building projection' in paragraph (a) be amended:

      Building projection: means any structure which protrudes into the road reserve and is attached to a building. This may include a verandah, a balcony, an awning, an eave, a minor architectural feature or a retaining wall.

      [Underlined text indicates recommended addition. Strikethrough text indicates recommended deletion]

   2. That the definition of 'overbuilding' in paragraph (a) be amended as follows:

      Overbuilding: means any structure which utilises council airspace for the purpose for providing additional floor area for an adjacent property. Such a structure may include enclosed verandahs, balconies which provide additional floor area for commercial purposes and structures, and structures which extend across the width of the street.

      [Underlined text indicates recommended addition. Strikethrough text indicates recommended deletion]

   3. hat paragraph (d) be amended to refer to the need to clearly establish a public benefit in considering whether to grant a lease of airspace to a pedestrian overpass as follows:
      4. The council will not approve the grant of a lease of airspace for a pedestrian overpass unless a public benefit is clearly established and it is satisfied that pedestrian and it is satisfied that pedestrian safety is otherwise at risk.

      [Underlined text indicates recommended addition]

   4. That a new paragraph (f) be added to the policy providing guidance as to the meaning of 'public benefit':
      6. Consideration of whether a proposed structure within council airspace will have a public benefit is based on criteria including, but not limited to the following:

      Whether the structure

      • positively contributes to the articulation of the building's façade and to the building's integration into the streetscape
      • generally enhances that street environment
      • is at a sufficient height and of an appropriate width, length and bulk that is consistent with Crime Prevention through Environmental Design principles
      • avoids infringing views to significant landmarks or valued built and natural landscapes
      • does not unduly block access to sunlight or adversely affect the wind environment in the street
      • positively contributes to energy efficiency or implementation of other sustainability principles
      • that the public benefit outweigh any private gain.

   2. That the General Manager City Development report to the Committee on opportunities to:

   1. achieve the upgrade of existing footpath verandahs to acceptable design and amenity standards.
   2. enforce the street numbering bylaw.

   CARRIED

9. REVIEW OF THE BUILDING CODE

   That the report titled Review of the Building Code by the Strategy Manager dated 21 July 2006 be received.

   CARRIED

10. URGENT DECISION - PLAN CHANGE 7

    That the memorandum from K Quensell, Hearings Services Manager regarding Urgent Decision for Plan Change 7 dated 25 August 2006 be received.

    CARRIED

11. 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 187 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's Microchipping Policy	Good Reason to withhold exists under section 7	Section 48(1)(a)
    C2	Signs And Billboards Bylaws - Options For Revision	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 maintain legal professional privilege.	[Section 7(2)(g)]
    C2.	To maintain legal professional privilege.	[Section 7(2)(g)]

    CARRIED

12. AUCKLAND CITY'S MICROCHIPPING POLICY

    1. That item C1 "Auckland City Microchipping Policy" be dealt with in the open agenda of the meeting except for the legal advice to Council.
    2. That the report titled Auckland City's Microchipping Policy by the Animal Control Contract Manager dated 29 August 2006 be received.
    3. That the Committee note the legal opinion regarding the microchipping law's enforcement.
    4. That the Auckland City's dog microchipping policy be amended to include the following under "(D) Dogs registered in New Zealand for the first time on or after 1 July 2006":

    • owners to be sent a reminder notice of un-microchipped dogs
    • issue warning notice 11 months after the reminder
    • issue infringement notice one month after the warning notice i.e. one year after microchipping due date.

    There being no further business the Chairman declared the meeting closed at 12:05 pm.