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MINUTES ATTACHMENTS

MINUTES OF A MEETING OF THE PLANNING AND REGULATORY COMMITTEE

HELD ON THURSDAY, 14 DECEMBER 2006 AT 9:00 AM

PRESENT:	Councillors:	Glenda	Fryer	[Chair]
		Neil	Abel	[arr 9.49am item 4.3]
		Doug	Armstrong, QSO	[dep 10.37am item 6 arr 10.55 am item 6; dep 1.15 pm item C3]
		Dr Cathy	Casey
		Christine	Caughey	[arr 11.00am item 7 dep 12.15pm item 7]
		Bill	Christian, JP	[dep 12.45pm item 18]
		Dr Bruce	Hucker,QSO	[arr 11.14 item 7; dep 11.40 item 7, arr 12.30 item 11, dep 12.48 item 16]
		Toni	Millar, JP	[arr 9.17am item 4.2; dep 10.08am item 4.5; arr 10.10am item 4.5; dep 10.14am item 4.5; arr 10.19am item 4.5 dep 10.40am item 6; arr 10.54am item 6 dep 10.59am item 6; arrive 11.00am item 7 dep 12.33pm item 11]
		Graeme	Mulholland, JP	[arr 9.47am item 4.3 dep 10.56am item 7; arr 11.00am item 7 dep 11.43am item 7; arr 11.56am item 7 dep 12.30pm item 11]
		Noelene	Raffills	[arr 9.56 am item 4.4 dep 10.13 am item 4.4; arr 10.26 item 4.5 dep 12.33pm item 11]
		Penny	Sefuiva	[arr 9.19am item 4.2 dep 1.16pm item C3]
		Faye	Storer	[arr 9.10am item 4.1 dep 12.58 pm item C1]
ALSO PRESENT:	Councillor	Richard	Northey, ONZM	[arr 9.49am item 4.4 dep 10.25am item 4.5; arr 10.29 am item 6; dep 11.50am item 7; arr 12.30 item 11 dep 1pm item C2]

1. APOLOGIES

   That the apologies from Councillors Mulholland, Millar and Caughey for lateness be accepted.

   CARRIED

2. CONFIRMATION OF MINUTES

   That the minutes of the Planning and Regulatory Committee meeting held on Thursday, 9 November 2006 be confirmed as a true and correct record.

   CARRIED

3. EXTRAORDINARY BUSINESS

   There was no extraordinary business.

4. PUBLIC FORUM

   4.1PROPOSED SIGNS and billboards BYLAWs – M Andrew TrevelyAn

   That Andrew Trevelyan representing NZSDA, be thanked for his presentation regarding the proposed Signs and Billboards Bylaws.

   CARRIED

   4.2 PROPOSED signs and BILLBOARDS BYLAWS – MR TIM SIMPKINS

   That an extension of time be granted to Mr Tim Simpkins.

   CARRIED

   That Tim Simpkins, representing the billboards industry, be thanked for his presentation regarding the proposed Signs and Billboards Bylaws.

   CARRIED

   [ATTACHMENT 4.2]

   4.3 PROPOSED SIGNS AND BILLBOARDS BYLAWS – MR iVAN mERCEP AND MR hAMISH kEITH

   That Ivan Mercep and Hamish Keith be thanked for their presentation regarding the proposed Signs and Billboards Bylaws.

   CARRIED

   4.4 PROPOSED SIGNS BYLAW – MR Jim Howie

   That Jim Howie, Director of SignPak, be thanked for his presentation regarding the proposed Signs Bylaw.

   CARRIED

   4.5 HIGH RISE BUILDING IN AUCKLAND CITY – MS LISA PRAGER

   Ms Prager was not in attendance for this item.

   4.6 INTERVIEW OF MANAGERS FOR LIQUOR LICENCES – MR ANDREW GALLOWAY and SENIOR CONSTABLE Jason loye

   That Andrew Galloway and Jason Loye be thanked for their presentation regarding the interviewing of managers for liquor licences.

   CARRIED

   [ATTACHMENT 4.6]

   [Secretarial note: The tabled attachment will be included with the official minutes]

5. REPORTS PENDING REQUESTED

   That the Reports Requested/Pending List of the Committee Manager dated 1 December 2006 be amended as follows:

   Row	Target Date	Report Title		Reason for Update
   1	TBA	Kingsland intensification and Eden Park Stadium Development		Target date updated to April 2007
   3	TBA	Good Neighbour Pack		Item deleted as it is completed
   5	TBA	Section 274 process		Item deleted as it is completed
   Reports requested from Combined Committees
   1	TBA		Report on how council can encourage and facilitate the implementation in existing residences of more energy efficient and sustainable building practices	Reassigned to City Planning – part of Mayoral Task Force on Sustainability

    

   2	TBA	Report on random checks on whether garages which have received resource consent in the last 10 years have been converted into 'living accommodation' [without necessary consents]	Target Date updated to February 2007
   3	TBA	Report on increasing the policing of permitted impermeable surfaces and application of a substantial exacerbator charge where these are exceeded	Updated to include the Manager Environmental and Utility Management as leading this report, with a target date of March 2007
   4	TBA	Information on walking/ cycling/bus/retail nodes and land use planning relationship in East Auckland, Glen Innes, Panmure, Tamaki Edge	To be deleted as completed
   5	TBA	Progress on mayoral task force on urban design	To be deleted as completed
   6	Quarterly	Regulatory Programme – phase two business case	To be deleted as completed

   CARRIED

6. INTERVIEWING ON-LICENCE MANAGER APPLICANTS

   1. That the Committee endorses the initiatives taken by the District Licensing Agency to increase resourcing for late-night monitoring of licensed premises.
   2. That the Committee (acting as the Auckland District Licensing Agency) instructs the Secretary of the Auckland District Licensing Agency to recommence applicant interviews from 1 January 2007.
   3. That the process for club and general manager certificate applicant interviews apply for applications lodged from 1 January 2007.
   4. That the issue of monitoring of the liquor licensing interviewing process be reported to the Committee's July 2007 meeting.
   5. That the matter of the adequacy of qualifications screening be raised with the NZQA and reported back to the Committee.

   CARRIED

7. TRIAL PERIOD FOR NEW INTERIM ALCOHOL BANS IN SPECIFIC AREAS IN AUCKLAND CITY

   1. That the prohibitions and controls in Part 14 of the Council's Bylaw – Liquor Control in Public Places (which relate to alcohol bans) shall apply in the period from 15 December 2006 to 31 August 2007 in the following specified public places:

   1. All on-road car parking in Cliff Road Achilles Point, Springcombe Road, Glover Road, Waitara Road and Glover Park car park; 
   2. The Tamaki foreshore from Pt England car park along Riverside Avenue and Dunkirk Road to and including Panmure wharf;
   3. Seaside Park, Sturges Park and Murphy Park and associated car parks in Otahuhu;
   4. The reserves and access roads to those reserves in Wesley from Alan Wood reserve to War Memorial Park in Wesley, including Hendon Park, Underwood Park, the McGehan Close Reserve and Walmsley Park and all associated car parks;
   5. The Manukau foreshore from Avondale South Domain through to Wesley Bay, to Taylors Bay including the access roads to car parks and reserve areas, and the entire Blockhouse Bay Beach Reserve area, including the area bordering Taunton Terrace;

   7. The access roads to the car parks of Margaret Griffen Park and the Lynfield Reserve;
   8. Buchanan Park and Tin Tacks Reserve, Onehunga;
   9. One Tree Hill car parks, Mount Eden Summit car park and Summit Drive in Owairaka Domain including the car parks; and
   10. Coyle Park, Harbourview Reserve and Raymond Street Reserve and access roads in Point Chevalier.

   2. That the interim alcohol bans operate from Thursday 10pm to the following Sunday 6am so that there is consistency with existing bans in other suburban areas within Auckland city.
   3. That an evidenced-based evaluation of the effectiveness of the approved areas for alcohol bans be completed between March and April 2007, and the results reported to the Planning and Regulatory Committee's August 2007 meeting.
   4. That further consultation on the interim alcohol bans take place between May and June 2007, with feedback reported to the Planning and Regulatory Committee by August 2007 to consider and determine whether or not full time bans should be established in the approved areas from 1 September 2007.
   5. That the Committee notes that the Chairs of all Community Boards were provided with the opportunity to comment on the officers' report prior to the meeting.

   CARRIED

8. PROPOSED SIGNS AND BILLBOARDS BYLAWS

   1. That the Committee endorses the proposed new Signs and Billboards Bylaws and Statement of Proposal, subject to the following amendments to the Billboards Bylaw:

   1. That clause 27B.1.1.1 relating to transitional provisions be amended to read:

   Billboards registered under the Auckland City Consolidated Bylaw 1998 Part 27B, on the date when this Part of the Bylaw comes into force, shall have a period of 18 months from that date before they must comply with this part of the Bylaw or be removed, unless they are situated in an area covered by a Centre Plan or a Character Overlay, in which case this period shall be 12 months.

   2. That clause 27B.4.7 relating to dispensations be amended to read:

   In the case of a billboard the subject of a dispensation granted by Council prior to this Part of the Bylaw coming into force, where the dispensation is due to expire within 18 months of this part of the Bylaw coming into force, clause 27B.4.6 shall apply, unless the billboard is situated in an area covered by a Centre Plan or a Character Overlay, in which case this period shall be 12 months.

   3. That clause 27B.1.2.1 relating to location be amended to read:

   There shall be no billboards placed on or over any Open Space zoned land, or any land with a Special Purpose 1, 2 or 3 zoning under the operative Auckland City District Plan (Isthmus section), or over any of the Hauraki Gulf Islands.

   2. That the Committee recommends to the Council that the Special Consultative Procedure be commenced to adopt new Signs and Billboards Bylaws.
   3. That the Committee recommends to the Council that all dispensations, existing and future, for both signs and billboards, have a life of no longer than five years.
   4. That the Committee appoints a minimum of three persons from the following panel as hearings commissioners for the Signs and Billboards Bylaws and authorises the hearings panel to report direct to the Council:

   The panel is Cr Fryer [Chairman] Cr Storer, Cr Caughey, Cr Mulholland and Cr Sefuiva [alternate Cr Boyle].

   5. That the Chairman be authorised to appoint an alternate commissioner to the hearings panel for the Signs and Billboards Bylaws.
   6. That the Committee endorses the consultation and adoption timetable for the Signs and Billboards Bylaws as detailed below:

   14 December 2006 Report to Council with recommendations of the Planning and Regulatory Committee

   15 January 2007 Public notification, including a City Scene story and three advertisements in the New Zealand Herald.

   2 March 2007 Submissions close

   Mid-April 2007 Hearing

   May 2007 Council meeting and adoption of bylaws

   7. That the Committee confirms the following as the directly notified stakeholders for the Signs and Billboards Bylaws:

   Signs – directly notified stakeholders

   All sign makers/painters, etc [as extracted from the Yellow Pages]

   All Business Associations and Mainstreets

   Employers & Manufacturers Association

   Retailers Federation

   Auckland Chamber of Commerce

   Property Council

   New Zealand Institute of Architects

   Billboards – directly notified stakeholders

   Outdoor advertising companies [as extracted from the Yellow Pages

   All building owners with current billboards on their properties [as extracted from the billboards register]

   Advertising agencies [as extracted from the Yellow Pages]

   Property Council

   New Zealand Institute of Architects

   8. That the Manager Auckland City Environments prepare and implement a communications and education strategy aimed at informing stakeholders in the signs and billboards industry, including signage companies, commercial premises with signs and billboards that will be non-complying, interest groups as outlined in the directly notified stakeholders groups, and the general public, of the intent and mechanisms of the new Signs and Billboards bylaws.

   Councillor Raffills moved the following amendment:

   That before anything further occurs in the bylaw process a meeting occur with the industry and a specific list of problematic areas be produced in order to ascertain if the specific locations can be resolved by mutual agreement.

   The amendment was declared LOST on a show of hands.

   Councillors Raffills and Millar asked that their votes for the amendment be recorded.

   Councillor Millar moved the following amendment by way of addition:

   I. That submissions for the Signs and Billboards Bylaws close on 15 March 2007.

   The amendment was declared LOST on a show of hands.

   Councillors Armstrong, Millar and Raffills asked that their vote for the amendment be recorded.

   Councillor Armstrong moved the following amendment by way of substitution:

   That the Committee defer consideration of the Signs and Billboards Bylaws until February 2007 to allow further dialogue on key aspects of the draft to ensure that the proposed bylaw is more robust when it goes out for consultation.

   The amendment was declared LOST on a show of hands.

   Councillors Raffills, Millar and Armstrong asked that their votes for the amendment be recorded.

   The Chairman put the substantive motion in parts:

   1. That the Committee endorses the proposed new Signs and Billboards Bylaws and Statement of Proposal, subject to the following amendments to the Billboards Bylaw:

   1. That clause 27B.1.1.1 relating to transitional provisions be amended to read:

   Billboards registered under the Auckland City Consolidated Bylaw 1998 Part 27B, on the date when this Part of the Bylaw comes into force, shall have a period of 18 months from that date before they must comply with this part of the Bylaw or be removed, unless they are situated in an area covered by a Centre Plan or a Character Overlay, in which case this period shall be 12 months.

   2. That clause 27B.4.7 relating to dispensations be amended to read:

   In the case of a billboard the subject of a dispensation granted by Council prior to this Part of the Bylaw coming into force, where the dispensation is due to expire within 18 months of this part of the Bylaw coming into force, clause 27B.4.6 shall apply, unless the billboard is situated in an area covered by a Centre Plan or a Character Overlay, in which case this period shall be 12 months.

   3. That clause 27B.1.2.1 relating to location be amended to read:

   There shall be no billboards placed on or over any Open Space zoned land, or any land with a Special Purpose 1, 2 or 3 zoning under the operative Auckland City District Plan (Isthmus section), or over any of the Hauraki Gulf Islands.

   CARRIED

   Councillors Raffills, Millar and Armstrong asked that their votes against the motion be recorded.

   2. That the Committee recommends to the Council that the Special Consultative Procedure be commenced to adopt new Signs and Billboards Bylaws.
   3. That the Committee recommends to the Council that all dispensations, existing and future, for both signs and billboards, have a life of no longer than five years.
   4. That the Committee appoints a minimum of three persons from the following panel as hearings commissioners for the Signs and Billboards Bylaws and authorises the hearings panel to report direct to the Council:

   The panel is Cr Fryer [Chairman] Cr Storer, Cr Caughey, Cr Mulholland and Cr Sefuiva [alternate Cr Boyle].

   5. That the Chairman be authorised to appoint an alternate commissioner to the hearings panel for the Signs and Billboards Bylaw.

   Councillors Raffills, Millar and Armstrong asked that their votes against the motion be recorded.

   6. That the Committee endorses the consultation and adoption timetable for the Signs and Billboards Bylaws as detailed below:

   14 December 2006 Report to Council with recommendations of the Planning and Regulatory Committee

   15 January 2007 Public notification, including a City Scene story and three advertisements in the New Zealand Herald.

   2 March 2007 Submissions close

   Mid-April 2007 Hearing

   May 2007 Council meeting and adoption of bylaws

   7. That the Committee confirms the following as the directly notified stakeholders for the Signs and Billboards Bylaws:

   Signs – directly notified stakeholders

   All sign makers/painters, etc [as extracted from the Yellow Pages]

   All Business Associations and Mainstreets

   Employers & Manufacturers Association

   Retailers Federation

   Auckland Chamber of Commerce

   Property Council

   New Zealand Institute of Architects

   Billboards – directly notified stakeholders

   Outdoor advertising companies [as extracted from the Yellow Pages

   All building owners with current billboards on their properties [as extracted from the billboards register]

   Advertising agencies [as extracted from the Yellow Pages]

   Property Council

   New Zealand Institute of Architects

   8. That the Manager Auckland City Environments prepare and implement a communications and education strategy aimed at informing stakeholders in the signs and billboards industry, including signage companies, commercial premises with signs and billboards that will be non-complying, interest groups as outlined in the directly notified stakeholders groups, and the general public, of the intent and mechanisms of the new Signs and Billboards bylaws.

   CARRIED

   Councillors Raffills, Millar and Armstrong asked that their votes against the motion be recorded.

   9. That a new clause 27.13.9 be included in the draft Signs Bylaw to read as follows:

   Products and Services

   That advertising of products and services on any site shall be limited to those sites where such products and services are available.

   10. That a new clause 27.13.10 be included in the Signs Bylaw to read as follows:

   Flashing/revolving lights:

   Except with the permission of the authorised officer no person shall erect any sign that uses flashing or revolving lights.

   11. That the heading of the existing clause 27.13.9 be changed to read as follows and be renumbered to 27.13.11:

   Great Barrier, Rakino and Other Islands

   12. That clause 27.13.3 be amended to include all of the detailed specifications for wall signs, verandah fascia signs, under verandah signs, tavern signs and entrance signs and that consequential amendments to other clauses relating to the Hauraki Gulf Islands be made as required.

   CARRIED

   Councillosr Raffills, Millar and Armstrong asked that their votes against the motion be recorded.

   13. That a new clause "s" be added to clause 27B.1.3 to read:

   s. be placed on or over any residential precinct, open space or education precinct (University of Auckland and Auckland University of Technology)

   14. That officers meet with representatives of the signs industry and Outdoor Advertising Association during the consultation period for the Signs and Billboards Bylaws.
   15. That Auckland City Environments report to the February 2007 meeting of the Planning and Regulatory Committee on enforcement issues relating to signs and billboards.
   16. That new clauses 27B.7.1, 27B.7.2 and 27B.7.3 be inserted in the Billboards Bylaw as follows:

   27B7.1 Notwithstanding any requirement for billboards under this Part of the Bylaw, where the Council considers that a billboard significantly adversely affects the amenity of surrounding area, the Council may commission an independent report from an appropriate expert to assess the impact of the billboard in the amenity of the area.

   27B7.2 If the advice provided in accordance with 27B.7.4 by the independent expert is that the billboard does significantly adversely affect the amenity of the surrounding area, the Council may give notice in writing to the owner of the billboard requiring the removal of the billboard within 6 months of the date of the notice

   27B7.3 If the owner of the billboard does not agree to comply with the notice within 6 months of the issuing of the notice, the Council must refer the matter to an independent planning commissioner for a hearing and determination.

   CARRIED

   [Secretarial note: 

   The Chairman agreed that resolutions I to L put forward by Councillor Storer be included in the substantive motion, together with additional resolutions M to O. Resolution P was moved from the confidential to the open minutes.

   The Committee's resolutions were tabled at the Council meeting on 14 December 2006].

9. SIGNS RECOMMENDATION FROM EUROPEAN STUDY TOUR REPORT

   That the resolution from the Arts, Culture and Recreation Committee regarding Councillors' European Study Tour be noted.

   CARRIED

10. REVIEW OF THE ISTHMUS SECTION OF THE DISTRICT PLAN

    1. That the Committee endorses the programme for commencement of the review of the Isthmus District Plan.
    2. That a working party chaired by the Planning and Regulatory Committee chair and Councillors Fryer, Caughey, Sefuiva, Boyle, Raffills and Millar be established to discuss issues related to the Isthmus District Plan review and be involved in consultation, plan development and hearings.

    CARRIED

11. LIM AND PIM INFORMATION

    1. That Auckland City Environments continues to work towards its goal of making more information available to the public on-line.
    2. That the currently approved fee continues to be applied to the application for land information memoranda.
    3. That the fee for land information memoranda continues to recognise the significant value of the Council's information asset and the resources required to maintain that asset and make it available to the public.

    Councillor Armstrong moved the following amendment:

    1. That Auckland City Environments work towards the goal of making all LIM and PIM information available to the public on-line, at no cost.

    LOST

    The Chairman put the substantive motion:

    1. That Auckland City Environments continues to work towards its goal of making more information available to the public on-line.
    2. That the currently approved fee continues to be applied to the application for land information memoranda.
    3. That the fee for land information memoranda continues to recognise the significant value of the Council's information asset and the resources required to maintain that asset and make it available to the public.

    CARRIED

12. LANDOWNER'S CONSENT TO BUILDING PROJECTION OVER ROAD – 83-85 WAKEFIELD STREET, AUCKLAND CITY

    That approval be given to the construction of verandahs over the legal road at 83-85 Wakefield Street, subject to:

    1. construction being in accordance with the plans submitted and attached at Appendix B of the agenda report; and
    2. the applicant obtaining an airspace licence over the affected area of road, the terms and conditions of such licence, including fees, to be approved under delegation in accordance with the Council's policy.

    CARRIED

13. PLAN CHANGE 38 - MATIATIA

    That the Committee recommends to Council:

    1. That plan change 38 – Matiatia be incorporated into the Auckland City District Plan: Hauraki Gulf islands Section 1996.
    2. That the Manager: Isthmus and Islands Resource Management be authorised to publicly notify the date on which the plan change will become operative.

    CARRIED

14. SH20 MANUKAU HARBOUR CROSSING PROJECT – APPOINTMENT OF PLANNING COMMISSIONERS

    1. That the composition of the panel for Auckland City Council for the SH20 Manukau Harbour Crossing Project be as follows:

    • One elected commissioner; and
    • One independent commissioner with representation in the legal or planning professions;

    2. That the Committee appoints Cr Boyle and Mr Les Simmons to the SH20 Manukau Harbour Crossing hearing panel.
    3. That the Chairman be authorised to appoint an alternate commissioner to the panel for the SH20 Manukau Harbour Crossing hearing.

    CARRIED

15. PROPOSED PRIVATE PLAN CHANGE 213 – 454 GREAT NORTH ROAD: REQUEST FOR ACCEPTANCE FOR NOTIFICATION

    1. That the applicant be advised that the Council has accepted the request for a private plan change to the Isthmus District Plan pertaining to the site at 454 Great North Road, Grey Lynn.
    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.

    CARRIED

16. SUBMISSION ON APPLICATION FOR RESOURCE CONSENT BY NORTH SHORE CITY COUNCIL FOR CONTINUED OPERATION OF ITS STORMWATER AND WASTEWATER NETWORKS

    That the submission on applications for resource consent by North Shore City Council network permits 31819, 33076, 33078, 33079, 33084, 33085, 33081 and 33083 be noted.

    CARRIED

17. PLANNING INSTITUTE OF AUSTRALIA NATIONAL CONGRESS 2007

    That the Committee approves the attendance of Councillor Caughey at the Planning Institute of Australia annual congress being held in Perth from 1-4 May 2007.

    CARRIED

18. PLAN CHANGE 192

    That Mr Les Simmons be appointed to join the panel of Councillor Fryer [Chair], Councillor Caughey and Councillor Leighton to hear submissions and make a recommendation to Council on Plan Change 192.

    CARRIED

19. EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT
    OFFICIAL INFORMATION AND MEETINGS ACT 1987

    1. 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 revision of the Brothel and Commercial Sex Premises bylaw	Good Reason to withhold exists under section 7	Section 48(1)(a)

     

    C2	Billboards Bylaw – legal advice	Good Reason to withhold exists under section 7	Section 48(1)(a)
    C3	Review of existing Signage and Billboards Licences	Good Reason to withhold exists under section 7	Section 48(1)(a)
    C4	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.	To maintain legal professional privilege	[Section 7(2)(g)]
    C2.	To maintain legal professional privilege	[Section 7(2)(g)]
    C3.	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)]
    C4.	To enable the Council to carry out, without prejudice or disadvantage, commercial activities.	[Section 7(2)(h)]

    CARRIED

    2. That Graham Palmer from Simpson Grierson be permitted to remain for items C1 and C2 as he has information which may assist the Committee in its deliberations.
    There being no further business the Chairman declared the meeting closed at 1.24