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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, 10 MAY 2007 AT 9.30 AM

PRESENT:

Councillors:

Glenda

Fryer

[Chair]

 

 

Neil

Abel

 

 

 

Dr Cathy

Casey

 

 

 

Christine

Caughey

[arr. 9.43am during item 4.1]

 

 

Bill

Christian, JP

 

 

 

Toni

Millar, JP

[dep. 11.35 am item 7; arr 11.45am item 7]

 

 

Noelene

Raffills

[dep 11.35am item 7; arr 11.49am item 7; dep 11.58am item 11]

 

 

Penny

Sefuiva

[arr 9.50 am item 4.1; dep 10.35am item 5; arr 10.50 am item 6]

 

 

Faye

Storer

 

 

 

 

 

 

  1. Top APOLOGIES

    That the apologies of Councillors Armstrong and Mulholland for non-attendance be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the Planning and Regulatory Committee meeting held on Thursday, 19 April 2007, be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    1. That an item of extraordinary business regarding Plan Change 167 - Mitchelson St [Ellerslie Racecourse] be considered at agenda item 11, for the reason that the Environment Court did not make its decision until after the close of the Committee's agenda and it would be unreasonable for the applicant to be further delayed.
    2. That an item of extraordinary business regarding Plan Change 163 - Residential 1 and 2 zones, be considered at agenda item 12, for the reason that it should have been included on this meeting agenda.

    CARRIED

  4. Top PUBLIC FORUM

    4.1 NON-COMPLIANCE WITH RESOURCE CONSENT CONDITIONS - MS SYLVIA SPENCER-INIGHT AND MR COLIN DAVIS

    Sylvia Spencer-Inight and Colin Davis spoke to the attached submission.

    [ATTACHMENT 4.1]

    1. That Sylvia Spencer-Inight and Mr Colin Davis be thanked for their presentation regarding non-compliance issues.

    Councillor Caughey moved the following addition by way of amendment:

    1. That progress on the non-compliance issues raised by Sylvia Spencer-Inight be reported to the July 2007 Committee meeting.

    CARRIED

    The Chairman put the substantive motion:

    1. That Ms Sylvia Spencer-Inight and Mr Colin Davis be thanked for their presentation regarding non-compliance issues.
    2. That progress on the non-compliance issues raised by Sylvia Spencer-Inight be reported to the July 2007 Committee meeting.

    CARRIED

  5. Top REPORTS PENDING REQUESTED

    That the Reports Requested/Pending List for April 2007 be amended as follows:

    Row

    Target Date

    Report Title

    Reason for Update

    2

    Mar 2007

    Eden Crescent Spring

    To be deleted as this matter will be addressed by the EHUF committee.

    6

    July 2007

    Good Neighbour Programme

    Investigations are continuing.

    Reports Requested from Combined Committees 2006

    2

    May 2007

    Garages which have been converted into 'living accommodation'.

    To be deleted from list as report was on the committee's April 2007 agenda.

    3

    July 2007

    Policing of impermeable surfaces

    Target date to be updated

    CARRIED

  6. Top INTERIM ALCOHOL BANS - SPECIAL CONSULTATIVE PROCEDURE

    1. That the Committee endorses:
    1. the use of the special consultative procedure for the proposed alcohol bans within Auckland city;
    2. option two as the preferred option for consideration by the public through the special consultative procedure, viz.
    • The fifteen proposed alcohol ban areas [nine interim ban areas, plus six additional areas identified through the first stage of consultation, are confirmed as permanent alcohol ban areas. However, the hours of the alcohol bans are extended from 9 pm to 6 am Thursday, Friday, Saturday and Sunday nights, finishing at 6 am on Monday morning, for all the ban areas; except for the Otahuhu alcohol ban areas which are extended to 24 hours a day, 7 days a week.
    • In addition, for all existing permanent ban areas where the hours currently operating are 10 pm to 6 am Wednesday or Thursday to Saturday, the hours will be extended to 9 pm to 6 am for the currently operative days, and for an additional night (Sunday), finishing at 6 am Monday morning. This will provide greater consistency across all alcohol bans in suburban areas in the Auckland city policing district.
    1. appoints the following commissioners to hear the submissions on the special consultative procedure and delegates those commissioners to make a recommendation to the Council:

    Councillors Fryer [chair], Raffills, Sefuiva, Millar, Caughey and Boyle.

    1. That the Chairman be authorised to appoint an additional and/or alternate hearings commissioner.
    2. That the statement of proposal be amended to reflect the wording in the resolutions from the Planning and Regulatory Committee's December 2006 meeting.
    3. That the Waimarie Street shops carpark be included in the proposed alcohol ban area for consultation.
    4. That it be a recommendation to Council:
    1. That the Council adopts the Statement of Proposal as set out in the agenda report for the purposes of the special consultative procedure with respect to new areas for permanent alcohol bans.
    2. That the Council approves the Committee's recommended hearings panel to hear submissions and to make recommendations to Council following the hearing process.

    Councillor Sefuiva moved the following amendment:

    1. That the item relating to interim alcohol bans - special consultative procedure be deferred until the Committee's July 2007 meeting.
    2. That in the interim, officers seek a response from the NZ Police and Council's legal advisers on other options to address disorderly behaviour under other Acts, similar to the authority delegated to the NZ Police, to act on Council's behalf on public land.
    3. That the Committee notes the advantage under the Summary Offences Act of the Police having the authority to move people on when disorderly behaviour occurs, without the necessity for arrest.

    CARRIED

    Councillor Fryer moved the following additional amendment:

    1. That the learnings and Committee resolutions made to Council from the last alcohol bans in suburban shopping centres be included in any report to the Committee.

    CARRIED

  7. Top AUCKLAND CITY ENVIRONMENTS QUARTERLY OPERATIONAL REPORT - JANUARY TO MARCH 2007

    1. That the report of the Group Manager, Auckland City Environments dated 19 April 2007 be received.
    2. That the General Manager: City Development report to the Urban Strategy and Governance Committee on a recommended approach to the Government to seek better enforcement mechanisms, including realistic penalties and processes which will encourage compliance.
    3. That the Manager City Planning report to the Planning and Regulatory Committee on the process for developing bylaws, including the relationship between alcohol bans and bylaws.

    CARRIED

    That item C1 be taken at this point

    CARRIED

  8. Top CITY PLANNING GROUP QUARTERLY REPORT

    That the report of the Manager City Planning dated 11 April 2007 be received.

    CARRIED

  9. Top APPOINTMENT OF PLANNING COMMISSIONERS - PLAN CHANGE 211

    That Councillor Fryer [chair], Councillor Casey and Eastern Bays Community board chair, Colin Davis, be appointed to hear submissions and make a recommendation to Council on Plan Change 211 which seeks to schedule, as a protected item, a Pohutukawa tree at 17 Peacock Street, Glendowie, with Councillor Raffills and Community Board chair, Kate Sutton, as alternates.

    CARRIED

  10. 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 follows.

    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, as follows:

    Item no.

    General subject of each matter to be considered

    Reason for passing this resolution in relation to each matter

    Particular interest(s) protected (where applicable)

    Ground(s) under section 48(1) for the passing of this resolution

    C1

    Notice of Requirement - Open Space Acquisition

    The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason to withhold exists under section 7.

    Section 7(2)(a)

    The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

    In particular, the report contains private information relating to a natural person whose property may be acquired by the council.

     

    Section 7(2)(b)(ii)

    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.

    In particular, the report contains specific information relating to the site and confidential information supplied to council by an independent third party as part of its due diligence that is likely to unreasonably prejudice the commercial position of the person who is the subject of the information. The report also contains references to the value of the land and budget figures, together with information about council's intentions for the site, and identifies other sites and the owners of those sites potentially suitable for sports fields.

    Section 7(2)(h)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

    In particular, the report contains information about council's intentions for the site, references to the value of the land and budget figures, and identifies other sites and the owners of those sites potentially suitable for sports fields.

    Section 7(2)(i)

    To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and commercial and industrial negotiations).

    S48(1)(a)

    The exclusion of the public from the part of the meeting is necessary to enable the local authority to deliberate in private on its decision or recommendation.

    In particular, the report contains information about council's intentions for the site and references to the value of the land and budget figures and identifies other sites and the owners of those sites potentially suitable for sports fields.

    CARRIED

  11. Top PLAN CHANGE 167 - MITCHELSON STREET [ELLERSLIE RACECOURSE]

    That it be a recommendation to Council:

    1. That plan change 167 - Mitchelson Street [Ellerslie Racecourse] be incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Manager: Islands be authorised to publicly notify the date on which plan change 167 - Mitchelson Street [Ellerslie Racecourse] becomes operative.

    CARRIED

  12. Top PLAN CHANGE 163 - RESIDENTIAL 1 AND 2 ZONES, OTHER ACTIONS

    1. That the report of the Senior Planner Inner Isthmus dated  6 April 2007 be received.

    Cr Storer moved the following amendment by way of addition:

    1. That the matters raised by the panel hearing Plan Change 163 regarding issues for the Isthmus District Plan review be referred to the working party on the Isthmus District Plan.

    The amendment was put to the vote and declared LOST.

    The Chairman put the substantive motion:

    That the report of the Senior Planner Inner Isthmus dated 6 April 2007 be received.

    CARRIED

    There being no further business, the chairman declared the meeting closed at 12.10 pm.