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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, 13 SEPTEMBER 2007 AT 9.30 AM

PRESENT:

Councillors:

Glenda

Fryer

[Chair]

 

 

Neil

Abel

[

 

 

Doug

Armstrong, QSO

[dep 9.51 during item 4.1; arr 9.55 item 5; dep 12.16 item C2; arr 12.34 item C2]

 

 

Dr Cathy

Casey

[dep 9.49 item 5; arr 9.59 item 6; dep 10.35 item 9, arr 10.40 item 9]

 

 

Christine

Caughey

[arr 11.10 item 17]

 

 

Bill

Christian, JP

Dep 10.40 item 9; arr 10.55 item 13]

 

 

Toni

Millar, JP

[arr 9.42 item 4.1; dep 10.13 item 8; arr 10.20 item 8; dep 10.48 item 9; arr 11.09 item 16]

 

 

Graeme

Mulholland, JP

[arr 9.38 item 4.1; dep 12.25 during item C2]

 

 

Noelene

Raffills

[dep 12.40 prior to item C3]

 

 

Penny

Sefuiva

[arr 10.20 item 8]

 

 

Faye

Storer

[arr 9.38 item 4.1; dep 12.30 during item C2]

 

His Worship the Mayor

Dick

Hubbard, ONZM

[arr 11.20 am item 17; dep 12.49 item C3]

 

 

 

 

 

ALSO PRESENT:

Councillor:

Richard

Northey, ONZM

[dep 10.45 item 9; arr 11.02 item 16; dep 11.35 item 17; arr 11.41 item 17; dep 12.30 item C2]

  1. Top APOLOGIES

    That the apologies of Councillors Caughey and Millar for lateness be accepted.

    CARRIED

  2. Top CONFIRMATION OF MINUTES

    That the minutes of the meeting of the Planning and Regulatory committee held on Thursday, 9 August 2007, be confirmed as a true and correct record.

    CARRIED

  3. Top EXTRAORDINARY BUSINESS

    3.1 Private Plan Change 7 - Mt Wellington Quarry

    That Private Plan Change 7 - Mt Wellington Quarry be considered as extraordinary business at agenda item 19, for the reason that this is the last meeting of the Planning and Regulatory committee for this term of Council and as the appeal period for the plan change did not end until 12 September 2007, it was unable to be notified previously.

    CARRIED

  4. Top PUBLIC FORUM

    4.1 NON-COMPLIANCE WITH RESOURCE CONSENT CONDITIONS - MS SYLVIA SPENCER-INIGHT

    Sylvia Spencer-Inight spoke to her tabled submission.

    The owner of 74B Waiatarua Road was also in attendance. He advised that council would need to seek a Court order if it wished to re-enter his property in the future.

    That Sylvia Spencer-Inight be thanked for her presentation regarding alleged non-compliance with resource consent conditions at a property adjacent to her own.

    CARRIED

    [ATTACHMENT 4.1]

  5. Top REPORTS PENDING REQUESTED

    A report on 74B Waiatarua Road, Remuera, in response to an item on the Reports Requested/Pending list, was tabled.

    1. That the Reports Requested/Pending list as at September 2007 be received.
    2. That the report of the Acting Customer Services Manager, Auckland City Environments, dated 12 September 2007 be received.

    CARRIED

    [ATTACHMENT 5]

  6. Top AUCKLAND DISTRICT LICENSING AGENCY ANNUAL REPORT

    1. That the Auckland District Licensing Agency annual report 1 July 2006 to 30 June 2007 be adopted by the committee in its capacity as the Auckland District Licensing Agency.
    2. That the Auckland City Council advocates to the Minister of Justice, changes to the Sale of Liquor Act as set out in the annual report of the Auckland District Licensing Agency and in particular, the ability to control the number of liquor outlets in a particular location.

    CARRIED

    That item 8 be taken at this point.

    CARRIED

  7. Top BUILDING AMENDMENT BILL AND BUILDING CODE REVIEW

    1. That the committee approves retrospectively the submission that was prepared on the Building Amendment Bill.
    2. That the committee notes that submissions on the second stage of the Building Code Review are due on 28 September 2007.

    CARRIED

  8. Top BUILDING LIABILITY ISSUES

    That Louise Cosgriff be thanked for her attendance and the information provided.

    CARRIED

  9. Top PROGRAMME TO COMPLETE THE BYLAW REVIEW

    1. That the committee endorses the proposed approach to the completion of the review of Council bylaws by grouping [batching and in some cases merging] remaining bylaws according to the following categories of purpose:
      1. Public health/public nuisance related
      2. Environment related
      3. Public domain [use of/behaviour] related
      4. Administration-related
    2. That the committee notes that further information is required to determine whether some of the existing bylaws need to be reviewed, or can be discontinued and their purpose better served by other means.
    3. That officers report to the relevant committee following the recess for the local body elections, providing information on progress made since this agenda report, to establish a working party (or other processes agreed by council) to oversee the overall programme to complete the bylaw review, and any other approvals required to maintain progress.
    4. That the Waiheke Wastewater bylaw be moved into the grouping of Environment Related bylaws.
    5. That work commence now on the Public Health/Public Nuisance related bylaw (including animal control).
    6. That the committee notes that work is currently underway on the Public Places bylaw.

    CARRIED

  10. Top LANDOWNER CONSENT FOR AIRSPACE LICENCES OVER ROAD AT BRITOMART

    1. That the committee approves landowner consent for the three pedestrian airbridges over Galway Street linking the Westpac Charter House and East buildings.
    2. That the committee approves landowner consent for the pedestrian airbridge over Tyler Street linking the East building with the proposed five-star hotel to be constructed on the Seafarers House site.
    3. That subject to Bluewater obtaining resource and building consents for the airbridges over Galway and Tyler Streets, council issue an airspace licence for the airbridges on terms and conditions to be approved under the appropriate financial delegation.

    CARRIED

  11. Top PLAN CHANGE 186 - 26-28 CLAUDE ROAD, EPSOM - APPROVAL TO INCORPORATE INTO THE DISTRICT PLAN (ISTHMUS)

    That the committee recommends to council

    1. That plan change 186 - 26-28 Claude Road, Epsom, be incorporated into the Auckland City District Plan: Isthmus Section 1999.
    2. That the Manager: Inner Island be authorised to publicly notify the date on which plan change 186 -2 6-28 Claude Road, Epsom will become operative.

    CARRIED

  12. Top APPOINTMENT OF INDEPENDENT HEARING COMMISSIONERS - PRIVATE PLAN CHANGE 210 - 42 HERD ROAD, HILLSBOROUGH

    1. That the following three independent commissioners be appointed to hear submissions, consider and make recommendations on Private Plan Change 210: Selwyn Heights Retirement Village, 42 Herd Road, Hillsborough:

      Les Simmons (Chair), Garth Falconer and John Hill, with alternates Gordon McFarlane (alternate Chair) and Kathleen Ryan.

    2. That the committee chair be authorised to appoint other commissioners should those appointed in resolution A be unavailable to hear submissions on Private Plan Change 210.

    CARRIED

  13. Top SUBMISSION ON HOUSING AFFORDAB ILITY IN NEW ZEALAND - LOCAL GOVERNMENT NEW ZEALAND

    That the correspondence and submission from Local Government New Zealand and the resolutions from the 1 August 2007 meeting of the Economic Development and Sustainable Business committee regarding Housing Affordability in New Zealand, be received.

    CARRIED

  14. Top MANAGING SPEED IN RESIDENTIAL STREETS

    That street hierarchies and definitions be considered in the Isthmus District Plan review.

    CARRIED

  15. Top RESOURCE CONSENTS IN PUBLIC OPEN SPACE

    That the resolutions from the 1 August 2007 meeting of the Arts, Culture and Recreation committee be received and be considered in the Isthmus District Plan Review.

    CARRIED

  16. Top FIREWORKS BAN RECOMMENDATION

    That the committee approves that fireworks bans be imposed within the following areas from 3-6 November 2007:

    •  Watene Reserve
    •  Orakei Domain
    •  M J Savage Memorial Reserve
    •  Selwyn Domain [Mission Bay]
    •  Kohimaramara Beach and foreshore
    •  Vellenoweth Green, St Heliers Reserve
    •  St Heliers Bay beach and foreshore
    •  Ladies Bay beach and reserve
    •  Achilles Point Reserve and adjacent parking area
    •  Glover Park
    •  Madills Farm
    •  Tahuna Torea Nature Reserve
    •  Whenua Rangatira
    •  Okahu Bay beach and foreshore

    A division was called for, voting on which was as follows:

    For the Motion:

    Against the Motion:

    Cr Doug Armstrong

    Cr Dr Cathy Casey

    Cr Toni Millar

    Cr Graeme Mulholland

    Cr Noelene Raffills

    Cr Penny Sefuiva

    Cr Faye Storer

    Cr Glenda Fryer

    Cr Neil Abel

    Cr Bill Christian

    Cr Christine Caughey, His Worship the Mayor and Deputy Mayor Dr Bruce Hucker were absent.

    The motion was declared CARRIED by 8 votes to 2.

  17. Top PROPOSED PLAN MODIFICATION 217: WITHDRAWAL OF BUILDING

    1. That the committee approves the withdrawal of the proposed scheduling of Building 5 at Greenlane Hospital from plan modification 217 because it does not meet the required fifty points under the council's heritage scoring system.
    2. That all submitters to proposed plan modification 217 be informed that Building 5, Greenlane Hospital, has been withdrawn from the plan change as soon as practicable.

    A division was called for, voting on which was as follows:

    For the Motion:

    Against the Motion:

    Cr Christine Caughey

    Cr Noelene Raffills

    His Worship the Mayor

    Cr Glenda Fryer

    Cr Neil Abel

    Cr Doug Armstrong

    Cr Dr Cathy Casey

    Cr Bill Christian

    Cr Toni Millar

    Cr Graeme Mulholland

    Cr Penny Sefuiva

    Cr Faye Storer

    Deputy Mayor Dr Bruce Hucker was absent.

    The motion was declared LOST by 8 votes to 4.

    That the committee supports the adaptive re-use of Building 5 at Greenlane Hospital and requests that the General Manager City Development and the Chief Heritage Advisor meet with representatives of the Auckland District Health Board to explore options for the adaptive re-use of the building and site, and report back to the relevant committee.

    CARRIED

  18. 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:

    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.

    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

    Balmoral Character Overlay

    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)(j)

    The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

    In particular, the plan change contains commercially sensitive information and therefore to maintain fairness, the information should not be released to all parties until the plan change is publicly notified.

    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.

    C2

    Housing New Zealand's appeal to Plan Change 61 - Glen Innes residential 6a and 8 zoning

    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)(j)

    The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

    In particular, In particular, an appeal by Housing New Zealand Corporation has been lodged with the Environment Court against the Council's decision on Plan Change 61 to reduce the extent of land to be rezoned Residential 6a and 8 and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings

    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.

    C3

    Appeals to Plan Change 163

    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)(i)

    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, appeals have been lodged with the Environment Court against the Council's decision on plan change 163 in relation to Residential 1 and 2 demolition and new building controls, and the disclosure of information at this stage could be used by other parties to gain improper advantage prior to court proceedings.

    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.

    CARRIED

    C1. BALMORAL CHARACTER OVERLAY

    This item was considered in the confidential section of this meeting where it was resolved as follows:

    1. That the Manager: Inner Isthmus be authorised to carry out consultation with the Balmoral community with a view to notifying a variation in the future on the proposed plan modification.
    2. That the Eden/Albert community board be informed of the Committee's decision regarding the Balmoral character overlay.
    3. That the Manager: Inner Isthmus be authorised to progress work underway for the Sandringham character overlay and consult with the community in conjunction with consultation for Balmoral.
    4. That the report of the Planner dated 30 August 2007, and resolutions A-C, be moved into the open record of this meeting.

    CARRIED

    [Secretarial note: The report has been included with the official minute book copy of the meeting]

  19. Top Private Plan Change 7 - Mt Wellington Quarry

    That the committee recommends to council:

    1. That the council approve proposed Private Plan Change 7 and incorporate the plan change into the Auckland City District Plan: Isthmus section, excluding the small strip of land at the base of Maungarei/Mt Wellington identified as "to be '" on the structure plan.
    2. That the Manager - Outer Isthmus be authorised to publicly notify the date on which Private Plan Change 7 - Mt Wellington Quarry, excluding the land "to be '", will become operative.
    3. That the Manager - Outer Isthmus be authorised to make any minor amendments required to the formatting of the text and maps of Private Plan Change 7 to enable incorporation of the plan change into the Auckland City District Plan: Isthmus Section.

    CARRIED

    Councillor Millar asked that her vote against the motion be recorded.

    There being no further business, the chairman declared the meeting closed at 1.13 pm.

    In accordance with Clause 2.12.2 of Standing Orders we hereby confirm the correctness of the Minutes of the last meeting of the Planning and Regulatory Committee held on 13 September 2007, prior to the next election of members.
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