I hereby give notice that an ordinary meeting of the Auckland Development Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 15 May 2014

10.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Auckland Development Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Penny Hulse

 

Deputy Chairperson

Chris Darby

 

Members

Cr Anae Arthur Anae

Cr Calum Penrose

 

Cr Cameron Brewer

Cr Dick Quax

 

Mayor Len Brown, JP

Member Josie Smith

 

Cr Dr Cathy Casey

Cr Sharon Stewart, QSM

 

Cr Bill Cashmore

Cr Sir John Walker, KNZM, CBE

 

Cr Ross Clow

Cr Wayne Walker

 

Cr Linda Cooper, JP

Cr John Watson

 

Cr Alf Filipaina

Cr Penny Webster

 

Cr Hon Chris Fletcher, QSO

Cr George Wood, CNZM

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Member Liane Ngamane

 

 

(Quorum 11 members)

 

 

 

Tam White

Democracy Advisor

 

8 May 2014

 

Contact Telephone: 09 307 7253

Email: tam.white@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

 

Responsibilities

 

This committee will lead the implementation of the Auckland Plan, including the integration of economic, social, environmental and cultural objectives for Auckland for the next 30 years.  It will guide the physical development and growth of Auckland through a focus on land use planning, housing and the appropriate provision of infrastructure and strategic projects associated with these activities.  Key responsibilities include:

 

·         Unitary Plan

·         Plan changes to operative plans

·         Designation of Special Housing Areas

·         Housing policy and projects including Papakainga housing

·         Spatial Plans including Area Plans

·         City centre development (incl reporting of CBD advisory board) and city transformation projects

·         Tamaki regeneration projects

·         Built Heritage

·         Urban design

 

Powers

 

(i)      All powers necessary to perform the committee’s responsibilities.

Except:

(a)     powers that the Governing Body cannot delegate or has retained to itself (see Governing Body responsibilities)

(b)     where the committee’s responsibility is explicitly limited to making a recommendation only

(ii)      Approval of a submission to an external body

(iii)     Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv)    Power to establish subcommittees.

 

 

 


Auckland Development Committee

15 May 2014

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        5

2          Declaration of Interest                                                                                                   5

3          Confirmation of Minutes                                                                                               5

4          Petitions                                                                                                                          5  

5          Public Input                                                                                                                    5

6          Local Board Input                                                                                                          5

6.1     Waitemata Local Board : Downtown Shopping Centre Block redevelopment   6

7          Extraordinary Business                                                                                                6

8          Notices of Motion                                                                                                          6

9          Downtown Shopping Centre Block Redevelopment – Future of Queen Elizabeth Square

The report was not available at the time the agenda went to print, and will be circulated as an addendum agenda.

 

10        Plan Change No.4 (Wynard Quarter) - to make operative                                        9  

11        Consideration of Extraordinary Items 

 

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

3          Confirmation of Minutes

 

That the Auckland Development Committee:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 2 April 2014, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

5          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

 

6          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

 

 


 

6.1       Waitemata Local Board : Downtown Shopping Centre Block redevelopment

Purpose

1.       To address the Auckland Development Committee regarding the Downtown Shopping Centre Block redevelopment.

Executive summary

2.       Mr Shale Chambers, Chairperson, Waitemata Local Board will be present to speak regarding the report.

Recommendation/s

That the Auckland Development Committee:

a)      thank Mr Shale Chambers, Chairperson, Waitemata Local Board for his presentation.

 

 

7          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 


 

8          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 

 

9          Downtown Shopping Centre Block Redevelopment – Future of Queen Elizabeth Square

The report was not available at the time the agenda went to print, and will be circulated as an addendum agenda.

 

 

 

 


Auckland Development Committee

15 May 2014

 

Plan Change No.4 (Wynard Quarter) - to make operative

 

File No.: CP2014/08506

 

  

Purpose

 

1.       To make Plan Modification 4 (Wynyard Quarter) to the Auckland Council District Plan (Central Area Section 2004) operative after the outstanding appeal on character buildings was resolved through Environment Court decision.

Executive summary

2.       Plan Modification 4 (“the plan change”) was a significant change to the Auckland Council District Plan (Central Area Section 2004) (“the district plan”).  The plan change enables the transformation of Wynyard Quarter, a key part of the city centre waterfront. The majority of appeals to the plan change were resolved by way of consent order agreements approved by Environment Court in September 2010. The Wynyard Quarter plan change became ‘operative in part’ on 1 October 2010.  The only matter that was unresolved was whether a number of buildings within the quarter should be identified as character buildings and consequently protected under the plan change.  The Art Deco Society (ADS) through its appeal sought that an additional five buildings be included to Quarter Plan G (Character Buildings). 

3.       After an Environment Court hearing, the Court resolved that the appeal by the Art Deco Society be refused.  The Council is now able to make the plan change operative. A copy of the Environment Court decision, dated 21 June 2012, forms Attachment A to this report.

4.       An issue regarding ‘transferable development’ provisions was left open by the Court, with the Council to consider whether the provisions needed to be fixed.  It is appropriate to deal with these provisions through the Unitary Plan process rather than sections 293 or 294 of the Resource Management Act 1991.

 

Recommendation

That the Auckland Development Committee:

a)      authorise the Manager: Planning - Central / Islands, to complete the necessary statutory processes required to make Plan Modification 4 to the Auckland Council District Plan (Central Area Section 2004) operative, in accordance with the Environment Court decision dated 21 June 2012.

 

Comments

 

5.       The plan change introduced controls for character buildings that are identified on Quarter Plan G.  The demolition or removal of any building, or part of a building, on a site identified on Quarter Plan G is a restricted discretionary activity.  Any application will be assessed against a number of criteria including the contribution the building makes to the character or streetscape quality of Wynyard Quarter.  The plan change also provides for the transfer of character building floor space to another site within the same quarter in recognition of the loss of development potential that arises as a consequence of being identified as a character building.

6.       The Art Deco Society, an interested party to the appeal from the former Auckland Regional Council (ARC), adopted the former ARC appeal and sought that an additional five buildings be included to Quarter Plan G.  The buildings sought to be identified as character buildings were numbered 13, 14, 15, 16 and 17 as detailed below:

·    Building 13         Southern Spars Building, 139 Pakenham Street West

·    Building 14         North Sails Building, 117 Pakenham Street West

·    Building 15         Gloss Boats, also known as the former Baileys Shipyard and Devonport Ferry Company and as the Seagars Buildings (136 Beaumont Street)

·    Building 16        HQ Building, also known as the former Chas Bailey Shipyard, 132 Beaumont Street

·    Building 17        Smart Marine, 129-135 Beaumont Street.

7.       The Environment Court resolved that the appeal by the Art Deco Society be refused. 

Transferable Development Rights

8.       Through the Wynyard Quarter provisions, the district plan provides for the transfer of development potential (see clause 14.9.112(b)) from sites with character buildings on them, as identified on Quarter Plan G, to other sites located within the same Quarter Area.  These provisions are operative as of 1 October 2010.

9.       Through the Environment Court hearing, a number of problems with the provisions relating to the transfer of development potential were acknowledged by the parties and the Court.  The Court noted in its decision that “…the issue could be left for a future plan change or review, but equally there is the possibility that it could be cured by the Court using its powers under s 293 [Environment Court may order change to [[proposed]] policy statements or plans] or s 294 [Review of decision by [Environment Court]] of the Act, should it be asked to do so and be provided with information designed to persuade it to do so.”  In short, s293 / 294 enable the Court to make changes to a plan change or district plan without the need for a new statutory process.

10.     Given that at the time the Court decision was released Council was preparing the Proposed Auckland Unitary Plan (PAUP) for public submissions, it was considered appropriate to address the agreed errors through that process instead of utilising s 293 or s 294 of the Resource Management Act 1991.  The PAUP is now progressing through the statutory process, and the energy should be directed to that document rather than amending the operative document through the s293 process.

11.     The key issue that we have sought to address through the PAUP is the allowance for Floor Area Ratio (FAR) to be exceeded to a maximum of 1:1 on the recipient site.  Under the operative plan, there is no provision to exceed FAR on the recipient site and therefore no incentive to transfer floor space as no additional FAR can be obtained.

12.     The PAUP proposes the following changes to the transferable development rights mechanism applicable within Wynyard Quarter at rule 5.2.3.  The changes the PAUP makes to the equivalent provisions of the operative district plan on this matter include:

·  The ability for the maximum floor area ratio (FAR) to be exceeded by up to a maximum ratio of 1:1 where it is the recipient of character building floor space.

·  Enabling the transfer of character building floor space only where there is an approved Framework Plan in place.

·    Providing a definition of the ‘character floor plate area’.

·  Provides for the character building FAR to be excluded from the FAR calculations where an approved conservation plan is in place.

13.     It is acknowledged that the PAUP is subject to change and still has a long way to go before provisions become operative.  However, the PAUP is the process that will most efficiently resolve those errors relating to the Wynyard Quarter transferable development rights provisions. As such, the Council is now able to make the plan change operative.

Consideration

Local board views and implications

14.     The plan change is now at the very final stage of being integrated into the district plan. This administrative step does not require any further input from the Waitemata Local Board.  It is noted that the Waitemata Local Board has been involved in the preparation of the PAUP where the corrections to the plan change are being addressed.

Maori impact statement

15.     Iwi have had appropriate involvement through the planning process, and this last step is to integrate an Environment Court decision on the final outstanding matter into the district plan and make the plan change operative.  This administrative step does not require any further input from Iwi.

Implementation

16.     There will be some minor administrative costs involved in making the proposed plan change “operative” and updating the district plan. These tasks are part of the core business of the Regional and Local Planning Department, and are accommodated within existing budgets. 

 

Attachments

No.

Title

Page

aView

Attachment A - Environment Court Decision

13

      

Signatories

Authors

Ross Cooper - Planner, CBD and Islands, Operative Plans

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Roger Blakeley - Chief Planning Officer

 


Auckland Development Committee

15 May 2014