Agenda of Hearings Committee - 10 December 2013

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

Date:

Time:

Meeting Room:

Venue:

Tuesday, 10 December 2013

10:00am

Committee Meeting Room
Civic 15
1 Greys Avenue
Auckland

Hearings Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Penny Webster
Members	Cr Anae Arthur Anae
	Cr Chris Darby
	Cr Calum Penrose
	Member David Taipari
	Cr Wayne Walker
	Member Glenn Wilcox
Ex-officio Members	Mayor Len Brown, JP
	Cr Penny Hulse

(Quorum 3 members)

Mary Binney

Democracy Advisor

3 December 2013

Contact Telephone: (09) 373 6211

Email: mary.binney@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

The Hearings Committee will have responsibility for:

· Decision making (including through a hearings process) under the Resource Management Act 1991 and related legislation;

· Hearing and determining objections under the Dog Control Act 1996;

· Decision making under the Sale and Supply of Alcohol Act 2012

· Hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002. This delegation cannot be sub-delegated;

· Hearing and determining matters arising under bylaws, including applications for dispensation from compliance with the requirements of bylaws;

· Receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Hearings Committee;

· Receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing;

· Monitoring the performance of decision makers including responding to complaints made about decision makers;

· Where decisions are appealed or where the Hearings Committee decides that the Council itself should appeal a decision, directing the conduct of any such appeals; and

· Adopting a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision making” is used to encompass a range of decision making processes including through a hearing. “Decision making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision making.

In adopting a policy or policies and making any sub-delegations, the Hearings Committee must ensure that it retains oversight of decision making under the Resource Management Act 1991 and that it provides for Councillors to be involved in decision making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the Chief Executive’s Delegations Register) to hearings commissioners and staff relating to decision making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Hearings Committee.

Relevant legislation includes but is not limited to:

Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;

Fencing of Swimming Pools Act 1987;

Gambling Act 2003;

Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.

Hearings Committee

10 December 2013

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Local Board Input 7

5 Extraordinary Business 7

6 Notices of Motion 8

7 Appointment of Hearings Commissioners for Proposed Private Plan Change 179 to the Auckland Council District Plan (Rodney Section) 9

8 Decision Made Under Urgency 13

9 Consideration of Extraordinary Items

PUBLIC EXCLUDED

10 Procedural Motion to Exclude the Public 51

C1 Appeal to Private Plan Change 36 to the Auckland Council District Plan (Franklin Section): Bombay Motorway and Rural Services Special Zone 51

C2 Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 1 51

C3 Appeals to Plan Change 20: Flat Bush Stage 2 to the Auckland Council District Plan (Manukau Section) - Update and Direction Part 2 51

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.

At the close of the agenda no requests for declarations of interest had been received.

3 Confirmation of Minutes

That the Hearings Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 26 November 2013, including the confidential section, as a true and correct record.

4 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.

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

5 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.”

6 Notices of Motion

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

Hearings Committee

10 December 2013

Appointment of Hearings Commissioners for Proposed Private Plan Change 179 to the Auckland Council District Plan (Rodney Section)

File No.: CP2013/26808

Purpose

1. The report requests the appointment of a Hearings Panel to hear submissions and make a determination on a Private Plan Change 174, 48-61 Dawson Road, Snells Beach.

Executive Summary

2. Private Plan Change 179 seeks to rezone the land comprising some 7.8 hectares on the southern edge of Snells Beach from a low density residential to medium density residential zoning. A map showing the location of the land is appended (Attachment A) to this report.

3. Following the submission and further submission process there were 12 submitters and no further submitters. The main issues raised in the submissions relate to the following areas of concern:

· Wastewater connection issues both on and offsite.

· Storm water disposal issues relating to the local catchment and effects on the adjacent harbour.

· Traffic engineering concerns related to the site concept plan design and local roading network.

· Infrastructure effects and local amenity effects.

4. It is recommended that a Hearing Panel be appointed to hear submissions and make determination on Private Plan Change 179, 46-61 Dawson Road, Snells Beach

Recommendation/s

That the Hearings Committee:

a) appoint a Hearing Panel of three Commissioners to hear and make decisions on submissions and make a determination on Private Plan Change 179 to the Auckland District Plan (Rodney Section) 2011.

b) delegate to the Chair of the Hearings Committee the authority to make replacement appointments in the event that any of the appointed Commissioners are unavailable.

Discussion

5. Private Plan Change 179 seeks to rezone 7.8 hectares of land at Dawson Road; Snells Beach presently zoned low intensity residential in the Auckland District Plan (Rodney Section) 2011 to medium intensity residential zoning. The Private Plan Change includes a concept plan outlining the general form and planning elements guiding future subdivision. This indicates that the rezoning seeks to increase the density of the land from 18 residential sites to a total of 75 residential sites.

6. While the land has been granted a subdivision for an 18 Lot development this level of development needs to provide its own onsite services for water and wastewater. The medium density residential zoning sought will greatly increase the intensity of use of the land and will require reticulated wastewater and water services to be provided along with the need for increased storm water and traffic to be managed.

7. It is recommended that the Commissioners appointed to the Hearings Panel have expertise in planning and infrastructure.

8. It is likely that the hearing will take up to two days to complete.

9. There is no requirement in the Resource Management Act for consultation regarding the appointment of a Hearings Panel.

Consideration

Local Board Views

10. There is no opportunity for Local Board input on appointing a Hearings Panel. However, it is noted that the views of the Rodney Local Board were obtained at a workshop on 25 February 2013. The Board advised that it was happy for the Private Plan Change application to proceed through to public notification.

Maori Impact Statement

11. Ngati Manuhiri were consulted during the preparation of the Private Plan Change

12. A submission was lodged on behalf of Ngati Manuhiri highlighting concerns relating to wastewater overflow effects and stormwater siltation effects on the adjacent Mahurangi Harbour.

General

13. Hearing costs will be recouped from the Private Plan Change applicant, Manikum Enterprises Ltd.

14. The appointment of a Hearings Panel with full authority to make decisions will meet the requirement of Clause 8B of the first schedule of the Resource Management Act 1991

Implementation Issues

15. Following the decision to appoint hearing commissioners, a hearing date will be set by the Councils Hearing Unit within Democracy Services. The hearing is likely to be in February 2014.

Attachments

No.	Title	Page
a	Private Plan Change 179 Location map - Dawson Road	11

Signatories

Authors	David Hookway - Principal Planner
Authorisers	Penny Pirrit - Regional & Local Planning Manager

Hearings Committee

10 December 2013

Decision Made Under Urgency

File No.: CP2013/27293

Purpose

1. To inform the Hearings Committee of a decision made under urgency.

Executive Summary

2. Under Section 2 and 5.1.1 of the Hearings Committee policy and the Terms of Reference, the following decision regarding an application for a resource consent under the Resource Management Act 1991 has been made under urgency as at 18 November 2013 and is being reported to the Committee:

Application Number	Applicant	Address
R/LUC/2013/4690	Pt Chevalier Co-operating Parish	92 Pt Chevalier Road, Pt Chevalier

Recommendation/s

That the Hearings Committee:

a) note the decision made under urgency, as outlined in Attachment A to this report.

Attachments

No.	Title	Page
a	Decision for an application for Resource Consent	15
b	Application Material	21
c	Site Plan	49

Signatories

Authors

Mary Binney - Democracy Advisor

Authorisers

Marguerite Delbet - Manager Democracy Services

Penny Pirrit - Regional & Local Planning Manager

Hearings Committee

10 December 2013

Hearings Committee

10 December 2013

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Hearings Committee:

a) agree to exclude the public 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:

C1 Appeal to Private Plan Change 36 to the Auckland Council District Plan (Franklin Section): Bombay Motorway and Rural Services Special Zone

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