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Hearings
Committee
12 March 2014
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1 Apologies
2 Declaration of Interest
There were no declarations of interest.
Deputy Chairperson Penny Webster entered the meeting at 10:02am.
3 Confirmation of Minutes
4 Local Board Input
There was no local board input.
5 Extraordinary Business
There was no extraordinary business.
6 Notices of Motion
There were no notices of motion.
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7
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Environment Court Decision on Proposed Plan Change 131 to the
Auckland Council District Plan (Rodney Section) and associated changes to the
regional documents - Rezoning of Land for Industrial Purposes at Silverdale
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Cr Calum Penrose entered the meeting
at 10:03am.
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Resolution number HEA/2014/41
MOVED by Cr LA Cooper, seconded by Deputy Chairperson MP Webster:
That the Hearings Committee:
a) note
the decision of the Environment Court to uphold the appeal and cancel
Proposed Plan Change 131, Change 16 to the Auckland Council Regional Policy
Statement and Variation 6 to the Auckland Council
Regional Plan: Air, Land and Water.
CARRIED
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8
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Application for Resource Consent: 59 View Road, Mt Eden, Auckland
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Cr Chris Darby entered the meeting at
10:05am.
Cr Wayne Walker entered the meeting at
10:06am.
Cr Cathy Casey entered the meeting at
10:06am.
Cr Bill Cashmore entered the meeting
at 10:08am.
Member David Taipari entered the meeting at 10:18am.
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Resolution number HEA/2014/42
MOVED by Deputy Chairperson MP Webster, seconded by Cr CM Penrose:
That the Hearings Committee:
a) determine
that the application to demolish a pre-1940 dwelling and
subdivide the site at 59 View Road, Mt Eden into four vacant lots, proceed on a non-notified basis pursuant to sections
95A and 95B of the Resource Management Act 1991, for the reasons that:
i) both demolition of an
existing dwelling and the subdivision element are restricted discretionary
activities and Rule 4.3.2.6 of the Operative Auckland Council District Plan
(Auckland City Isthmus Section 1999), requires restricted discretionary
activities to be considered without notification and without having to obtain
the written approval of affected persons or limit notify to them; and
ii) there are no “special
circumstances” relating to the demolition of this pre-1940 building. The
heritage quality and character displayed by the building is poor and the
building is not a rare, unique or significant example of a particular
architectural or heritage style. There is no significant known interest in
the building from heritage groups, nor is the building associated with an
event of significance known to the community. The building does not have a
high visual profile or landmark value where its loss would impact on local
character.
CARRIED
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Secretarial note: Pursuant
to Standing Order 3.15.5 Members David Taipari and Glenn Wilcox requested that their
dissenting votes be recorded.
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Resolution number HEA/2014/43
MOVED
by Deputy Chairperson MP Webster, seconded by Cr CM Penrose:
That the Hearings
Committee:
b) appoint
the rostered independent duty commissioner, and appoint either Cherie Lane, John Hill or Richard Knott as a
heritage commissioner to sit with the duty commissioner, to make a decision
on the resource consent application pursuant to section 104 of the Resource
Management Act 1991.
CARRIED
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14
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Appointment of Commissioners: Objection to Costs for PPC36
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Secretarial note: Item 14
replaced agenda item 9.
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Resolution number HEA/2014/44
MOVED by Cr LA Cooper, seconded by Cr C Darby:
That the Hearings Committee:
a) appoint
independent commissioners Les Simmons (Chair) and David Hill (alternates
Janine Bell and Kit Littlejohn) to hear the cost objection and to make a
decision on the fees to be paid by Atlas Concrete Limited for the processing
of Private Plan Change 36 to the Auckland Council District Plan (Franklin
Section) - Bombay Motorway and Rural Services Special
Zone.
b) delegate
authority to the Chair of the Hearings Committee to make replacement
appointments in the event that any of the independent commissioners were
unavailable.
CARRIED
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Secretarial note: Item
11 was deferred until 11:00am as this was the scheduled time for the S460 stormwater
connection determination.
12 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
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13 Procedural
motion to exclude the public
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Resolution
number HEA/2014/46
MOVED by Cr CM Penrose, seconded by Cr AJ Anae:
That the
Hearings Committee:
a) 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 Appeals
to Plan Change 28 (PC28): Kingseat to the Auckland Council District Plan
(Franklin Section) - Update and Direction
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Reason for passing this resolution in
relation to each matter
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Particular interest(s) protected (where
applicable)
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Ground(s) under section 48(1) for the
passing of this resolution
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The public conduct of the part of the
meeting would be likely to result in the disclosure of information for
which good reason for withholding exists under section 7.
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s7(2)(i) - The withholding of the
information is necessary to enable the local authority to carry on, without
prejudice or disadvantage, negotiations (including commercial and
industrial negotiations).
In particular, to enable council to
undertake without prejudice negotations of appeals that are before the
Environment Court.
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s48(1)(a)
The public conduct of the part of the
meeting would be likely to result in the disclosure of information for
which good reason for withholding exists under section 7.
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The text of these
resolutions is made available to the public who are present at the meeting
and form part of the minutes of the meeting.
CARRIED
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10:35am The public was excluded.
Resolutions in relation to the confidential items are recorded in
the confidential section of these minutes and are not publicly available.
11:00am The public was re-admitted.
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11
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Determination by the Hearings Committee of an Objection to
Proposed Stormwater Connection at 23 Fenton Street, Papatoetoe
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Cr C Casey left the meeting at 11.05am.
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Resolution number HEA/2014/48
MOVED by Cr AJ Anae, seconded by Cr CM Penrose:
That the Hearings Committee:
a) hear and
determine the objection lodged by the owners of 21A Fenton Street, Papatoetoe
pursuant to section 460 and Schedule 12 of the Local Government Act 1974.
b) endorse the
proposed connection and its associated route through the neighbouring land at
21A Fenton Street, Papatoetoe to undertake drainage works generally, pursuant
to section 460 of the Local Government Act 1974 and as set out in proposal
number 40745 (dated 10 August 2012).
CARRIED
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13.2
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Procedural
motion to exclude the public
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Resolution number HEA/2014/49
MOVED by Deputy Chairperson MP Webster, seconded by
Member DE Taipari:
That the
Hearings Committee:
a) 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:
C2 Resource
Consents Appeals: Status Report 11 March 2014
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(i)
- The withholding of the information is necessary to enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
In
particular, to enable the council to undertake negotiations of appeals that
are before the Environment Court.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C3 New
Resource Consent Appeals: Todd Property Ormiston Town Centre Limited v
Auckland Council and Manwa Holdings Limited v Auckland Council
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(i)
- The withholding of the information is necessary to enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
In
particular, to allow the discussion of appeals that are before the
Environment Court.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C4 New
resource consent appeal: B & J Skinner v Auckland Council, 213 Eskdale
Road Birkenhead.
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Reason for passing
this resolution in relation to each matter
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Particular interest(s)
protected (where applicable)
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Ground(s) under
section 48(1) for the passing of this resolution
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The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
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s7(2)(i) - The
withholding of the information is necessary to enable the local authority
to carry on, without prejudice or disadvantage, negotiations (including
commercial and industrial negotiations).
In particular, to
enable the council to undertake without prejudice negotiations of an appeal
that is before the Environment Court.
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s48(1)(a)
The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
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The text of these resolutions
is made available to the public who are present at the meeting and form part
of the minutes of the meeting.
CARRIED
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11:30am The public was excluded.
Resolutions in relation to the confidential items are recorded in
the confidential section of these minutes and are not publicly available.
11:58 The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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Appeals to Plan Change 28 (PC28): Kingseat to the Auckland Council
District Plan (Franklin Section) - Update and Direction
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That the Hearings Committee:
c) agree that this report and the above resolutions not be restated
in the open minutes.
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C2
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Resource Consents Appeals: Status Report 11 March 2014
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That the Hearings Committee:
a) agree to release to the open agenda the list and
description of current appeals as of 28 February 2014, apart from Council’s
status position on the appeals.
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Attachments
a Resource
Consent Appeals Status Report
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C3
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New Resource Consent Appeals: Todd Property Ormiston Town Centre
Limited v Auckland Council and Manwa Holdings Limited v Auckland Council
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That the Hearings Committee:
c) agree that
the report and the above resolutions remain confidential.
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C4
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New resource consent appeal: B & J Skinner v Auckland Council,
213 Eskdale Road Birkenhead
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That the Hearings Committee:
d) agree that this report and the above resolutions not be restated
in the open minutes.
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11.58am The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Hearings Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
