Agenda of Hearings Committee

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

Date:

Time:

Meeting Room:

Venue:

Wednesday, 11 June 2014

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	Mayor Len Brown, JP
	Deputy Mayor Penny Hulse

(Quorum 3 members)

Mary Binney

Democracy Advisor

4 June 2014

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

11 June 2014

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 Panel - Plan Change 130 (Rodney Section) Peter Snell Youth Village 9

8 Appointment of Commissioners - Private Plan Change 271 to Auckland Council District Plan - Auckland City Isthmus Section 1999 and application for resource consents R/LUC/2014/407 and R/REG/2014/484 for the extension of the existing Countdown Supermarket at 114, 116 and 120 Valley Road and 6, 8 and 12 Ewington Ave, Mount Eden 17

9 Application for Resource Consent: Proposed removal of a building that is subject to the Proposed Auckland Unitary Plan Pre-1944 Demolition Control, 92 Point Chevalier Road, Point Chevalier 27

10 Urgent Decision: appointment of alternate commissioners for Auckland Wastewater Network Discharge Consent R/REG/3743 and R/REG/3755 29

11 Consideration of Extraordinary Items

PUBLIC EXCLUDED

12 Procedural Motion to Exclude the Public 39

C1 Appeals to Plan Change 32: Clevedon Village to the Auckland Council District Plan (Manukau Section) - Update and Direction 39

C2 Resource Consents Appeals: Status Report 11 June 2014 39

1 Apologies

At the close of the agenda apologies had been received from Deputy Mayor Penny Hulse and Members David Taipari and Glenn Wilcox.

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, 27 May 2014, 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

11 June 2014

Appointment of Hearings Panel - Plan Change 130 (Rodney Section) Peter Snell Youth Village

File No.: CP2014/10749

Purpose

1. This report requests the appointment of a Hearings Panel to hear submissions to Proposed Plan Change 130 – Peter Snell Youth Village to the Auckland Council District Plan (Rodney Section) 2011.

Executive summary

2. Proposed Plan Change 130 seeks to add a site specific Scheduled Activity in Chapter 14 – Scheduled Activities of the Auckland Council District Plan (Rodney Section) over 1212 Whangaparaoa Road, Coal Mine Bay, and amend associated maps. The site is currently used as a youth camp facility. The Scheduled Activity provides for some specified activities to occur on the site (additional to what is allowed in the underlying zoning), namely providing for the expansion of camp facilities and for up to 17 retirement units to be built on the site.

3. A plan outlining the general area affected by the plan change is set out in Attachment A.

4. Following the public notification processes there were 30 submitters and 16 further submitters. The main issues raised in these submissions are:

· Visual Effects on Whangaparaoa Road

· Traffic Effects

· Noise Effects

· Effects on Bush

· Activity Status for new Camp Buildings

· Servicing Infrastructure

· Public Access to Beach

· Loss of Park Land

5. A number of submissions therefore seek that the Proposed Plan Change be declined or that development is restricted in nature and extent.

6. It is recommended that a Hearing Panel of three commissioners be appointed to hear the submissions received in support and opposition to Proposed Plan Change 130 and to make decisions on them. It is recommended that the panel includes commissioners with expertise in planning, urban design, and ecology (vegetation). A hearing report is currently being drafted and it is hoped that a hearing can commence in July 2014.

Recommendation/s

That the Hearings Committee:

a) appoint a hearing panel of three Commissioners, one to be the Chair, to hear and determine Proposed Plan Change 130 – Peter Snell Youth Village, to the Auckland Plan (Rodney Section) 2011 and the submissions and further submissions received in respect of it.

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

Comments

7. The Auckland District Plan (Rodney Section) currently zones the land on which the existing Peter Snell Youth Village is located as Landscape Protection Residential. This zone does not provide for a camp facility meaning that the camp is a non-complying activity in the zone. The current District Plan provisions make it difficult to undertake any future alterations or expansion of the camp facility. Proposed Plan Change 130 adds a Scheduled Activity to Chapter 14 – Scheduled Activities of the Rodney Section of the District Plan covering the Peter Snell Youth Village site.

8. The proposed Scheduled Activity provides for the expansion of camp facilities and also provides for up to 17 retirement units to be built on the site. Where the Scheduled Activity is silent on any matter the underlying Landscape Protection Residential zoning is used. The Section 32 report notes that retirement units will be able to assist the camp facility in two ways. Firstly, the income from the retirement units will fund the camp’s development and improvements; and secondly, the residents of the retirement units will be able to assist with the operations of the camp facility as they wish. The Section 32 report notes that under the existing Landscape Protection Residential Zone of the District Plan, if the site was free of development and subdivided it is possible that 14 residential sites could be created at 1 site per 8000m² (based on Rule 8.15 of the Auckland Council District Plan (Rodney Section)).

9. The rules in the Proposed Plan Change generally steer development into the areas on the site that have the least vegetation, lowest quality vegetation, and/or the most buildings (see the Concept Development Plan Attached in Attachment B). The plan change enables development to occur in the area around the existing camp facility (Area ‘A’ on the Concept Development Plan) as a restricted discretionary activity. While this area has the ability to absorb further development, it is important not to undermine the open grass spaces that the camp also needs to provide for outdoor activities. Therefore, further areas are identified in the lower quality bush that could have some development (Areas ‘B’ and ‘C’ on the Concept Development Plan). However, development in these areas requires a full discretionary resource consent which would include a higher level of assessment of the ecological and landscape effects and further mitigation measures.

10. To provide for the overall mitigation of the intensification of buildings and activities on the site, above that currently provided for through the subdivision rules, the plan change requires that the balance of the site (Area ‘D’) is to be covenanted for protection as an area of regenerating bush. It is noted that subdivision using the underlying Residential Landscape Protection zoning would also require the covenanting of bush areas.

11. Plan Change 130 was publicly notified on 18 November 2010 with a closing date for submissions on 17 December 2010. The summary of submissions was publicly notified on 11 April 2011. The period for accepting further submissions closed on 5 May 2011. Officer consideration of the submissions lodged highlighted issues around wastewater, and watercare (as council’s advisor) required further information from the village operator. In order to enable this to occur, an extension under Section 37 of the RMA was granted on 17 October 2012, meaning that a decision needs to be issued by 18 November 2014. The effects of the proposal on the wastewater system are now clear and will be directly addressed in the hearing report.

Consideration

12. The recommendations contained in this report fall within the Committee’s delegated authority.

13. It is now appropriate to set this matter down for a hearing and a Council decision be made on the merits of the plan change and the submission. It is recommended that the Hearings Panel include commissioners with expertise in planning, urban design and ecology (vegetation).

14. It is likely that the hearing will take two days to complete. It is likely that the hearing will take place sometime in July 2014.

15. This is not a significant decision in terms of the Council’s Significance Policy and is a procedural matter in order to enable a hearing to be held and decisions made.

16. There is no requirement in the RMA for consultation regarding the appointment of a hearing panel.

Local board views and implications

17. There is no opportunity for Local Board input on appointing a hearing panel. The Local Board has been made aware of the Proposed Plan Change proposal through the process to date and via a workshop.

Maori impact statement

18. The following Iwi groups were consulted during the preparation of the plan change and given the opportunity to comment:

· Ngati Manuhiri

· Te Kawerau a Maki Trust

· Ngati Wai Trust

· Ngati Whatu Nga Rima o Kaipara

· Ngati Paoa Whanau Trust

· Te Uri o Hau

19. No issues were raised nor were any submissions received from any iwi group.

Implementation

20. The appointment of a hearing panel with full authority to make decisions will meet the requirements of Section 34 and Clause 8B of the First Schedule of the Resource Management Act 1991.

21. Hearing costs are budgeted for in current budgets.

22. Following the decision to appoint the hearing panel, a hearing date and venue will be set by the Council’s Hearings Unit within Democracy Services. The hearing is likely to be in July 2014.

Attachments

No.	Title	Page
a View	Location Plan	13
b View	Concept Development Plan	15

Signatories

Authors	Austin Fox - Planner
Authorisers	Penny Pirrit - Regional & Local Planning Manager

Hearings Committee

11 June 2014

Appointment of Commissioners - Private Plan Change 271 to Auckland Council District Plan - Auckland City Isthmus Section 1999 and application for resource consents R/LUC/2014/407 and R/REG/2014/484 for the extension of the existing Countdown Supermarket at 114, 116 and 120 Valley Road and 6, 8 and 12 Ewington Ave, Mount Eden

File No.: CP2014/10236

Purpose

1. The purpose of the report is to request the appointment of commissioners to hear submissions and make a decision on private plan change 271 to the operative Auckland Council District Plan - Auckland City Isthmus Section 1999 and on the associated application for resource consents R/LUC/2014/407 (district land use consent) and R/REG/2014/484 (stormwater discharge permit).

Executive summary

2. General Distributors Limited and Progressive Enterprises (the applicant) lodged private plan change 271 for 114 and 116 Valley Road, and an application for resource consents R/LUC/2014/407 and R/REG/2014/484 for 114, 116 and 120 Valley Road and 6, 8 and 12 Ewington Avenue, Mount Eden.

3. A map showing the land affected by the private plan change and application for resource consents is shown as Attachment A.

4. Private plan change 271 to the District Plan is a rezoning application of 114 and 116 Valley Road, Mount Eden from a Residential 6a zone to a Business 2 zone.

5. The application for resource consents proposes to extend the existing Countdown supermarket by 1,350sqm, relocate the existing loading dock and service area and extend the supermarket car park across 114 and 116 Valley Road. A copy of the resource consent plans are in Attachment B.

6. The hearing is expected to be set down for a minimum of three days, ideally held consecutively. Expertise in planning (including private plan change and resource consent processes), urban design, transport, and an understanding of technical detail on acoustic matters, stormwater management and amenity effects is considered important.

7. It is requested that a panel of three independent commissioners be approved to hear submissions and make a decision on the private plan change and the application for resource consent at a hearing that will likely take place in mid-late August 2014.

8. Due to the relationship of the private plan change and the application for resource consents, it is recommended that the same commissioners be appointed to consider both matters at a joint hearing.

Recommendation/s

That the Hearings Committee:

a) appoint a panel of three independent commissioners (including one as chair), to hear submissions and make a decision on private plan change 271 to the operative Auckland Council District Plan - Auckland City Isthmus Section 1999.

b) appoint the same panel of commissioners in recommendation (a) to hear submissions and make a decision on the application for resource consents R/LUC/2014/407 and R/REG/2014/484 under the operative Auckland Council District Plan - Auckland City Isthmus Section 1999, the Proposed Auckland Unitary Plan and the Regional Plan: Air, Land and Water.

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

Comments

Private Plan Change 271

9. The applicant initially lodged the private plan change request on 18 October 2011. Following a review by Council staff, the Regional Development and Operations Committee resolved to notify the private plan change request at their meeting on 21 June 2012, under clause 25 of the First Schedule of the Resource Management Act 1991.

10. The plan change was placed ‘on hold’ at the applicant’s request from 10 August 2012, and was publicly notified on 16 August 2013. Submissions closed on 13 September 2013. The council received 31 submissions to the plan change.

11. The council notified for further submissions on 14 February 2014 and the submission period closed on 28 February 2014. Council received two further submissions.

12. Key issues raised through the submissions are vehicle access, traffic generation particularly movements at the intersection of Valley Road and Dominion Road, traffic in residential streets, noise generated from the extension of the supermarket, and encroachment of business activity into the resident environment.

13. The council was the owner of 114 Valley Road at the time the private plan change request was lodged (October 2011). The council and Progressive Enterprises entered into a property agreement in 2002 to facilitate the Dominion Road public transport designation (referenced: D07-30). To avoid any perceived conflict of interest as a result of this property agreement, independent commissioners are requested for this hearing.

Application for Resource Consents - R/LUC/2014/407 and R/REG/2014/484

14. The applicant lodged an application for resource consent for the future redevelopment of the Countdown supermarket. This application was lodged on 30 January 2014 and was publicly notified on 28 April 2014, with submissions closing on 26 May 2014.

15. The proposed works will occur across properties zoned Business 2 (120 Valley Road, 6, 8, and 12 Ewington Avenue) and Residential 6a (114 and 116 Valley Road) under the operative Auckland Council District Plan - Auckland City Isthmus Section 1999.

16. The proposal included in the application for resource consent involves:

· extending the supermarket car park across 114 and 116 Valley Road to accommodate 94 at grade car parking spaces;

· constructing a 1,350m² extension to the existing supermarket; and

· relocating the existing service and loading area so that it is accessed off Ewington Avenue along with screening and landscaping works.

17. The proposal requires resource consent for a range of matters under the operative Auckland Council District Plan - Auckland City Isthmus Section 1999, the Proposed Auckland Unitary Plan and the Regional Plan: Air, Land and Water. Reasons for consent include; earthworks, construction of a new building, new car park (in the residential part of the site), car parking shortfall, access, site coverage (in the residential part of the site), stormwater diversion and discharge. Overall, the proposal is a non-complying activity.

Joint Hearing and Decision Making Process

18. It is appropriate to hold a joint hearing and for a decision to be made on both the private plan change, and the application for resource consents.

19. Section 103 of the RMA enables joint hearings to be conducted where the applications concern the same proposal. This will allow for effective integration of the two processes and enable consistent decision making.

20. The Hearings Committee’s adopted policy at Section 4.2 refers to “Allocation of decision making responsibility between elected members, independent commissioners and staff.” Policy 4.2.2 supports the involvement of elected members in significant or contentious applications. In this instance, there may be a perceived conflict of interest for elected members as a result of the property agreement and the fact that Council was the previous owner of 114 Valley Road. Therefore, it is recommended that independent commissioners be appointed to make these decisions.

21. Independent commissioners with expertise in RMA law, planning and urban design should form the make-up of the panel.

Consideration

Local board views and implications

22. The applicant has presented their proposal to the Albert Eden Local Board on three occasions, twice prior to the notification of the private plan change, and once after the private plan change was notified.

23. As part of both the notification processes (for the private plan change and the application for resource consents), the Albert Eden Local Board was notified of the private plan change and resource consent.

Maori impact statement

24. The private plan change and application for resource consent are being processed according to the requirements under the Resource Management Act 1991.

25. As part of the private plan change notification process, all of the iwi groups below were notified, and had the ability to make a submission and be involved in the hearing process.

· Ngati Whatua O Orakei Maori Trust Board;

· Te Uri o Hau

· Te Kawerau A Maki Trust

· Ngati Whatua Te Tinana

· Ngati Whatua Te Taou

· Ngati Whatua Te Hao

· Ngati Whatua Runanga O Te Taou

· Ngati Whatua Nga Rima o Kaipara

· Ngati Wai Trust

· Ngati Rehua-Ngatiwai Ki Aotea Trust Board

· Ngati Paoa Whanau Trust

· Ngati Paoa Trust

· Ngati Maru Runanga

· Ngati Manuhiri

· Ngaati Te Ata (Awaroa Environment)

· Nga Puhi.

26. As part of the resource consent notification process, all of the iwi groups below were notified, and had the ability to make a submission and be involved in the hearing process.

· Te Rūnanga o Ngāti Whātua

· Ngāti Whātua o Kaipara

· Ngāti Whātua o Ōrākei

· Ngāti Te Ata Waiohua

· Ngāti Paoa

· Ngāti Maru

· Ngāti Whanaunga

· Ngāti Tamaterā

27. Only one submission has been received from Ngati Maru which states that the proposal compromises their interest as protected by sections 6(e), 7(a) and 8 of the Resource Management Act 1991 and the applicant has not consulted with them. At the time of writing this report, the notification period for submissions on the resource consents remains open.

28. It is also noted that the discharge consent required under the Proposed Auckland Unitary Plan triggered the requirement for the applicant to contact the iwi groups above to determine if a Cultural Impact Assessment was required. The applicant declined to consult with iwi on this matter.

Implementation

29. Following the decision to appoint commissioners a hearing date will be set. This will likely take place in August 2014.

Attachments

No.	Title	Page
a View	Sites subject to resource consent and private plan change 271	21
b View	Resource consent application plans	23

Signatories

Authors

Mel Chow - Planner - Planning Central and Islands

Authorisers

Heather Harris - Manager Resource Consents

Penny Pirrit - Regional & Local Planning Manager

Hearings Committee

11 June 2014

Urgent Decision: appointment of alternate commissioners for Auckland Wastewater Network Discharge Consent R/REG/3743 and R/REG/3755

File No.: CP2014/11384

Purpose

1. To advise 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 appointment of alternate commissioners to make the decision on the notification and determination of a resource consent application under Sections 104 and 104C of the Resource Management Act 1991 by Watercare Services Limited for the Auckland wastewater network discharge consent has been made under urgency as at 26 May 2014 and is being reported to the Committee.

Recommendation/s

That the Hearings Committee:

a) note the decision made under urgency on 26 May 2014.

Attachments

No.	Title	Page
a View	Decision made under urgency on 26 May 2014	31
b View	Original decision of 11 November 2013	33
c View	Attachment to original decision of 11 November 2013	37

Signatories

Authors

Mary Binney - Democracy Advisor

Authorisers

Jason Marris - Manager Governance Support

Penny Pirrit - Regional & Local Planning Manager

Hearings Committee

11 June 2014

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

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 32: Clevedon Village to the Auckland Council District Plan (Manukau Section) - Update and Direction

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

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.

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, the report contains matters that are subject to without prejudice negotiations before the Environment Court..

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.

C2 Resource Consents Appeals: Status Report 11 June 2014

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

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.

In particular, the report contains information that could compromise the council in undertaking without prejudice negotiations of appeals that are before the Environment Court..

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.