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Hearings
Committee
12 August 2014
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1 Apologies
2 Declaration of Interest
There were no declarations of interest.
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.
Secretarial Note: Item 7 - Determination by the Hearings Committee of an Objection to Proposed
Stormwater Connection through 213 Hillsborough Road and 2A Olsen Road,
Hillsborough – was deferred until 10.20am, as per hearing
schedule, with agreement of the meeting. This item was taken after Item 12 – Appointment of Independent Commissioners: Application for resource
consent - Proposed Café, 311 Richmond Road, Grey Lynn.
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9
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Appointment of hearing commissioners for hearing for Private Plan
Change 35 - Puhinui Gateway to the Auckland Council District Plan (Manukau
Section) and associated applications for resource consent
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Secretarial note: Changes to the original recommendation
were incorporated with the agreement of the meeting.
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Resolution number HEA/2014/104
MOVED
by Member DE Taipari, seconded by Cr AJ Anae:
That the Hearings
Committee:
a)
rescind the following decision made at the 20 September 2013
Hearings Committee meeting:
Resolution number HC/2013/17
MOVED by Cr NM Raffills, seconded by Cr AJ Anae:
That the Hearings Committee:
a) appoint a Hearing
Panel of Independent Commissioners David Kirkpatrick (Chairperson), Greg
Hill, Bill Kapea and Ian Gunn to hear submissions and to make a decision on
Private Plan Change 35: Puhinui Gateway to the Auckland Council District Plan
(Manukau Section).
b) delegate the
Chairperson of the committee to appoint alternate members to the Hearings
Panel in the event that the appointed members of the Hearings Panel are
unavailable.
CARRIED
b)
appoint a hearing panel of four independent
commissioners – Jan Heijs, Ian Munro, William Kapea,
Janine Bell (Chair) – with expertise in plan changes, resource
consents, legal issues, iwi and cultural heritage matters, transport, stormwater
and environmental issues, to hear submissions and make decisions on:
i)
Private Plan Change 35 – Puhinui Gateway to the Auckland
Council District Plan (Manukau Section)
ii)
P43678 – Regional Water Permit (Surface Water Diversion)
iii)
P43679 – Regional Water/Discharge Permit (Stormwater)
iv)
P43680 – Regional Land Use Consent (Streamworks)
c)
delegate authority to the Chair of the Hearings Committee to
make replacement appointments in the event that any of the appointed members
of the hearing panel is unavailable.
CARRIED
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10
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Appointment of Commissioner/s: Notice of Requirement Plan
Amendment 69 to the Auckland Council District Plan (Manukau Section) 149
Roscommon Road, Manurewa: Wiri Oil Terminal.
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Resolution number HEA/2014/105
MOVED
by Member DE Taipari, seconded by Cr AJ Anae:
That the Hearings
Committee:
a)
appoint an Independent Commissioner – Sheena
Tepania – to determine whether limited or public notification
is required (pursuant to section 95A-E of the Resource Management Act 1991)
of the Notice of Requirement for the Wiri Oil Terminal at 149 Roscommon Road
in Manurewa.
b)
upon the notification (limited or public) and should a
subsequent Hearing be required:
i)
That the Hearings Committee appoint a panel of three
Commissioners – Sheena Tepania (chair),
Louise Wickham, Dave Serjeant – to hear submissions and make final
recommendations on the Notice of Requirement for the Wiri Oil Terminal at
149 Roscommon Road in Manurewa pursuant to section 171 of Resource Management
Act 1991.
c)
in the event that the independent Commissioner or any of the
Hearings Panel appointed become unavailable, that the Chair of the Hearings
Committee be delegated authority to make replacement appointments.
CARRIED
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11
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Appointment of Hearing Commissioners: Applications for Private
Plan Change and Resource Consents - Proposed mixed use development at 170,
178, 180 and 182 Balmoral Road and 2, 4, and 16 Rocklands Avenue, Balmoral
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Cr C Darby entered the meeting at 10.09am.
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Resolution number HEA/2014/106
MOVED
by Member DE Taipari, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) reconfirm the
appointment of independent commissioners – alternate Les Simmons (Chair), Kitt
Littlejohn and Karyn Sinclair – to hear and determine Private Plan Change 209
to the Operative Auckland Council District Plan (Auckland City Isthmus
Section 1999), seeking to rezone land at 16 Rocklands Avenue and part 178
Balmoral Road, Balmoral.
b) appoint the same commissioners
as appointed in clause a) above to concurrently hear submissions and make
decisions on applications for resource consents R/LUC/2013/3990 and
R/REG/2013/4253 at 170, 178, 180, 182, Balmoral Road and 2, 4 and 16
Rocklands Avenue, Balmoral.
c) appoint a Local Board member
– Ken Baguley (Troy Churton - alternate) – to the panel appointed in clause a) above.
d) delegate authority to
the chairperson of the Hearings Committee to make replacement appointments in the event that any of the appointed commissioners
are unavailable.
CARRIED
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12
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Appointment of Independent Commissioners: Application for resource
consent - Proposed Café, 311 Richmond Road, Grey Lynn
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Resolution number HEA/2014/107
MOVED
by Member DE Taipari, seconded by Cr CM Penrose:
That the Hearings
Committee:
a)
appoint a panel of three independent
commissioners (including one as chair) – Kitt
Littlejohn (Chair), Richard Knot and Barry Kaye – to hear submissions and make a decision under section 104 of the
Resource Management Act 1991 on the application for resource consent (R/LUC/2014/267)
to establish a café at 311 Richmond Road, Grey Lynn.
b)
delegate to the Chairperson of the Hearings
Committee the authority to make replacement appointments should any of the
independent commissioners and/or local board member appointed under (a) above
be unavailable.
CARRIED
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Secretarial note: Item 13 – Draft Decision
of the Board of Inquiry on the Ara Tuhono - Puhoi to Wellsford Road of National
Significance, Puhoi to Warkworth Section – was deferred until after Item 7 – Determination
by the Hearings Committee of an Objection to Proposed Stormwater Connection
through 213 Hillsborough Road and 2A Olsen Road, Hillsborough – with agreement
of the meeting.
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13
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Draft Decision of the Board of Inquiry on the Ara Tuhono - Puhoi
to Wellsford Road of National Significance, Puhoi to Warkworth Section.
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A document containing the indicative draft comments on draft
conditions of consent from the draft decision of the Board of Inquiry into
the Ara Tuhono – Puhoi to Wellsford Road of National Significance: Puhoi to
Warkworth Section, was tabled at the meeting.
A copy of the tabled document has been placed in the
official minutes and is available at the Auckland Council website as a
minutes attachment.
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Secretarial note: Changes to the original recommendation
b) were incorporated with the agreement of the meeting.
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Resolution number HEA/2014/110
MOVED
by Member DE Taipari, seconded by Cr C Darby:
That the Hearings
Committee:
a) agree that due to time
constraints, comments on the draft decision of the Board of Inquiry on the
Ara Tuhono – Puhoi to Wellsford Road of National Significance – Puhoi to
Warkworth Section as tabled at the meeting of 12 August 2014 form the basis
of the council’s response to the Board of Inquiry.
b) delegate to the Deputy Chair
of the Hearings Committee, Cr CM Penrose and Member G Wilcox the approval of
the final wording of the comments to the Board of Inquiry before the 22
August.
CARRIED
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Attachments
a Tabled Information: Indicative
draft comments on draft conditions of consent from the draft decision of the
Board of Inquiry into the Ara Tuhono – Puhoi to Wellsford Road of National
Significance: Puhoi to Warkworth Section.
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15 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
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16 Procedural
motion to exclude the public
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Resolution
number HEA/2014/112
MOVED by Member DE Taipari, seconded by Cr CM
Penrose:
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 Resolution
of an Appeal by Consent Order - Snowplanet Appeal to Plan Change 123 Hibiscus
Coast Gateway Recreation and Entertainment Zone
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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, the
report contains information used in council negotiations to resolve
appeals..
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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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C2 Appeals
to Plan Change 32: Clevedon Village to the Auckland Council District Plan
(Manukau 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, the
report contains matters pertaining to negotiations 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 appeal: Hill 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
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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C4 Urgent
Decision: Resource Consent Appeal - Blair Investments Limited v Auckland
Council - 8 Harrison Road, Auckland
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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, the
report contains information that relates to an appeal currently 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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C5 New
Resource Consent Appeals: D and K Eastgate v Auckland Council and Armadale
Holdings Ltd 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, the
report contains information used in council negotiations to resolve
resource consent appeals.
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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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C6 New
Resource Consent Appeals: Papakura Private Hospital v Auckland Council and
Strata Title Admin Body Corporate 176156 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, the
report contains information used in council negotiations to resolve
resource consent appeals..
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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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C7 Resource
Consent Appeals: Status Report 12 August 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 local authority to undertake without prejudice 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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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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11.46am 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.
12.19pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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Resolution of an Appeal by Consent Order - Snowplanet Appeal to
Plan Change 123 Hibiscus Coast Gateway Recreation and Entertainment Zone
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Resolution
number HEA/2014/113
That the Hearings Committee:
c) agree that the
report, decisions and attachments regarding – Resolution of an Appeal by
Consent Order - Snowplanet Appeal to Plan Change 123 Hibiscus Coast Gateway
Recreation and Entertainment Zone – not be stated in the open section of the
minutes until the consent order is approved by the Environment Court.
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C2
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Appeals to Plan Change 32: Clevedon Village to the Auckland
Council District Plan (Manukau Section) – Update and Direction
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Resolution
number HEA/2014/114
That the Hearings Committee:
e) agree that the
decisions, report and attachments regarding – Appeals to Plan Change 32:
Clevedon Village to the Auckland Council District Plan (Manukau Section) –
Update and Direction – not be restated in the open section of the minutes.
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C3
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New resource consent appeal: Hill v Auckland Council
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Resolution
number HEA/2014/115
That the Hearings Committee:
d) agree that the decisions,
report and attachments regarding ‘New resource consent appeal: Hill v
Auckland Council’, not be re-stated in the open section of the minutes.
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C4
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Urgent Decision: Resource Consent Appeal - Blair Investments
Limited v Auckland Council - 8 Harrison Road, Auckland
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Resolution
number HEA/2014/116
b) agree that the report,
decisions and attachments regarding Urgent Decision: Resource Consent Appeal
- Blair Investments Limited v Auckland Council - 8 Harrison Road, Auckland –
not be restated in the open section of the minutes.
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C5
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New Resource Consent Appeals: D and K Eastgate v Auckland Council
and Armadale Holdings Ltd v Auckland Council
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Resolution
number HEA/2014/117
That the Hearings Committee:
d) agree that the
decisions, report and attachments regarding – New Resource Consent Appeals: D
and K Eastgate v Auckland Council and Armadale Holdings Ltd v Auckland
Council – not be restated in the open section of the minutes.
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C6
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New Resource Consent Appeals: Papakura Private Hospital v Auckland
Council and Strata Title Admin Body Corporate 176156 v Auckland Council
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Resolution
number HEA/2014/118
That the Hearings Committee:
d) agree that the decisions, report and attachments regarding ‘New
Resource Consent Appeals: Papakura Private Hospital v Auckland Council and
Strata Title Admin Body Corporate 176156 v Auckland Council’ not be restated
in the open section of the minutes.
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C7
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Resource Consent Appeals: Status Report 12 August 2014
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A copy of the document entitled ‘Appeals: Status Report 12 August 2014’ has been placed in
the official minutes and is available at the Auckland Council website as a
minutes attachment.
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Resolution
number HEA/2014/119
That the Hearings Committee:
b)
agree that the report and attachments not be
re-stated in the open section of the minutes, but agree that the list and
description of current appeals as of 31 July 2014, apart from Auckland
Council’s status position on the appeals, be re-stated in the open section of
the minutes.
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Attachments
a Appeals: Status Report 12
August 2014
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12.19 pm 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:........................................................
