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
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That the Unitary Plan Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday, 8 July 2014, as a true and correct
record.
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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.
At the close of
the agenda no requests for local board input had been received.
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.
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Unitary Plan
Committee
12 August 2014
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Unitary Plan -
Submissions Update
File No.: CP2014/17256
Purpose
1. The purpose of this report is to
update the committee on the proposed order of hearing topics recently announced
by the Auckland Unitary Plan Independent Hearings Panel (IHP). The report also
seeks an early decision from the committee in relation to a submission by PLDL
Limited concerning the Peninsula Golf Course (PGC) at 65 Hibiscus Coast
Highway, Silverdale.
2. The committee meeting will be
followed by a workshop on the key issues raised in submissions on the Regional
Policy Statement topics that form part of the work programme agreed to by the
committee on 8 July 2014.
Executive
summary
3. The further submission period on
the Proposed Auckland Unitary Plan (PAUP) closed at 5pm on 22 July 2014. As the
committee will recall, further submission can only support or oppose one or
more of the approximately 9,500 original submissions, they cannot raise new
issues. Council staff are in the process of registering the further submissions
against the relevant original submissions. This work is due to be completed by
the end of August, at which point the information will be handed over to the
IHP. This will enable the IHP to complete the ‘parties and issues reports’
discussed in the 8 July 2014 Unitary Plan Committee report, and commence the
hearings processes.
4. The IHP has signalled that
pre-hearing meetings will begin in mid-September, with the hearings commencing
in September on general matters (such as submissions seeking that the PAUP is
withdrawn) and moving on to submissions on the Regional Policy Statement
chapter of the PAUP in early October.
5. A site-specific matter is also
discussed in the report. A company known as PLDL Limited applied for and had
approved Plan Change 159 to the Auckland Council District Plan – Operative Rodney
Section 2011. Plan Change 159 rezoned the Peninsula Golf Course site at 65
Hibiscus Coast Highway, Silverdale from ‘Future Urban’ to ‘Residential Medium
Intensity’ for the purposes of residential development. Plan Change 159 was
approved by the Auckland Development Committee on 28 November 2013 (resolution
number AUC/2013/19) and became operative on 19 December 2013.
6. During the preparation of the
council submission on the PAUP, it was agreed that plan changes that had become
operative since the notification of the PAUP on 30 September 2013 would be
included in the council submission. Due to an administrative error, Plan Change
159 was not included in the council submission. PLDL is aware that the council
submission includes a number of plan changes that became operative after 30
September 2013 and is concerned that Plan Change 159 has been treated
differently to other plan changes. It is therefore recommended that the
submission by PLDL is supported by the council at the relevant IHP hearing to
the extent that it is consistent with Plan Change 159.
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Recommendation/s
That the Unitary Plan
Committee:
a) note the proposed order of
hearing topics released by the Auckland Unitary Plan Independent Hearings
Panel.
b) support the submission by PLDL
Limited in respect of the Peninsula Golf Course site at 65 Hibiscus Coast
Highway, Silverdale to the extent that it is consistent with Plan Change 159
to the Auckland Council District Plan – Operative Rodney Section 2011.
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Comments
Hearings Programme
7. Since the
notification of the further submission period for the PAUP on 11 June 2014, the
IHP has been reviewing the matters raised in the submissions in order to
determine a logical sequence for the pre-hearing meetings and hearings. An
overview of the hearing topics and the likely order in which topics will be
heard was published on the IHP website (www.aupihp.govt.nz) on 1 August (refer Attachment
A). The IHP has also indicated that it will shortly provide on its website a
schedule for the first few months of pre-hearing meetings. The IHP website will
be regularly updated with information regarding the hearing process.
8. The overview of hearing topics published by the IHP is based on the
coding framework used by the council to summarise submissions. The coding
framework was described in the report presented to the committee on 20 May
2014.
9. The hearings will begin with matters that are considered by the IHP
as being potentially outside its jurisdiction. This will provide certainty for
submitters about the process right at the start.
10. The order for hearing the topics that are within the IHP’s
jurisdiction is based on moving from the general to the specific. This means
that the Regional Policy Statement (RPS) chapter of the PAUP (excluding the RPS
schedules such as Outstanding Natural Landscapes and Significant Ecological
Areas) will be heard first, followed by the regional and district objectives,
policies and rules, site specific issues, schedules and designations.
11. The full Panel will hear the out of scope matters and the RPS. After
the RPS the IHP will split into two and begin hearing topics concurrently. This
is shown on the provisional programme as Panel A and Panel B. Membership of
Panels A and B will not be fixed.
12. The IHP has indicated that it may decide to hear some other topics
as a full panel, for example subdivision issues and definitions.
Hearing Timeframes
13. The IHP is
required to complete the hearings and report back to the council in July 2016.
This is a short period of time to deal with the range of hearing topics in the
PAUP, and as discussed with the committee in July, will require the IHP, the
council and submitters to work at pace.
14. A more detailed programme that sets out the expected timeframe for
the pre-hearing meetings and hearings by topic will be available on the IHP
website in September. The important information at this stage about timing is:
·
Hearings for potentially out of scope matters
will be held in September 2014;
·
The RPS process will start with pre-hearing
meetings in September 2014 and RPS hearings (other than RPS schedules) are
expected to begin in October 2014 and be completed around the end of January
2015.
·
The IHP will not be holding pre-hearing meetings
or hearings between 22 December 2014 and 9 January 2015.
·
The IHP is unlikely to begin hearings on
specific sites before the end of 2015.
Peninsula
Golf Course
15. As the committee
will recall, the council lodged its own submission on the PAUP. The submission
was intended to correct errors identified during the submission period, make
refinements to policy matters in order to improve the workability of the PAUP,
and to include the outcomes of plan changes to the various operative sections
of the council’s district plan that had become operative since the notification
of the PAUP.
16. One such plan change was Plan
Change 159 to the Auckland Council District Plan – Operative Rodney Section
2011. Plan Change 159 rezoned the Peninsula Golf Course site at 65 Hibiscus
Coast Highway from ‘Future Urban’ to ‘Residential Medium Intensity’ to enable
residential development. Plan Change 159 was approved by the Auckland
Development Committee on 28 November 2013 (resolution number AUC/2013/19) and
became operative on 19 December 2013.
17. Due to an administrative error,
Plan Change 159 was not included in the council submission. PLDL, the owner of
the Peninsula Golf Course, has lodged a submission on the PAUP that seeks to
implement the outcomes of Plan Change 159. PLDL is aware that the council
submission includes a number of submission points relating to plan changes that
became operative after 30 September 2013 and is concerned that the council has
treated Plan Change 159 differently.
18. It is therefore recommended that
the submission by PLDL is supported by the council to the extent that it is
consistent with Plan Change 159.
Workshop on Regional Policy Statement
submissions
19. As noted above, hearings on the
RPS chapter of the PAUP are scheduled to commence as early as October. To bring
the committee up to speed with the issues raised in submissions on the RPS, the
committee meeting will be followed by a workshop on the key issues raised in submissions
on the RPS topics that form part of the committee’s work programme. An overview
of the submissions relating to the following broad themes will be presented:
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Theme
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Business
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Historic Heritage
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Infrastructure
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Mana Whenua
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Natural Hazards and Flooding
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Natural Heritage Landscapes
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Public Open Space Zones
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Managing Growth
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Social infrastructure
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Special Character
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Rural subdivision
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Stormwater
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Sustainable development
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Transport
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Vegetation Management and Significant
Ecological Areas
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Volcanic Viewshafts and Height Sensitive
Areas
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Waitakere Ranges
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Water
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Consideration
Local
board views and implications
20. The views of local boards are
able to be represented by the invitation extended to all local board chairs to
attend the Unitary Plan Committee.
Maori
impact statement
21. The matters
discussed in this report are largely process-related and are not considered to
involve any specific impacts on Maori.
Implementation
22. The recommendations made in this
report can be implemented within the existing Unitary Plan budget and staff
resources.
Attachments
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No.
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Title
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Page
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aView
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Proposed order of hearing topics
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11
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Signatories
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Authors
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John Duguid - Manager Plan Development
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Authorisers
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Penny Pirrit - Regional & Local Planning Manager
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