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Auckland
Development Committee
12 March 2015
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1 Apologies
2 Declaration of Interest
Deputy
Chairperson C Darby declared an interest on Item 9 - Approval
of Plan Change 130 (Peter Snell Youth Village) to the Auckland Council District
Plan (Rodney Section) 2011.
Cr RI Clow
declared an interest as a member of the Waitākere Ranges Protection Society and the Royal Forest & Bird Society.
Member L
Ngamane and Member DE Taipari declared interests on Item C4 - Downtown Shopping Centre and Queen Elizabeth
Square.
3 Confirmation of Minutes
4 Petitions
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4.1
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Petition - Save the Paturoa Kauri
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Member DE Taipari entered the meeting
at 9.43 am.
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Aprilanne Bonar and Winnie Charlesworth, were
in attendance to present a petition containing over 26,003 signatures,
regarding:
“Save the Paturoa Kauri:
We urge you to stop a healthy 500 year
old Kauri tree and a 300 year old Rimu tree from being felled at 40 Paturoa
Rd, Titirangi.
Why is this important?
At a time when our forest is losing
Kauri trees to Kauri dieback disease, we need to do all we can to save the
healthy trees to protect this endemic species. I am not anti-development,
however, the developer could move the intended building and protect these
trees. The RMA was never designed to allow developers to be able to destroy
trees that have significant ecological value. The RMA legislation has
loopholes that will destroy our forests if change does not happen.”
A copy of the petition was provided and
has been placed on the official record of the meeting.
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Resolution number AUC/2015/31
MOVED by Chairperson PA Hulse, seconded by Cr LA Cooper:
That the Auckland Development
Committee:
a)
receive the petition regarding ‘Save
the Paturoa Kauri’.
CARRIED
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5 Public Input
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5.1
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Public Input - Dame Nganeko Minhinnick, Tahuna Minhinnick, Ngati
Te Ata - Special Housing Areas
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This item was heard before
Item 8 – Notices of Motion, after the public was excluded, as it regarded
confidential Item C1 - Additional
New Special Housing Area Request - March 2015 Recommendation. The public
input presenters left the meeting after their presentation and before
discussion and decision on the item.
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6 Local Board Input
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6.1
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Local Board Input - Puketāpapa Local Board Chair - Exchange of reserve land proposal - Three
Kings Quarry and PA372
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The Puketāpapa Local Board Deputy Chair was in attendance and spoke at Item
12 - Exchange of reserve land proposal - Three Kings
Quarry and PA372.
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6.2
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Local Board Input - Waitākere Ranges Local Board Chair - Kauri Matters
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The Waitākere Ranges Local Board Chair and local board members were in
attendance and spoke at Item 13.1 – Consideration of Extraordinary Items - Kauri tree removal at 40 Paturoa Road, Titirangi.
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7 Extraordinary Business
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7.1
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Extraordinary Business -
Kauri tree removal at 40 Paturoa Road, Titirangi
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The reason the matter was not included on
the agenda was that the issue was considered as an extraordinary item at the
Parks, Recreation and Sports Committee meeting of Tuesday 10 March 2015 and
referred to this meeting of Auckland Development Committee at that time
(Resolution number PAR/2015/13).
The reason why the discussion of the item
could not be delayed until a subsequent meeting is the issue had significant
public interest.
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Resolution number AUC/2015/32
MOVED by Cr CE Fletcher, seconded by Chairperson PA Hulse:
That the Auckland Development
Committee:
a)
agree that the “Kauri tree removal at 40 Paturoa Road, Titirangi” issue be dealt with as Item 13.1 – Consideration of Extraordinary Item - Kauri tree removal at 40 Paturoa Road, Titirangi.
CARRIED
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13.1
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Consideration of Extraordinary Items – Kauri tree removal at 40
Paturoa Road, Titirangi
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The Waitākere Ranges Local Board Chair Sandra Coney,
and Waitākere Ranges Local Board Members Saffron Toms, Greg Presland and
Steve Tollestrup were in attendance and spoke to this item.
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Mayor LCM Brown entered the meeting at
11.05 am.
Deputy Chairperson C Darby left the
meeting at 11.20 am.
Deputy Chairperson C Darby returned to
the meeting at 11.25 am.
Cr GS Wood left the meeting at 11.28
am.
Cr GS Wood returned to the meeting at
11.33 am.
Cr WB Cashmore left the meeting at
11.38 am.
Cr SL Stewart left the meeting at
11.42 am.
Cr WB Cashmore returned to the meeting
at 11.43 am.
Member DE Taipari left the meeting at
11.46 am.
Cr SL Stewart returned to the meeting
at 11.50 am.
Member DE Taipari returned to the
meeting at 11.59 am.
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A PowerPoint presentation was provided by staff. A copy of
this presentation has been placed on the official minutes and is available at
the Auckland Council website as a minutes attachment.
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MOVED by Chairperson PA
Hulse, seconded by Cr LA Cooper:
That the Auckland Development Committee:
a)
request that officers undertake a review of
the process involved in assessing and granting the consent applications to
undertake development on sites at 40 and 42 Paturoa Road, with the specific
and sole purpose of identifying matters that could be improved in future
council processes and to be included in Auckland Council’s submissions to
central government on its current review of the Resource Management Act 1991,
and report back to the Auckland Development Committee on Thursday, 16 April
2015.
b)
direct the Chief Planning Officer of Auckland
Council, being independent of the operational part of council, to lead the
review to be undertaken of the process.
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Secretarial Note: Pursuant to
Standing Order 3.3.11, Cr ME Lee was asked to withdraw his comments and
apologise. Cr ME Lee did not withdraw his comments and did not apologise.
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MOVED by Cr CM Casey, seconded by Cr J Watson, an amendment by way
of addition to the original motion:
That the
Auckland Development Committee:
a)
support the Waitākere Ranges Local Board in opposing the felling of the Kauri tree at
40 Paturoa Rd, Titirangi, and the Rimu tree at 42 Paturoa Rd, Titirangi.
A division
was called for, voting on which was as follows:
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For
Cr CM Casey
Cr RI Clow
Deputy Chairperson C Darby
Cr CE Fletcher
Cr ME Lee
Member Ngamane
Member DE Taipari
Cr WD Walker
Cr J Watson
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Against
Cr CE Brewer
Mayor LCM Brown
Cr WB Cashmore
Cr LA Cooper
Chairperson PA Hulse
Cr DA Krum
Cr D Quax
Cr SL Stewart
Cr MP Webster
Cr GS Wood
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Abstained
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The motion was
declared lost by 9 votes
to 10.
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Secretarial note: Changes to the original motion were
incorporated under recommendation c).
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The substantive motion was put.
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Resolution number AUC/2015/34
MOVED by Chairperson PA Hulse, seconded by Cr LA Cooper:
That the
Auckland Development Committee:
a)
request that officers undertake a
review of the process involved in assessing and granting the consent
applications to undertake development on sites at 40 and 42 Paturoa Road, with
the specific and sole purpose of identifying matters that could be improved
in future council processes and to be included in Auckland Council’s
submissions to central government on its current review of the Resource
Management Act 1991, and report back to the Auckland Development Committee on
Thursday, 16 April 2015.
b)
direct the Chief Planning Officer of
Auckland Council, being independent of the operational part of council, to
lead the review to be undertaken of the process.
c)
endorse council to continue to work
with the landowners of 40 and 42 Paturoa Road, and the community, to seek a
resolution to current concerns.
CARRIED
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Attachments
a 12
March 2015 - Auckland Development Committee - Item 13.1 - Consideration of
Extraordinary Items - Kauri tree removal at 40 Paturoa Road, Titirangi
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The meeting adjourned at 1.03pm and reconvened
at 1.37pm.
Cr CE Brewer, Mayor LCM Brown, Cr ME Lee
and Member DE Taipari were not present.
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Procedural
motion to exclude the public – Public Input Item 5.1
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Resolution number AUC/2015/35
MOVED by Chairperson PA Hulse, seconded by Cr MP Webster:
That the
Auckland Development Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
b) agree
that Dame Nganeko Minhinnick, Tahuna Minhinnick, Ngati Te Ata be permitted to
be present at the beginning of the confidential section of the meeting after
the public has been excluded, to provide public input that relates to
confidential item C1 - Additional
New Special Housing Area Request - March 2015 Recommendation,
but leave before the item is discussed.
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:
5.1 Public Input - Dame Nganeko Minhinnick, Tahuna Minhinnick, Ngati
Te Ata - Special Housing Areas
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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)(b)(ii) - The
withholding of the information is necessary to protect information where
the making available of the information would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the
subject of the information.
In particular, the
public input contains commercially sensitive information in regards to the
development proposals.
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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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CARRIED
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1.38pm The
public was excluded.
2.16pm The
public was re-admitted.
8 Notices of Motion
There were no
notices of motion.
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9
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Approval of Plan Change 130 (Peter Snell Youth Village) to the
Auckland Council District Plan (Rodney Section) 2011
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Deputy Chairperson C Darby declared an interest in this
item and left the meeting.
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Deputy Chairperson C Darby left the meeting at 2.18 pm.
Member DE Taipari left the meeting at 2.18 pm.
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Resolution
number AUC/2015/38
MOVED by Cr J Watson, seconded by Cr RI Clow:
That the
Auckland Development Committee:
a) approve
Plan Change 130 (Peter Snell Youth Village) to the Auckland Council District
Plan (Rodney Section) 2011, as set out in Attachment A to this report, pursuant
to Clause 17 of the First Schedule of the Resource Management Act 1991.
b) authorise the Manager Planning North/West to complete the statutory
processes under Clause 20 of the First Schedule of the Resource
Management Act 1991 to make Plan Change 130
to the Auckland Council District Plan (Rodney Section) 2011 operative in the
District Plan.
CARRIED
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10
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Cost of Residential Servicing Study
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A PowerPoint presentation was provided. A copy of this
presentation has been placed on the official minutes and is available at the
Auckland Council website as a minutes attachment.
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Member L Ngamane left the meeting at 2.23 pm.
Deputy Chairperson C Darby returned to the meeting at
2.23 pm.
Cr CE Brewer returned to the meeting at 2.26 pm.
Member DE Taipari returned to the meeting at 2.31 pm.
Member L Ngamane returned to the meeting at 2.35 pm.
Cr MP Webster left the meeting at 2.48 pm.
Cr MP Webster returned to the meeting at 2.57 pm.
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Resolution number AUC/2015/39
MOVED
by Deputy Chairperson C Darby, seconded by Chairperson PA Hulse:
That the
Auckland Development Committee:
a) receive
the Cost of Residential Servicing Study and note that the findings highlight
the need for the following: consistency in whole of life cost reporting;
consistency in the use of IFAs and infrastructure charge offsets; and a
standardised approach to service levels;
b) request
that this report be circulated to local boards for their information.
CARRIED
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Attachments
a 12 March 2015 - Auckland
Development Committee - Item 10 - Cost of Residential Servicing Study
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11
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C40 Cities Climate Leadership Group - Auckland Council membership
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A PowerPoint presentation was provided by staff. A copy of
this presentation has been placed on the official minutes and is available at
the Auckland Council website as a minutes attachment.
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Cr RI Clow left the meeting at 3.15 pm.
Cr RI Clow returned to the meeting at 3.20 pm.
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Resolution number AUC/2015/40
MOVED
by Chairperson PA Hulse, seconded by Cr CE Fletcher:
That the Auckland
Development Committee:
a)
agree pursuant to standing order 3.3.7,
that an extension of time until 4.30pm be granted.
CARRIED
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MOVED
by Chairperson PA Hulse, seconded by Cr WD Walker:
That the Auckland Development
Committee:
a) endorse
Auckland Council’s application for membership of the C40 Cities Climate
Leadership Group.
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Secretarial
Note: The original recommendation a) was withdrawn with the
agreement the meeting.
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Resolution number AUC/2015/41
MOVED
by Cr CE Fletcher, seconded by Cr RI Clow:
That the Auckland
Development Committee:
a)
agree that Item 11 - C40 Cities Climate
Leadership Group - Auckland Council membership, be deferred to
a subsequent meeting of the Auckland Development Committee, until such
time when further financial information can be provided.
CARRIED
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Secretarial
Note: Pursuant to Standing Order 3.15.5, Cr GS Wood requested that
his dissenting vote be recorded.
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Attachments
a 12 March 2015 - Auckland
Development Committee - Item 11 - C40 Cities Climate Leadership Group -
Auckland Council membership
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12
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Exchange of reserve land proposal - Three Kings Quarry and PA372
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Secretarial note: Changes to the original motion were
made prior to the meeting and incorporated as a Chair’s recommendation under
vi). Changes to original recommendation a) i) and original recommendation a)
iii) were incorporated with agreement of the meeting.
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Puketāpapa Local Board Deputy Chair Harry Doig was in attendance
and provided a PowerPoint presentation on this item. A copy of this
presentation has been placed on the official minutes and is available at the
Auckland Council website as a minutes attachment.
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A PowerPoint presentation was provided by staff. A copy of
this presentation has been placed on the official minutes and is available at
the Auckland Council website as a minutes attachment.
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Mayor LCM Brown left the meeting at
3.46 pm.
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MOVED
by Chairperson PA Hulse, seconded by Deputy Chairperson C Darby:
That the Auckland Development
Committee:
a) endorse the following process to work towards an agreed land exchange
proposal:
i) that council staff report to the Puketāpapa Local
Board on 26 March 2015, and iwi interests, to outline the land exchange proposal that will form the basis of
the public consultation and how this proposed exchange aligns with the Three
Kings Plan and iwi interests, and is suitable for an exchange for the
purposes of the Reserves Act.
ii) that council staff undertake a one month public consultation in
April 2015 to obtain comment on the proposed exchange.
iii) that council
staff complete engagement with adjoining owners.
iv) that council staff report to the Auckland Development Committee to
recommend the basis of a land exchange and to seek approval to issue a notice
of intention under s.15(2) of the Reserves Act 1977.
v) that objections under the Reserves Act notice of intention be
considered by the Hearing Commissioners appointed to hear PA372.
vi)
that the Chair and
Deputy Chair of the Auckland Development Committee, or their nominees, and
the Chair and Deputy chair of the Puketāpapa Local
board, or their nominees, work together during March and April 2015, on
issues of concern to the local board with respect to a potential land
exchange proposal
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MOVED
by Cr CM Casey, seconded by Cr WD Walker, an amendment by way of substitution
to the original motion for a) i) – vi):
a)
agree that any exchange of land between Auckland Council and Fletcher
Residential be deferred until after the two Fletcher Private Plan Changes
have been decided.
A division was called for,
voting on which was as follows:
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For
Cr CM Casey
Cr RI Clow
Cr CE Fletcher
Cr WD Walker
Cr J Watson
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Against
Cr CE Brewer
Cr WB Cashmore
Cr LA Cooper
Deputy Chairperson C Darby
Chairperson PA Hulse
Cr DA Krum
Member Ngamane
Cr D Quax
Cr SL Stewart
Member DE Taipari
Cr MP Webster
Cr GS Wood
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Abstained
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The motion was declared lost by 5 votes to 12.
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The substantive motion was put.
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Resolution number AUC/2015/42
MOVED
by Chairperson PA Hulse, seconded by Deputy Chairperson C Darby:
That the
Auckland Development Committee:
a) endorse the following process to work towards an agreed land exchange
proposal:
i) that council staff report to the Puketāpapa
Local Board on 26 March 2015, and iwi
interests, to outline the land exchange
proposal that will form the basis of the public consultation and how this
proposed exchange aligns with the Three Kings Plan and iwi interests, and is
suitable for an exchange for the purposes of the Reserves Act.
ii) that council staff undertake a one month public consultation in
April 2015 to obtain comment on the proposed exchange.
iii) that
council staff complete engagement with adjoining owners.
iv) that council staff report to the Auckland Development Committee to
recommend the basis of a land exchange and to seek approval to issue a notice
of intention under s.15(2) of the Reserves Act 1977.
v) that objections under the Reserves Act notice of intention be
considered by the Hearing Commissioners appointed to hear PA372.
vi) that the Chair and Deputy Chair of
the Auckland Development Committee, or their nominees, and the Chair and
Deputy chair of the Puketāpapa
Local board, or their nominees, work together during March and April 2015, on
issues of concern to the local board with respect to a potential land
exchange proposal.
CARRIED
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Secretarial
note: Pursuant to Standing Order 3.15.5, Cr CM Casey and Cr WD
Walker requested that their dissenting votes be recorded.
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Attachments
a 12 March 2015 - Auckland
Development Committee - Item 12 - Exchange of reserve land proposal - Three
Kings Quarry and PA372 - Puketapapa Local Board Deputy Chair Presentation
b 12 March 2015 - Auckland
Development Committee - Item 12 - Exchange of reserve land proposal - Three
Kings Quarry and PA372
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13 Consideration
of Extraordinary Items
Item 13.1 - Consideration of Extraordinary Items –
Kauri tree removal at 40 Paturoa Road, Titirangi - was discussed after Item 7.1
– Extraordinary Business - Kauri tree removal at 40 Paturoa Road, Titirangi.
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14 Procedural
motion to exclude the public
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Resolution
number AUC/2015/43
MOVED by Cr MP Webster, seconded by Chairperson PA
Hulse:
That the
Auckland Development 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 Additional
New Special Housing Area Request - March 2015 Recommendation
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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)(b)(ii) - The
withholding of the information is necessary to protect information where
the making available of the information would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the
subject of the information.
In particular, the
report contains commercially sensitive information in regards to the
development proposals.
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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 Special
Housing Areas - March 2015 Recommendations
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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)(b)(ii) - The
withholding of the information is necessary to protect information where
the making available of the information would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the
subject of the information.
In particular, the
report contains commercially sensitive informaiton in regards to the
development proposals..
s7(2)(c)(i) - The
withholding of the information is necessary to protect information which is
subject to an obligation of confidence or which any person has been or
could be compelled to provide under the authority of any enactment, where
the making available of the information would be likely to prejudice the
supply of similar information or information from the same source and it is
in the public interest that such information should continue to be
supplied.
In particular, the
report contains commercially sensitive informaiton in regards to the
development proposals..
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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 Special
Housing Area Programme for 2015
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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)(b)(ii) - The
withholding of the information is necessary to protect information where
the making available of the information would be likely unreasonably to
prejudice the commercial position of the person who supplied or who is the
subject of the information.
In particular, the
report contains commercially sensitive information and information that
could potentially give certain parties a commercial advantage if released.
s7(2)(c)(i) - The withholding
of the information is necessary to protect information which is subject to
an obligation of confidence or which any person has been or could be
compelled to provide under the authority of any enactment, where the making
available of the information would be likely to prejudice the supply of
similar information or information from the same source and it is in the
public interest that such information should continue to be supplied.
In particular, the
report contains commercially sensitive information and information that
could potentially give certain parties a commercial advantage if released.
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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 Downtown
Shopping Centre and Queen Elizabeth Square
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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 if disclosed could prejudice ongoing
commercial negotiations..
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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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4.19 pm The
public was excluded.
The meeting was adjourned at 4.19pm and
reconvened at 4.25pm.
4.52pm The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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5.1
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Public
Input - Dame Nganeko Minhinnick, Tahuna Minhinnick, Ngati Te Ata - Special
Housing Areas
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Resolution
number AUC/2015/36
MOVED by
Chairperson PA Hulse, seconded by Member DE Taipari:
That the
Auckland Development Committee:
a)
thank Dame Nganeko
Minhinnick, and Tahuna Minhinnick, Ngati Te Ata, for their public input
presentation regarding Special Housing Areas.
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Defer items
to another meeting
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Resolution
number AUC/2015/45
MOVED by
Chairperson PA Hulse, seconded by Cr MP Webster:
That the Auckland Development Committee:
a)
agree that Item C1 - Additional New Special
Housing Area Request - March 2015 Recommendation, Item C2 - Special Housing
Areas - March 2015 Recommendations, and Item C3 - Special Housing Area
Programme for 2015, be deferred until the next meeting of the Auckland
Development Committee scheduled to be held Thursday 16 April 2015 at 9.30am.
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C4
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Downtown Shopping Centre and Queen Elizabeth Square
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Resolution
number AUC/2015/46
MOVED
by Cr CE Fletcher, seconded by Cr RI Clow:
That the Auckland
Development Committee:
a) receive the
report.
b) note that decisions regarding Downtown Shopping Centre and Queen
Elizabeth Square, will be restated in the open section of the minutes, and
the agenda report will be made publicly available after the meeting as a
minutes attachment, with the exception of paragraphs 40-45 as they relate to
legally privileged information.
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Attachments
a 12 March 2015 - Auckland
Development Committee - Item C4 - Downtown Shopping Centre and Queen
Elizabeth Square
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4.52 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 Auckland Development Committee
HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
