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Hearings
Committee
03 March 2015
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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.
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Precedence of Business
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Resolution number HEA/2015/18
MOVED by Chairperson LA Cooper, seconded by Cr AJ Anae:
That the
Hearings Committee:
a)
agree that item 8, Waterview Shared Path NoR and Resource Consents - Appointment of
Commissioners, and item 9, Appointment of Commissioners - Private Plan Changes 372 and 373 to
the Auckland Council District Plan - Auckland City Isthmus Section 1999, be accorded precedence at this time.
CARRIED
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8
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Waterview Shared Path NoR and Resource Consents - Appointment of
Commissioners
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Resolution
number HEA/2015/19
MOVED by Member G Wilcox, seconded by Member DE
Taipari:
That the
Hearings Committee:
a) appoint
a panel of three independent commissioners, Mark Farnsworth, Chair,
Melean Absolum, and Ian Munro to hear submissions and make a recommendation
on notice of requirement 374 for the Waterview Shared Path
b) appoint
the same panel of independent commissioners in recommendation (a)
above to hear submissions and make a decision on the application for resource
consents LUC/2014/4855 R/REG/2014/4810 and
R/REG/2014/4811
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.
CARRIED
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9
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Appointment of Commissioners - Private Plan Changes 372 and 373 to
the Auckland Council District Plan - Auckland City Isthmus Section 1999
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Resolution number HEA/2015/20
MOVED
by Member DE Taipari, seconded by Deputy Chairperson MP Webster:
That the
Hearings Committee:
a) appoint
a panel of four independent commissioners Kitt Littlejohn, Chair,
William Kapea, Nigel Mark-Brown, and Rebecca Skidmore to hear submissions and
make a decision on private plan changes 372 and 373 to the operative Auckland
Council District Plan - Auckland City Isthmus Section 1999
b) delegate
authority to the Chair of the Hearings Committee to make replacement
appointments in the event that any of the appointed commissioners
in (a) above are unavailable.
CARRIED
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Cr C Darby entered the meeting at 1.38
pm.
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7
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Objection against a noise abatement notice
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Ms Michelle
Campbell and her son Mr Bronson Webb were in attendance to address the
committee concerning Ms Campbell’s objection against the noise abatement
notice.
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Resolution number HEA/2015/21
MOVED
by Member DE Taipari, seconded by Cr AJ Anae:
That the Hearings
Committee:
a)
hear the objection to the noise
abatement notice by the owner Ms Campbell pursuant to section 55 of Dog
Control Act 1996
b)
agree to determine the objection to the
noise abatement notice in the confidential section of the meeting.
CARRIED
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10
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Appointment of Independent Commissioners: Application for resource
consent for partial demolition, 9 London Street, St Marys Bay
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Resolution number HEA/2015/22
MOVED
by Member DE Taipari, seconded by Deputy Chairperson MP Webster:
That the Hearings
Committee:
a) appoint
the rostered independent duty commissioner, and appoint John Hill (or Richard
Knott as an alternative) as heritage commissioner to sit with the duty
commissioner, to make a notification decision on the application for resource
consent to demolish a pre-1944 building in the
Residential 1 zone at 9 London Street, St Marys Bay, pursuant to section 95 of the Resource Management Act 1991 (“the
RMA”)
b) approve
that in the event the decision reached in (a) above is that the application
proceeds on a non-notified basis or otherwise does not require a hearing, the same commissioners as in (a) above be appointed to make a substantive decision on the application
pursuant to section 104 of the RMA
c) approve
that in the event the decision reached in (a) above is that the application
proceeds on a notified basis and a hearing is required, the same
commissioners as in (a) above and a local board representative from an
adjacent local board area be appointed to hear submissions and make a substantive decision on the application, pursuant to section 104 of the RMA
d) delegate
authority to the chairperson of the Hearings Committee to appoint a local
board representative if a hearing is required and make replacement
appointments should any of the independent commissioners in (a) – (c) above
be unavailable.
CARRIED
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12 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
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13 Procedural
motion to exclude the public
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Resolution
number HEA/2015/24
MOVED by Cr CM Penrose, seconded by Member DE
Taipari:
That the
Hearings Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The
general subject of each matter to be considered while the public is excluded,
the reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This
resolution is made in reliance on section 48(1)(a) of the Local Government
Official Information and Meetings Act 1987 and the particular interest or
interests protected by section 6 or section 7 of that Act which would be
prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public, as follows:
C1 Appeals to a
decision by Auckland Council relating to Auckland Council District Plan
Operative Auckland City Isthmus Section 1999 Plan Change 339 - Volcanic
Viewshafts
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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).
The report contains matters
that are subject to without prejudice 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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C2 New Resource
Consent Appeal: Craddock Farms Limited v Auckland Council - 254 Patumahoe
Road, Patumahoe
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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 relating to an environment court appeal, and
the disclosure of information may prejudice the councils position in
regards to negotiations and the potential settlement of the appeal.
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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 Deliberations
on an objection against a noise abatement notice
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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)(f)(ii) - The
withholding of the information is necessary to maintain the effective
conduct of public affairs through the protection of such members, officers,
employees and persons from improper pressure or harassment.
In particular, the protection of
such members, officers, employees, and persons from improper pressure or
harassment while deliberating whether or not to uphold the noise abatement
notice.
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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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2.30pm 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.
3.06pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
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C1
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Appeals to a decision by Auckland Council relating to Auckland
Council District Plan Operative Auckland City Isthmus Section 1999 Plan
Change 339 - Volcanic Viewshafts
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The Hearings
Committee agreed that the decisions and report regarding ‘Appeals to a
decision by Auckland Council relating to Auckland Council District Plan
Operative Auckland City Isthmus Section 1999 Plan Change 339 - Volcanic
Viewshafts’, not be re-stated in the open section of the minutes.
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C2
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New Resource Consent Appeal: Craddock Farms Limited v Auckland
Council - 254 Patumahoe Road, Patumahoe
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The Hearings
Committee agreed that the decisions, report and attachment regarding ‘New
Resource Consent Appeal: Craddock Farms Limited v Auckland Council - 254
Patumahoe Road, Patumahoe’, not be re-stated in the open section of the
minutes.
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C3
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Deliberations on an objection against a noise abatement notice
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The Hearings Committee agreed that the
decision under a) not be restated in the open section of the minutes, but be
made publicly available within 7 days.
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3.07 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:........................................................
