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:

Tuesday, 31 March 2015

9.30am

Level 26
135 Albert Street
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
	Mr David Taipari
	Cr Wayne Walker
	Mr Glenn Wilcox
Ex-officio	Deputy Mayor Penny Hulse
	Mayor Len Brown, JP

(Quorum 3 members)

Louis Dalzell

Democracy Advisor

24 March 2015

Contact Telephone: (09) 890 8135

Email: louis.dalzell@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.

EXCLUSION OF THE PUBLIC – WHO NEEDS TO LEAVE THE MEETING

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Only staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Independent Māori Statutory Board (IMSB)

· Members of the IMSB who are appointed members of the meeting remain.

· Other IMSB members and IMSB staff remain if this is necessary in order for them to perform their role.

Council-controlled Organisations (CCOs)

· Representatives of a CCO can remain only if required to for discussion of a matter relevant to the CCO.

1 Apologies

Apologies from Cr AJ Anae, Cr C Darby and Deputy Mayor PA Hulse have 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.

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, 3 March 2015, 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

31 March 2015

Appointment of Independent Commissioners - Notice of Requirement for an alteration to Designation 167 - Weiti Crossing (Penlink) and associated applications for resource consent.

File No.: CP2015/03610

Purpose

1. To appoint independent commissioners to hear submissions received and to make a recommendation on the Notice of Requirement for an alteration to Designation 167 – Weiti Crossing (Penlink) (Auckland Council District Plan (Rodney Section)) and make decisions on the associated applications for resource consent.

Executive Summary

2. Auckland Transport (AT) has lodged a Notice of Requirement for an alteration (the Notice) to the existing designation for the Weiti Crossing (Penlink) and applications for associated resource consents.

3. AT is seeking the alteration to the Notice to provide for an increase to the level of service delivered by the existing designation from a two lane to a four lane arterial along the full 7 kilometre length of the project; to include six areas of land through minor boundary alterations; to amend the existing conditions to accurately reflect the changes; and to request an extended lapse period of 20 years.

4. Twelve applications for resource consents, associated with the proposed works under the alteration to the designation, were also lodged by AT at the same time as the Notice.

5. AT requested that the Notice and applications for the associated resource consents be processed in an integrated manner with full public notification. Public notification occurred on 5 March 2015.

6. A hearing may be required if submissions are received and those submitters wish to be heard at a hearing.

7. It is recommended that independent commissioners be appointed to hear submissions, to make a recommendation to the Requiring Authority (AT) on the Notice of Requirement and to make decisions on the applications for resource consent. However, in the event that no submissions are received, or if received the submitters do not wish to be heard, the matter will be referred to the commissioner appointed as chair, to make a recommendation and decisions. Independent commissioners are recommended as Auckland Transport is the requiring authority.

8. Given the range of matters that are likely to be considered at a hearing, it is recommended that the commissioners’ areas of expertise include planning (including designation and resource consent processes), traffic and effects associated with transport infrastructure, landscape, ecology, earthworks, stormwater, contamination, streamworks, diversion of surface water, coastal occupation and coastal works.

Recommendations

That the Hearings Committee:

a) appoint three independent commissioners, one to be the Chair, to hear submissions and make a recommendation on the Notice (ref: PA191 – Designation 167 – Weiti Crossing (Penlink)) and decisions on the applications for resource consent (refs: LAN-63657, REG-64134, REG-63666, COA-63667, LAN-63669, REG-63660, REG-63659, REG-63664, REG-63665, REG-63658, REG-63661, REG-63887) under section 171, 181 and 104 of the Resource Management Act 1991 (the “RMA”)

b) delegate authority to the chair appointed in (a) above to make a recommendation on the Notice (ref: PA191 – Designation 167 – Weiti Crossing (Penlink)) and decisions on the applications for resource consent (refs: LAN-63657, REG-64134, REG-63666, COA-63667, LAN-63669, REG-63660, REG-63659, REG-63664, REG-63665, REG-63658, REG-63661, REG-63887) should no submissions be received or where submissions are received and submitters do not wish to be heard and the Requiring Authority/applicant do not wish to be heard

c) delegate authority to the Chairperson of the Hearings Committee to make a replacement appointment should any of the independent commissioners be unavailable.

Comments

Background to Penlink

9. Penlink is a legacy project first developed by the former Rodney District Council over 15 years ago. The project provides a link between State Highway 1 (SH1) at the west (at Redvale) and the Whangaparaoa Peninsula to the east. The existing designation and conditions generally allow for a 7 kilometre arterial road connection with:

· Two lanes (single lane in each direction);

· A 540 metre bridge over the Weiti River providing for up to three lanes (one a peak flow tidal lane) and public walkway/cycleway on one side of the bridge;

· Electronic tolling and toll structure at Redvale;

· Pedestrian linkages across the Whangaparaoa Road intersection and Duck Creek Road;

· Vehicle access from the sites currently known as “Weiti Station” and “Weiti Forest Park”; and

· Two-way access to the Stillwater community.

10. Since the existing designation was confirmed, and the original resource consents granted for its construction, Auckland Transport has undertaken ongoing investigation into Penlink. This investigation was in response to planned future growth and development in Whangaparaoa, Silverdale and Redvale, along with the implications of this growth on the level of service on the Hibiscus Coast Highway, Whangaparaoa Road and a two lane Penlink alignment. As a result of this investigation the proposed design of Penlink is now as follows:

· Four lanes (two lanes in each direction)

· Reconfiguration of the Redvale interchange to future proof for the northern busway and not preclude north facing ramps or a connection to the west;

· Local road connections provided to the Weiti Station/Weiti Forest park developments and to Duck Creek Road, Stillwater;

· Provision to accommodate cyclists including a separated shared path from Whangaparaoa Road to Duck Creek Road and 2.5m shoulders along the route; and

· Relocation of the toll gantry from near the Redvale interchange to the eastern side of the Weiti Crossing (approx. 400 metres from the Whangaparaoa end of the route).

11. The proposed design, as described above, is shown in the attached Operation Scheme Plans (refer to Attachment A).

Details of the Notice of Requirement

12. Auckland Transport is seeking an alteration to the existing designation for the following reasons:

· To provide for an increase to the level of service delivered by the existing Penlink designation from a two lane to a four lane arterial along the full 7 kilometre length of the project;

· To include six areas of land through minor boundary alterations of the existing designation;

· To amend some of the conditions applying to the existing designation to accurately reflect the proposed changes in design and to update to current standards (e.g. noise); and

· To extend the lapse period to 20 years.

Details of the Resource Consents

13. A number of resource consents are required to construct Penlink. There are existing operative permits that allow works within the Coastal Marine Area (CMA) for the construction of a three lane bridge across the Weiti River and enable operational stormwater discharges for the designated two lane road.

14. AT has lodged applications for the following consents:

· LAN-63657: Discharge of contaminants pursuant to the NES Contaminated Soil.

· REG-64134: Discharge of contaminants due to land disturbance.

· REG-63666: Earthworks.

· COA-63667: Coastal occupation, coastal use, coastal works and disturbance and removal of mangroves.

· LAN-63669: s125 extension of lapsing period and s127 change of consent condition for consent permit 23103 (Coastal Occupation).

· REG-63660: Reclamation.

· REG-63659: Vegetation removal within a Significant Ecological Area.

· REG-63664: Diversion of permanent stream or river to a new course.

· REG-63665: Structures in, on, under or over the beds of rivers and streams, reclamation of a permanent river or stream and culverts.

· REG-63658: Discharge permit for new impervious surface discharge and discharge within a SMAF.

· REG-63661: Stormwater outfall structures and erosion control structures.

· REG-63887: Diversion of groundwater.

15. Overall, resource consent is required for a mixture of restricted discretionary, discretionary and non-complying activities. The consent applications provide for the enabling works and the longer term management of stormwater and discharges, as well as the occupation of the coastal marine area.

Consideration

General

16. The recommendations contained in this report fall within the Hearing Committee’s delegated authority, as outlined in clause 4.2.4 of the Hearings Committee Policy. Section 4.2.2 states that in determining who is the most appropriate decision maker, the committee will take into account the significance of the particular matter.

17. There has been high public interest, especially from local residents of Whangaparaoa Peninsula and Stillwater, in the Penlink Project in the past. Whilst there is an existing designation, and resource consents for works within the CMA and for stormwater discharge, which already allow for a certain level of works to be undertaken, it is likely that the Notice and applications for resource consent will continue to generate interest. Penlink has also recently been subject to the Long Term Plan and the draft Regional Land Transport Plan processes.

18. Given the potential interest in the project, with AT as a Council-Controlled Organisation (CCO) being the applicant, it is therefore recommended that independent commissioners be appointed to hear submissions and to make a recommendation on the Notice and decisions on the resource consents.

19. The appointment of commissioners to hear the Notice and resource consents will also meet the requirements of Section 103(2) of the RMA which applies to hearings in respect of two or more applications.

Local Board views and implications

20. This report is to request the Hearings Committee to appoint a Hearing Panel which is not a matter within the delegated authority of the Local Board.

21. As AT requested that the Notice and applications for resource consent be fully notified, the local board’s view on notification was not required. However, an information memo, dated 2 March 2015, was forwarded to the Hibiscus and Bays Local Board providing details on the alteration to the designation and the associated resource consents and the designation process.

22. In addition, AT has stated in the Notice and Assessment of Environmental Effects (AEE) that consultation on the revised design has been undertaken with the Hibiscus and Bays Local Board.

Māori impact statement

23. Section 8.3 of AT’s AEE report discusses the consultation, including engagement with mana whenua, that was undertaken for this phase of the project.

24. Letters were sent to the relevant iwi groups^{^[1]}, as identified by Auckland Council has having Mana Whenua status, to introduce the project and seek feedback on whether mana whenua wished to be involved further in the project, including the preparation of a Cultural Values Assessment.

25. Four of the fourteen iwi authorities, Te Kawerau a Maki, Ngāti Manuhiri, Ngāti Whātua o Orakei and Ngāti Whātua o Kaipara, confirmed an interest in being involved in the project. Another four, Ngāti Maru, Ngāti Wai, Te Akitai Waiohua and Te Patukirikiri, requested to be kept informed but did not seek further involvement. Ngāti Whātua o Kaipara confirmed they had no interest in the project.

26. After further consultation, AT received a joint Cultural Impact Assessment (CIA) from Te Kawerau a Maki and Ngāti Manuhiri and this has been included in AT’s AEE.

27. In addition, all fourteen iwi authorities have been individually notified of the Notice and the resource consent applications when the applications were publicly notified on 5 March 2015.

Implementation

28. There are no financial costs or legal implications beyond those usually associated with the appointment of independent commissioners. The costs of processing the Notice and applications for resource consents, including the costs of independent commissioners, are recoverable from the Requiring Authority/applicant.

Attachments

No.	Title	Page
a View	Operation Scheme Plans (Penlink)	15

Signatories

Authors

Jo Hart - Planner - Planning North/West

Tim Hegarty - Senior Planner - Major Infrastructure Projects

Authorisers

Julie Bevan - Acting General Manager Resource Consents

Penny Pirrit - GM - Plans & Places

Hearings Committee

31 March 2015

Appointment of Independent Commissioners: Application for resource consent - proposed mixed use development at 317-319 New North Road and 20 & 22 Aitken Terrace, Kingsland, Auckland 1021

File No.: CP2015/03928

Purpose

1. To appoint independent commissioners to make decisions under section 104 of the Resource Management Act 1991 (RMA) on an application for resource consent to establish a mixed use development at 317-319 New North Road and 20 & 22 Aitken Terrace, Kingsland, Auckland 1021.

Executive Summary

2. In June 2014 Auckland Council received an application for resource consent from Joint Investments Holdings Limited for the redevelopment of the properties at 317-319 New North Road and 20 & 22 Aitken Terrace, Kingsland (the site). Redevelopment of the site will accommodate: 68 residential units; 1,200m² of commercial floor space (office, retail and showroom); a public plaza; a through-site link; and four levels of basement car parking (289 car parking spaces).

3. Two alternative options of the proposed development were publicly notified on 19th December 2014, reflecting two different built forms (either two buildings at seven storeys in height, or two buildings varying from six to eight storeys in height). The applicant is currently revising the proposed development further to address issues raised in submissions in relation to streetscape, dominance and residential amenity.

4. The proposal will result in a scale and intensity of development well beyond what the Operative District Plan rules for the site allow. The application therefore has policy implications and falls into the ‘significant’ category as defined by the Hearings Committee’s ‘Hearings Policy’.

5. This application has been submitted to the Hearings Committee to appoint independent commissioners as decision makers under section 104 of the RMA.

Recommendations

That the Hearings Committee:

a) appoint three independent commissioners and a local board representative from an adjacent local board area to hear submissions and determine the application for resource consent by Joint Investments Holdings Limited, to develop the site at 317-319 New North Road and 20 & 22 Aitken Terrace, Kingsland, under section 104 of the Resource Management Act 1991.

b) delegate authority to the Chairperson of the Hearings Committee to make replacement appointments should any of the independent commissioners or the local board representative in (a) above be unavailable.

Comments

Site History and Local Context

6. The site consists of three lots and is zoned Mixed Use under the Operative District Plan (Auckland City Isthmus Section 1999). The site is currently occupied by commercial offices, a café and car parking areas. The site is often referred to as the ‘Kiwi Bacon’ site, due to the location of the Kiwi Bacon factory on this site in the past.

7. The site is located between New North Road and Aitken Terrace and is subject to two differing streetscapes. New North Road is a busy arterial route and this part of New North Road accommodates a range of commercial and light industrial activities. Whereas Aitken Terrace is residential in nature (particularly to the north) and is characterised by period dwellings, with some office and light industrial activities to the south. The site is located in close proximity to Kingsland, the CBD and public transport links.

The Proposal

8. Resource consent for a discretionary activity is sought to construct two new buildings (and associated works) accommodating:

· 68 residential apartments.

· 1,200m² of commercial floor space (retail, office and showroom).

· A public plaza.

· A through-site link.

· Four levels of basement car parking (289 car parking spaces).

· Construction of new buildings ranging from five to eight storeys in height.

9. The resource consent also involves regional matters including groundwater diversion, contamination and earthworks.

10. A site plan and drawings of the proposed development options (as notified) are attached to this report as Attachments A, B (design option one) and C (design option two).

Notification

11. The application for resource consent was publicly notified on 19 December 2014 at the request of the applicant. Submissions closed on 9 February 2015 and 12 submissions were received (two in support and 10 in opposition).

12. Since the close of the submissions, the applicant has been considering further design changes to address concerns about adverse effects on the streetscape and residential amenity. The changes involve reducing the height of one of the buildings and relocating this floor area to another part of the site. Initial assessment of the proposed changes by council officers is that these will be within scope of the notified development, however the final decision on this will be determined by the independent commissioners.

13. Further information has also been supplied by the applicant in terms of contamination, with further information still to be provided in relation to earthworks, groundwater and privacy.

Consideration

General

14. The Hearings Committee has adopted a hearings policy that, at section 4.2, refers to “Allocation of decision making responsibility between elected members, independent commissioners and staff”. Section 4.2.2 states that in deciding who is the most appropriate decision maker, the Hearings Committee will take into account recommendations from council officers, the significance of a particular matter and whether it is contentious.

15. As outlined in the executive summary the application falls into the definition of significant due to its policy implications / conflicts with the Operative District Plan provisions for this site. Specifically this application seeks to change the use of land to a scale and intensity of commercial and residential activity not envisaged by the Operative District Plan for the Mixed Use zone. Therefore, in accordance with the Hearings Committee policy, it is suggested that the Hearings Committee appoint independent commissioners as decision-makers for this application. It is recommended that the commissioners appointed have planning and urban design expertise.

Local Board views and implications

16. The Albert-Eden Local Board Planning Spokesperson was briefed of the proposal on 24 November 2014. No comments were received from the local board in relation to the application for resource consent.

Māori impact statement

17. As part of the resource consent process the applicant has engaged with iwi for the Albert-Eden area. The applicant notified iwi of the proposal on 31 July 2014 (via email) and has met with several iwi to discuss the project and discussions are still occurring as to whether a Cultural Impact Assessment is required for these iwi. Several iwi did not respond and those who did respond discussed matters such as accidental discovery protocols, native planting, stormwater management and cultural monitoring. No submissions to the application from iwi have been received by the Council.

Implementation

18. There are no financial or legal implications beyond those normally associated with the appointment of hearing commissioners. The costs of the hearing commissioners will be met by the applicant.

Attachments

No.	Title	Page
a View	Proposed site plan	25
b View	Proposed elevations (design option one)	27
c View	Proposed elevations (design option two)	31

Signatories

Authors

Peter Kensington - Principal Planner, Hearings and Resolutions

Robert Andrews - Resolutions Team Manager

Authorisers

Julie Bevan - Acting General Manager Resource Consents

Penny Pirrit - GM - Plans & Places

Hearings Committee

31 March 2015

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 New Resource Consent Appeals - Proposed construction and operation of a retirement village at 187 Campbell Road, Greenlane, Auckland:
Melton v Auckland Council (ENV-2015-AKL-000043); and
Ryman Healthcare Limited v Auckland Council (ENV-2015-AKL-000044)

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