I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 5 May 2015

2.00pm

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

 

 

David Taipari

 

 

Cr Wayne Walker

 

 

Glenn Wilcox

 

Ex-officio

Mayor Len Brown, JP

 

 

Deputy Mayor Penny Hulse

 

 

(Quorum 3 members)

 

 

 

Louis Dalzell

Democracy Advisor

 

28 April 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.

 

 


Hearings Committee

05 May 2015

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Confirmation of Minutes                                                                                               7

4          Local Board Input                                                                                                          7

5          Extraordinary Business                                                                                                7

6          Notices of Motion                                                                                                          8

7          District and Regional Plans Appeal Status Report at 30 April 2015                        9

8          Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 15 April 2015                                                                                  19

9          Noting the urgent decision of 23 April 2015: 84 Laurel Oak Drive, Albany          29

10        Noting the urgent decision of 23 April 2015: Applications of resource consents by Precinct Properties Ltd for the Downtown Shopping Centre re-development   49

11        Noting the urgent decision of 23 April 2015: Resource consent application by Waterfront Auckland for the installation of a public artwork at the northern end of Queens Wharf, Auckland Central                                                                                                         57  

12        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

13        Procedural Motion to Exclude the Public                                                                 59

C1       Report Back on Proposed Settlement of Appeals to Plan Change 123 (Rodney Section) Hibiscus Coast Gateway                                                                                             59

C2       Resource Consent Appeal:  Hurst v Auckland Council (ENV-2015 AKL-000067) - 6 Westend Road, Herne Bay                                                                                          59

C3       Resource Consent Appeals: Status Report 5 May 2015                                         60

C4       Noting the urgent decision of 17 April 2015: Resource Consent Appeal: Hillman White Limited v Auckland Council                                                                                       60

C5       Noting the urgent decision of 23 April 2015: Resource Consent Appeal: Fordyce Road Development Limited v Auckland Council                                                               60  

 


1          Apologies

 

Apologies from Deputy Mayor PA Hulse and Cr WD Walker 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, 31 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

05 May 2015

 

 

District and Regional Plans Appeal Status Report at 30 April 2015

 

File No.: CP2015/06670

 

  

Purpose

1.       To receive an update on the current status of outstanding appeals region wide.

Executive Summary

2.       This report provides a summary of current district and regional plan appeals (refer Attachment A).  Should members have detailed questions concerning specific appeals, it would be helpful if they could be raised with Warren Maclennan – (Mobile 021 646590), or email warren.maclennan@aucklandcouncil.govt.nz, prior to the meeting.

 

Recommendation

That the Hearings Committee:

a)      receive the District and Regional Plans Appeal Status Report.

Discussion

3.       The summary table is attached as Attachment A.

Consideration

Local Board Views and Implications

4.       Local Board views have not been sought.

Māori Impact Statement

5.       The decision requested of the Hearings Committee is to receive this progress report on appeals rather than to decide each appeal.

6.       All of these appeals relate to Plan Changes or Notices of Requirement which are being processed according to the Resource Management Act.  As each appeal is negotiated or settled, a report is prepared for the Committee’s consideration which includes a Māori Impact Statement covering matters related to each specific matter.

General

7.       There are no further matters requiring consideration.

Implementation Issues

8.       There are no implementation issues.

 

Attachments

No.

Title

Page

aView

Region-wide Appeals Status Report at 30 April 2015

11

      

Signatories

Author

Warren Maclennan - Manager Planning - North/West

Authoriser

Penny Pirrit - GM - Plans & Places


Hearings Committee

05 May 2015

 

 









Hearings Committee

05 May 2015

 

 

Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 15 April 2015

 

File No.: CP2015/06531

 

  

 

Purpose

1.       To advise the Hearings Committee of the decisions made under delegated authority to appoint local elected members to the Accord Territorial Authority Panel (ATA Panel) to consider two Special Housing Area (SHA) plan variations.

Executive Summary

2.       Murray Kay, member of Franklin Local Board was appointed to the ATA Panel to consider the Wesley College SHA Proposed Plan Variation 3 and concurrent qualifying development consent application.

3.       Lisa Whyte, Deputy Chair of the Upper Harbour Local Board was appointed to the ATA Panel to consider the Scott Point SHA Proposed Plan Variation 2 and concurrent qualifying developments consent application.

4.       The authority to appoint local elected members to the ATA Panel was delegated from the Hearings Committee (HEA/2015/3) to the Chairperson of the Hearings Committee, Councillor C Penrose, and one Independent Māori Statutory Board member of the Hearings Committee.

5.       The decisions were made by Chairperson Linda Cooper, Councillor Calum Penrose and Member Glenn Wilcox on 15 April 2015.

 

Recommendation

That the Hearings Committee:

a)      note the decisions to appoint local elected members Murray Kay and Lisa Whyte to the Accord Territorial Authority Panel to consider two Special Housing Area`            ` plan variations.

 

 

Attachments

No.

Title

Page

aView

Wesley College Special Housing Area - Appointment of Local Elected Member to Accord Territorial Authority hearings panel

21

bView

Scott Point Special Housing Area - Appointment of Local Elected Member to Accord Territorial Authority hearings panel

25

     

Signatories

Author

Louis Dalzell - Democracy Advisor

Authoriser

Penny Pirrit - GM - Plans & Places

 


Hearings Committee

05 May 2015

 

 




Hearings Committee

05 May 2015

 

 




Hearings Committee

05 May 2015

 

 

Noting the urgent decision of 23 April 2015: 84 Laurel Oak Drive, Albany

 

File No.: CP2015/07212

 

  

 

Purpose

1.       To advise the Hearings Committee of the decision made under urgency to accept the request for resource consent application to proceed directly to the Environment Court.

Executive Summary

2.       The decision was made to accept the request by Third Fairway Developments Limited for direct referral of their application for resource consents to the Environment Court.

3.       The decision was made under urgency under Section 2 and 5.1.1 of the Hearings Committee policy and terms of reference.

4.       This urgency was necessary because the Environment Court required a report as to the council’s position by 28 April 2015.

5.       The decision was made by Chairperson Linda Cooper, Deputy Chairperson Penny Webster and Member Glenn Wilcox on 23 April 2015.

 

Recommendation

That the Hearings Committee:

a)      note the decision to accept the request by Third Fairway Developments Limited for direct referral of their application for resource consents to the Environment Court.

 

 

Attachments

No.

Title

Page

aView

Determination of a request for direct referral to the Environment Court by Third Fairway Development Limited on an application for resource consents at 84 Laurel Oak Drive, Albany

31

     

Signatories

Author

Louis Dalzell - Democracy Advisor

Authoriser

Penny Pirrit - GM - Plans & Places

 


Hearings Committee

05 May 2015

 

 


















Hearings Committee

05 May 2015

 

 

Noting the urgent decision of 23 April 2015: Applications of resource consents by Precinct Properties Ltd for the Downtown Shopping Centre re-development

 

File No.: CP2015/07235

 

  

 

Purpose

1.       To advise the Hearings Committee of the decision made under urgency to appoint independent commissioners to make decisions on resource consent applications by Precinct Properties Limited for the Downtown Shopping Centre re-development.

Executive Summary

2.       David Hill was appointed to make decisions on the notification of the resource consent application and a determination if the application proceeds on a non-notified basis or otherwise does not require a hearing.

3.       In the event the application proceeds on a notified basis and a hearing is required, Rebecca Skidmore, Kitt Littlejohn, and Basil Morrison were appointed with David Hill (Chair) to hear submissions and make a decision on the application.

4.       The decision was made under urgency under Section 2 and 5.1.1 of the Hearings Committee policy and terms of reference.

5.       This urgency was necessary because notification decisions within statutory timeframes were necessary before the next meeting of the Hearings Committee on 5 May 2015.

6.       The decision was made by Chairperson Linda Cooper, Deputy Chairperson Penny Webster and Member Glenn Wilcox on 23 April 2015.

 

Recommendation

That the Hearings Committee:

a)      note the decision to appoint David Hill, Rebecca Skidmore, Kitt Littlejohn and Basil Morrison to make decisions on resource consent applications by Precinct Properties Limited for the Downtown Shopping Centre re-development.

 

 

Attachments

No.

Title

Page

aView

Appointment of Independent Commissioners: Applications of resource consents by Precinct Properties Ltd for the Downtown Shopping Centre re-development

51

     

Signatories

Author

Louis Dalzell - Democracy Advisor

Authoriser

Penny Pirrit - GM - Plans & Places

 


Hearings Committee

05 May 2015

 

 






Hearings Committee

05 May 2015

 

 

Noting the urgent decision of 23 April 2015: Resource consent application by Waterfront Auckland for the installation of a public artwork at the northern end of Queens Wharf, Auckland Central

 

File No.: CP2015/07262

 

  

 

Purpose

1.       To advise the Hearings Committee of the decision made under urgency regarding the resource consent application by Waterfront Auckland for the installation of a public artwork at the northern end of Queens Wharf.

Executive Summary

2.       Members of the Hearings Committee under delegated authority decided the application by Waterfront Auckland to install public artwork at the northern end of Queens Wharf, Auckland Central, shall be processed on a publicly-notified basis.

3.       The decision was made under urgency under Section 2 and 5.1.1 of the Hearings Committee policy and terms of reference.

4.       The decision was made by Chairperson Linda Cooper, Deputy Chairperson Penny Webster and Member Glenn Wilcox on 23 April 2015.

 

Recommendation

That the Hearings Committee:

a)      note the decision that the application by Waterfront Auckland to install public artwork at the northern end of Queens Wharf, Auckland Central, shall be publicly-notified.

 

 

Attachments

No.

Title

Page

aView

Decision on notification of a resource consent application by Waterfront Auckland for the installation of public artwork and supporting documents (Under Separate Cover)

 

     

Signatories

Author

Louis Dalzell - Democracy Advisor

Authoriser

Penny Pirrit - GM - Plans & Places

      

 


Hearings Committee

05 May 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       Report Back on Proposed Settlement of Appeals to Plan Change 123 (Rodney Section) Hibiscus Coast Gateway

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

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.

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 Environmental Court Appeal, and the disclosure of information may prejudice the council's position in regards to negotiations for the potential settlement of the appeal.

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.

 

C2       Resource Consent Appeal:  Hurst v Auckland Council (ENV-2015 AKL-000067) - 6 Westend Road, Herne Bay

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

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.

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 could compromise the council in undertaking without prejudice negotiations of this appeal that is before the Environment Court.

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.

 

 

 

 

 

C3       Resource Consent Appeals: Status Report 5 May 2015

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

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.

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.

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.

 

C4       Noting the urgent decision of 17 April 2015: Resource Consent Appeal: Hillman White Limited v Auckland Council

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

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.

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 council's position in regards to negotiations and the potential settlement of the appeal.

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.

 

C5       Noting the urgent decision of 23 April 2015: Resource Consent Appeal: Fordyce Road Development Limited v Auckland Council

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

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.

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 council's position in regards to negotiations and the potential settlement of the appeal.

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.