|
Hearings
Committee
02 June 2015
|
|
1 Apologies
2 Declaration of Interest
Cr GS Wood declared an interest in Item 14, Appointment of
Independent Commissioners: Application for resource consents by Harbour Access
Trust – Proposed Community Marine Activity Hub, at 22 The Promenade, Takapuna
Beach.
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.
|
7
|
Opposition to Council’s refusal to grant a multiple dog licence
|
|
|
This item was withdrawn and the hearing
did not proceed.
|
|
8
|
Determination by the Hearings Committee of an Objection to
Proposed Stormwater Connection at 37A Hayr Road to service 31 Hayr Road Three
Kings
|
|
|
Mr Michael
Sin, as agent for the applicant, provided a verbal presentation and table
documents in support. A copy has been placed on the official minutes and is
available on the Auckland Council website as a minutes attachment.
Also in
attendance was Mr Young Wu, the applicant, Mr Graeme Raymond, Ms Shelley
Vogel, Mr Paul Williams, Mr Keith Knarston, Mr Glen Cheung and Mr Mike Hu.
Mr Madhav
Karmarkar, the objector, provided a verbal presentation.
|
|
|
Cr WD Walker entered the meeting at
2.04 pm.
Cr C Darby
entered the meeting at 2.12 pm.
|
|
|
Resolution number HEA/2015/54
MOVED
by Cr AJ Anae, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) hear the
objection by the owner of 37A Hayr Road, Three Kings pursuant to section 460
and Schedule 12 of the Local Government Act 1974.
b)
agree to determine the objection by the owner of 37A Hayr Road, Three Kings pursuant
to section 460 and Schedule 12 of the Local Government Act 1974 in the confidential section of the meeting.
CARRIED
|
|
|
Attachments
a 2 June 2015 - Hearings
Committee - Item 8 - Determination by the Hearings Committee of an Objection
to Proposed Stormwater Connection at 37A Hayr Road to service 31 Hayr Road
Three Kings - tabled document of applicant
|
|
9
|
Designation of independent commissioners as duty commissioners to
determine resource consent applications and section 357 objections
|
|
|
Resolution number HEA/2015/55
MOVED
by Cr CM Penrose, seconded by Cr C Darby:
That the Hearings
Committee:
a) designate, in accordance with clause 4.2.7 of the Hearings
Committee Policy, the following 12 Independent Commissioners to act as Duty
Commissioners for the period from 1 July 2015 until 30 June 2016:
i) Janine Bell
ii) Kathleen Ryan
iii) Justine Bray
iv) Les Simmons
v) Mark Farnsworth
vi) Alan Watson
vii) Jenny Hudson
viii) Richard Blakey
ix) Barry Kaye
x) Robert Scott
xi) Cherie Lane
xii) Dave
Serjeant
b) approve in
accordance with clause 5.2 of the Hearings Committee Policy, the Duty
Commissioners listed in a above to be used for assigning by the Resolutions
Team Principal Planners and Manager for the purpose of hearing and
determining 357 objections.
c) delegate in
accordance with clause 4.2.8 of the Hearings Committee Policy, to the
Resolutions Team Principal Planners and Manager the authority to assign one
or more Duty Commissioners to make decisions on resource consent applications
that staff consider are not significant or contentious and where no hearing
is required.
d) delegate
in accordance with clause 4.2.8 of the Hearings Committee Policy, to the
Resolutions Team Principal Planners and Manager the authority to assign additional commissioners beyond the “duty” group but from
the approved list of Independent Commissioners, as may be necessary depending
on particular skills or knowledge required for a particular resource consent
application or section 357 objection determination.
CARRIED
|
|
10
|
Recruitment of further independent commissioners
|
|
|
Resolution number HEA/2015/56
MOVED
by Cr CM Penrose, seconded by Chairperson LA Cooper:
That the Hearings
Committee:
a) approve the
review and appointment process for specific independent commissioners to
supplement the current commissioner pool until 30 June 2017.
b) delegate to
the chairperson and the deputy chairperson of the Hearings Committee the
authority to appoint a selection panel, comprising as a minimum, a senior
manager from Democracy Services, a senior manager from Resource Consents, a
member of the Independent Maori Statutory Board or staff member nominated by
the Independent Māori Statutory Board and one of the chairs of the Auckland Urban
Design Panel.
c) note that
the role of the selection panel is to identify, advertise for and interview a
small number of commissioner candidates with urban design, planning and iwi
specialist skills, given that these skills have been in shortage in the
current pool.
d) request that the selection panel provide a list of preferred
candidates in a report to the Hearings Committee by September 2015, for
approval to contract as additional commissioners.
CARRIED
|
|
11
|
Performance Development Framework for independent commissioners
|
|
|
Cr C Darby
left the meeting at 3.05 pm.
|
|
|
The final
version of the Performance development framework: independent commissioners
was tabled at the meeting. A copy has been placed on the official minutes and
is available on the Auckland Council website as a minutes attachment.
|
|
|
Resolution number HEA/2015/57
MOVED
by Cr WD Walker, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) approve the performance
development framework for independent planning commissioners.
CARRIED
|
|
|
Attachments
a 2 June 2015 - Hearings
Committee - Item 11 - Performance development framework: independent
commissioners
|
|
12
|
Processes for determination of demolition resource consent
applications within the Residential 1 Zone of the Operative Auckland Council
District Plan – Auckland City Isthmus Section
|
|
|
Resolution number HEA/2015/58
MOVED
by Cr CM Penrose, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) designate
under clause 4.2 of Hearings Committee Policy, that resource consent
applications involving the demolition or removal of, pre-1940 buildings
within the Residential 1 Zone of the Operative Auckland Council District Plan
– Auckland City Isthmus Section, and proposed scheduled buildings within the
Proposed Auckland Unitary Plan, be determined by two independent
commissioners as set out below, being:
i) the Duty Commissioner (as chair) at the time in which the application
is ready to be determined, being one of either:
· Janine Bell
· Barry Kaye
· Les Simmons
· David Hill
· Richard Blakey
ii) And one of either:
· John Hill
· Richard Knott
· Cherie Lane.
b) assign the
above duty commissioners in (a) above, in accordance with clauses 5.2 of
Hearings Committee Policy to such applications subject to availability at
short notice.
c) delegate to
the Team manager – Resolutions the assignment of one alternate commissioner
beyond this duty group, but from the list of independent commissioners if
necessary, to cover a particular skill or knowledge associated with a
particular resource consent.
d) note that
this delegation does not prevent applications clearly of a minor nature being
determined at a staff level.
CARRIED
|
|
13
|
Appointment of Independent Commissioners: Application for resource
consent - Establish a public artwork on the northern end of Queens Wharf,
85-89 Quay Street, Auckland 1021
|
|
|
Resolution number HEA/2015/59
MOVED
by Cr AJ Anae, seconded by Cr CM Penrose:
That the Hearings
Committee:
a) appoint Leigh
McGregor (chair), Robert Scott and Bill Kapea to hear submissions and
determine the application for resource consent by Waterfront Auckland, to
establish a public artwork on the northern end of Queens Wharf, Auckland
Central under section 104 of the Resource Management Act 1991.
b) delegate to
the chair to determine the application, if no submissions are received or the
application otherwise does not require to be heard.
c) delegate
authority to the chairperson of the Hearings Committee to make replacement
appointments should any of the independent commissioners in (a) above be
unavailable.
CARRIED
|
|
14
|
Appointment of Independent Commissioners: Application for resource
consents by the Harbour Access Trust – Proposed Community Marine Activity
Hub, at 22 The Promenade, Takapuna Beach
|
|
|
Resolution number HEA/2015/60
MOVED
by Cr CM Penrose, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) appoint a panel of Karyn
Sinclair (chair), Rebecca Macky, Melean Absolum and local board member Lisa
Whyte, to hear submissions and make a decision under section 104 of the
Resource Management Act 1991 on the application for resource consents
(LCO-2140694, REG-2140695, REG-2140696 and REG-2140847) to develop the
proposed Community Marine Activity Hub at 22 The Promenade, Takapuna Beach.
b) delegate to the Chairperson
of the Hearings Committee the authority to make replacement appointments
should any of the commissioners or local board member appointed under a)
above be unavailable.
CARRIED
|
|
|
Secretarial
note: Pursuant to standing order 1.8.6 Cr WD Walker requested his dissenting
vote be recorded.
|
|
15
|
Appointment of Commissioners: Application for Resource Consent -
Proposed Retirement Village, 14 Rangitoto Avenue and 19 Ara Street, Remuera
Auckland
|
|
|
Resolution number HEA/2015/61
MOVED
by Cr CM Penrose, seconded by Chairperson LA Cooper:
That the Hearings
Committee:
a) appoint independent
commissioner Richard Blakey to make the notification determination on the
applications for resource consent (R/LUC/2015/1280,
R/REG/2015/1281 and R/REG/2015/1282) to develop a
retirement village at 14 Rangitoto Avenue and 19 Ara Street, Remuera,
pursuant to sections 95A and 95B of the Resource Management Act 1991 (“RMA”).
b) subject to
the notification decision above, either;
i) appoint
the same independent commissioner as appointed in (a) to make a decision
under section 104 of the RMA in the event that the application proceeds on a
non-notified basis or otherwise does not require a hearing, or
ii) appoint Pamela
Peters, Rebecca Skidmore, and local board member Graeme Easte, to sit with
the commissioner appointed under (a) as the chair, in the event that the
application proceeds on a notified basis and a hearing is required, to hear
submissions and make a decision under section 104 of the RMA;
c) delegate
to the Chairperson of the Hearings Committee the authority to make
replacement appointments should any of the commissioners or local board
member appointed under (a) and (b) above be unavailable.
CARRIED
|
|
16
|
Appointment of Commissioners: Application for resource consent for
proposed dwelling, 92 Coromandel Road, Waiheke Island
|
|
|
Resolution number HEA/2015/62
MOVED
by Cr CM Penrose, seconded by Cr AJ Anae:
That the Hearings
Committee:
a) appoint
independent commissioner Barry Kaye to make a notification decision on the
application for resource consent to construct a new dwelling and associated
works at 92 Coromandel Road, Waiheke Island, pursuant to section 95 of the
Resource Management Act 1991 (“the RMA”).
b) subject
to the notification decision that is made in (a) above:
i. appoint
the same commissioner as in (a) above to make a substantive decision on the
application pursuant to section 104 of the RMA, should the application
proceed on a non-notified basis or otherwise does not require a hearing; or
ii. appoint
Bill Kapea, to sit with the commissioner appointed in (a) above as the chair,
to hear submissions and make a substantive decision on the application
pursuant to section 104 of the RMA, should the application proceed on a
notified basis and a hearing is required.
c) delegate
authority to the chairperson of the Hearings Committee to make replacement
appointments should any of the independent commissioners in (a)-(b) above be
unavailable.
CARRIED
|
|
17
|
Appointment of Commissioners: Application for resource consent -
Proposed 24 hour fast food restaurant, 543 Te Atatu Road, Te Atatu Peninsula
|
|
|
Resolution number HEA/2015/63
MOVED
by Cr CM Penrose, seconded by Chairperson LA Cooper:
That the Hearings
Committee:
a) appoint
independent commissioner Les Simmons to make the notification determination
under sections 95A and 95B of the Resource Management Act 1991 (“RMA”) on the
application for resource consent (LUC-2015-471) to develop a 24 hour drive-thru restaurant at 543 Te Atatu Road,
Te Atatu Peninsula.
b) subject
to the notification decision above, either;
i) appoint
the same independent commissioners in (a) to make a decision under section
104 of the RMA on the application, should the application be non-notified or
a hearing not required, or
ii) appoint
Ian Munro, Philip Brown, and local board member Catherine Farmer, to sit with
the commissioner appointed under (a) as the chair, should the application be
notified and a hearing is required, to hear submissions and make a decision
under section 104 of the Resource Management Act 1991
c) delegate to the Chairperson of the Hearings Committee the
authority to make replacement appointments should any of the commissioners or
local board member appointed under (a) and (b) above be unavailable.
CARRIED
|
18 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
|
19 Procedural
motion to exclude the public
|
|
Resolution
number HEA/2015/64
MOVED by Chairperson LA Cooper, seconded by Cr CM
Penrose:
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 Resource
Consent Appeals: Status Report 2 June 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.
|
C2 Noting
the urgent decision of 21 May 2015: Resource Consent Appeal: Kimberley Trust
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.
|
C3 Deliberations on an Objection to Proposed Stormwater Connection at
37A Hayr Road to service 31 Hayr Road Three Kings
|
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)(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 objection to a proposed stormwater connection.
|
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.
|
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
|
3.25pm 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.
3.34pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
|
C1
|
Resource Consent Appeals: Status Report 2 June 2015
|
|
|
That the Hearings Committee:
b) agree that the report and attachments remain
confidential, but agree that the list and description of current appeals as
of 20 May 2015, apart from council’s status position on the appeals, be
re-stated in the open section of the minutes.
|
|
|
Attachments
a 2
June 2015 - Hearings Committee - Item C1 - Resource Consent Appeals: Status
Report 2 June 2015
|
|
C2
|
Noting the urgent decision of 21 May 2015: Resource Consent
Appeal: Kimberley Trust v Auckland Council
|
|
|
That the Hearings
Committee:
b) agree
that the decisions, report and attachments regarding ‘Noting the urgent
decision of 21 May 2015: Resource Consent Appeal: Kimberley Trust v Auckland
Council’, not be re-stated in the open section of the minutes.
|
|
C3
|
Deliberations on an Objection to Proposed Stormwater Connection at
37A Hayr Road to service 31 Hayr Road Three Kings
|
|
|
Resolution number HEA/2015/67
MOVED by Cr
CM Penrose, seconded by Cr AJ Anae:
That the
Hearings Committee:
a)
endorse the proposed connection and its
associated route through the neighbouring land at 37A Hayr Road, Three Kings
to undertake drainage works generally as set out in the agenda report,
pursuant to Section 460 of the Local Government Act 1974 and as referenced on
plan titled Proposed Stormwater Extension to Public Stormwater line (Eden
Consultants Limited) Project no.14/028 dated 28 March 2014, for the following
reasons;
i)
it is the only practicable route because the
alternative option was not acceptable to be vested as a public asset, and
would result in duplication of infrastructure.
ii)
any impacts on 37A Hayr Road would be
temporary and can be managed through the construction management plan.
b)
agree that the decision under a) be restated
in the open section of the minutes.
|
3.34 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:........................................................
