Unitary Plan Committee

OPEN MINUTES

Minutes of a meeting of the Unitary Plan Committee held in the Level 26, 135 Albert Street, Auckland on Wednesday, 8 July 2015 at 1.38pm.

present

Deputy Chairperson	Deputy Mayor Penny Hulse
Members	Cr Dr Cathy Casey	Until 3.17 pm, Item C2
	Cr Chris Darby
	Cr Denise Krum
	Member Liane Ngamane
	Member Josie Smith
	Cr Wayne Walker	Until 3.43 pm, Item C2
	Cr Penny Webster	Until 3.30pm, Item C2

ABSENT

Chairperson	Cr Alf Filipaina
	Cr Anae Arthur Anae
	Mayor Len Brown

ALSO PRESENT

Cr Bill Cashmore

Cr Calum Penrose

Cr John Watson

IN ATTENDANCE

Peter Haynes	Albert-Eden Local Board Chair
Greg Sayers	Hibiscus and Bays Local Board acting Chair

Unitary Plan Committee 08 July 2015

1          Apologies

Resolution number UNI/2015/127

MOVED by Deputy Chairperson PA Hulse, seconded by Cr C Darby:

That the Unitary Plan Committee:

a) accept the apologies from Chairperson AM Filipaina, Cr AJ Anae for absence on council business and Mayor LCM Brown for absence.

CARRIED

2          Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number UNI/2015/128

MOVED by Deputy Chairperson PA Hulse, seconded by Member  Ngamane:

That the Unitary Plan Committee:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 24 June 2015, including the confidential section, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

There was no public input.

6 Local Board Input

There was no local board input.

7 Extraordinary Business

7.1

Extraordinary Business - Proposed Auckland Unitary Plan submissions - council position for hearings - schedules of notable trees and historic heritage

Resolution number UNI/2015/129 MOVED by Deputy Chairperson PA Hulse, seconded by Cr C Darby: That the Unitary Plan Committee: a) consider an extraordinary item regarding the Proposed Auckland Unitary Plan submissions – council position for hearings – schedule of notable trees at item C2 of this agenda: i) the reason the matter was not on the agenda is that it was requested after the agenda was sent out ii) the reason for urgency being that a decision is required by Wednesday 8 July 2015 and Friday 10 July 2015. CARRIED

8 Notices of Motion

There were no notices of motion.

9          Consideration of Extraordinary Item

Secretarial note:          Consideration of Extraordinary Business - Proposed Auckland Unitary Plan submissions - council position for hearings - schedule of notable trees is being considered as Item C2 on the confidential agenda.

10        Procedural motion to exclude the public

Resolution number UNI/2015/130

MOVED by Deputy Chairperson PA Hulse, seconded by Cr DA Krum:

That the Unitary Plan Committee:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Chris Scrafton, consultant at MWH New Zealand Limited and Jon Styles, consultant at Styles Group be permitted to remain for Confidential Item C1:Major Recreation Facilities - Update on Mediation after the public has been excluded, because of their knowledge of the mediation discussions, which will help the Unitary Plan Committee in its decision-making.

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       Major Recreation Facilities - Update on Mediation

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)(g) - The withholding of the information is necessary to maintain legal professional privilege. In particular, the report contains legal advice.	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       Extraordinary Business - Proposed Auckland Unitary Plan submissions - council position for hearings - schedule of notable trees.

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 legal advice.	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

1.44 pm           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.

3.55pm            The public was re-admitted.

restatementS

It was resolved while the public was excluded:

C1

Major Recreation Facilities - Update on Mediation

Resolution number UNI/2015/131

MOVED by Cr MP Webster, seconded by Cr DA Krum:

That the Unitary Plan Committee:

Issue 1: Structure of the Activity Tables

a)      supports the activity tables for the major recreation zone precincts being structured in the following manner:

·   primary activities – permitted activity status

·   accessory activities – permitted activity status

·   complimentary activities – permitted activity status where existing buildings are utilised or buildings are not required, restricted discretionary activity status where a purpose-built building is required;

·   other specified activities – restricted discretionary / discretionary activity status;

·   activities not provided for – discretionary activity status.

CARRIED

Secretarial note:          Pursuant to Standing Order 1.8.6 Cr CM Casey and Cr WD Walker requested that their dissenting vote to be recorded.

Resolution number UNI/2015/132

MOVED by Cr C Darby, seconded by Cr MP Webster:

That the Unitary Plan Committee:

Issue 2: Managing the Effects of Traffic

b)      supports permitted activities within the Major Recreation Facilities zone and associated precincts being exempt from the Auckland-wide trip generation rule

c)      supports Traffic Management Plan (TMP) processes as the appropriate planning tool for managing the effects associated with the temporary generation of large traffic numbers from the operation of major recreation facilities

d)      supports all activities within the Major Recreation Facilities zone and associated precincts which are likely to result in the generation of traffic movement and that require a resource consent being subject to the Auckland-wide trip generation rules

e)      supports the permitted activities within the Major Recreation Facilities zone and associated precincts being exempt from the Auckland-wide parking rules

f)       supports any activity (other than permitted activities) that is likely to result in an increase in parking demand being subject to the Auckland-wide parking rules

g)      in the absence of any further evidence from submitters addressing the management of on-site parking at the precinct level, supports any reduction in the availability of parking requiring a resource consent to allow for an assessment of the effects of the reduced availability of parking

h)      investigate more appropriate terminology for the Traffic Management Plan.

CARRIED

Resolution number UNI/2015/133

MOVED by Cr C Darby, seconded by Cr MP Webster:

That the Unitary Plan Committee:

Issue 3: Concerts at Eden Park

i) supports the current discretionary activity status for up to six concerts at Eden Park in any one year being retained. If it can be demonstrated that a reasonable noise level can be achieved at the boundary of nearby residential properties for those six concerts, the matter should be brought back to the Unitary Plan Committee.

A division was called for, voting on which was as follows:

For Cr C Darby Deputy Chairperson PA Hulse Cr DA Krum Member  Ngamane Member  Smith Cr MP Webster

Against Cr CM Casey Cr WD Walker

Abstained

The motion was declared carried by 6 votes to 2.

CARRIED

Resolution number UNI/2015/134

MOVED by Cr C Darby, seconded by Cr MP Webster:

That the Unitary Plan Committee:

Issue 4: Pukekohe Park Raceway Noise Controls 

j)       supports the five event categories, the associated noise levels and the number of days of those noise levels permitted by version five of the Pukekohe Park Raceway noise management plan.

CARRIED

Resolution number UNI/2015/135

MOVED by Cr C Darby, seconded by Deputy Chairperson PA Hulse:

That the Unitary Plan Committee:

Issue 5: Management of buildings and structures

k)      agree that buildings and structures across all precincts being managed through:

·      a requirement for a restricted discretionary activity for any building within a specified distance from public roads, public open spaces, residential and future urban zones (this ranges from 5-20m depending on the context);

·      the requirement for a restricted discretionary activity for new buildings or external alterations and additions to buildings for complementary and other specified activities; and

·      height controls for buildings and lighting towers (reflecting the scale of existing building on the Major Recreation Facility) and height in relation to boundary controls adjacent to public open space and residential zones).

·        a requirement for a restricted discretionary activity for new buildings and external alterations and additions to existing buildings that are greater than 1000m2 Gross Floor Area and 10 meters in height.

Restatements

l)          note that the report and attachments regarding Major Recreation Facilities - Update on Mediation will remain confidential until the conclusion of the Proposed Auckland Unitary Plan Hearings.

m)        note that the decisions a) to k) above will be restated in the open section of the minutes and reflected in the draft provisions on the Proposed Auckland Unitary Plan Independent Hearings Panel website as soon as practicable after the meeting.

CARRIED

C2	Extraordinary Business - Proposed Auckland Unitary Plan submissions - council position for hearings - schedule of notable trees.
	Resolution number UNI/2015/136 MOVED by Deputy Chairperson PA Hulse, seconded by Cr DA Krum: That the Unitary Plan Committee: a) agree to remove the smothered bark apple tree on 26 Wiseley Avenue, Hobsonville from Appendix 3.4 of the notable tree schedule. CARRIED
	Resolution number UNI/2015/137 MOVED by Cr MP Webster, seconded by Cr C Darby: That the Unitary Plan Committee: b) agree to remove the first Phoenix Palm at 254 Great South Road, Papakura from Appendix 3.4 of the notable tree schedule and retain the multiheaded Pheonix Palm. CARRIED
	Resolution number UNI/2015/138 MOVED by Cr C Darby, seconded by Cr MP Webster: That the Unitary Plan Committee: c) agree to remove two of the Pohutukawa trees at 8 Minnehaha Avenue, Takapuna from Appendix 3.4 and retain the other three Pohutukawa trees, subject to seeking advice from Mana Whenua. CARRIED
	Resolution number UNI/2015/139 MOVED by Cr MP Webster, seconded by Cr C Darby: That the Unitary Plan Committee: d) agree to remove the macrocarpa from 201-234 Great North Road, Arch Hill from Appendix 3.4 of the notable tree schedule. CARRIED
	Secretarial note:          Pursuant to Standing Order 1.8.6 Deputy Mayor P A Hulse requested that her dissenting vote be recorded.
	Resolution number UNI/2015/140 MOVED by Deputy Chairperson PA Hulse, seconded by Cr DA Krum: That the Unitary Plan Committee: e) agree to remove the rimu tree on 131 Market Road, Epsom from Appendix 3.4 of the notable tree schedule. The motion was put to the vote by voices. Three of the six members requested their vote against be recorded. The chair exercised their casting vote for the motion and the motion was declared carried. CARRIED
	Secretarial note:          Pursuant to Standing Order 1.8.6 Cr WD Walker, Member J Smith and Member L Ngamane requested their dissenting vote be recorded.
	Resolution number UNI/2015/141 MOVED by Cr DA Krum, seconded by Cr C Darby: That the Unitary Plan Committee: f) agree to remove Former Farrell Villa at 26 Princes Street, Onehunga from Appendix 9.1 – Schedule of Significant Historic Heritage Places and the planning maps schedule. CARRIED
	Resolution number UNI/2015/142 MOVED by Deputy Chairperson PA Hulse, seconded by Cr DA Krum: That the Unitary Plan Committee: g) agree to change Achilles House, LD Nathan Bonded Store (former) at 41-51 Customs Street East, Auckland Central from a Category A to a Category B building in Appendix 9.1 – Schedule of Significant Historic Heritage Places and the planning maps schedule. CARRIED
	Resolution number UNI/2015/143 MOVED by Cr DA Krum, seconded by Deputy Chairperson PA Hulse: That the Unitary Plan Committee: h) agree to remove the Former Monstedt Residence at 273 Upper Harbour Drive, Greenhithe from Appendix 9.1 – Schedule of Significant Historic Heritage Places and the planning maps schedule. CARRIED
	Secretarial note:          Pursuant to Standing Order 1.8.6 Cr WD Walker requested his dissenting vote be recorded.
	Resolution number UNI/2015/144 MOVED by Deputy Chairperson PA Hulse, seconded by Member  Ngamane: That the Unitary Plan Committee: i) agree to withdraw part of the Auckland Council submission relating to the Midden R12_743 Shell Midden at 152 Park Estate Road, Hingaia from Appendix 9.1 – Schedule of Significant Historic Heritage Places and the planning maps schedule. j) agree to remove Midden R12_689 Shell Midden at 252 Park Estate Road, Hingaia from Appendix 9.1 – Schedule of Significant Historic Heritage Places and the planning maps schedule. Restatements k)         note that the report and attachments regarding Extraordinary Business - Proposed Auckland Unitary Plan submissions - council position for hearings - schedule of notable trees and historic heritage will remain confidential until the conclusion of the Proposed Auckland Unitary Plan Hearings. l)          note that the decisions a) to j) above will be restated in the open section of the minutes and reflected in the draft provisions on the Proposed Auckland Unitary Plan Independent Hearings Panel website as soon as practicable after the meeting. CARRIED

3.55 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 Unitary Plan Committee HELD ON

DATE:.........................................................................

CHAIRPERSON:........................................................