Agenda of Auckland Development Committee

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

Date:

Time:

Meeting Room:

Venue:

Thursday, 10 September 2015

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

Auckland Development Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Deputy Mayor Penny Hulse
Deputy Chairperson	Cr Chris Darby
Members	Cr Anae Arthur Anae	Member Liane Ngamane
	Cr Cameron Brewer	Cr Calum Penrose
	Mayor Len Brown, JP	Cr Dick Quax
	Cr Dr Cathy Casey	Cr Sharon Stewart, QSM
	Cr Bill Cashmore	Member David Taipari
	Cr Ross Clow	Cr Sir John Walker, KNZM, CBE
	Cr Linda Cooper, JP	Cr Wayne Walker
	Cr Alf Filipaina	Cr John Watson
	Cr Hon Christine Fletcher, QSO	Cr Penny Webster
	Cr Denise Krum	Cr George Wood, CNZM
	Cr Mike Lee

(Quorum 11 members)

Tam White

Democracy Advisor

3 September 2015

Contact Telephone: (09) 890 8156

Email: Tam.white@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

Responsibilities

This committee will lead the implementation of the Auckland Plan, including the integration of economic, social, environmental and cultural objectives for Auckland for the next 30 years. It will guide the physical development and growth of Auckland through a focus on land use planning, housing and the appropriate provision of infrastructure and strategic projects associated with these activities. Key responsibilities include:

· Unitary Plan

· Plan changes to operative plans

· Designation of Special Housing Areas

· Housing policy and projects including Papakainga housing

· Spatial Plans including Area Plans

· City centre development (incl reporting of CBD advisory board) and city transformation projects

· Tamaki regeneration projects

· Built Heritage

· Urban design

Powers

(i) All powers necessary to perform the committee’s responsibilities.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (see Governing Body responsibilities)

(b) where the committee’s responsibility is explicitly limited to making a recommendation only.

(ii) Approval of a submission to an external body

(iii) Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iv) Power to establish subcommittees.

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.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

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

· Other 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.

Council Controlled Organisations

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

Auckland Development Committee

10 September 2015

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Petitions 7

5 Public Input 7

6 Local Board Input 7

7 Extraordinary Business 7

8 Notices of Motion 8

9 Reports Pending Status Update 9

10 Summary of information memos and briefings - 10 September 2015 17

11 Special Housing Area programme for 2015/16 19

12 Consideration of Extraordinary Items

PUBLIC EXCLUDED

13 Procedural Motion to Exclude the Public 49

C1 Confidential Reports Pending Status Update 49

C2 Proposed Auckland Unitary Plan Submissions - Council position for Mediation and Hearing - Puhinui Rural Urban Boundary 49

C3 Stormwater Land Acquisition - Hugh's Way, Flat Bush 50

C4 Compulsory acquisition of easements for stormwater purposes 50

1 Apologies

Apologies have been received from Mayor LCM Brown, Cr CM Casey, Chairperson PA Hulse and Cr GS Wood.

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.

3 Confirmation of Minutes

That the Auckland Development Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday 13 August 2015, including the confidential section, as a true and correct record.

4 Petitions

At the close of the agenda no requests to present petitions had been received.

5 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

At the close of the agenda no requests for public input had been received.

6 Local Board Input

Standing Order 6.2 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 one (1) day’s 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 6.1 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

7 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.”

8 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Auckland Development Committee

10 September 2015

Summary of information memos and briefings - 10 September 2015

File No.: CP2015/18500

Purpose

1. To receive a summary and provide a public record of memos or briefing papers that may have been distributed to committee members since 13 August 2015.

Executive Summary

2. This is a regular information-only report which aims to provide greater visibility of information circulated to committee members via memo or other means, where no decisions are required.

3. The following presentations/memos were presented/circulated as follows:

· 1 September 2015: Development Auckland location analysis

· 30 August 2015: memo – tree legislation changes.

4. These and previous documents can be be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

o at the top of the page, select meeting “Auckland Development Committee” from the drop-down tab and click ‘View’

o Under ‘Attachments’, select either HTML or PDF version of the document entitled ‘Extra Attachments’.

5. Note that, unlike an agenda report, staff will not be present to answer questions about these items referred to in this summary. Committee members should direct any questions to the author.

Recommendation/s

That the Auckland Development Committee:

a) receive the summary of information memos and briefings – 10 September 2015.

Attachments

No.	Title	Page
a	Memo : tree legislation changes (Under Separate Cover)
b	Development Auckland location analysis presentation (Under Separate Cover)

Signatories

Author	Tam White - Democracy Advisor
Authoriser	Jim Quinn - Chief of Strategy

Auckland Development Committee

10 September 2015

Special Housing Area programme for 2015/16

File No.: CP2015/16690

Purpose

1. This report includes

a. an update on pending Special Housing Area (SHA) requests.

b. recommended refinements to the SHA establishment criteria.

Executive Summary

2. The criteria used by the council in making SHA recommendations were adopted by the Governing Body (CP2013/22237) on recommendation from the Auckland Development Committee (ADC) in September 2013 (Attachment A).

3. A set of ‘additional considerations’ were agreed to by the Auckland Development Committee on 16 April 2015 (CP2015/03932) to be used in conjunction with the principal criteria during the remainder of 2015 (Attachment B).

4. Rather than having two sets of criteria sitting alongside each other it is proposed that the SHA criteria be consolidated. Having consolidated criteria removes unnecessary duplication of the existing criteria. Additionally, a series of questions and answers accompanying the criteria makes it easier for the Housing Project Office (HPO) to apply and easier for the public and SHA requesters to understand the criteria. For reference, the HPO has prepared a spreadsheet showing the existing criteria, the refined and consolidated criteria and guidance as to the application of the criteria (Attachment C).

5. If the refined and consolidated criteria and guidance are adopted by the Auckland Development Committee and endorsed by the Governing Body then the HPO will publish the refined and consolidated criteria and guidance (Attachment D) on the council’s website and communicate this to interested parties. Having communicated the refined and consolidated criteria to existing requesters we will give these people an opportunity to provide further information on their request before the HPO makes its final recommendation to the ADC.

6. The HPO propose to apply the refined and consolidated criteria from the day following the Governing Body meeting on 23 September 2015.

7. In addition to the refinements to the criteria, this report also recommends two significant process changes to streamline decision-making on SHA requests:

· That the committee exercise its delegated authority to make recommendations on behalf of council to the Minister of Building and Housing, rather than referring its recommendations to the Governing Body, unless the timing of committee meetings or special circumstances requires the matter to go before the Governing Body.

· That the committee endorses that the HPO may decide not to refer to the Committee for consideration SHA requests that do not satisfy the criteria 1 – 3 in Attachments C and D, which relate to section 16(3) of the Housing Accords and Special Housing Areas Act 2013. The HPO would still report to the committee on those requests that are supported, or where HPO takes the view that the request does not satisfy one or more of the council’s criteria, other than criteria 1 – 3 in Attachments C and D.

8. There are currently 41 SHA requests under consideration by the Housing Project Office.

Recommendation/s

That the Auckland Development Committee:

a) note that on 10 September 2013 the Governing Body endorsed criteria for the definition and establishment of Special Housing Areas (SHA) in accordance with the Housing Accords and Special Housing Areas Act 2013 and the Auckland Housing Accord (10 September 2013, item 12, resolution number GB 2013/93).

b) note that on 16 April 2015 the Auckland Development Committee agreed to a special housing area programme for the remainder of 2015 that applies the existing SHA establishment criteria with additional considerations (16 April 2015, item C3, resolution number AUC/2015/75).

c) note that these additional considerations were communicated to individuals and organisations on the Housing Project Office’s list of SHA requesters and developers.

d) agree that the SHA establishment criteria and additional considerations would be improved by refining and consolidating the criteria in a single document, and adopting the following format:

i) presentation of the criteria in question and answer form

ii) adopting guidance to explain how each criterion can be applied.

e) adopt the refined and consolidated criteria and explanatory guidance for assessing SHA requests in Attachment D, to be endorsed by the Governing Body and applied from the day following the Governing Body endorsement, likely to be on 24 September 2015.

f) agree that the refined and consolidated SHA critieria will be communicated to interested parties and put on the council’s website.

g) agree that those with pending SHA requests will be invited to provide additional information to supplement that already provided to the HPO.

h) note that the criteria are non-exhaustive and that the council has the discretion whether or not to recommend a SHA.

i) note that clause 3.1 of the Governing Body Terms of Reference provide that the Auckland Development Committee has responsibility for SHA designations.

j) agree that the Auckland Development Committee exercise its delegated authority to make recommendations on behalf of council to the Minister of Building and Housing on the designation of SHAs unless timing of committee meetings or special circumstances exist, that justify the matter to go to the Governing Body.

k) agree that the HPO may decide not to refer to the committee for consideration SHA requests that do not satisfy the criteria 1 – 3 in Attachments C and D, which relate to section 16(3) of the Housing Accords and Special Housing Areas Act 2013. The HPO would still report to the committee on those requests that are supported, or where the HPO takes the view that the request does not satisfy one or more of the council’s criteria, other than criteria 1 – 3 in Attachments C and D.

l) note that on 26 August 2015 there were 41 SHA requests under consideration by the Housing Project Office.

Discussion

Proposed refinements and consolidation of SHA establishment criteria

9. The Housing Project Office (HPO) has worked with internal and external legal advisers to refine and consolidate the existing SHA criteria to make it easier for the HPO to apply the criteria to SHA requests and for the public to understand the criteria.

10. The intent of the refined and consolidated SHA establishment criteria in this report is to:

a. Bring the original criteria and the additional considerations from the 16 April Auckland Development Committee meeting into one document;

b. Eliminate duplication between the original criteria and the additional considerations.

11. The additional considerations agreed by the committee on 16 April 2015 were:

a. application of the agreed basis (3 December 2014, item C1, resolution number AUC/2014/183) for SHAs on Maori-owned land / Maori special purpose land / treaty settlement land outside the Rural Urban Boundary;

b. a preference for brownfield SHA opportunities, pending completion of a Future Urban Land Supply Strategy;

c. a preference for requests that are strategically important, at least 50 dwellings in yield or exemplary with regard to the Auckland Plan, the outcomes and objectives of the Proposed Auckland Unitary Plan and the objectives of the Auckland Housing Accord;

d. particular regard to the spatial priorities and infrastructure programme enabled by the proposed and final Long-term Plan and the need for greater certainty about funding of any required local public infrastructure;

e. advice on the future programme for SHA establishment following the joint ministerial-mayoral meeting scheduled for 15 April 2015.

12. Following the decisions of the committee and endorsement by the Governing Body, the HPO will communicate the criteria to interested parties, place the criteria on the council’s website and apply the criteria in its assessment and recommendations regarding SHA requests and all subsequent SHA recommendations to the committee.

Current SHA requests

13. There are currently 41 SHA requests under consideration by the HPO. In accordance with the council’s 16 April 2015 additional considerations the council has a preference to await the finalisation of the Future Urban Land Supply Strategy before recommending new SHAs in Future Urban Zone areas.

14. Other SHA requests relate to ‘live-zoned’ greenfield land or brownfield land. The HPO will give priority in the Tranche 8 report to making recommendations on requests previously considered by the ADC but deferred for a number of reasons.

15. The HPO will aim to complete its consideration and make appropriate recommendations to the committee on pending SHA requests by as soon as practicable following the Governing Body’s endorsement of the committee’s decisions arising from this report.

16. The HPO also expects to make recommendations in October regarding the remainder of SHA establishment programme in general, through to the end of the Accord, including proposed dates after which council will no longer be able to accept new SHA requests, having regard to the time required to submit plan variation and consent applications.

Consideration

Local Board Views

17. The refined and consolidated criteria includes the consideration of whether the local board is supportive of the area being made a SHA.

18. The HPO is working with Local Board Services to improve the way in which information is shared with and feedback received from local boards regarding SHA requests. The HPO acknowledges the relatively short timeframes for decision making on SHA requests creates difficulties so is seeking to provide other channels for the exchange of information in addition to reports on business meeting agendas, while having regard to the importance of maintaining the confidentiality of commercially sensitive information.

19. Local boards will be made aware of the committee’s decisions arising from this report.

Maori Impact Statement

20. The refined and consolidated criteria includes the consideration of whether the relevant mana whenua groups are supportive of the area being made a SHA.

21. In considering this criterion the HPO will work with mana whenua groups, the Independent Maori Statutory Board and Te Waka Angamua to establish and refine the process for the HPO obtaining mana whenua views on confidential SHA requests.

22. Following input from mana whenua groups and advice from appropriate council staff, if it is established that a proposed SHA raises issues of significance for a mana whenua group, the council will likely engage directly with that mana whenua group.

23. The views of mana whenua will be taken into account when council decides whether or not to support a SHA request.

Implementation Issues

24. The HPO propose to apply the refined and consolidated criteria from the day following the Governing Body endorsement of these, likely to be on 24 September 2015.

25. If the recommendations in this report are agreed to by the Committee the HPO will ensure relevant interested parties are made aware of the refinements to the criteria and the process for establishing future SHAs. It will also initiate more direct engagement with iwi on SHA requests.

26. The recommendations do not trigger any requirement for consultation or council’s significance policy.

Attachments

No.	Title	Page
a View	Extract from Governing Body meeting minutes 10 September 2013	25
b View	Extract from Auckland Development Committee meeting minutes 16 April 2015	27
c View	Existing and refined criteria	29
d View	Refined criteria and guidance	39

Signatories

Author

David Clelland - Manager Growth & Infrastructure Strategy

Authorisers

Ree Anderson - Project Director for Housing

Dean Kimpton - Chief Operating Officer

Jim Quinn - Chief of Strategy

Auckland Development Committee

10 September 2015

Extract from the extraordinary meeting of the Governing Body held on Tuesday, 10 September 2013

Was item 12: Criteria and process for establishing Special Housing Areas under the Housing Accords and Special Housing Areas legislation (HASHA)

Resolution number GB/2013/93

That the Governing Body:

a) endorse the following criteria for the definition and establishment of Special Housing Areas (SHAs) in accordance with the Housing Accords and Special Housing Areas (HASHA) legislation and the Auckland Housing Accord:

1. Auckland Housing Accord

(a) Achieves a mix of brownfield and greenfield locations

(b) Zoned as Mixed Housing Suburban, Mixed Housing Urban, Terrace Housing and Apartment Building, Mixed Use, Special Purpose (Maori land) or is contained within a precinct, or any other urban zone where the qualifying development will contribute to the purpose of the HASHA legislation.

2. Auckland Plan and Notified Unitary Plan

(a) Consistent with Auckland Plan principles and intent for quality development

(b) Optimises infrastructure investment and supports a rational land release programme

(c) Located inside the notified Rural Urban Boundary (RUB) or an existing applicable zone

(d) Compatible with Unitary Plan provisions (e.g. heritage and special character; Treaty Settlement Land).

3. Infrastructure availability and readiness

(a) Sufficient and appropriate infrastructure (physical and social) will be provided to support the development

(b) Compatibility of that proposed infrastructure with existing infrastructure

(c) Compliance of proposed infrastructure with relevant infrastructure standards

(d) Capacity of proposed infrastructure and any existing infrastructure to support development

(e) Infrastructure provider views (e.g. waste water, water supply, stormwater, transport, parks and open spaces, telecommunications, energy, healthcare, education).

4. Iwi requests and/or views:

(a) Direct requests where an iwi is the land owner, or

(b) Views of iwi on other locations including views expressed as part of a previous planning stage.

5. Land owner requests and/or views: Direct requests from a land owner and their views regarding the desired timing and benefits of being in an SHA.

6. Location: Having reasonable access to employment and essential services.

7. Local board views gained through discussion with each local board.

8. Demand to build: Motivated developer ready to go, and likely to achieve early consent activation and the intended yield of sites/dwellings within the Accord period.

9. Demand for housing: Evidence that new homes in an SHA will meet an existing need.

10. Affordability: Contribution to housing affordability either in terms of overall housing supply or pricing of the intended housing product.

b) endorse the communication of these criteria to interested or affected parties and their placement on the council’s website along with other information on the HASHA legislation and the Accord.

c) approve the periodic reporting, generally on a quarterly basis, of potential SHAs for approval to the relevant committee.

Auckland Development Committee

10 September 2015

Extract from the Auckland Development Committee meeting held on 16 April 2015.

Was item C3: Special Housing Area Programme for 2015

Resolution number AUC/2015/75

That the Auckland Development Committee:

a) note that Auckland Housing Accord monitoring indicates that:

i) the first Accord year target was met, progress is on track to meet the second year target, but the third year target remains a significant challenge

ii) Special Housing Areas (SHAs) established from this point forward will have less likelihood of contributing to the year three target than existing SHAs

iii) there are over 40 SHA requests that have not yet been fully assessed or reported for a final decision, as listed in Attachment 1, and more can be expected throughout the Accord period

iv) in addition to the existing criteria, in 2014 the Auckland Development Committee has also defined the basis for SHAs to be established on Maori owned land, Maori purpose land and Treaty Settlement land.

b) agree to a special housing area establishment programme for the remainder of 2015 that applies the existing Special Housing Areas (SHAs) establishment criteria but with the following additional considerations:

i) application of the agreed basis (3 December 2014, item C1, resolution number AUC/2014/183) for SHAs on Maori-owned land / Maori special purpose land / treaty settlement land outside the Rural Urban Boundary

ii) a preference for brownfield SHA opportunities, pending completion of a Future Urban Land Supply Strategy.

iii) a preference for requests that are strategically important, at least 50 dwellings in yield or exemplary with regard to the Auckland Plan, the outcomes and objectives of the Proposed Auckland Unitary Plan and the objectives of the Auckland Housing Accord.

iv) particular regard to the spatial priorities and infrastructure programme enabled by the proposed and final Long Term Plan and the need for greater certainty about funding of any required local public infrastructure

v) advice on the future programme for SHA establishment following the joint ministerial-mayoral meeting scheduled for 15 April 2015

c) note that groups of new Special Housing Areas will be identified as follows: December 2014 decisions are Tranche 5; April and May 2015 decisions will be Tranche 6, and June 2015 decisions will be Tranche 7.

d) agree that requests received following 16 April 2015 will not be reported with recommendations to this committee until July or August at the earliest, noting that this does not prevent interested parties continuing to bring Special Housing Areas requests to the Housing Project Office

e) support the Housing Project Office’s intention that appropriate actions are taken to maximise the success of existing Special Housing Areas, including an assessment of reasons for inactivity or slow activity in existing Special Housing Areas and a willingness to explore with developers and landowners ways to generate or accelerate activity in SHAs

f) agree that the report and attachments regarding the ‘Special Housing Area Programme for 2015’ remain confidential until all due processes have been concluded; and that the Mayor/Deputy Mayor be delegated responsibility to release information on the Special Housing Areas as may be required.

g) express appreciation of all the work completed by the Housing Project Office, and the quality of work undertaken.

Auckland Development Committee

10 September 2015

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Auckland Development 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 Confidential Reports Pending Status Update

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