Agenda of Hearings Committee

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

Date:

Time:

Meeting Room:

Venue:

Tuesday, 20 October 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
	Mr David Taipari
	Cr Wayne Walker
	Mr Glenn Wilcox
Ex-officio	Mayor Len Brown, JP
	Deputy Mayor Penny Hulse

(Quorum 3 members)

Louis Dalzell

Democracy Advisor

12 October 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.

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.

Hearings Committee

20 October 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 Appointment of independent commissioners: Application for resource consent to upgrade lighting columns and sports fields at Fowlds Park, Morningside 9

8 Appointment of Hearing Commissioners: Resource consent, 70-72 Waitakere Road, Waitakere. 17

9 Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 23 September 2015 23

10 Consideration of Extraordinary Items

PUBLIC EXCLUDED

11 Procedural Motion to Exclude the Public 29

C1 Resource Consent Appeal: Proposed removal of a scheduled Norfolk Island Pine tree, 50 Station Road, Otahuhu 29

C2 New Resource Consent Appeal: Strand 25 Limited - proposed eight level commercial building for office, retail and cafe activities at 25-33 The Strand, Parnell 29

C3 Resource Consent Appeals: Status Report 20 October 2015 30

C4 Noting the urgent decision of 30 September 2015: Oddfellows Holdings Limited v Auckland Council 30

1 Apologies

Apologies from Mayor LCM Brown, Deputy Mayor PA Hulse and Member G Wilcox 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, 15 September 2015, including the confidential section, as a true and correct record.

4 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) 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 6.1 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

20 October 2015

Appointment of independent commissioners: Application for resource consent to upgrade lighting columns and sports fields at Fowlds Park, Morningside

File No.: CP2015/19842

Purpose

1. To appoint commissioners to make decisions under section 104 of the Resource Management Act 1991 (RMA) on a notified application (public) for resource consent for the upgrade of lighting columns and sports fields at Fowlds Park, Morningside.

Executive Summary

2. On 13 March 2015, council received an application for resource consent from Auckland Council (Parks, Sports and Recreation) to upgrade the lighting columns and sports fields at Fowlds Park. The application was publicly notified on 15June 2015.

3. The submission period closed on 13 July 2015 and a total of 160 submissions were received. The application falls as ‘contentious’, as defined by the Hearings Committee’s Policy. The Hearings Committee is invited to appoint commissioners to hear and determine the application under section 104 of the RMA. As council is the applicant, it is recommended that independent commissioners be appointed.

Recommendations

That the Hearings Committee:

a) appoint three independent commissioners to hear submissions and determine the application for resource consent by Auckland Council Parks, to upgrade the lighting columns and sports fields at Fowlds Park, 50 Western Springs Road, Morningside, under section 104 of the Resource Management Act 1991.

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

Comments

4. Fowlds Park is an existing sports and recreational park located at 50 Western Springs Road, Morningside. Fowlds Park is a well-used active recreational reserve. The 11.48ha reserve includes sports fields, netball courts, bowling greens and clubrooms. During the winter sports season the park’s sports fields are utilised for rugby league. During the summer sports season the fields are converted to softball pitches. The Park is also used for passive recreational use and includes treed areas, walking tracks, a children’s playground and picnic areas.

5. Fowlds Park is surrounded by lower density residential development (Residential 6a and Residential 5), characterised by single detached residential dwellings, of one to two levels in height.

6. Resource consent for a non-complying activity is sought to upgrade Fowlds Park. The proposal includes:

· The installation of six new 17m high lighting columns to replace the existing 16m columns. One of the lighting poles proposed exceeds the volcanic view shaft height control (12m). Additionally the proposed lighting columns will produce a luminance in excess of 150 lux.

· Converting the upper field to artificial turf (9,450m² in total). The new turf will be fenced with a 1.2m high fence, which will extend around the periphery of the artificial turf.

· The construction of a 3.5m high retaining wall which is to be covered with a taramesh surface. The taramesh surface will be vegetated with grass, mimicking the visual finish of the existing grass bank.

· The construction of a new hardstand area to be used for informal sporting activities.

· A total of 7,300m³ of earthworks (600m³ of cut and 6,700m³ of fill). Earthworks will be carried out during the 2015-2016 earthworks season.

· The removal of 10 generally protected trees, and works within the dripline of four generally protected trees.

· Regional consents for stormwater run-off and earthworks.

7. The upgrading of existing sports and recreational facilities is an integral part of a wider strategy of Auckland Council Parks to alleviate the demand pressure on existing facilities across the region. This pressure is generated by a growing population and consequential increases in participant numbers and fixture schedules across sporting codes.

8. Auckland Council Parks is currently undertaking a programme of upgrading existing facilities at which demand is highest to ensure the most efficient use of existing resources and to satisfy public demand for sports and recreational space. As part of this programme, Auckland Council Parks have identified the facilities at Fowlds Park, Morningside to be upgraded.

9. A site plan and perspectives of the proposed development (as notified) are attached to this report as Attachment A.

10. The application for resource consent was publicly notified on 15 June 2015 at the request of the applicant. At the close of the submissions period, 160 submissions were received, with 97 were in opposition, 2 neutral and 59 in support. The main concerns raised in submissions relate to the landscape and visual change from use of the astroturf, related tree removals and siteworks, contamination from the turf and floodlighting.

Consideration

General

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

12. The application falls within the policy’s definition of contentious due to the large number of submissions in opposition and interest from the local community and media.

13. Therefore, it is recommended that the Hearings Committee in accordance with its policy appoint independent commissioners as decision-makers for this application. It is recommended that the appointed commissioners include those with planning and landscape architecture or urban design expertise.

Local Board views and implications

14. The local board were notified of the application on the Monday 15^th June 2015. No comment was received. Email correspondence between the applicant and Local Board provided at lodgement noted the general support of the Board. No information is on file to suggest there are any outstanding queries.

Māori impact statement

15. The applicant consulted with iwi for the area prior to the lodgement of the application. Correspondence from Ngai Tai Ki Tamaki and Ngati Whatua Orakei to the applicant were provided at lodgement. Ngai Tai Ki Tamaki raised the potential of cultural material being unearthed from the required site works.

16. Ngati Whatua Orakei further made submission following notification. Ngati Whatua Orakei’s submission is neutral however raises concerns about the discharge of stormwater, removal of vegetation and earthworks. They support approval subject to conditions seeking mitigation planting, imposing an accidental discovery protocol, requiring a pre-construction meeting with iwi and cultural monitoring during the construction process.

Implementation

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

Attachments

No.	Title	Page
a View	Site plan and photomontages	13

Signatories

Authors

Peter Kensington - Principal Planner, Hearings and Resolutions

Robert Andrews - Resolutions Team Manager

Authorisers

Ian Smallburn - General Manager Resource Consents

Hearings Committee

20 October 2015

Appointment of Hearing Commissioners: Resource consent, 70-72 Waitakere Road, Waitakere.

File No.: CP2015/21140

Purpose

1. This report invites the Hearings Committee to appoint hearing commissioners to determine a resource consent application at 70-72 Waitakere Road, Waitakere.

Executive Summary

2. The application is for the renewal of a consent to discharge contaminants into air in association with the operation of an existing aggregate processing facility located at 70-72 Waitakere Road, Waitakere. The application site is located within a sensitive rural/residential area and has been the subject of media interest and a large number of submissions following notification. The application falls into the contentious category as defined by the Hearings Committee Policy where the Hearings Committee is responsible to determine the decision makers for such matters.

3. The Hearings Committee is therefore invited to appoint commissioners to hear and determine the application under section 104 of the Resource Management Act 1991 (“RMA”).

Recommendations

That the Hearings Committee:

a) appoint three independent commissioners and a local board member to hear and determine the application for resource consent by Industrial Processors Limited to discharge contaminants into air in association with the operation of an existing aggregate processing facility located at 70-72 Waitakere Road, pursuant to section 104 of the Resource Management Act 1991.

b) delegate to the chairperson of the Hearings Committee the authority to make replacement appointments in the event that any hearing commissioners appointed in a) above are unavailable.

Comments

4. The Industrial Processors Limited (Inpro) site at 70-72 Waitakere Road, Waitakere is occupied by a mineral screening and drying plant, which has operated from the site under air discharge consents from 1991 onwards (and mineral processing has occurred on the site in various forms since the 1920s).

5. The site is located at the peripheral (western) industrial edge of Waitakere township. The site is zoned Working Environment under the Auckland Council District Plan (Waitakere Section), and is located adjacent to other Working Environment zoned sites to the northeast and south. However, there are a range of nearby sensitive receivers, including residential dwellings to the north, west and south, a primary school to the west, and Waitakere Township to the east which contains residential properties and a childcare centre.

6. The processes undertaken at the site involve the screening and drying of perlite, by the application of heat in a drum burner, and the release of contaminants to air (following filtering) from vertical stacks. The key contaminants discharged to air are PM10 and PM2.5 (fine particulates), as well as crystalline silica and nitrogen dioxide.

7. There have been a number of historical complaints from neighbours to the council about the operation of the activity. These complaints relate to noise and discharges of contaminants, and resulted in abatement notices and infringement notices being served by the council in 2013.

8. This application for the renewal of the applicant’s air discharge consent was lodged on 1 October 2013. As part of the application, separate land-use consents are sought under the Auckland Council District Plan (Waitakere Section), as the capacity and processing output of the plant has increased since the previous air discharge consent was obtained. Consents are required for air discharge, for an infringement of the noise standards of the Plan, and for hazardous facilities.

9. The application was publicly notified, at the applicant’s request, on 11 March 2015 and the submission period ended on 10 April 2015. Of the submissions received, 6 are in support, 3 are neutral and 26 are in opposition. A post-submission request for further information was issued to the applicant on 23 April 2015, and the applicant responded in full on 28 August 2015. A hearing now needs to be set to hear and determine the application.

10. The application site is located within a sensitive rural/residential area. The notification of the application received some media interest, with Radio New Zealand running a story on the application on 9 April 2015 (http://rnz.to/1IKCHP6) and requesting subsequent updates from council staff regarding the timing of a hearing. The activity has attracted a range of historical complaints from the local community about noise and air discharge effects, and continues to generate significant community opposition, as evidenced by submissions and two petitions from the Waitakere School Board of Trustees and the Waitakere Community Action Group. Based on the above, it is considered likely that there will be a media presence at the hearing.

11. Copies of aerial photographs of the site and surrounds are attached as Attachment A.

Consideration

12. The Hearings Committee has adopted a hearings policy at section 4.2 refers to “Allocation of decision making responsibility between elected members, independent commissioners and staff". This includes procedural decisions such as whether or not to notify in addition to substantive decision-making. Section 4.2.2 states that in deciding who is the most appropriate decision maker, the Hearings Committee will take into account recommendations from staff, the significance of a particular matter and whether it is contentious.

13. This application is considered potentially significant and contentious as it involves the discharge of contaminants to air in a sensitive rural/residential location, the activity has been subject to a range of historical complaints about noise and air discharges, the activity continues to generate a large amount of community opposition, and the resource consent application has received media interest.

14. For the reasons highlighted above and in accordance with the Hearings Committee policy, it is considered that the Hearings Committee should determine the decision makers for this application. It is recommended that commissioners with air discharge and planning expertise be appointed to consider the application.

Local Board views and implications

15. A comment was received via email on 15 December 2014, from Mr Greg Presland, Planning Spokesperson for the Waitakere Ranges Local Board. Mr Presland noted that:

“This application is problematic. The site has caused local concern for some time. The industrial use is not sympathetic to the surrounding area and reverse sensitivity issues arise. Clearly there is local concern at the operation of the plant and I would suggest the application be notified. Is the area in the Waitakere Ranges Heritage Area? Reports do not seem to mention this’”.

16. The site is just outside the Waitakere Heritage Area. Further feedback from Mr Presland was received following the notification of the application, on 18 March 2015 that re-iterated the above concerns.

Māori impact statement

17. There is a requirement under Rule G.2.7.4.4 of the Proposed Auckland Unitary Plan (PAUP) to engage with iwi that hold mana whenua over the area within which the subject site is located, to determine whether a Cultural Impact Assessment (CIA) is required for an application. Specifically, for this application the discharge to air triggers the requirement to liaise with iwi under Rules G.2.7.4.4(4)(b).

18. The applicant contacted the relevant iwi and the responses were as follows:

· Ngati Whatua O Kaipara – No CIA required. Iwi asked for and were sent numerical data comparing the discharges between the existing operation and that proposed (and provided no further comment thereafter).

· Ngati Whatua Orakei Whai Maia – Support the improvement of air quality. No CIA required.

· Te Kawerau Iwi Tribal Authority – Consider themselves to be an affected party as mana whenua. Contributions of carbon dioxide, greenhouse gases, and particulate matters are issues which affect the health of the people and the environment. However, improvements to the process are noted, being: the replacement of diesel burners with clean burning natural gas; reducing discharges to one third of those currently permitted; and full compliance with the National Standards for Air Quality. Provided these improvements are achieved (i.e. on-going monitoring), the iwi do not require a CIA to be undertaken.

· Te Runanga o Ngati Whatua - Support the application and applicant’s efforts to improve and enhance the quality of discharges to air (no CIA requested).

19. Following notification a neutral submission from Ngati Whatua Orakei Whai Maia was lodged.

Implementation

20. There are no financial or legal implications beyond those normally associated with the appointment of hearing commissioners. The applicant meets the costs of commissioners.

Attachments

No.	Title	Page
a View	Aerial photographs of Site and Surrounds	21

Signatories

Authors	Robert Andrews - Resolutions Team Manager
Authorisers	Ian Smallburn - General Manager Resource Consents

Hearings Committee

20 October 2015

Noting the decisions to appoint local elected members to Accord Territorial Authority hearings panels - 23 September 2015

File No.: CP2015/20188

Purpose

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

Executive Summary

2. Bill McEntee, Papakura Local Board member, was appointed to the ATA Panel to consider the Hingaia SHA proposed plan variations and concurrent qualifying development consent applications.

3. Stephen Udy, Howick Local Board member, was appointed to the ATA Panel to consider the Flatbush Strategic SHA proposed plan variation and concurrent qualifying development consent applications.

4. The authority to appoint local elected members to ATA Panels were 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 decision was made by Chairperson Linda Cooper, Councillor Calum Penrose and Member Glenn Wilcox on 23 September 2015.

Recommendations

That the Hearings Committee:

a) note the decision to appoint local elected member Bill McEntee to the Accord Territorial Authority Panel to consider the Hingaia Special Housing Area plan variations.

b) note the decision to appoint local elected member Stephen Udy to the Accord Territorial Authority Panel to consider the Flatbush Strategic Special Housing Area plan variation.

Attachments

No.	Title	Page
a View	Hingaia Special Housing Area - Appointment of Local Elected Member to Accord Territorial Authority hearings panel	25
b View	Flatbush Strategic Special Housing Area - Appointment of Local Elected Member to Accord Territorial Authority hearings panel	27

Signatories

Authors	Louis Dalzell - Democracy Advisor
Authorisers	Ian Smallburn - General Manager Resource Consents

Hearings Committee

20 October 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 Resource Consent Appeal: Proposed removal of a scheduled Norfolk Island Pine tree, 50 Station Road, Otahuhu

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