I hereby give notice that an ordinary meeting of the Unitary Plan Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 3
February 2016
1.30pm
Level 26,
Room 1
135 Albert Street
Auckland
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Unitary Plan Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Cr Alf Filipaina
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Deputy Chairperson
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Deputy Mayor Penny Hulse
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Members
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Cr Anae Arthur Anae
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Cr Dr Cathy Casey
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Cr Chris Darby
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Cr Denise Krum
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Member Liane Ngamane
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Cr Calum Penrose
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Member Josie Smith
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Cr Wayne Walker
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Cr Penny Webster
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Ex-officio
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Mayor Len Brown, JP
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(Quorum 6 members)
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Quroum must include at least 2 named
voting members
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Katherine Wilson
Democracy Advisor
27 January 2016
Contact Telephone: (09) 890 8133
Email: katherine.wilson@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Responsibilities
A committee that will give direction to officers on matters
associated with the Unitary Plan including:
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Council’s submission to the UP (final sign off with parent committee)
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Response to matters raised by the submission process
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Pre-hearing mediation
Substantive issues of policy require approval by the parent
committee.
Powers
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 limited to making a recommendation only
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
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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.
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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.
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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.
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In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
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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).
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However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
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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
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Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
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Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
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All staff supporting the meeting (administrative, senior
management) remain.
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Other staff who need to because of their role may remain.
Local Board members
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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
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Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council Controlled
Organisation.
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Unitary Plan
Committee
03 February
2016
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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 Proposed Auckland Unitary Plan - Withdrawal of Auckland
Council submission #5716-2763 in relation to Vector designation 8842 9
10 Consideration of Extraordinary Items
Apologies from
Mayor LCM Brown and Cr C Darby 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.
3 Confirmation of Minutes
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That the Unitary Plan Committee:
a)
confirm the ordinary minutes of its meeting,
held on Wednesday, 9 December 2015, including the
confidential section, as a true and correct record.
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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.
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Unitary Plan
Committee
03 February
2016
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Proposed
Auckland Unitary Plan - Withdrawal of Auckland Council submission #5716-2763 in
relation to Vector designation 8842
File No.: CP2015/27869
Purpose
1. To gain Council approval to
withdraw Auckland Council (Council) submission point number 5716-2763 on Vector
Limited’s Designation 8842: 110kV Electricity Line. The Council’s submission
point 5716-2763 sought to delete Condition 4 within the designation that states:
“4. Subject to Section 184 of the Resource
Management Act 1991, the designation shall lapse on the expiry of 15 years
after the date on which it is included in the District Plan.”
Executive
Summary
2. As worded in the notified
version of the Proposed Auckland Unitary Plan, Vector Limited’s (Vector)
Designation 8842: 110kV Electricity Line (410 Albany Highway to State Highway 1
(Constellation Drive), Rosedale and Currys Lane, Wairau Valley).
3. The Council lodged submission
5716-2763 to correct this inconsistency. The submission sought to delete
Condition 4 to clarify that the designation “has been given effect to”. The
Council made this submission on the understanding that the designation had
already been given effect to. Of the seven further submissions points made in
respect of the Council submission, only one specifically relates to designation
8842. The remaining submission points are general submission points concerning
the wider Council submission.
4. Council staff met with
representatives of Vector on 29 September 2015. At the meeting, Vector
clarified that the designation had not yet been given effect to, and for this
reason the 15 year lapse date needed to be retained. Council staff have
accepted that submission point 5716-2763 was made on the mistaken assumption
that the designated works had already been completed, and acknowledge that
Condition 4 should be retained. The Vector designation shares the same
transmission corridor as a Transpower corridor designation, and Vector intends
the 15-year lapse period to keep its option to install or upgrade its lines
along the corridor in the event that population growth in the Albany area
justifies it. As it shares the transmission corridor with Transpower, no third
parties would be any more affected than they already are by the designation.
5. An appropriate and convenient
way of resolving this matter is for the Council to withdraw submission point
5716-2763.
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Recommendation/s
That the Unitary Plan
Committee:
a) approve and authorise the
withdrawal of Auckland Council submission number 5716-2763 in relation to
Vector designation 8842.
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Comments
6. As worded in the notified
version of the Proposed Auckland Unitary Plan, Vector Limited’s (Vector)
Designation 8842: 110kV Electricity Line (410 Albany Highway to State Highway 1
(Constellation Drive), Rosedale and Currys Lane, Wairau Valley) states in the
introductory summary table that the lapse date for the designation has been
“given effect to (i.e. no lapse date)”.
7. However, Condition 4 of the
designation states that “the designation shall lapse on the expiry of 15 years
after the date on which it is included in the District Plan”. The two
statements are clearly inconsistent.
8. The Council lodged submission
5716-2763 to correct this inconsistency. The submission sought to delete
Condition 4 to clarify that the designation “has been given effect to”. The
Council made this submission on the understanding that the designation had
already been given effect to.
9. Vector lodged submission
2745-659 also seeking to correct this inconsistency. Vector's submission sought
to amend the introductory summary table statement that the designation had been
given effect to in order to “reflect the 15 year lapse date noted in condition
4”. The relief sought by Vector in submission point 2745-659 directly
conflicts with the relief sought by the Council in submission 5716-2763. No
other submission points were made in respect of designation 8842.
10. Council staff met with
representatives of Vector on 29 September 2015. At the meeting, Vector
clarified that the designation had not yet been given effect to, and for this
reason the 15 year lapse date needed to be retained. Council staff have
accepted that submission point 5716-2763 was made on the mistaken assumption
that the designated works had already been completed, and acknowledge that
Condition 4 should be retained. On this basis, Council staff agreed that the
relief sought in Vector's submission point 2745-659 is to be preferred, and is
necessary to resolve the inconsistent lapse dates in the notified version of
the designation, and reflect the correct position.
11. An appropriate and convenient way
of resolving these two conflicting submissions is for the Council to withdraw
submission point 5716-2763. Withdrawing the submission would remove the need
for the Panel to make a recommendation on both of these submission points, and
in general facilitate the roll-over of this designation subject to the changes
sought by Vector in submission point 2745-659. Overall, there is no benefit to
be gained by the Council or any other party in retaining the Council’s
submission point 5716-2763.
Consideration
Local
Board views and implications
12. This report deals with an
administrative matter that is not considered to have any implications for the
relevant Local Boards.
Māori
impact statement
13. This report deals with an
administrative matter and is not considered to have any impact on Māori.
Implementation
14. The recommendation made in this
report can be implemented with the Plans and Places department budget.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Bain Cross – Principal Planner, Unitary Plan
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Authorisers
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John Duguid - General Manager - Plans and Places
Penny Pirrit - Director Regulatory Services
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