I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 15
March 2016
2.00pm
Room 1, Level
26
135 Albert Street
Auckland
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Hearings Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Cr Linda Cooper, JP
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Deputy Chairperson
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Cr Penny Webster
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Members
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Cr Anae Arthur Anae
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Cr Chris Darby
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Cr Calum Penrose
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Mr David Taipari
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Cr Wayne Walker
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Mr Glenn Wilcox
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Ex-officio
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Mayor Len Brown, JP
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Deputy Mayor Penny Hulse
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(Quorum 3 members)
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Louis Dalzell
Democracy Advisor
9 March 2016
Contact Telephone: (09) 890 8135
Email: louis.dalzell@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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:
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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;
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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.
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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.
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Hearings
Committee
15 March 2016
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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 District Licensing Committee 2016 recruitment process 9
8 Appointment of Independent Commissioners - Notice of
Requirement for a Designation for a Primary School and Early Childhood
Education Centre at 47 & 49 Gilbransen Road, Huapai 13
9 Appointment of independent commissioners: Application for
resource consent to subdivide a 3.1906ha site into 4 sites and waiver the
requirement for an Esplanade Reserve at 1346 Laurie Southwick Parade, Hobbs Bay
17
10 District and Regional Plans Appeal Status Report at 29
February 2016 35
11 Consideration of Extraordinary Items
PUBLIC EXCLUDED
12 Procedural Motion to Exclude the Public 41
C1 New Resource Consent Appeal: Munoz v Auckland Council -
proposed construction of two further residential units, Mount Albert 41
C2 Resource Consent Appeals: Status Report 15 March 2016 41
At the close of the agenda apologies had been received from Mayor
Len Brown and Deputy Mayor Penny Hulse.
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
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That the Hearings Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday, 16 February 2016, including the
confidential section, as a true and correct record.
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4 Local Board Input
Standing Order 3.22 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 two (2) 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 3.9.14
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.
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Hearings
Committee
15 March 2016
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District
Licensing Committee 2016 recruitment process
File No.: CP2016/02697
Purpose
1. To approve the District
Licensing Committee recruitment process for 2016.
Executive
Summary
2. Auckland’s District Licensing
Committee (DLC) contracts are due to expire in October 2016, therefore a new
pool of DLC chairs and members must be appointed before that date.
3. The DLC is currently made up of
11 chairpersons and 20 members, who consider and determine alcohol licence
applications across the Auckland region. A review of the DLC structure in June
2015 resulted in a decision by the Regional Strategy and Policy Committee to
retain the region-wide structure but reduce the number of members from October
2016.
4. Based on the recent volume of
applications, staff recommend that five chairpersons and 10 members be
appointed.
5. This report sets out a process
for DLC recruitment in 2016, and recommends that a selection panel of senior
managers and one or two Independent Māori Statutory Board member(s) be
appointed to decide selection criteria, interview candidates and recommend a
final list of candidates to the Hearings Committee for approval to appoint.
6. A range of stakeholders
including councillors, reporting agencies and staff have an interest in alcohol
licensing and the DLC recruitment process, and will be invited to provide input
into criteria for candidate selection.
7. Criteria for selection will be
established during March and April 2016, with the vacancies being advertised in
May. The selection panel will conduct interviews in June and July, before
making a final recommendation to the Hearings Committee in August 2016.
8. The timing of the Sale and
Supply of Alcohol Act 2012 coming into effect has meant that DLC contracts
currently expire during local government elections. Staff propose to extend the
DLC contract to 30 June 2020 to align with Auckland Council’s financial year
and ensure that elected members are able to appoint the DLC early in the
electoral term.
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Recommendation/s
That the Hearings Committee:
a) approve the process for
recruiting five chairpersons and ten members to Auckland Council’s District
Licensing Committee in 2016.
b) appoint a selection panel
consisting of senior managers from Democracy Services, Licensing and
Compliance Services, and Legal Services, and one or two Independent Māori
Statutory Board member(s) to decide selection criteria, shortlist and
interview candidates and present their recommendation to the committee for
approval to appoint.
c) provide guidance
concerning specific criteria to be included.
d) nominate one or two Hearings
Committee councillors to provide input into selection criteria for District
Licensing Committee candidates.
e) agree that the next District
Licensing Committee contract term be until 30 June 2020, to align with
Auckland Council’s financial year and enable elected members to appoint the
committee early in the electoral term.
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Comments
Background
and overview
9. In 2013, Auckland Council
established its first District Licensing Committee (DLC) to consider and
determine alcohol licence applications under the Sale and Supply of Alcohol Act
2012.
10. The DLC chairpersons and members’
contracts are due to expire on 15 October 2016, therefore a new DLC must be in
place before that date to ensure continuity of service.
11. This report sets out the proposed
process and timelines for recruitment of a new DLC.
DLC
Structure and number of members
12. In August 2013, the Governing
Body approved the option of a region-wide pool of approved persons as the
preferred structure for forming DLCs.
13. The structure of the DLC was
reviewed after a year of operation and on 5 June 2015, the Regional Strategy
and Policy Committee agreed to retain the existing region-wide structure but
reduce the number of chairpersons and members from October 2016.
14. The workload of the DLC since its
inception has been significantly lower than expected. For example,
approximately one per cent of applications go to a public hearing, compared
with an anticipated 15 per cent.
15. Based on recent application
volumes, staff recommend that five chairs and ten members be recruited to the
new DLC pool. This equates to a workload of 15-20 hours per week for chairs and
three - five hours per week for members, based on a 48-week year.
16. Although the chairs and members
will not be utilised full-time, the recommended numbers allow for even
geographic representation across Auckland and back-ups for when chairs/members
are on leave or when there are multiple hearings in one week.
17. Under the Sale and Supply of
Alcohol Act 2012, DLC chairs and members can be appointed for a term (and
further terms) of up to five years. The duration of Auckland Council’s first
appointed DLC was three years. The timing of the Sale and Supply of Alcohol Act
2012 coming into effect has meant that DLC contracts currently expire during
the local government election. Staff propose that the next DLC contract term be
extended to 30 June 2020 (three years and eight months), to align with Auckland
Council’s financial year and ensure that elected members are able to appoint
the DLC in the first year of the electoral term.
Roles
and membership of selection panel
18. The Hearings Committee has
previously used selection panels to recruit independent resource management
commissioners and District Licensing Committee members. This format enables
involvement from a cross-sector of the organisation and sharing of the workload
associated with a large recruitment exercise.
19. To ensure a robust and fair
process, staff recommend that the selection panel be made up of senior managers
from Democracy Services, Licensing and Compliance Services, and Legal Services,
and one or two Independent Māori Statutory Board member(s). The members
will divide into two panels for interviews.
20. A key aspect of a robust
recruitment process is the establishment of criteria for candidate selection.
The Sale and Supply of Alcohol Act specifies that DLC members must have
experience relevant to alcohol licensing matters, but not such an involvement
with the alcohol industry that they could not perform their duties without
bias.
21. It is important that all parties
to the alcohol licensing process have confidence in the skills of the DLC
members and their ability to determine matters in an impartial way. Reporting
agencies (Police, Medical Officer of Health and the Inspectorate), elected
members and staff across council have had experience with the DLC since its
inception and can provide valuable input into criteria for candidate selection.
22. Staff will meet with reporting
agencies to propose and discuss criteria for candidate selection. Current DLC
members and chairs will also be asked for their input.
23. Staff propose that one or two
councillors on the Hearings Committee provide input either through a meeting
with the selection panel or electronically.
24. The selection panel will:
· develop
and finalise criteria for candidate selection
· review
advertisement content, position description and contracts/service agreements
· review
about 60 expected applications and shortlist candidates
· conduct
interviews
· decide
final candidates for recommendation to the Hearings Committee.
Recruitment
process and timeframes
25. The table below sets out the
proposed process and timeframes for DLC recruitment:
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What
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Who
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When
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Approval of recruitment process and establishment of
selection panel
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· Hearings Committee
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15 March 2016
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Establish criteria for candidate selection
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· Selection panel
· 1-2 councillors from Hearings Committee
· Current DLC members and chairs
· Democracy Services and Licensing and Compliance Services
staff
· Reporting agencies
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March-April 2016
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Advertise for DLC applications
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· Selection panel
· Democracy Services and People and Capability staff
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May 2016
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Shortlist applications
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· Selection panel
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June 2016
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Interview candidates
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· Selection panel
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June/July 2016
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Approve final candidates for appointment
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· Hearings Committee
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August 2016
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Offer and award contracts
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· Democracy Services staff
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September 2016
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Contract start date
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· DLC chairs and members
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16 October 2016
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Training and induction
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· DLC chairs and members
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October-December 2016
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Consideration
Local
board views and implications
26. Local boards have the ability to
object to alcohol licence applications under delegated authority from the
Governing Body. Local boards have also provided a significant amount of input
and feedback on the operation of the DLC through the DLC review and have an
interest in the DLC recruitment process.
Māori
impact statement
27. DLC matters are of interest and
importance to Māori given the impact of alcohol on Māori communities.
28. This report recommends that one
or two representative(s) from the Independent Māori Statutory Board be
appointed to the DLC selection panel. This will enable involvement in setting
criteria relating to the Treaty of Waitangi and community awareness, and
assessing candidates against those criteria.
Implementation
29. The DLC recruitment process will
begin in March 2016 and finish in October 2016. A comprehensive training and
induction programme will be provided to the new chairs and members as soon as
they are appointed.
30. The cost of DLC recruitment will
be met within existing operational budgets.
Attachments
There are no attachments for
this report.
Signatories
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Author
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Elizabeth McKenzie - Principal Advisor Hearings
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Authorisers
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Marguerite Delbet - Manager Democracy Services
Ian Smallburn - General Manager Resource Consents
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Hearings
Committee
15 March 2016
|
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Appointment of Independent Commissioners - Notice of
Requirement for a Designation for a Primary School and Early Childhood
Education Centre at 47 & 49 Gilbransen Road, Huapai
File No.: CP2016/03085
Purpose
1. To appoint independent
commissioners to hear submissions received and to make a recommendation on the
Notice of Requirement for a designation for a Primary School and Early
Childhood Education Centre at 47 and 49 Gilbranson Road, Huapai (Auckland
Council District Plan – Rodney Section).
Executive
Summary
2. The Minister of Education (the
MoE), being the Requiring Authority, has lodged a Notice of Requirement (the
Notice) for a designation for a Primary School and Early Childhood Education
Centre at 47 and 49 Gilbranson Road, Huapai.
3. The MoE is seeking to enable the
future development and subsequent use of education facilities on the subject
site for primary school and early childhood education.
4. Public notification of the
Notice occurred on 18 December 2015. Submissions closed on 9 February 2016.
5. It is recommended that independent
commissioners be appointed to hear submissions and to make a recommendation to
the Requiring Authority on the Notice of Requirement.
6. Given the range of matters that
are likely to be considered at a hearing, it is recommended that the
commissioners’ areas of expertise include planning (including designation
processes), and traffic.
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Recommendations
That the Hearings Committee:
a) appoint three independent
commissioners, one to be Chair, to hear submissions, and to make a
recommendation on the Notice of Requirement for a designation for a Primary
School and Early Childhood Education Centre at 47 and 49 Gilbranson Road,
Huapai under section 171 of the Resource Management Act 1991.
b) delegate authority to the
Chairperson of the Hearings Committee to make a replacement appointment
should any of the independent commissioners be unavailable.
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Comments
7. The Minister of Education (the
MoE), being the Requiring Authority, has lodged a Notice of Requirement (the
Notice) for a designation for a Primary School and Early Childhood Education
Centre at 47 and 49 Gilbranson Road, Huapai. A locality plan is contained in
Attachment A.
8. The designation seeks to enable
the future development of a primary school and Early Childhood Education Centre
in order to service the projected residential population within the Huapai
North area, and to also potentially service some of the existing population in
Huapai and Kumeu.
9. No associated resource consent
has been lodged, or outline plan of works provided.
10. The site has been purchased by
the Crown for ‘Education Purposes’.
11. The MoE requested full
notification. Public notification of the Notice occurred 18 December 2015.
Submissions closed on 9 February 2016.
12. Six submissions were received,
with all submitters wanting to be heard. Traffic is a main issue which has been
raised by submitters.
Consideration
Local
Board views and implications
13. As the MoE requested that the
Notice be fully notified, the local board’s view on notification was not
required. However, an information memo (dated 13 January 2016) was sent to the
Rodney Local Board (the Board) which provided an overview of the Notice and the
general designation process.
14. The Board provided comment on the
Notice, dated 20 January 2016. The Board support the Notice, though the Board
comments on traffic matters, and state their general support for a travel plan
to be prepared.
Māori
impact statement
15. Consultation letters were sent by
the Requiring Authority to iwi groups with an interest in the Rodney Local
Board area (informed by the contacts list on the Auckland Council website). The
letter sought the identification of iwi or hapu who may have a specific
interest in the project.
16. Ngā Maunga Whakahii o
Kaipara Trust and Te Kawerau Iwi Tribal Authority both expressed interest in
the proposal, and seek ongoing engagement through the designation process, as
well as through the detailed design phase of the school. Ngā Maunga
Whakahii o Kaipara Trust and Te Kawerau Iwi Tribal Authority did not make a submission
to the Notice, nor did any other iwi group. The MoE states in the Notice that
ongoing engagement may be required with iwi as a result of this designation
process.
Implementation
17. There are no financial costs or
legal implications beyond those usually associated with the appointment of
independent commissioners. The costs of processing the Notice, including the
costs of independent commissioners, are recoverable from the Requiring
Authority.
Attachments
|
No.
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Title
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Page
|
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aView
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Locality Plan
|
15
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Signatories
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Author
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Kimberley Edmonds - Planner
|
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Authorisers
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John Duguid - General Manager - Plans and Places
Ian Smallburn - General Manager Resource Consents
|
|
Hearings
Committee
15 March 2016
|
|
|
Hearings Committee
15 March 2016
|
|
Appointment of independent commissioners: Application
for resource consent to subdivide a 3.1906ha site into 4 sites and waiver the
requirement for an Esplanade Reserve at 1346 Laurie Southwick Parade, Hobbs Bay
File No.: CP2016/04100
Purpose
1. To appoint commissioners to make
decisions under section 104 of the Resource Management Act 1991 (RMA) on a
publicly notified application for resource consent to undertake a four lot
subdivision with a waiver for an Esplanade Reserve at 1346 Laurie Southwick
Parade, Hobbs Bay (Pt Lot 1 DP 124672).
Executive
Summary
2. The application by Panuku
Development Auckland seeks consent for a four lot subdivision including the
waiver of esplanade reserve. The application site is prominently located at the
entrance to the Gulf Harbour marina. Originally applied for in 2009, the
application has been recently notified and has attracted a significant number
of submissions and media interest.
3. The application is regarded by
staff as contentious and as defined by the Hearings Committee Policy, the
Hearings Committee is responsible to determine the decision makers for such
matters. 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”). As the applicant is a council controlled
organisation, only independent commissioners are recommended.
|
Recommendation/s
That the Hearings Committee:
a) appoint
three independent commissioners to hear submissions and determine the
application for a four lot subdivision by Panuku Development Auckland,
located at 1346 Laurie Southwick Parade, Hobbs Bay, 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
Background
4. On 15
September 2009, council received an application for resource consent from
Rodney District Council to undertake a four lot subdivision with the waiver of
an esplanade reserve at 1346 Laurie Southwick Parade, Hobbs Bay. Plans of the
proposed subdivision and aerial photo are attached to this report as Attachment
A.
5. In
October 2010 an independent commissioner determined that the application was to
proceed on a fully notified basis due to a history of public interest in the
use of this site, and the application not being clear or express provision
being made for the manner in which the public will be able to access part of
the subdivided land in the future. The applicant was advised of the
notification decision and in December 2010 advised council that they wished to
put the application on-hold. A copy of the independent commissioner’s
notification decision is provided as background and included as Attachment
B. The application has remained on hold until September 2015, whereby
Panuku Development Auckland (as applicant successor), confirmed that they
wished to proceed to a hearing.
Application
and Processing
6. Resource
consent for a discretionary activity is sought to undertake a four lot
subdivision at 1346 Laurie Southwick Parade, Hobbs Bay, being legally described
as Pt Lot 1 DP 124672. The proposal involves:
· The
creation of the following four lots:
o Lot
7 measuring approximately 15,600m2
o Lot
8 measuring approximately 8,430m2
o Lot
9 measuring approximately 6,210m2
o Lot
10 measuring 320m2
7. A
public right of way easement is proposed over proposed Lot 7 in favour of
proposed Lots 8 and 9, to provide access to the landlocked lots.
8. Built
development on the site is to be limited by way of consent notice to areas as
noted on the proposed Scheme Plan.
9. An
Esplanade Reserve is not included within the subdivision.
10. The application site contains the Gulf Harbour ferry
terminal and associated parking area, and also boat launching facilities.
11. The
application for resource consent was publicly notified on 4 December 2015 at
the request of the applicant. At the close of the submissions period, 375
submissions were received, with 370 in opposition, 4 neutral and 1 in support (386 including late submissions). The main concerns raised in
submissions relate to public access, and the ability to gain access to the site
and coast, and any associated fees that may incur in the future.
Consideration
General
12. 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.
13. 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, the media and social media.
14. 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,
landscape architecture, engineering and traffic expertise. As the applicant is
a council controlled organisation, only independent commissioners are
recommended.
Local
Board views and implications
15. The local board were notified of
the application on 4 December 2015 when the application was publicly notified.
Comments have been received from the Hibiscus and Bays Local Board that raise
concerns over the waiver of esplanade reserve and the potential loss of free
public access to the car park, and access to the public ferry service and
public boat ramp. These issues will be considered as part of the reporting
officers Section 42A report.
Māori
impact statement
16. There is no record of the site
having particular significance to iwi. The 2009 application is silent on
engagement with iwi and pre-dates the current Auckland Council consultation
process. No submission from iwi have been received.
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
|
|
aView
|
Application Scheme Plan and Aerial Photo
|
21
|
|
bView
|
Independent Commissioner Notification Decision 7
October 2010
|
25
|
Signatories
|
Author
|
Robert Andrews - Resolutions Team Manager
|
|
Authoriser
|
Ian Smallburn - General Manager Resource Consents
|
|
Hearings
Committee
15 March 2016
|
|
|
Hearings
Committee
15 March 2016
|
|
|
Hearings
Committee
15 March 2016
|
|
|
Hearings Committee
15 March 2016
|
|
District and Regional Plans Appeal Status Report at 29
February 2016
File No.: CP2016/04075
Purpose
1. To receive an update on the
current status of outstanding appeals region wide.
Executive
Summary
2. This report
provides a summary of current district and regional plan appeals (refer
Attachment A). Should members have detailed questions concerning specific
appeals, it would be helpful if they could be raised with Warren Maclennan –
(Mobile 021 646590), or email warren.maclennan@aucklandcouncil.govt.nz,
prior to the meeting.
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Recommendation/s
That the Hearings Committee:
a) receive the
District and Regional Plans Appeal Status Report.
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Comments
3. The summary
table is attached as Attachment A.
Consideration
Local
Board views and implications
4. Local board
views have not been sought as this report is a status report and does not seek
any specific decisions in relation to the appeals.
Māori
impact statement
5. The decision
requested of the Hearings Committee is to receive this progress report on
appeals rather than to decide each appeal.
6. All of these
appeals relate to Plan Changes or Notices of Requirement which are being
processed according to the Resource Management Act. As each appeal is
negotiated or settled, a report is prepared for the Committee’s consideration
which includes a Māori Impact Statement covering matters related to each
specific matter.
Implementation
7. There are no
implementation issues.
Attachments
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No.
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Title
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Page
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aView
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Region-wide Appeals Status Report at 29 February 2016
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37
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Signatories
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Author
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Warren Maclennan - Manager Planning - North/West
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Authorisers
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John Duguid - General Manager - Plans and Places
Ian Smallburn - General Manager Resource Consents
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Hearings
Committee
15 March 2016
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Hearings
Committee
15 March 2016
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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 New Resource Consent Appeal: Munoz v Auckland Council -
proposed construction of two further residential units, Mount Albert
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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.
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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.
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C2 Resource Consent Appeals: Status Report 15 March 2016
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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 that could
compromise the council in undertaking without prejudice negotiations of these
appeals that are before the Environment Court.
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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.
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