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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 15 March 2016

2.00pm

Room 1, 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

 

9 March 2016

 

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

15 March 2016

 

 

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  

 


1          Apologies

 

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

 

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.

 

 

 

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.

 


Hearings Committee

15 March 2016

 

 

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.

 

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.

 

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:

What

Who

When

Approval of recruitment process and establishment of selection panel

·   Hearings Committee

15 March 2016

Establish criteria for candidate selection

·   Selection panel

·   1-2 councillors from Hearings Committee

·   Current DLC members and chairs

·   Democracy Services and Licensing and Compliance Services staff

·   Reporting agencies

March-April 2016

Advertise for DLC applications

·   Selection panel

·   Democracy Services and People and Capability staff

May 2016

Shortlist applications

·   Selection panel

June 2016

Interview candidates

·   Selection panel

June/July 2016

Approve final candidates for appointment

·   Hearings Committee

August 2016

Offer and award contracts

·   Democracy Services staff

September 2016

Contract start date

·   DLC chairs and members

16 October 2016

Training and induction

·   DLC chairs and members

October-December 2016

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

Author

Elizabeth McKenzie - Principal Advisor Hearings

Authorisers

Marguerite Delbet - Manager Democracy Services

Ian Smallburn - General Manager Resource Consents

 


Hearings Committee

15 March 2016

 

 

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.

 

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.

 

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.

Title

Page

aView

Locality Plan

15

     

Signatories

Author

Kimberley Edmonds - Planner

Authorisers

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:

Lot 7 measuring approximately 15,600m2

Lot 8 measuring approximately 8,430m2

Lot 9 measuring approximately 6,210m2

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.

 

Recommendation/s

That the Hearings Committee:

a)      receive the District and Regional Plans Appeal Status Report.

 

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

No.

Title

Page

aView

Region-wide Appeals Status Report at 29 February 2016

37

     

Signatories

Author

Warren Maclennan - Manager Planning - North/West

Authorisers

John Duguid - General Manager - Plans and Places

Ian Smallburn - General Manager Resource Consents

 


Hearings Committee

15 March 2016

 

 



     

 


Hearings Committee

15 March 2016

 

 

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

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains 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.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C2       Resource Consent Appeals: Status Report 15 March 2016

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains information that could compromise the council in undertaking without prejudice negotiations of these appeals that are before the Environment Court.

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.