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Resolution number OR/2017/7
MOVED
by Chairperson C Davis, seconded by Member R Rundle:
That the Ōrākei
Local Board:
a) approves
a temporary licence to occupy to Akarana Marine Sports Charitable Trust to occupy areas
A,B,C,D of The Landing at 8-12
Tāmaki Drive, as shown on the attached ‘The Landing Licence
Areas’ plan subject to:
i.
the term of the
licence being from 30 March 2017 to 30 March 2019 unless the building project
finishes earlier at which point the licence will cease on the date of
practical completion;
ii.
the terms and
conditions of the landowner approval letter dated 29 September 2016 applying
for the duration of the licence as follows:
a) The site areas to be occupied shall be in
accordance with the plans in ‘The Landing Licence Areas’
attachment.
b) The work site compound (area A) shall be
fenced off from the public, and signage put up, showing how long the work
will be undertaken, the purpose of the works, and contact details of the
applicant or their agent.
c) Close boarded tree fences shall be installed
around the Council’s trees within the car park in the work site
compound A. These shall remain for the duration of the occupation to protect
the trees. These shall be installed to the satisfaction of Auckland
Council’s arboricultural advisor.
d) The applicants must contact the Maintenance
Delivery Coordinator Community Facilities provided with five working
days’ notice, to arrange a pre-commencement site meeting to discuss the
proposed works. The Maintenance Delivery Coordinator shall approve:
§
Timing, methodology and
procedure of the installation of toilets and containers;
§
Provide a Health and
Safety plan
§
Provide a copy of the
Public liability insurance
§
Signage and closing off
the work area from the public.
§
Check tree fencing has
been installed
e) The containers, toilet and work site compounds
shall be left secure overnight.
f) During occupation, any graffiti on the
portable buildings / containers / toilet shall be removed promptly.
Where advice is received of graffiti to be removed, it shall be removed
within five working days of the report and the Maintenance Delivery Coordinator
Community Facilities notified of the removal.
g) During occupation the applicant is to remove and
control all their litter and ensure the security and safety of work site.
h) Any activities planned shall be done so in
order to avoid conflicts with existing users of the car park.
i) The applicants will bear all liability for any
damage to the Council car park or other assets that result from the
installation of the containers, toilets and work site compound. The ground
surfaces shall be reinstated to the satisfaction the Park Ranger.
j) Any physical work must be carried out in
accordance with the requirements of the Health and Safety at Work Act 2015.
The contractors undertaking the work shall:
(a)
have all relevant
current health and safety qualifications;
(b)
comply with all
reasonable directions given by the Council in relation to health and safety
in connection with the
Council Land.
(c)
ensure, so far as
is reasonably practicable, the health and safety of its representatives and
those who are influenced or directed by it while carrying out work for it;
(d)
ensure the health
and safety of other persons, including service providers, the public, and
visitors, is not put at risk from works carried out; and
(e)
ensure, so far as
is reasonably practicable, that the way in which any equipment is installed
is without risks to the health and safety of any persons who:
(i)
use or install such
Equipment;
or
(ii)
are at or in the
vicinity and may be affected by that use or activity.
(f)
Immediately provide
the Council with information about any health and safety matters relating to
the works, if requested.
k) Once the containers, toilet and site compounds
are removed, all areas of disturbed ground concrete or sealed surface shall
be reinstated to their original levels to the satisfaction of the General
Manager of Community Facilities.
l) All noise generated from the approved works
shall comply with the provisions of the New Zealand Standard NZS 6803:1999
“Acoustics – Construction Noise.
m) This licence provides landowner approval only
and does not replace the requirement for resource or building consent. All
works must be completed in accordance with the rules of the Auckland Council
District Plan - Operative Auckland City - Isthmus Section 1999, Unitary Plan
or the conditions of any resource consent issued by Auckland Council.
n) The containers, toilet, yacht storage area and
work site compound area, must be removed or restored to their former
condition where practicable at the end of the licence term unless this
license to occupy has been extended or a new licence to occupy is granted.
o) If there are, any amendments to this proposal
a new assessment will need to be undertaken by Community Facilities prior to
any works commencing and approval will be subject to the approval of the General Manager Community Facilities Ōrākei Local Board.
p) Please note, Auckland Council is granting
approval for temporary access and occupation and works in its non-regulatory
capacity. This approval does not bind the Council in its capacity as a
regulatory authority in any way, and any consent or approval given under this
agreement is not an approval or consent in its regulatory capacity, and vice
versa. The Council will not be liable to any other party if, in its
regulatory capacity, the Council declines or imposes conditions on any
consent or permission any party seeks for any purpose associated with this
approval.
iii.
all other terms and
conditions in accord with Auckland Council’s Community Occupancy
Guidelines 2012.
CARRIED
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