Agenda of Regulatory Committee

TERMS OF REFERENCE

Responsibilities

The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council. The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy). The committee is responsible for regulatory policy and bylaws. Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.

The committee’s key responsibilities include:

· 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 cannot be sub-delegated)

· hearing and determining matters arising under 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 Regulatory 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 regulatory decision-making

· where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals

· considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including to Local Boards)

· regulatory fees and charges

· recommend bylaws to Governing Body for consultation and adoption

· appointing hearings panels for bylaw matters

· review local board and Auckland water organisation proposed bylaws and recommend to Governing Body

· set regulatory policy and controls, including performing the delegations made by the Governing Body to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 in relation to dogs and GB/2014/121 in relation to alcohol.

· engage with local boards on bylaw development and review

· adopting or amending 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 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 Regulatory Committee.

Relevant legislation includes but is not limited to:

All Bylaws

Biosecurity Act 1993
Building Act 2004
Dog Control Act 1996
Fencing of Swimming Pools Act 1987
Gambling Act 2003;Land Transport Act 1998

Health Act 1956
Local Government Act 1974
Local Government Act 2002
Local Government (Auckland Council Act) 2009
Resource Management Act 1991
Sale and Supply of Alcohol Act 2012
Waste Minimisation Act 2008

Maritime Transport Act 1994
Related Regulations

Powers

(i) All powers necessary to perform the committee’s responsibilities.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b) where the committee’s responsibility is limited to making a recommendation only.

(ii) Power to establish subcommittees.

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.

Regulatory Committee

12 April 2017

Objections to stormwater works at 9 Astley Avenue, New Lynn

File No.: CP2017/01911

Purpose

1. To hear and determine an objection to stormwater works at 9 Astley Avenue, New Lynn pursuant to Section 181 and Schedule 12 of the Local Government Act 2002.

Executive summary

2. This report accompanies the hearing of an objection pursuant to Section 181 of the Local Government Act 2002.

3. A project to construct a stormwater pipeline to service the Clinker Place Special Housing Area in New Lynn has been designed to enable development of approximately 1,500 dwellings on 11.28ha of land in this special housing area. The Crown Lynn Precinct Conceptual Masterplan, which describes the density of the planned developments, has been included as Attachment A to this report. In addition, Clinker Place is zoned as a business metropolitan centre under the Auckland Unitary Plan.

4. Eleven potential pipe alignment options to service the new development have been explored. The proposed alignment, highlighted in Attachment B alongside the affected properties, was identified as the best practicable option. This option involves the construction of approximately 680 metres of new stormwater pipe and will provide sufficient capacity for stormwater management in a ten year rainfall event. Attachment C summarises the options that have been investigated to service this development between 2010 and 2016. Resource consent for this project was granted in January 2017.

5. This proposed works impact on four private properties at 9 Astley Avenue, 10 to 20 Astley Avenue, and 44C Portage Road, as well as the special housing area site at 5 Clinker Place. These properties are identified in Attachment D.

6. In accordance with Section 181 of the Local Government Act 2002, council staff provided notice to owners and occupiers of all affected properties between December 2016 and January 2017 (see Attachment E). The owners of 10 to 20 Astley Avenue and 44C Portage Road have not objected to the proposed works.

7. Both the owner of 9 Astley Avenue, New Lynn Holdings Limited, and their tenant, Croxley Stationery Limited, have lodged objections to the proposed works, in accordance with Section 181 of the Local Government Act 2002.

8. The owner’s objection relates to the impact that the proposed works may have on the tenants, including potential health and safety issues, and the ability to move goods on and off site during construction. The objection also noted that clear start and finish dates were not provided, as well as sufficient justification as to why the pipe needs to be constructed through this property.

9. The main concerns of the tenant are that a safe turning circle for truck movements will not be provided for, that there are no clear start and finish dates, and that there is a potential of losing their sub-tenant, Mitre 10, as a result of the proposed works.

10. It is considered that the objections raised can be mitigated through further discussions, and through a formal agreement between council and the objectors to confirm the final arrangements. This will allow the stormwater works to be completed and the construction site at 9 Astley Avenue to be cleared by July 2018. However, this timeframe can only be confirmed once a contract has been awarded.

Recommendations

That the Regulatory Committee:

a) hear and determine the objection of New Lynn Holdings Limited, the owner of 9 Astley Avenue, New Lynn, pursuant to Section 181 and Schedule 12 of the Local Government Act 2002.

b) hear and determine the objection of Croxley Stationery Limited, the tenants of 9 Astley Avenue, New Lynn, pursuant to Section 181 and Schedule 12 of the Local Government Act 2002.

c) endorse the proposed stormwater works to enable the Clinker Place Special Housing Area development, pursuant to Section 181 of the Local Government Act 2002, and as referenced on the design drawings (Attachment B of the agenda report).

Comments

11. The Clinker Place stormwater works are designed to contribute to the outcomes of the New Lynn Urban Plan, by enabling the development of approximately 1,500 dwellings at the special housing area site. Auckland Council’s New Lynn Transformation programme, which maps out council’s vision for the centre, acts as the masterplan providing clear steps towards achieving that vision.

12. The vision describes that by 2030, New Lynn will be a unique, sustainable, urban place centred on a world-class transit interchange capable of attracting and maintaining a population of 20,000 residents and 14,000 workers.

13. During the development phase of this stormwater project, council’s stormwater and consulting engineers investigated eleven potential alignments of the pipe that would provide the required infrastructure to facilitate development in the area. Attachment C summarises the options that have been investigated for this pipeline between 2010 and 2016.

14. The proposed pipe alignment, which crosses over 9 Astley Avenue, 10 to 20 Astley Avenue, and 44C Portage Road and discharges to Avondale stream, is included in Attachment B. This alignment was identified as the best practicable option and detailed design has been completed based on this option.

15. Further site investigations such as locating underground services, geotechnical investigations, soil and groundwater sampling have been conducted to gain a better understanding of site conditions to enable the proposed pipeline option to be built.

Consideration of options

16. Eleven pipe alignment options have been investigated between 2010 and 2016. In 2010, Synergine explored three options which utilised the existing tunnel alignment, however these options were discounted due to the significant risk of collapse and overall high construction risks. Following this, council staff and GHD consultants developed further options, most of which did not use the existing tunnel. A further option was developed where the downstream section of the GHD’s preferred alignment was altered to avoid constructing the pipeline diagonally beneath future buildings on 10 to 20 Astley Avenue. This alteration led to the development of council’s preferred alignment option.

17. All options were considered against criteria such as the impact on landowners and the wider community, construction risks, operational and maintenance costs, ease of installation, and pipeline efficiency. The options analysis summary report for all eleven options has been included as Attachment C. A summary of these options has also been included in Table One.

Table One – Options analysis for Clinker Place stormwater works

Options and description

Advantages

Disadvantages

Option 1 - Pumps and Gravity Discharge (lining existing pipe)

Easy to install.

Minimal impact on residents.

Uses existing tunnel, which has a high risk of failure or collapse, therefore overall construction risk is unacceptably high.

Risk of pump failure.

High operational and maintenance costs.

Option 2 - Gravity Discharge (upgrading existing pipe)

No pumps required.

Minimal impact on residents.

Uses existing tunnel, which has a high risk of failure or collapse, therefore overall construction risk is unacceptably high.

Options 3 - Gravity Discharge (upgrading existing pipe to 1050 millimetres)

No pumps required.

Reduces load on existing under capacity pipes.

Minimal impact on residents.

Uses existing tunnel, which has a high risk of failure or collapse, therefore overall construction risk is unacceptably high.

Option 4 - Gravity Discharge (new pipe alignment)

Alignment does not utilise the existing tunnel.

Minimal impact on residents.

Part of the alignment passes beneath buildings, which increases the risk of striking an unknown obstruction. If tunnelling equipment strikes an obstruction, it is inaccessible and extremely difficult to retrieve machinery.

Increased risk of settlement to buildings

Option 5 and 6 - Gravity Discharge (new pipe alignment)

Alignment does not utilise the existing tunnel.

Minimal impact on residents.

Part of the alignment is in an area of significant fill. Fill refers to dirt, rock or other materials added to level or raise the elevation of a land feature. The fill area between 13 Crown Lynn Place and the Mitre 10 Mega building at 5 Astley Avenue is potentially contaminated with metals, contains large basalt blocks, brick remnants and general fill and it was determined this material is generally unsuitable for construction. Part of the alignment passes beneath buildings, which increases the risk of striking an unknown obstruction, and settlement of buildings.

If tunnelling equipment strikes an obstruction, it is inaccessible and extremely difficult to retrieve machinery.

Option 7 - Gravity Discharge (new pipe alignment)

Alignment does not utilise the existing tunnel.

Much longer pipe length is required and will therefore be more expensive and will take longer to construct.

Significant existing services will be encountered on Clark Street (600mm West Lynn Branch sewer diversion, 750mm New Lynn Main Sewer, 1300mm Huia watermain).

Option 8 - Gravity Discharge (new pipe alignment)

Alignment does not utilise the existing tunnel.

Avoids existing buildings.

Hydraulically inefficient alignment and consequently a larger pipeline would be required.

Significant existing services will be encountered on Clark Street (600mm West Lynn Branch sewer diversion, 750mm New Lynn Main Sewer, 1300mm Huia watermain).

Option 9 - Gravity Discharge (replace existing pipe)

May remove the need to decommission the existing collapsed tunnel.

Would use existing tunnel, which has a high risk of failure or collapse, therefore overall construction risk is unacceptably high.

Option 10 - Gravity Discharge (new pipe alignment)

A direct route which is shorter and more hydraulically efficient than other options.

Would go diagonally beneath future buildings planned at 10 to 20 Astley Avenue.

Having assets under buildings is not preferred as maintenance and access to assets become difficult and expensive.

Option 11 - Gravity Discharge (new pipe alignment)

Preferred Option

Hydraulically efficient alignment.

Minimises the overall pipeline length, and therefore cost, construction duration, disruption to road users.

Long-term operational costs minimised.

Disruption to the owner and tenants at 9 Astley Avenue.

Risk of disruption can be minimised through discussions that are detailed in the report.

Disruption at 10 to 20 Astley Avenue and 44C Portage Road.

18. Consultation with the owners of the four affected properties commenced in March 2015. Council staff met with the affected property owners, explained the project, provided plans of the proposed works and discussed the likely construction duration and impact of the project. An approximate start date and duration of works at affected private properties was provided. However as the exact duration and timing of the works is dependent on the construction methodology and sequencing employed by the contractor, this can only be confirmed once a contractor has been nominated.

19. On 23 December 2016, council received an objection letter from the owner of 9 Astley Avenue, who objected to the works through their land. Previous discussions with the owner started in March 2015. During these discussions, the owner indicated that they were not in favour of the pipeline crossing their property. Council staff have spent some time talking through the reasons why the alignment is considered the best practicable option across the options explored. The grounds of the owner’s objection are summarised below and the objection letter has been included as Attachment F:

· The works restrict the ability of the tenants, Croxley Stationery Limited, to move goods and services on and off the site.

· The temporary site occupation as a result of works could restrict the movement of employees of Croxley Stationery Limited, and could potentially result in health and safety issues. Since the exact timing and duration of temporary site occupation was not provided, it made it difficult for the owners to assess their obligations under the Health and Safety at Work Act 2015.

· Auckland Council staff have not justified why it is necessary for the proposed works to occupy the property, and has not explained why the works cannot be undertaken around the property.

· The proposed works restrict the future development potential of the property.

20. The objection letter also stated that the owner may have additional grounds for objection once further details of the project are disclosed.

21. Auckland Council’s subsequent response to the owner’s objection has been summarised below and has been included as Attachment G:

· Council staff are in discussions with Croxley Stationery Limited and are investigating ways in which the works can be progressed without intruding on their use of the property.

· Council staff will be in a position to finalise the temporary occupation area for health and safety purposes once the configuration is confirmed with the tenants.

· The exact duration and timing of works and the use of the temporary occupation area is dependent on the construction methodology and sequencing employed by the contractor and will be confirmed once a contractor has been nominated.

· Reasons for choosing the preferred pipe alignment and for not going around the property are owing to the benefits of the option requiring the shortest pipe length, which in turn reduces construction cost, duration of works and disruption to affected private property owners and road users.

· That compensation will be dealt with separately from the process under Section 181 of the Local Government Act 2002.

· A tentative hearing date to consider these objections has been set for 9 March 2017 (this was later revised to 12 April 2017).

22. On 2 February 2017, council received further correspondence from the owner of 9 Astley Avenue requesting that all documents that council was intending to use for the hearing be made available to them. The owners also sought justification for council’s preferred option, how council estimated the timeframes, and how council justified scaling back the temporary occupation area. They also requested any documents relating to potential compensation, and that the hearing date be held in May 2017. This letter has been included as Attachment H. On 15 February 2017, council responded with all requested documentation. The accompanying response letter has been included as Attachment I.

23. On 2 March 2017, council received a response from the owner advising that an expert review of the documents provided was required, and that the owners were still seeking an extension on the hearing date. Council’s compensation valuation and justification for the urgency of works was again requested. The owners advised that the hearing would need to be delayed until engineers had reviewed all of the documentation that council had provided. This response letter has been included as Attachment J.

24. On 3 March 2017, council responded to the owners outlining the reasons for the urgency of works. These reasons included the development of the 1,500 dwellings at Clinker Place special housing area which will rely on this infrastructure, and the commercial sensitivities of the other property owners that are impacted by the works. Council also advised that the project went out to tender on 2 March 2017, in order to enable the procurement of equipment from overseas. It was also confirmed that the hearing would be delayed until 12 April 2017. Council’s response letter has been included as Attachment K.

25. Croxley Stationery Limited has also objected to the works. The objection letter was received on 16 January 2017. The grounds of this objection are summarised below and the objection letter has been included as Attachment L.

· The truck turning circle issue has not been adequately resolved.

· The impact on the sub-tenant Mitre 10 is unknown until the truck tracking route is finalised, and there is a potential to lose Mitre 10 as a sub-tenant.

· Clear start and finish dates have not been specified.

26. Auckland Council’s subsequent response to the tenant’s objection has been summarised below and has been included as Attachment M:

· Council staff have reduced the temporary site occupation area so that the 12.5 metre turning circle can be provided at the northern corner between the temporary site occupation area and the Mitre 10 storage area.

· It is anticipated that the revised temporary site occupation area will suit the needs of their sub-tenant Mitre 10.

· The exact duration and timing of works and use of the temporary occupation area is dependent on the construction methodology and sequencing employed by the contractor and will be confirmed once a contractor has been nominated.

· A tentative hearing date has been set for 9 March 2017 (this was later revised to 12 April 2017).

27. Council staff have attempted to resolve these concerns to avoid a hearing process. For example, staff have:

· Confirmed the inclusion of a temporary car park for Croxley Stationery Limited in the design for the works at 5 Clinker Place to mitigate any loss of car parks at 9 Astley Avenue. This aspect was satisfactory to the tenants.

· Confirmed a lockable gate for the property boundary. Croxley Stationery Limited have also requested for a lockable gate to be located at the property boundary and temporary truck access route going through to 5 Clinker Place, as shown in Attachment N.

· Confirmed the temporary site location. Council staff will arrange for the temporary site occupation area to be marked up with spray paint, along with the location of the lockable gate.

· Provided an alternative temporary truck access route, so that trucks can avoid the narrowed northern corner between the temporary site occupation area and the Mitre 10 storage area. The alternative truck access route in relation to the temporary site occupation area is shown in Attachment N. This has been agreed to by both the tenants and sub-tenants. This option also means that less car parking spaces will be impacted along the boundary of 7B Astley Avenue.

· Agreed to provide a replacement smokers’ area. Croxley Stationery Limited also requested that the covered smokers’ area which will be affected by the temporary occupation site be relocated next to the temporary car park at 5 Clinker Place and reinstated at the completion of works. This request has also been agreed to by council staff.

28. During February and March 2016, council staff also met with the tenants of 9 Astley Avenue, Croxley Stationery Limited, to discuss space requirements and impacts that the works could have on their daily operations. Representatives from Croxley Stationery Limited were provided with an indicative construction programme and a plan outlining a proposed temporary working area that will be required during the proposed works. During these meetings and through subsequent correspondence, representatives from Croxley Stationery Limited expressed their concerns around the loss of car parks relating to the construction, as well as potential access and storage restrictions. These concerns were shared by the sub-tenant at 9 Astley Avenue, Mitre 10.

29. On 7 March 2017, staff met with representatives from Croxley Stationery Limited and Mitre 10 to discuss and finalise these requirements. Council staff are in the process of formalising an agreement between Croxley Stationery Limited, Mitre 10, and Auckland Council.

30. Under the Public Works Act 1981, affected owners and occupiers are entitled to full compensation, so that they are left in a no better or worse position than they were before the public work commenced. Discussions regarding valuation assessments for compensation and temporary occupation formally commenced in June 2016. This matter will be dealt with under the Public Works Act 1981 and there is no obligation for Auckland Council to settle valuation matters before proceeding with the works under Section 181 of the Local Government Act 2002.

Next steps

31. As this project is planned to commence in June 2017 a timely decision is required by the Regulatory Committee. The time constraint is in part due to the development works at 10 to 20 Astley Avenue, which is the private property most severely impacted by the proposed stormwater works. The owners of 10 to 20 Astley Avenue are currently in the process of letting a tender to construct a large retail outlet on their site. Council staff have been informed that all works within 10 to 20 Astley Avenue are to be completed by the end of March 2018. Failure to do so could result in significant income losses or potential loss of the tenant for 10 to 20 Astley Avenue. In the event this occurs council would be obliged to pay for any compensation.

32. In order to complete the works by the end of March 2018, the contract went out to tender on 2 March 2017. This will enable the procurement of the tunnel boring equipment from overseas, as well as to comply with the statutory timeframes of the mining regulations under which this project falls. A draft construction programme has been prepared by the Healthy Waters design team and has been included as Attachment O.

33. The estimated construction period for the full project is from June 2017 to November 2018. The exact timing and duration of the works is dependent on the construction methodology employed by the contractor and can only be confirmed once a contractor has been nominated. Extreme weather and unforeseen ground conditions may cause delays in the completion of the project.

Consideration

Local board views and implications

34. Landowner approval has been obtained from the Whau Local Board for the proposed works at 5 Clinker Place and the outfall at Clark Street Common Esplanade Reserve.

Māori impact statement

35. It is recognised that stormwater works which impact on the mauri of waterways are of great significance to mana whenua in their kaitiaki role. The project was submitted to mana whenua for consideration through the Healthy Waters department ‘projects and monthly initiatives for mana whenua engagement’ spreadsheet and also through the resource consenting process.

36. The ‘projects and monthly initiatives for mana whenua engagement’ spreadsheet is a tool that the department uses to contact mana whenua groups that may be affected by a proposed project. Auckland Council Healthy Waters department has contacted all mana whenua groups identified as having an interest in the project and no objections to the proposed works have been received.

37. Te Rūnanga o Ngāti Whātua requested a meeting in September 2016 to discuss the proposed works, and consequently had no objections.

Implementation

38. If this proposal proceeds as planned, all costs for this project can be met within existing council budgets and resources.

Attachments

No.	Title	Page
a ⇩	Crown Lynn Precinct Conceptual Masterplan	19
b ⇩	Proposed Clinker Place stormwater pipe alignment	21
c ⇩	Options analysis summary report	23
d ⇩	Properties identified for landowner approval	37
e ⇩	Local Government Act 2002 notices to owners and occupiers of 9 Astley Avenue, New Lynn	39
f ⇩	New Lynn Holdings Limited objection letter	49
g ⇩	Auckland Council's response to New Lynn Holdings Limited	53
h ⇩	Second letter from New Lynn Holdings Limited - 2 February 2017	55
i ⇩	Council's response to New Lynn Holdings Limited - 15 February 2017	57
j ⇩	Third letter from New Lynn Holdings Limited - 2 March 2017	61
k ⇩	Council's response to New Lynn Holdings Limited - 3 March 2017	65
l ⇩	Croxley Stationery Limited objection letter	67
m ⇩	Auckland Council's response to Croxley Stationery Limited	69
n ⇩	9 Astley Avenue - alternative access map	71
o ⇩	Proposed timeline of works	73

Signatories

Authors

Priya Kumar, Senior Healthy Waters Specialist

Chris Stumbles, Healthy Waters Design and Delivery Manager

Authorisers

Craig McIlroy, General Manager Healthy Waters

Barry Potter - Director Infrastructure and Environmental Services

Penny Pirrit - Director Regulatory Services

Regulatory Committee

12 April 2017

Appointment of an independent commissioner for a Notice of Requirement for a primary school at 11 Scott Road, Hobsonville

File No.: CP2017/04213

Purpose

1. To appoint an independent commissioner to hear submissions received and to make a recommendation on the Notice of Requirement for a primary school and early childhood centre at 11 Scott Road, Hobsonville.

Executive summary

2. The Minister of Education (the Minister), being the requiring authority, has lodged a Notice of Requirement (the Notice) to designate land for a primary school and early childhood centre at 11 Scott Road, Hobsonville.

3. The Minister is seeking to enable the future development and subsequent use of education facilities on the subject site.

4. The Notice is being processed on a limited notification basis. Letters were sent out to affected parties on 21 March 2017. Submissions close on 24 April 2017.

5. It is recommended that an independent commissioner be appointed to hear submissions and to make a recommendation to the requiring authority.

6. Given the nature of the proposed designation, it is recommended that the commissioner’s areas of expertise include planning, designation processes and traffic.

Recommendation/s

That the Regulatory Committee:

a) appoint an independent commissioner to hear submissions, if any, and make a recommendation to the Minister of Education on the Notice of Requirement for a primary school at 11 Scott Road, Hobsonville under section 171 of the Resource Management Act 1991.

b) delegate to the independent commissioner appointed in (a) above the authority to make a recommendation on the Notice of Requirement should no submissions be received or a hearing not otherwise be required.

Comments

7. The Minister, as the requiring authority, has lodged the Notice to designate land for a primary school, which may include an early childhood education centre, at 11 Scott Road, Hobsonville. A locality plan is provided in Attachment A.

8. The proposed designation seeks to enable a primary school to be developed at 11 Scott Road, with the possibility of incorporating an early childhood education centre for up to 50 children. The primary school will be developed to accommodate approximately 700 students initially and will serve the growing population at Scott Point. It is anticipated the new school will be open in 2019 at the earliest.

9. No associated resource consent has been lodged, or outline plan of works provided.

10. The site is currently owned by Auckland Council with an agreement to sell to the Crown for ‘education purposes’.

11. The Minister has requested limited or non-notification. Limited notification of the Notice to affected parties occurred on 23 March 2017. Submissions close on 24 April 2017.

12. At the time of writing, no submissions have been received.

Consideration

Local board views and implications

13. An information memo, dated 7 March 2017, was sent to the Upper Harbour Local Board (the Board) which provided an overview of the Notice, the designation process and the opportunity for the Board to provide comment on notification. The Board indicated that it is generally supportive of the Notice as the intent to place a school at this location has been well-publicised in recent years.

Māori impact statement

14. Consultation letters were sent by the requiring authority to 13 iwi groups. Ngā Maunga Whakahii o Kaipara Trust provided a Cultural Impact Assessment, prepared by Te Kawerau a Maki in 2013, following discussions with the requiring authority. The Cultural Impact Assessment states that Te Kawerau a Maki is “supportive of high quality and sustainable development that is sensitive to an area’s sense of history, place and inherent natural and cultural features”. Change in character and land use and potential effects from stormwater runoff and earthworks also need to be carefully considered. Ngāi Tai Ki Tāmaki has indicated it is happy to leave any response to other iwi.

15. Through the limited notification process, letters were sent out to all the iwi groups identified by the requiring authority and others listed on the Auckland Council website as having an interest in the Upper Harbour Local Board area.

16. At the time of writing, no submissions have been received from iwi.

Implementation

17. In the event that no submissions are received, it is proposed that the recommendation on the Notice be made by the appointed independent commissioner.

18. All costs associated with the processing of the Notice are recoverable from the requiring authority.

Attachments

No.	Title	Page
a ⇩	Locality Plan - 11 Scott Road	77

Signatories

Author

Emily Ip - Planner

Authorisers

John Duguid - General Manager - Plans and Places

Penny Pirrit - Director Regulatory Services

Regulatory Committee

12 April 2017

Appointment of Hearing Panel: Notice of Requirement by Auckland Transport for Alterations made to City Rail Link Designation 1714 (Designations 2 and 3)

File No.: CP2017/05243

Purpose

1. To appoint a hearing panel of independent commissioners to hear submissions received and to make a recommendation under the Resource Management Act 1991 (RMA) on a Notice of Requirement for an Alteration to Designation 1714 (City Rail Link Designations 2 and 3) made by Auckland Transport (AT).

Executive summary

2. AT as a requiring authority, has lodged a Notice of Requirement for alterations to the designations for the City Rail Link project (CRL). The CRL creates a new rail connection between Britomart Station in downtown Auckland and the North Auckland Rail Line at Mt Eden Station. New underground stations are being constructed beneath Wellesley Street (Aotea Station) and Karangahape Road (Karangahape Station).

3. AT seeks to alter Designation 2 (the ‘substrata’ designation which is underground immediately surrounding the CRL tunnels) and Designation 3 (the ‘strata’ designation above the substrata designation extending up to 5 metres below the surface).

4. These alterations seek to alter the boundaries of the substrata and strata designations to take account of the outcomes of the detailed design process. The altered boundaries would extend the designations to include new properties between Aotea Station and Mt Eden Station, increase the extent of the designation on other properties, and reduce or remove the designation on other sites along the route.

5. Properties included within the substrata designation may be subject to noise and vibration effects arising from the construction, operation and maintenance of the CRL tunnels.

6. Properties included within the strata designation are not subject to any works-related effects but future development of the site (e.g. excavation or new building foundations on the property) may be restricted in order to ensure the continued safe operation of the CRL.

7. In accordance with the Regulatory Committee policy on significant applications, staff recommend that the committee appoints three independent hearing commissioners for this hearing. Further, as the applicant is an Auckland Council Controlled Organisation, only independent commissioners are recommended to be appointed, to hear and make recommendations under section 171 of the RMA on the notices received.

Recommendation/s

That the Regulatory Committee:

a) appoint three independent commissioners for the alterations to City Rail Link Designation 1714 (Designations 2 and 3) to hear and make a recommendation on the Notice of Requirement (alteration to designation) under section 181(1) of the Resource Management Act 1991;

b) delegate authority to the chairperson appointed under (a) above to make a recommendation on the Notice of Requirement in the event that a hearing is not required; and

c) delegate authority to the chairperson of the Regulatory Committee to make replacement appointments should any of the appointed independent commissioners be unavailable.

Comments

Background

8. The CRL is the key project in an integrated transport programme to keep Auckland moving as the city grows over the next 30 years. It supports the Auckland Plan target of 69% of trips to the city centre being by public transport. The underground rail line linking Britomart and the existing western line near Mt Eden Station via the city centre will result in a train every five to 10 minutes during peak periods from most Auckland stations.

9. The CRL Designation conditions were confirmed by the Environment Court on 10 November 2015 and are now considered to form part of the existing environment in which the Notice of Requirement works will be undertaken. The Notice of Requirement considers the effects over and above what has already been provided for in the CRL Designation.

10. The construction of the enabling works for the CRL project between Britomart Station and Wyndham Street has already begun. Central Government and the Auckland Council have committed to funding the CRL project.

11. The CRL project comprises the construction, operation and maintenance of a 3.4 km underground passenger railway including two tracks, two new underground stations (referred to as ‘Aotea Station’ and ‘Karangahape Station’), modification of Britomart Station and substantial redevelopment of the existing Mt Eden Station (located within an open trench). The CRL project runs between Britomart Station and the North Auckland Line in the vicinity of the existing Mt Eden Station.

12. The CRL alignment has changed during the development of the ‘Reference Design’ process (i.e. the detailed design phase) as a result of the removal of one station from the project (Newton Station – Designation 5) and optimisation of the vertical and horizontal track alignments.

13. The Notice of Requirement seeks to alter CRL Designation 2 (substrata) and Designation 3 (strata) between Aotea Station at Mayoral Drive and land immediately north of the Mt Eden Junction near to Flower Street. The alterations are necessary to reflect the changes in the rail alignment that have resulted from the further detailed design stage.

14. The principal features of CRL Designation 2 (substrata) include:

a. enabling the construction, operation and maintenance (including ancillary activities) of the two bored rail tunnels and passenger cross passages; and

b. provision for ancillary activities associated with the construction, operation and maintenance of the CRL as well as the provision and housing of appropriate utility services within the operational tunnels (such as telecommunications).

15. The principal features of CRL Designation 3 (strata) include:

a. a buffer between activities on the surface and the sub-strata designation that provides for the two bored tunnels (CRL Designation 2);

b. the designation restricts, but does not necessarily preclude, future development which could hinder or prevent the CRL being constructed, or impact on the structural integrity of the CRL tunnels following construction; and

c. the designation applies above CRL Designation 2 from five metres below the surface, excluding the station areas under CRL Designation 4 (Karangahape Station) and CRL Designation 5 (Newton Station).

16. The alteration was notified by way of limited notification on 3 February 2016. The submissions period closed on 2 March 2017.

17. 3 submissions were received in relation to the alteration.

18. The issues raised in submissions include:

a. Compensation for loss of future development;

b. Ensuring adequate protection and access for network utility providers;

c. Communication with parties affected by the works authorised by the designation.

19. All three submissions are generally supportive of the CRL.

Commissioner expertise

20. Officers recommend for consistency that the committee includes commissioners previously involved with the CRL.

21. Particular expertise is sought in relation to planning, legal and property issues, and engineering, including an understanding of noise and vibration effects management.

Consideration

Local board views and implications

22. The Albert-Eden and Waitemata Local Boards have been briefed by the council’s Central and South Planning team inviting internal comments. Additionally, the Assessment of Environmental Effects provided by the Requiring Authority states that AT has held regular meetings with the local boards on the CRL project. No formal comment from the local boards has been received by officers at the time of writing this report.

Māori impact statement

23. Engagement with the CRL Mana Whenua Forum has continued as the CRL design progresses and further statutory approvals are sought. The Forum was provided with full copies of the Notices of Requirement prior to lodgement of the application.

24. While no formal update to the Māori Values Assessment has been sought by AT, ongoing and regular feedback on the CRL is sought from Mana Whenua groups through regular CRL Mana Whenua Forum hui.

25. The Assessment of Environmental Effects provided by the Requiring Authority states that the Mana Whenua Forum has noted a general level of comfort with respect to the approach, particularly given their involvement in the original CRL Designation processes and subsequent design work stream for CRL and on-going planning approvals (including resource consents).

26. In accordance with CRL Designation condition 8, the Mana Whenua Forum provides ongoing opportunities for Mana Whenua groups to undertake kaitiakitanga responsibilities and mātauranga Māori input into the project works.

Implementation

27. The procedure for assessing alterations to the Notices of Requirement is set out in sections 168-179 and section 181 of the RMA.

28. There are no financial or legal implications beyond those normally associated with the appointment of hearing commissioners. The costs for processing the Notice of Requirement and associated resource consent applications, including any notification and hearing or commissioner costs, are recoverable from AT

Other relevant matters

29. It is noted that a separate alteration to the CRL designation relating to realignment of the North Auckland Line and redevelopment of Mt Eden Station is also progressing.

30. The Requiring Authorities (AT and KiwiRail) have made an application under section 198B of the RMA to have the decision on this separate alteration directly referred to the Environment Court. The request was received by the council on 10 March 2017.

31. As at the time of writing this report, the direct referral request is being considered by council planning staff in accordance with section 198C of the Act, and a decision under delegated authority is due by 31 March 2017.

32. If granted, the application for direct referral would transfer decision-making on the Mt Eden station alteration to the Environment Court. The council would then have a role as both a party to the proceedings as well as preparing a report to the court and, if required by the court, presenting evidence and making witnesses available for cross–examination.

Attachments

There are no attachments for this report.

Signatories

Authors

Matt Spiro - Principal Planner, Central and South Planning

Joao Machado – Team Leader, Central and South Planning

Authorisers

John Duguid - General Manager - Plans and Places

Penny Pirrit - Director Regulatory Services

Regulatory Committee

12 April 2017

Update - Consenting Made Easy

File No.: CP2017/05508

Purpose

1. To provide an update on the Consenting Made Easy (CME) programme, results to date and next steps.

Executive summary

2. CME aims to transform the consenting experience for customers and staff by delivering an easy, efficient, consistent and integrated consenting experience.

3. Implementation is now underway, with phase one in place for new tailored service offers and the first release of online improvements completed.

4. A presentation will be given at the committee meeting to provide an overview of progress to date and next steps.

Recommendation/s

That the Regulatory Committee:

a) note the progress on the Consenting Made Easy programme of work.

Comments

5. CME is an organisational change programme being led by the Regulatory Services Directorate that aims to transform the consenting experience for customers and staff.

6. The key objective of CME is to deliver an easy, efficient, consistent and integrated consenting experience for our customers.

7. Through CME, four consenting service offers have been defined that are tailored to meet the needs of different projects and customers. The services are:

· Streamline – Ten day processing for straight-forward consents that have a quality application (no requests for further information)

· Custom – An end to end service for projects of medium to high complexity. These consents are processed within 20 statutory days

· Qualified Partner - For customers who manage high volumes of consents and commit to consistently delivering high quality applications and build processes

· Premium – For complex development projects that will benefit from a higher level of council support and management through the consenting and compliance process.

8. Phase One of the implementation of these tailored consenting services is underway. Full implementation is planned for December 2017.

9. CME also includes an extensive online development programme. The first phase of the online programme was released on 27 March and provides customers with the ability to:

· apply online for pre-application guidance

· provide information to support pre-application guidance

· upload information required for a Code Compliance Certificate (CCC) as it is collected during the construction phase, enabling faster delivery of the CCC

· upload larger file sizes – from 20MB now up to 300MB

· apply using intuitive smart forms. So far smart forms are available for:

o standard resource consents

o standard residential building consents

o tailored building consent forms for a sleep-out, deck, garage, carport, veranda, stand-alone swimming pool or spa pool.

10. Other improvements released include:

· A new online ‘Do I need a consent?’ tool has been developed, which allows customers to work out if a consent is required for the following simple projects: sleep-out, deck, garage or carport. It also explains why a consent is needed.

· An online deposit calculator that enables customers to work out how much they will need to pay when they lodge a consent application.

11. CME also includes business process redesign and supporting a customer-friendly culture. Over the last six months, 114 internal workshops have been delivered on customer-friendly service which 1,185 staff attended.

12. A presentation will be given at the committee meeting to provide an overview of progress to date and next steps.

Consideration

Local board views and implications

13. CME is an internal change programme that will deliver significant benefits for staff and customers. An overview of progress will be provided to local boards.

Māori impact statement

14. An effective regulatory system is responsive to Māori. It recognises the position of Mana Whenua in their role across the region and acknowledges the importance of their spiritual and cultural relationship with the land. The regulatory system also needs to support iwi as customers generally, in the delivery of papakaianga and other development projects.

15. CME recognises the need for Māori to provide input to the programme. Māori stakeholders are included in the customer engagement programme. The CME team is also working closely with our Māori Responsiveness Advisor.

Implementation

16. Phase One of the implementation of tailored consenting services is underway. Full implementation is planned for December 2017.

17. A number of online improvements have been delivered, including the first phase of smart forms, improvements to the online platform, lifting file size limits and delivering a new online tool to enable customers to work out if they need a consent for some simple projects.

18. Further improvements will be released later this year, including improved, user-friendly website content, further smart forms and more projects in the ‘do I need a consent’ tool, further enhancements to the online platform and improved building inspection scheduling capability.

Attachments

There are no attachments for this report.

Signatories

Author	Tanya Stocks - Programme Director
Authorisers	Penny Pirrit - Director Regulatory Services

Regulatory Committee

12 April 2017

Quarterly Report from Resource Consents Department

File No.: CP2017/03111

Purpose

1. This report introduces the quarterly reporting to the Committee from the Resource Consents department.

Executive summary

2. The role and work of the Resource Consents Department is introduced to the Committee by means of a PowerPoint presentation. The intention will be to report quarterly on a range of high level statistics, the implementation of the Department’s work programmes (in conjunction with Consenting Made Easy) and some significant projects of interest. The Committee is asked whether this canvases sufficiently the type and depth of information that the Committee seeks on a regular basis.

Recommendation/s

That the Regulatory Committee:

a) receive the Resource Consents Department Quarterly Report April 2017.

Comments

3. The Resource Consent department delivers consenting services to its development customers that seek to provide quality outcomes for the people and environment of the Auckland region.

4. As a unitary authority the consenting services cover both local and regional plan requirements. The Resource Consents department is the largest in the Southern Hemisphere, servicing the largest single city population.

5. The department is responsive to the growth and development of the Auckland region. Overall the numbers of consents have grown substantially from around 10,000 to over 17,000 per year in the period from 2011 to 2016. A slight decrease this year could reflect the post-Unitary Plan peak of activity in the later part of 2016. The department sets fees and charges that seek to cover the reasonable time of staff in the processing, determination and monitoring of consents.

6. Resource Consents has a high customer interface. The Consenting Made Easy (CME) programme will provide responses to the sometimes complex, inconsistent, and fragmented experiences that customers can encounter through their consenting journey.

7. Consenting involves a continuum of steps from a project’s pre-application meeting to monitoring and compliance of the consent conditions. Newcore (our new computer system) will be instrumental in providing an integrated regional tracking and consent data storage system that will be critical to the implementation of the other business improvement programmes.

8. The department is currently getting to grips with the statutory implementation of the Auckland Unitary Plan. The Plan has added to the reporting requirements during this transition phase and staff are quickly coming up to speed with the intent of its provisions. Significant effort has gone into ensuring that staff across the region provide a consistent interpretation of the Unitary Plan rules and provisions. For example rural provisions now apply consistently whether within the old Rodney, Manukau or Franklin areas.

9. The department is not short of challenges in the delivery of its core functions. The recruitment and retention of quality professional staff continues to be difficult at a time of high growth and competing opportunities. We are actively looking at ways to retain high quality staff.

10. It will be the intention of future quarterly reports to cover some recent projects of interest to indicate the depth of work that the department covers.

Consideration

Local board views and implications

11. The intent of this reporting is to allow a regular overview of the work undertaken by the department. This is not a matter that requires input from Local Boards however the information is readily available and where relevant reported separately to Local Boards.

12. Local Boards have separate means by which resource consent information and matters of interest are made available to decision makers within the regulatory environment.

Māori impact statement

13. This report is for information purposes, noting the department has processes by which Mana whenua can input into the statutory assessments for resource consent decision-making, in line with Part 2 of the Resource Management Act and the Auckland Unitary Plan (Operative in Part).

Implementation

14. This report is for guidance and information to understand the volume and range of consenting activities undertaken by the department.

Attachments

No.	Title	Page
a ⇩	Resource Consents department presentation	95

Signatories

Author

Robert Andrews - Resolutions Team Manager

Authorisers

Ian Smallburn - General Manager Resource Consents

Penny Pirrit - Director Regulatory Services

Regulatory Committee

12 April 2017

Adoption of a Regulatory Committee Policy

File No.: CP2017/02197

Purpose

1. To introduce and obtain approval for the Regulatory Committee Policy (Attachment A).

Executive summary

2. The committee is invited to receive and adopt a Regulatory Committee Policy. The Policy incorporates the operational policy and sub delegations for the decision-making responsibilities that lie within the areas of the committee’s responsibilities.

Recommendation

That the Regulatory Committee:

a) adopt the Regulatory Committee Policy.

Comments

3. The Regulatory Committee has been delegated wide responsibility under a range of legislation including responsibilities relating to hearings, regulatory policy and bylaws. The implementation of a committee policy creates an effective and transparent means of implementing the oversight role of the committee and distinguishing it from the operational aspects of decision making undertaken by commissioners and staff.

4. The committee primarily has a governance and oversight role across the areas within its terms of reference. Through its Policy, it can distinguish its policy making (governance) functions from the operational matters of statutory hearing and decision making. These operational functions can be delivered effectively by commissioners and staff. For example, the committee will appoint the pools of commissioners who will be available for alcohol licensing and resource management decision making, but will leave the appointment of those commissioners to individual hearings to staff who will make those appointments in accordance with the guidance and direction provided by the Policy.

5. The Regulatory Committee Policy builds on the strengths of the predecessor Hearings Committee Policy that was developed and implemented during the previous two terms of Council. The refreshing and revision of the Policy recognises both the wider functions of the Regulatory Committee in matters of planning and resource consenting, dog control and alcohol regulation; and the benefits to be gained from having a clearer distinction between governance and operational functions. It will help to ensure that operational matters within the oversight of the Committee remain consistent, transparent and efficient.

6. The policy provides a more simplified and streamlined process for the division of decision making responsibility and determining who the decision maker should be. The delegation for decision making, subject to statutory limits, is allocated to a level that best suits the decisions that need to be made and reflects the operational nature of regulatory decision making, as contrasted with plan and policy development and approval, which fits more within the governance sphere.

7. This guidance in the operation and division of decision making acknowledges the professionalism of qualified commissioners and staff working within the alcohol licensing, dog control and resource management environments.

8. The policy further aligns with that of the Chief Executives Delegation Register that provides for sub-delegations to hearing commissioners and council staff.

9. The streamlining of processes will help in the timeliness of resource consent decision making in light of the Resource Management (Discount on Administrative Changes) Regulations 2010.

Consideration

Local board views and implications

10. The Policy recognises the various ways in which Local Boards interface with regulatory matters. Local Boards can address the Committee directly on any agenda item. For a matter that may affect the well-being of a local board community, processes are provided where the views and preferences can be expressed to those delegated the responsibility of regulatory decision making. The policy further covers where Local Board members may become involved as a commissioner for resource management matters that proceed to hearing.

Māori impact statement

11. The policy recognises the knowledge of tangata whenua and that mana whenua are specialists in determining their values and associations. The policy therefore notes how staff should consult on matters of significance to Maori as part of a decision making process.

Implementation

12. The policy provides an understanding and guidance for elected members and staff. Delegations to a sub-committee, hearing commissioners and staff allows for efficient and timely decision-making.

Attachments

No.	Title	Page
a ⇩	Regulatory Committee Policy	121

Signatories

Author

Robert Andrews - Resolutions Team Manager

Authorisers

Ian Smallburn - General Manager Resource Consents

Penny Pirrit - Director Regulatory Services

Chairperson	Linda Cooper, JP
Deputy Chairperson	Wayne Walker
Members	Cr Fa’anana Efeso Collins
	Cr Richard Hills
	Cr Daniel Newman, JP
	Cr Dick Quax
	Cr Sharon Stewart, QSM
	IMSB Chair David Taipari
	Cr John Watson
	IMSB Member Glenn Wilcox

Ex-officio	Mayor Hon Phil Goff, JP
	Deputy Mayor Bill Cashmore

Author	Tam White - Senior Governance Advisor
Authorisers	Penny Pirrit - Director Regulatory Services