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Planning
Committee
10 October
2017
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Auckland
International Airport Limited: Direct Service Obligation for Notice of
Requirement to Alter Designation 1100 and 1102
File No.: CP2017/20693
Purpose
1. To form a council position on the recent application to the
Environment Court by Auckland International Airport Limited (AIAL) to
waive the requirement to directly serve notice on owners and occupiers of land
to which AIAL's Notice of Requirement to alter existing Designation 1102
relates.
2. To
delegate to nominated councilors and local board members the council’s
decision concerning the direct service of notice on adversely affected persons
of the Notices of Requirement from Auckland International Airport Limited for
Designations 1100 and 1102.
Executive
summary
3. On
14 August 2017, AIAL lodged two Notices of Requirement to alter Designations
1100 and 1102 in the Auckland Unitary Plan (Operative in Part) with Auckland
Council.
4. The
Notice of Requirement relating to Designation 1100 seeks to amend that
Designation to facilitate changes to both the length and location of Auckland
Airport’s second runway, currently provided for in that Designation. AIAL
seeks to extend the northern runway from 2,150 metres to 2,983 metres. AIAL
also seeks to shift the northern runway 72 metres north of its designated
location to increase the separation distance between the northern and southern
runways to 2,022 metres.
5. As
a result of the proposed changes to Designation 1100, alterations are also
required to Designation 1102, which relate to various technical and safety
requirements for the Airport’s runways, including Runway End Protection
Areas (REPA) and Obstacle Limitation Surfaces (OLS). These are necessary to
comply with the requirements of the Civil Aviation Authority.
6. AIAL
has requested that council publicly notifies both Notices of Requirement under
the Resource Management Act 1991 (RMA). Council is obliged to comply with the
request.
7. As
part of the notification requirements under the RMA, council is required to
directly serve notice of the Notices of Requirement on a number of categories
of persons, including:
(a) adversely
“affected persons”; and
(b) owners
and occupiers of the land to which each Notice of Requirement relates.
8. There
are approximately 266,649 owners and occupiers that Council is required to
directly serve by post in relation to the Notice of Requirement for Designation
1102 (category 7(b) above). This will cost approximately $152,000. AIAL is
required to bear this cost.
9. Given
the significant cost of the direct service ($152,000), AIAL has filed an
application with the Environment Court to waive the requirement for council to
directly serve notice on the owners and occupiers of land within Designation
1102 only (not for Designation 1100). The RMA enables an application of this
nature to be made to the Environment Court.
10. Prior to the
granting of the waiver, the Court will consider whether there is likely to be any
“undue prejudice” to anyone if the waiver is granted. The
alternative service arrangements proposed by AIAL (which includes provision of
notice in the New Zealand Herald, Auckland Airport’s website and to the
Aircraft Noise Community Consultative Group) will be relevant to the
Court’s deliberations in this regard. AIAL will need to satisfy the Court
that a waiver is appropriate and no persons under paragraph 7(b) will be unduly
prejudiced by such a waiver.
11. Council is
required to inform the Court of its position in respect of the waiver
application (i.e. whether it supports or opposes it). AIAL’s waiver
request is not considered unreasonable given the substantial costs of direct
service, both financial and environmental (i.e. strict compliance with the
usual service requirements will generate a substantial quantity of paper).
Whether the waiver application is made by the Council or AIAL, the final
decision lies with the Court. The Court must be satisfied that a waiver is
appropriate and no persons under paragraph 7(b) will be unduly prejudiced by
such a waiver. It is recommended that the council adopts a neutral stance
towards the waiver application (i.e. neither opposing nor supporting the
application) for the reasons stated above.
12. AIAL’s
waiver application does not seek to waive the separate requirement under the
RMA to directly serve adversely “affected persons” by the activity
that is the subject of the Notice of Requirement (under paragraph 7(a)).
Council staff are in the process of assessing the large amount of material
supplied by AIAL to determine whether there are any persons adversely affected
by the Notices of Requirement to alter Designations 1100 and 1102
13. The
Environment Court is not being called upon to determine this matter. The council
will still decide whether a direct service is required on some property owners
and occupiers because of the “affected persons” requirement. This
matter is of high public interest and it is recommended that nominated councillors
and local board members be part of this decision making process.
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Recommendation/s
That the Planning Committee:
a) adopt
a neutral position on Auckland International Airport Limited’s
application to the Environment Court to waive the requirement to directly
serve notice on owners and occupiers of land to which the Notice of
Requirement to alter Designation 1102 relates.
b) delegate
to nominated councillors and local board members the council’s decision
concerning the direct service of notice on adversely affected persons of the
Notices of Requirement from Auckland International Airport Limited for
alterations to Designations 1100 and 1102.
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Attachments
There are no attachments for
this report.
Signatories
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Author
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Sukhdeep Singh - Principal Planner
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Authorisers
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Celia Davison – Acting General Manager Plans and
Places
Jim Quinn - Chief of Strategy
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