I hereby give notice that an ordinary meeting of the Regulatory Committee will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 8 August 2019 9.30am Room 1, Level
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Komiti Whakahaere ā-Ture / Regulatory Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Linda Cooper, JP |
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Deputy Chairperson |
Deputy Mayor Cr Bill Cashmore |
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Members |
Cr Josephine Bartley |
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Cr Fa’anana Efeso Collins |
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Cr Richard Hills |
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Cr Daniel Newman, JP |
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Cr Sharon Stewart, QSM |
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IMSB Chair David Taipari |
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Cr Wayne Walker |
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Cr John Watson |
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IMSB Member Glenn Wilcox |
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Cr Paul Young |
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Ex-officio |
Mayor Hon Phil Goff, CNZM, JP |
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(Quorum 5 members)
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Andrew Gray Governance Advisor
5 August 2019
Contact Telephone: 021583018 Email: andrew.gray@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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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 08 August 2019 |
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ITEM TABLE OF CONTENTS PAGE
1 Apologies 9
2 Declaration of Interest 9
3 Confirmation of Minutes 9
4 Petitions 9
5 Public Input 9
6 Local Board Input 9
7 Extraordinary Business 10
8 Appointment of Hearing Commissioners - Proposed Plan Changes 19, 20, 22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan), 23, 25, 26 and 27 to the Auckland Unitary Plan (Operative in Part) 11
9 Resource Consent Appeals: Status Report 8 August 2019 17
10 Summary of Regulatory Committee information memoranda and briefings - 8 August 2019 including the Forward Work Programme 37
11 Consideration of Extraordinary Items
At the close of the agenda no apologies had been received.
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.
That the Regulatory Committee: a) confirm the ordinary minutes of its meeting, held on Thursday, 11 July 2019, including the confidential section, as a true and correct record.
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At the close of the agenda no requests to present petitions had been received.
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
Standing Order 6.2 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 one (1) day’s 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 6.1 to speak to matters on the agenda.
At the close of the agenda no requests for local board input had been received.
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.”
Regulatory Committee 08 August 2019 |
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Appointment of Hearing Commissioners - Proposed Plan Changes 19, 20, 22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan), 23, 25, 26 and 27 to the Auckland Unitary Plan (Operative in Part)
File No.: CP2019/13084
Te take mō te pūrongo
Purpose of the report
1. To request the appointment of Independent Hearing Commissioners to hear submissions and make decisions on the following proposed plan changes to the Auckland Unitary Plan (Operative in Part):
PC19 – Rezoning of 90 Felton Mathews Ave, St Johns (Private Plan Change)
PC20 – Rural Activity Status
PC22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan) – Sites of Significance to Mana Whenua
PC23 - Smales Farm (Private Plan Change)
PC25 - Warkworth North (Private Plan Change)
PC26 - Special Character Residential
PC27 – Heritage Schedule.
Whakarāpopototanga matua
Executive summary
2. With the forthcoming local body elections occurring in September 2019 and the Regulatory Committee (or its equivalent) unlikely to meet again until November 2019, Independent Hearing Commissioners are sought for the above proposed plan changes. The commissioners will hear submissions and make decisions on the proposed plan changes.
Recommendation/s That the Regulatory Committee: a) appoint one independent commissioner, with expertise in planning to hear submissions (if a hearing is required) and make decisions on Proposed Plan Change 19 to the Auckland Unitary Plan (Operative in Part); b) appoint at least two independent commissioners, with expertise in planning and tikanga Māori to hear submissions and make decisions on Proposed Plan Change 20 to the Auckland Unitary Plan (Operative in Part); c) appoint at least two independent commissioners, with expertise in planning and tikanga Māori to hear submissions and make decisions on Proposed Plan Change 22 to the Auckland Unitary Plan (Operative in Part) and Proposed Plan Modification 12 to the Hauraki Gulf Islands District Plan; d) appoint at least three independent commissioners, with expertise in planning, urban design/landscape and traffic to hear submissions and make decisions on Proposed Plan Change 23 to the Auckland Unitary Plan (Operative in Part); e) appoint up to three independent commissioners, with expertise in planning, stormwater/flooding, legal and ecology to hear submissions and make decisions on Proposed Plan Change 25 to the Auckland Unitary Plan (Operative in Part); f) appoint up to three independent commissioners, with expertise in planning and legal to hear submissions and make decisions on Proposed Plan Change 26 to the Auckland Unitary Plan (Operative in Part); g) appoint at least two independent commissioners, with expertise in planning, and historic heritage to hear submissions and make decisions on Proposed Plan Change 27 to the Auckland Unitary Plan (Operative in Part); h) delegate authority to the chairperson of the Regulatory Committee (or its equivalent) to make replacement appointments to the hearing panel in resolutions a) to g) in the event that members of the hearings panels are unavailable.
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Horopaki
Context
3. The appointment of independent hearing commissioners is required for a number of council- initiated and private plan changes. These proposed plan changes are likely to be scheduled for a hearing towards the end of 2019 – around the time council committee’s are being formed after the local government elections.
4. Proposed Plan Change 19 – Rezoning of 90 Felton Mathews Ave, St Johns (Private) seeks to rezone 4,380m2 of Business-Light Industry zoned land to Residential-Mixed Housing Suburban.
5. Two primary submissions were received on Proposed Plan Change 19. The submissions raise planning issues.
6. Proposed Plan Change 20 – Rural Activity Status seeks to limit residential and industrial activities in rural areas so that rural zones are predominantly used for rural purposes. It amends the activity table for the rural zones so that any activity not specifically listed in the table becomes a non-complying activity. It also amends the reference to "residential activities" in specific rural policies and zone descriptions to "dwellings".
7. 231 primary submissions were received on Proposed Plan Change 20. The submissions raise planning and tikanga Māori issues.
8. Proposed Plan Change 22 & PM12 (HGI) - Sites of Significance to Mana Whenua adds a further 31 sites to the Auckland Unitary Plan’s Sites and Places of Significance to Mana Whenua Overlay and four sites to the Hauraki and Gulf Islands Section’s Appendix 1f - Schedule of Maori heritage sites (inner islands). It also amends the criteria for scheduling Māori heritage sites and adds the identified sites to the planning maps.
9. Ten primary submissions were received on Proposed Plan Change 22 and five submissions on Proposed Plan Modification 12. The submissions raise planning and tikanga Māori issues.
10. Proposed Plan Change 23 – Smales Farm (Private) seeks to amend policies in H15 Business – Business Park Zone and to make various changes to the Smales Farm Precinct (I538 Smales 1 Precinct).
11. 18 primary submissions were received on Proposed Plan Change 23. The submissions raise planning, urban design/landscape and traffic issues.
12. Proposed Plan Change 25 – Warkworth North (Private) seeks to rezone approximately 99 hectares of Future Urban zoned land to a mix of business and residential zones.
13. 36 primary submissions were received on Proposed Plan Change 25. The submissions raise planning, stormwater/flooding and ecology/biodiversity issues.
14. Proposed Plan Change 26 - Special Character Residential seeks to clarify which planning provisions in the Special Character Area Overlay prevail over the corresponding provisions of the underlying residential zones.
15. Over 250 submissions were received on Proposed Plan Change 26 (these are still being processed). The submissions raise planning and legal (scope) issues.
16. Proposed Plan Change 27 – Heritage Schedule seeks to amend the Historic heritage Schedule and/or the planning maps for 73 historic heritage places already included in Schedule 14.1, including the deletion of 11 historic heritage places from the schedule.
17. 34 primary submissions were received on Proposed Plan Change 27. The submissions raise planning and historic heritage issues.
18. Given the issues raised in submissions, the following commissioner expertise would be desirable:
· PC 19 – planning;
· PC 20 – planning and tikanga Māori;
· PC 22 & PM12 (Hauraki Gulf Islands) – planning and tikanga Māori;
· PC 23 - planning, urban design/landscape and traffic;
· PC 25 - planning, stormwater/flooding, legal and ecology;
· PC 26 - planning, special character/residential and legal; and
· PC 27 - planning and legal.
19. The commissioners will hear submissions and make decisions on the proposed plan changes.
Tātaritanga me ngā tohutohu
Analysis and advice
20. Analysis of the issues raised in submissions and recommendations will be provided in the section 42A hearing reports for the proposed plan changes.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
21. The following council departments/groups have been involved in the proposed plan changes and will continue to be involved prior to and during the hearings:
Plan Change |
Council Group Impacts & Views |
19 |
Nil |
20 |
Resource Consents |
22 |
Māori Heritage |
23 |
Urban Design, Transport, Stormwater, Auckland Transport and Auckland Council (submitters) |
25 |
Healthy Waters, Auckland Transport, WaterCare, ADO, Market Economics, Auckland Council (submitter) |
26 |
Resource Consents |
27 |
Historic Heritage |
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
22. As part of the plan change process, memos are sent to relevant local boards advising them of the proposed plan changes and providing them with the opportunity to provide feedback. Local board views were received in respect of the following proposed plan changes. The feedback was taken into account prior to finalising the proposed plan changes:
Plan Change |
Local Board Views |
19 |
Nil |
20 |
Nil |
22 |
Nil |
23 |
Nil |
25 |
Nil |
26 |
Howick Local Board, Manurewa Local Board |
27 |
Manurewa Local Board |
23. Local boards also have the opportunity to provide feedback prior to the commencement of hearings. Feedback received from local boards will be included in the section 42A reports for the hearings.
Tauākī whakaaweawe Māori
Māori impact statement
24. Clause 3(1)(d) of Schedule 1 to the RMA, states that local authorities shall consult with tangata whenua of the area who may be so affected, through iwi authorities, during the preparation of a proposed policy statement or plan.
25. Clause 4A of Schedule 1 to the RMA states that local authorities must:
· provide a copy of a draft proposed policy statement or plan to iwi authorities to consider
· have regard to feedback provided by iwi authorities on the draft proposed policy statement or plan
· provide iwi authorities with sufficient time to consider the draft policy statement or plan.
26. In addition to the above, recent legislation changes to the RMA introduced section 32(4A), if the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must:
(a) summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and
(b) summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.
27. Iwi were consulted during the preparation of the plan changes.
28. Submissions received from iwi on full notification of the plan changes were:
Plan Change |
Submissions from Iwi |
19 |
Nil |
20 |
Ngāti Tamaoho Trust, IMSB |
22 |
Te Akitai Waiohua Waka Taua Incorporated Society Ngai Tai Ki Tāmaki (further submitter) |
23 |
Nil |
25 |
Nil |
26 |
Nil |
27 |
Nil |
29. Where iwi have lodged a submission, a commissioner with tikanga Māori is sought.
Ngā ritenga ā-pūtea
Financial implications
30. The cost of independent hearing commissioners is covered by the Democracy Services department budget.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
31. Hearing commissioners are appointed from the pool of independent commissioners due to their professionalism, expertise and experience. A small number of elected members who hold the ‘Good Decision-making’ accreditation may also sit as commissioners. These processes, in addition to staff reporting, ensure a high quality of informed decision-making and help avoid any procedural or judicial risks.
Ngā koringa ā-muri
Next steps
32. Council staff will commence preparations for the hearings to take place.
The key next steps involve:
· seeking further feedback from local boards;
· preparing the section 42A hearing reports;
· contacting the appointed Independent Hearing Commissioners to check their availability;
· notifying submitters of the hearing dates and venue;
· providing submitters with a copy of the hearing report;
· Independent Hearing Commissioners conduct the hearings; and
· Council decisions released.
33. The appeal periods commence after the respective decisions are released.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Tony Reidy - Team Leader Planning |
Authorisers |
John Duguid - General Manager - Plans and Places Craig Hobbs - Director Regulatory Services |
Regulatory Committee 08 August 2019 |
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Resource Consent Appeals: Status Report
8 August 2019
File No.: CP2019/14274
Te take mō te pūrongo
Purpose of the report
1. To provide an update of all current resource consent appeals lodged with the Environment Court.
Whakarāpopototanga matua
Executive summary
2. This report provides a summary of current resource consent appeals to which the Auckland Council is a party. It updates our report of 2 July 2019 to the Regulatory Committee.
3. If committee members have detailed questions concerning specific appeals, it would be helpful if they could raise them prior to the meeting with Robert Andrews (phone: 353-9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the first instance.
Recommendation/s That the Regulatory Committee: a) receive the Resource Consents Appeals: Status Report 8 August 2019.
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Horopaki
Context
4. As at 31 July 2019, there are 29 resource consent appeals to which Auckland Council is a party. These are grouped by Local Board Area geographically from north to south as set out in Attachment A. Changes since the last report and new appeals received are shown in bold italic text.
5. The principal specialist planners - resource consents, continue to resolve these appeals expeditiously. In the period since preparing the previous status report, there have been two new appeals and three appeals resolved.
6. The appeal by Goatley Holdings Limited is to the resource consents associated with the construction, operation and maintenance of the Matakana Link Road – Tuhonhono ki Tai (Pathway to the Sea), a new 1.35km road between State Highway 1 (SH1) and Matakana Road at Warkworth. Goatley Holdings Limited have already appealed the related New Zealand Transport Agency (NZTA) application decisions for widening State Highway One at Warkworth that provides for its intersection with the future Matakana Link Road.
7. The Lods Family Trust appeal is to the decision of Auckland Council to refuse resource consent to remove the existing dwelling, carry out a two-lot subdivision, and construct two new two-storey dwellings. The site at 109 John Street, Ponsonby is within the Single House Zone and subject to the Special Character Area Overlay. When refused by council, the proposal was considered to not meet either test of Section 104D of the RMA in being contrary to AUP OP special character objectives and policies and create adverse effects to the immediate neighbours that cannot be mitigated.
Tātaritanga me ngā tohutohu
Analysis and advice
8. To receive the report as provided.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
9. Not applicable.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
10. Not applicable.
Tauākī whakaaweawe Māori
Māori impact statement
11. The decision requested of the Regulatory Committee is to receive this progress report rather than to decide each appeal.
12. The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources. Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga.
Ngā ritenga ā-pūtea
Financial implications
13. Environment Court appeal hearings can generate significant costs in terms of commissioning legal counsel and expert witnesses and informal mediation and negotiation processes seek to limit these costs. Although it can have budget implications, it is important that Auckland Council, when necessary, ensure that resource consents maintain appropriate environmental outcomes and remain consistent with the statutory plan policy framework through the appeal process.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
14. Not applicable.
Ngā koringa ā-muri
Next steps
15. Not applicable.
Attachments
No. |
Title |
Page |
a⇩ |
Current Resource Consent Appeals as at 31 July 2019 |
21 |
Ngā kaihaina
Signatories
Author |
Robert Andrews - Principal Specialist Planning |
Authoriser |
Ian Smallburn - General Manager Resource Consents |
Regulatory Committee 08 August 2019 |
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RODNEY – Local Board Area (3 Appeals)
Appellant |
Goatley Holding Limited |
Received |
27 June 2019 |
References |
ENV-2019-AKL-000133 Council: BUN60328269, LUC60328290, DIS60328291, WAT60328292 and LUS60328463. |
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Applicant: |
Auckland Transport
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Site address |
Land between State Highway 1 and Matakana Road at Warkworth |
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Other parties |
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Description |
An appeal to resource consents associated with the construction, operation and maintenance of the Matakana Link Road – Tuhonhono ki Tai (Pathway to the Sea), a new 1.35km road between State Highway 1 (SH1) and Matakana Road at Warkworth. |
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Iwi comments |
Iwi consultation undertaken and conditions of consents provide for cultural monitoring. |
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Status |
New appeal by a submitter. Yet to be timetabled. |
Appellant |
Stellan Trust |
Received |
4 June 2019 |
References |
ENV-2019-AKL-000099 Council : BUN60322627, LUC60322701, WAT60322704, DIS60322702, DIS60323625 and LUS60323625 |
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Applicant: |
New Zealand Transport Agency (NZTA)
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Site address |
Multiple Properties Between Hudson Road and 102 State Highway 1, Warkworth
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Other parties |
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Description |
An appeal to resource consents (and a Notice of Requirement) associated with the construction, operation and maintenance of a widened State Highway One at Warkworth, being the intersection with the future Matakana Link Road. (There is a related confirmation of a Notice of Requirement for alteration of designation 6763) The appellant’s submission seeks a reduced extent of designation and provision for access. |
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Iwi comments |
Iwi consultation undertaken by applicant. The Requiring Authority is to prepare a Protocol for any accidental archaeological discoveries during Construction Works. |
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Status |
Yet to be timetabled. |
Appellant |
Goatley Holding Limited |
Received |
4 June 2019 |
References |
ENV-2019-AKL-000097 Council : BUN60322627, LUC60322701, WAT60322704, DIS60322702, DIS60323625 and LUS60323625 |
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Applicant: |
New Zealand Transport Agency (NZTA)
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Site address |
Multiple Properties Between Hudson Road and 102 State Highway 1, Warkworth
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Other parties |
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Description |
An appeal to resource consents associated with the construction, operation and maintenance of a widened State Highway One at Warkworth, being the intersection with the future Matakana Link Road. (There is a related confirmation of a Notice of Requirement for alteration of designation 6763) The appellant’s submission seeks a reduced extent of designation and provision for access. |
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Iwi comments |
Iwi consultation undertaken by applicant. The Requiring Authority is to prepare a Protocol for any accidental archaeological discoveries during Construction Works. |
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Status |
Yet to be timetabled. |
Hibiscus and Bays - Local Board Area (1 Appeal)
Auckland Council (Community Facilities) |
Received |
22 December 2017 |
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References |
ENV-2017-AKL-00075 - Council – SUB60069647 |
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Site address |
Orewa Beach Esplanade Reserve, between Kohu Street and Marine View |
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Other parties |
Four 274 parties |
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Description |
Appeal by the applicant against council’s decision to refuse consent to the construction of a seawall, walkway and accessory access structures at the Orewa Beach Esplanade Reserve, between Kohu Street and Marine View. |
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Iwi comments |
Cultural values assessments were prepared by Ngati Manuhiri and Ngai Tai Ki Tamaki that confirmed conditional support for the application. The environment is highly modified and accidental discovery protocols are sought. The application was publically notified and no submissions from Iwi were submitted. |
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Status |
Court heard from the parties, and by minute of 22 February 2018 set the appeal down for a pre-hearing on jurisdiction over the right to appeal and determined that an amicus curiae should be appointed. Affidavits prepared for the pre-hearing set for 9 April 2018 that proceeded as scheduled. The Court on 2 May 2018 released its decision confirming jurisdiction over the Council’s right to appeal. A pre-hearing of 31 July 2018 discussed timetabling, possible mediation dates and sought the appellant to clarify the appeal issues. Court assisted mediation took place on the 21st and 22nd of February 2019. The substantive issues have been addressed and agreed between the main parties, some s.274 parties have not agreed. The matter proceeded to Court hearing, for the full week of 6th May 2019. Awaiting decision from the Court. |
Devonport Takapuna – Local Board Area (1 Appeal)
Appellant |
Pierce Road Coalition |
Received |
21 February 2019 |
References |
ENV-2019-AKL-000028 - Council – LUC60313256 |
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Site address |
110 Kitchener Road and 1a Pierce Road, Milford |
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Other parties |
One 274 party |
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Description |
Appeal by submitters against Council’s decision to grant consent to a six story building containing 20 residential apartments and one commercial unit. |
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Iwi comments |
The application was publically notified and no submissions from Iwi were submitted. |
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Status |
Agreement to settle the appeal reached at mediation on 29 May 2019. Consent order resolving the appeal was approved by the Environment Court on 30 July 2019. Matter complete. |
WAITAKERE – Local Board Area (1 Appeal)
Appellant |
Trustees of Forest Trust and Successors |
Received |
19 July 2018 |
References |
ENV-2018-AKL-000145 Council: SUB-2011-63 |
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Site address |
199 Anzac Valley Road, Waitakere |
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Other parties |
None |
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Description |
Appeal against hearing decision to uphold in part and dismiss in part a section 357 objection to conditions and costs of a subdivision resource consent (SUB-2011-63) |
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Iwi comments |
The application did not trigger any requirement for a Cultural Impact Assessment or raise any iwi or Treaty issues. |
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Status |
Appeal lodged on 26 July 2018. Environment Court decision to refuse appeal issued 18 December 2018. Appealed to the High Court however there is now a five year stay imposed by the Court against any current or new appeals lodged by P. Mawhinney of the Forest Trust. |
ALBERT-EDEN –Local Board Area (1 Appeal)
Appellant |
Panuku Development Auckland v Auckland Council |
Received |
04 September 2018 |
References |
ENV-2017-AKL-000176 Council – LUC60303721 & DIS60303722 |
||
Site address |
198-202 and 214-222 Dominion Road and 113-117 Valley Road, Mt Eden |
||
Other Parties |
Pacific Fringe Ltd, Astrid Modrow, Chris King, John Cram, Julie Singh, June Beaumont, Krish Jayaratne, LE & JE Whiley, Michael Wang, Nancy Smith, Peter Lange, Roger Bannan, Robert Dexter, Richard Peters, Ruth Batten, Stuart Wong, Walter Kelland, Valerie Turner |
||
Description |
Appeal against a hearing commissioner’s decision to refuse resource consent for a mixed use development comprising four new buildings with 102 residential units, nine retail units and 115 carparks. The commissioner’s grounds for refusal related to the bulk and scale of the proposal and the associated visual, shading and dominance effects, and the adverse effects on Special Character values from the loss of the Universal Building (a character-supporting building). |
||
Iwi comments |
The application did not trigger any requirement for a Cultural Impact Assessment, attract submissions from Iwi or raise Treaty issues. |
||
Status |
Appeal regarding a development that has generated media, political and local interest. Council has met on a without prejudice basis with the appellant (18 and 24 September 2018). Court assisted mediation occurred on 31 October 2018, no agreement reached between the parties. Further informal discussion between the parties (December 2018). Second court-assisted mediated occurred on 16 January 2019. Mediation agreement reached – subject to various conditions being satisfied. Council to report back to the Court as to progress by 15 February 2019. A number of the s274 parties have requested further time to consider their positions. Council has filed a memorandum with the Court seeking a judicial conference on the first available date after 15 March 2019. Pre-hearing conference scheduled for 2 April 2019. The pre-hearing conference held on 2 April 2019 confirmed that the matter will proceed to a hearing on or after 15 July 2019. A timetable for evidence exchange has been issued. The Court has issued a notice of hearing confirming that the hearing will commence of 19 August 2019. Revised date for hearing commencement – now 20 August 2019. |
WAIHEKE –Local Board Area (1 Appeal)
Appellants |
Cable Bay Wines Ltd v Auckland Council
|
Received
|
2 February 2018 |
References |
ENV-2017-AKL-000010 Council – LUC60127798 |
||
Site address |
12 Nick Johnston Drive, Waiheke Island |
||
Applicant |
Cable Bay Wines Limited |
||
Other parties |
Stephen & Suzanne Edwards, Julie Loranger & Lindsay Niemann, Michael & Christine Poland. |
||
Description |
Cable Bay appeal Council’s decision to refuse retrospective consent relating to the unlawful establishment and use of an additional dining area known as ‘The Verandah’. The principal issues in contention relate to the scale and intensity of the activity and the general amenity / noise effects associated with the use of the structure. |
||
Iwi comments |
The application was limited-notified to neighbours. No iwi group indicated a need for a cultural impact assessment. The Hearing Commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA. |
||
Status |
The Environment Court directed court-assisted mediation after the expiry of the section 274 period on 15 March 2018. Three s274 parties have joined. Awaiting confirmation of Environment Court mediation date and to involve both the consent appeal and the enforcement order application. Mediation held on 2 July 2018. No agreements reached between the parties. Caucusing between noise experts to on 5 July 2018 and a further mediation to be scheduled. No agreement reached at second mediation and matter to be set down for a hearing. The Court has confirmed a joint resource consent appeal and enforcement order hearing commencing on 7 November 2018. The appellant’s evidence is due by 7 September and the Council’s evidence is due by 21 September. Council to call Planning and Noise expert witnesses. Council’s evidence was filed with the Court on 21 September 2018. The hearing commenced on 7 November 2018 and an interim decision on the resource consent was issued on 21 November to convey the Court’s refusal of part of the application, particularly in relation to the use of the lawn for outdoor dining and drinking, and make further directions about the refinement of conditions of consent to aspects of the proposal which might attract consent. An interim decision on the application for enforcement order was issued on 28 November 2018 ordering Cable Bay to undertake various steps to limit their activities. The Court intends that the orders will substantially mirror the final resource consent conditions. Further monitoring and testing work order by the Court is ongoing. A second interim decision on the resource consent appeal was issued by the Court 22 February 2019 confirming the Court’s earlier decision to refuse consent in part. Further collaborative noise monitoring and assessment has been undertaken by the parties’ acoustic engineers and a report on this work is to be provided to the Court by 8 March 2019. This will assist the court in determining whether or not consent can be granted to a modified proposal for the restaurant, alfresco dining and outdoor functions. A judicial teleconference held on 28 March 2019. A further 1-2 day hearing will be scheduled, however that will not be held until July (as the Judge is away for May and June). An evidence exchange timetable will be set in due course. The Court has indicated that the hearing will resume for 2 days in the week of 26 August 2019. A timetable for evidence exchange has been issued. Evidence has been exchanged and the hearing will re-commence on 29th August 2019. |
Waitematā (12 appeals)
Appellant |
Lods Family Trust v Auckland Council |
Received |
2 July 2019
|
References |
ENV-2019-AKL-000134 |
||
Site address |
109 John Street, Ponsonby |
||
Other Parties |
Section 274 Party - Emma Jane Munro Section 274 Party -Jennifer Katherine Wilson |
||
Description |
Appeal against Council’s decision to refuse resource consent to remove the existing dwelling and associated structures on the site, carry out a two-lot subdivision, and construct two new two-storey dwellings. |
||
Iwi comments |
The application was publicly notified. There were no iwi issues raised in the application. The application was considered in accordance with the RMA. |
||
Status |
New appeal. Reporting date of 2 August to the Environment Court regarding mediation. |
Appellants |
Society for the Protection of Western Springs Forest Incorporated 2736092 & G Baldock v Auckland Council |
Received
|
11 June 2019
|
References |
ENV-2019-AKL-000104 LUC60321424 |
||
Site address |
859 Great North Road, Grey Lynn |
||
Applicant |
Auckland Council Community Facilities |
||
Other parties |
n/a |
||
Description |
To remove approximately 200 pine trees in Te Wai Orea – Western Springs Lakeside Park, including earthworks for an access track and restoration planting. |
||
Iwi comments |
Initial engagement and responses received from Ngati Paoa, Ngati Whatua Orakei, Ngati Whatua Kaipara, Te Patukirikiri, Te Runanga o Ngati Whatua, Waikato Tainui, Waiohua Te Ahiwaru Makaurau and Te Kawerau a Maki. Generally supportive of the works. No mana whenua groups have appealed or joined as s274 parties. |
||
Status |
New appeal. A timetable for court-assisted mediation has not yet been set. First mediation was held on 26 July 2019. Arborists to conduct joint site visit with a view to identifying and agreeing upon ‘urgent’ removals. Second mediation scheduled for 19th August 2019. |
Appellants |
-Urban Auckland, The Society for the Protection of Auckland City and Waterfront Inc. v Auckland Council; and -Ngāti Whātua Orakei Whaia Maia Limited v Auckland Council
|
Received
|
15 May 2019
15 May 2019 |
References |
ENV 2019 AKL 000087 CST60323353 |
||
Site address |
Wharf/ 11-99 Brigham Street Auckland Central |
||
Applicant |
Panuku Development Auckland Limited |
||
Other parties |
Various 274 parties in support of applicant Devonport Heritage in support of Urban Auckland |
||
Description |
Appeal against council’s decision to grant consent to construct two ship mooring dolphins and wharf access structures from the end of Queens Wharf and undertake alterations to the existing Queens Wharf structure including strengthening, bollard replacement, new piles and modifying the sub-structure. |
||
Iwi comments |
Submissions by various Mana whenua groups opposed or supported the application and were neutral by the end of the hearing. |
||
Status |
New appeals. Appeals to proceed to mediation on 6 August 2019. |
Appellants |
Drago Jujnovich v Auckland Council
|
Received
|
11 December 2018 |
References |
ENV 2018 AKL 000371
|
||
Site address |
560 Richmond Road, Ponsonby |
||
Applicant |
Drago Jujnovich c/- Jadren Trust |
||
Other parties |
Lesley Baddon |
||
Description |
Appeal against council’s decision to refuse resource consent to remove an existing dwelling and utilise the site for up to 13 carparking spaces (staff cars and cars waiting to be repaired) associated with the West Lynn Paint and Panel shop. |
||
Iwi comments |
No iwi issues. The application was considered in accordance with the RMA. |
||
Status |
The Environment Court has set down a reporting date of 31 January 2019 to advise of any negotiations on the appeal. Joint memorandum filed by parties on 31 January for a further reporting date to the Court of 12 March 2019. Mediation set down for 28 March has since been deferred to 17 April 2019. Mediation held and parties have agreed to settle the appeal. Conditions currently being drafted by Council for circulation to parties for comments. Draft consent order to settle the appeal subject to amended proposal and conditions has been filed dated 10 June for approval by the Environment Court. Environment Court has approved a consent order granting the application in part for a 5-year duration and subject to conditions dated 16 July 2019. File Closed. |
Appellants |
-North Eastern Investments Limited v Auckland Council -The Dark Horse Trust & Others v Auckland Council -The St Mary’s Bay Association Inc. & Herne Bay Residents Association Inc. -Henry v Auckland Council (now withdrawn) |
Received
|
30 November 2018 30 November 2018
30 November 2018
30 November 2018 |
References |
ENV 2018 AKL 000358 (NEIL) ENV 2018 AKL 000355 (Dark Horse) ENV 2018 AKL 000357 (Associations) ENV 2018 AKL 000359 (Henry) |
||
Site address |
St Mary’s Bay and Masefield Beach |
||
Applicant |
Auckland Council (Healthy Waters) |
||
Other parties |
Numerous |
||
Description |
Appeal against council’s decision to grant resource consent for the St Mary’s Bay and Masefield Beach Water Quality Improvement Project. |
||
Iwi comments |
Iwi submitted in support of the application and have joined the appeals as a section 274 party in support of the Council’s decision. |
||
Status |
The Environment Court has set down mediation in weeks 18 and 25 February 2019. Environment Court mediations held on 18 and 25 February 2019 to clarify issues and discuss and amend conditions of consent. Parties are to file a joint memorandum by 1 March 2019 setting out a timetable for a hearing in June. Appeal by NEIL and its section 274 notices to the appeals listed above withdrawn on 25 February 2019. Late applications by Watercare and Mr. and Ms. Henry to join as a section 274 party granted by the judge at the judicial conference held on 29 March 2019. Mediations held on 18 and 25 February. Parties are still in discussions with a reporting date to be agreed and approved by the Court. Henry Appeal is now withdrawn. Parties have requested a reporting date of 12 July 2019 with the court to allow Watercare and parties to seek independent review of proposed stormwater pipe. Further reporting date of 23 August requested by the applicant. |
Appellants |
Ngāi Tai Ki Tāmaki v Auckland Council
Te Ākitai O Waiohua, Ngaati Whanaunga, Ngāti Tamaoho, Ngāti Tamaterā, Te Patukirikiri, And Ngāti Maru v Auckland Council
Ngāti Whātua Orakei Whaia Maia Limited v Auckland Council |
Received
|
30 January 2019
30 January 2019
31 January 2019 |
References |
ENV-2019-AKL-000014 ENV-2019-AKL-000015 ENV-2019-AKL-000016
|
||
Site address |
31 Westhaven Drive, Auckland Central |
||
Other Parties |
Ngāti Te Ata |
||
Description |
Appeal against the decision of hearing commissioners to grant resource consents for the redevelopment of existing pile moorings within the Westhaven Marina, including land reclamation, installation of new pile berths, a new car park, and a new observation deck and public open space area |
||
Iwi comments |
The applications were publicly notified. Submissions from appellant iwi were received, along with other iwi who have not lodged an appeal against these decisions. |
||
Status |
ENV-2019-AKL-000014 and ENV-2019-AKL-000015 were withdrawn on 13 January 2019. Mediation scheduled with remaining appellant (Ngāti Whātua Orakei Whaia Maia Limited) and s274 parties on the 29 April 2019. Mediation for 29 April cancelled at the agreement of all parties, appeal will proceed to a hearing, to be held on or after 19 August. A s116 application was made to allow consents to commence while appeal is determined, this was approved by EC on the 27 March 2019. Matter proceeding to hearing, though the appellant is seeking a 2-3-month delay to this process. |
ORAKEI (1 appeal)
Appellants |
Summerset Villages (St John) Limited v Auckland Council
|
Received
|
10 August 2018 |
References |
ENV-2018-AKL-000160 |
||
Site address |
55-57 Ripon Crescent, Meadowbank |
||
Applicant |
Summerset Villages (St John) Limited |
||
Other parties |
Andrew and Jeanette Hayes and others |
||
Description |
An appeal against a decision to refuse an application to construct and operate a retirement village consisting of 7 buildings with 344 residential units at 55-57 Ripon Cres, Meadowbank |
||
Iwi comments |
The resource consent application was publicly notified and determined by commissioners in accordance with the RMA. Involved stormwater discharge and removal of SEA. CIA provided by Ngai Tai ki Tamaki. |
||
Status |
Council directed to report back to the Court by 24 September 2018 on progress regarding any negotiation/mediation. Awaiting further directions from the Court and confirmation of a mediation date. The appellant has requested further time to consider possible design revisions. The Court required the appellant to report back on 30th November as to progress before scheduling mediation. Court-assisted mediated is scheduled for 27 February 2019. No settlement reached at mediation. The matter is to proceed to a hearing. The timetable for evidence exchange has not yet been set. The Court issued a Minute on 20 March 2019 confirming the timetable for evidence exchange. A 5 day fixture will be allocated after 5 August 2019. Council’s evidence in chief was filed with the Court on 4 June 2019. Expert conferencing scheduled for the week beginning 1 July. Hearing scheduled to commence on 9th September 2019. |
HOWICK (1 appeal)
Appellant |
508 Chapel Road Partnership Trust |
Received |
16 October 2018 |
References |
ENV-2018-AKL 000281 Council – LUC60292090 |
||
Site address |
508 Chapel Road Flat Bush |
||
Applicant |
508 Chapel Road Partnership Trust |
||
Other Parties |
W & B Smith, C Yang, M Muthu and T Mahesh |
||
Description |
- Appeal by applicant against a decision refusing consent to establish a childcare centre accommodating 60 children and eight full-time staff at 508 Chapel Road, Flat Bush, Auckland |
||
Iwi comments |
No iwi issues. The application was considered in accordance with the RMA. |
||
Status |
The Court has asked parties to confirm a list of issues unresolved between the parties, witnesses, timetabling and whether they agree to Court assisted mediation by 30 November 2018. The applicant was declined in regard to adverse neighbourhood character and residential amenity effects arising from the traffic access arrangements. Proceeded to mediation on 15 February 2019. Discussion primarily around traffic matters and alternatives. No settlement reached. Caucusing and evidence exchange proceeding during April to June. Evidence form applicant received. Evidence by council witnesses prepared. |
PAPAKURA – Local Board Area (1 Appeal)
Appellant |
|
Received |
14 March 2019 |
|
References |
ENV-2019-AKL 000043 - Council – LUC60311805, DIS60303201, DIS60303159 |
|||
Site address |
3 Popes Road, Takanini |
|||
Applicant |
Alpha Dairy Limited |
|||
Other parties |
- Spark NZ Ltd |
|||
Description |
- An appeal against a decision to grant consents for the construction, operation and maintenance of a new dairy processing facility for the production of infant formula on a Business- Light Industry Zone site with an area of 22,372m2. The consent was publicly notified, with 4 submissions in opposition received. |
|||
Iwi comments |
No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA |
|||
Status |
Mediation set down for 28 May has since been vacated. High Court proceedings on related matters scheduled for October 2019. |
FRANKLIN – Local Board Area (4 Appeals)
Appellant |
Jacks Ridge Limited |
Received |
24 April 2019 |
References |
ENV-2019-AKL 00067 - LUC60322216 |
||
Site address |
76 Kimptons Road, Brookby |
||
Applicant |
Jacks Ridge Limited |
||
Other parties |
- Non-notified application. |
||
Description |
An appeal against a decision on an application to refuse consent to construct four commercial storage buildings. The consent proceeded without notification being found that the environmental effects are not more than minor however then refused as being contrary to the objectives and policies for the Rural - Mixed Rural Zone. The decision expresses concerns as to the nature, purpose and scale of the non-residential activity and being not associated with rural production. |
||
Iwi comments |
No iwi group indicated a need for a cultural impact assessment. The commissioner considered the application in accordance with the requirements of the RMA 1991 and Part 2 of the RMA. |
||
Status |
Recently lodged and likely to proceed to mediation in the coming month. The matter proceeded to mediation on 4 June 2019. The parties continue to proceed towards a possible consent order on the bases of a revised proposal. |
Appellant |
Clevedon North Limited |
Received |
22 February 2019 |
References |
ENV-2019-AKL 000029 - Council – (BUN60303009) LUC60303381, SUB60303384, DIS60303387 |
||
Site address |
52 North Road, Clevedon |
||
Applicant |
Clevedon North Limited |
||
Other parties |
- Numerous 274 parties have joined. |
||
Description |
An appeal against a decision on an application for subdivision and land use consents to subdivide a 9.04ha site into 68 residential lots. Associated earthworks, new roading and infrastructure. The consent was publically notified, with 43 submissions in opposition received. |
||
Iwi comments |
No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA |
||
Status |
The appeal proceeded to mediation on 30 May 2019. The parties remain open to exploring alternative designs that may be the subject of a second mediation. A revised design was the bases of a second mediation on 25 June and an agreement in principal was reached. The parties continue to work towards agreement on a finalised design and conditions of consent. A consent order is circulating in terms of the revised proposal. |
Appellant |
Signature Building Ltd |
Received |
22 January 2019 |
References |
ENV-2019-AKL 000009 Council – LUC60313362 |
||
Site address |
17A Bell Road, Beachlands |
||
Applicant |
Signature Building Ltd |
||
Other parties |
- Beachlands Neighbourhood Voice Inc. |
||
Description |
Appeal by the applicant against the Council decision to decline consent to establish a childcare facility for 105 children and 17 staff. The consent was publicly notified, with 83 submissions received (82 in opposition) |
||
Iwi comments |
No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA |
||
Status |
Mediation held 29 March. No agreement reached at mediation however parties have agreed to attend further mediation in May. A revised proposal was the subject of a second mediation on 15 May 2019. Agreement was not reached and the matter is to be timetabled for evidence exchange and hearing. Hearing scheduled for December 2019, with caucusing and evidence exchange to occur Aug – Nov. |
Appellant |
Ahuareka Trustees (No. 2) Ltd |
Received |
19 November 2015 |
References |
ENV-2015-AKL-000147 Council – 42081 |
||
Site address |
650-680 Whitford Maraetai Road, Whitford |
||
Other parties |
Whitford Residents and Ratepayers Association |
||
Description |
Appeal against Council’s decision to refuse consent to establish a hamlet of 186 households and ancillary buildings, a country pub and restaurant, retail and commercial units and carpark in the Whitford Rural B zone. |
||
Iwi comments |
No iwi submissions |
||
Status |
Appeal reported to the Committee in December 2015. Mediation held 11 February 2016. Appeal reported to the Regulatory Committee on 1 December 2016. Evidence exchange occurred in February/March 2017. Judicial teleconference held 30 March. Court hearing proceeded within the week 3 July 2017, with the applicants reply to be filed in writing. Decision of the Court received 15 December 2017 – appeal declined. Significant policy-based decision supporting provisions of AUP (OP). Court costs being sought, otherwise appeal matters complete. The Environment Court decision since appealed by the appellant to the High Court on 26 January 2018. A case management conference is scheduled for 6 March. Council filed its submissions on 31 August and a hearing has been set for 9 October 2018. The appellant’s lawyer requested a deferral for health reasons, which was agreed to. The hearing will now not be held until early 2019. High Court hearing held 9 May 2019 and awaiting decision. |
Regionwide – All Local Board Areas (3 Appeals)
Appellants |
Royal Forrest and Bird Protection Society of NZ Inc. v Auckland Council Housing New Zealand Corporation v Auckland Council Herne Bay Residents Association Inc.& The St Mary’s Bay Association Inc.
|
Received
|
10 May 2019
10 May 2019
15 May 2019
|
References |
ENV 2019 AKL 000082 ENV 2019 AKL 000081 ENV 2019 AKL 000086 |
||
Site address |
Regionwide |
||
Applicant |
Auckland Council (Healthy Waters) |
||
Other parties |
Numerous section 274 notices received |
||
Description |
Appeals against council’s decision to grant resource consent for the discharges of stormwater from existing and future urban landuses that will enter Council’s stormwater network; and discharges of stormwater from the Council’s stormwater network to the environment. |
||
Iwi comments |
Mr. Tame Te Rangi made submissions on behalf of Te Mana Whenua Katiaki Forum which has membership from each of the 19 mana whenua entities with interests in the Auckland Council area and supported the application. There were other submissions from iwi including submission lodged by Ngati Tamaoho initially opposed the application but supported it at the hearing based on conditions recommended by the applicant. |
||
Status |
The section 274 party notice timeframe closed at end of May 2019. Waiting for the Environment Court directions on the appeals and a mediation date. Environment Court has advised of the mediation dates which are set down for 5 and 21 August 2019. |
08 August 2019 |
|
Summary of Regulatory Committee information memoranda and briefings - 8 August 2019 including the Forward Work Programme
File No.: CP2019/12630
Te take mō te pūrongo
Purpose of the report
1. To note the progress on the forward work programme and receive information circulated to the Committee.
Whakarāpopototanga matua
Executive summary
2. This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/briefings or other means, where no decisions are required.
3. The following information has been circulated to members:
Date |
Subject |
23/7/19 |
Reply from Minister of Local Government re Request for Amendments to Alcohol Ban Provisions in the Local Government Act 2002 |
4. This document can be found on the Auckland Council website at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
· at the top left of the page, select meeting/Te hui “Regulatory Committee” from the drop-down and click ‘view’;
· under ‘Attachments’, select either HTML or PDF version of the document entitled ‘Extra Attachments’
5. Note that, unlike an agenda decision report, staff will not be present to answer questions about the items referred to in this summary. Committee members should direct any questions to the authors.
Recommendation/s That the Regulatory Committee: a) note the progress on the forward work programme appended at Attachment A of the agenda report b) receive the Regulatory Committee Summary of Information for 8 August 2019. |
Attachments
No. |
Title |
Page |
a⇩ |
Forward Work Programme |
39 |
b⇩ |
Reply from the Hon Nanaia Mahuta on changes to alcohol ban legislation |
45 |
Ngā kaihaina
Signatories
Author |
Andrew Gray - Governance Advisor |
Authoriser |
Craig Hobbs - Director Regulatory Services |
Regulatory Committee 08 August 2019 |
|
REGULATORY COMMITTEE FORWARD WORK PROGRAMME 2019 / 2020 This committee is responsible for regulatory hearings, appointing independent commissioners and for the development of regulatory policy and bylaws. |
Area of work |
Reason for work |
Regulatory Committee role (decision or direction) |
Budget/ Funding |
Expected timeframes Highlight financial year quarter and state month if known |
|||
FY18/19 |
FY19/20 |
||||||
Apr – Jun 11 April 9 May 13 June |
Jul – Sep 11 July 8 Aug 12 Sept |
Oct – Dec
|
Jan - Mar |
||||
Alcohol Licensing |
Report on the revenue received and the costs incurred for the alcohol licensing process – required by regulation 19 of the Sale and Supply of Alcohol (Fees) Regulations 2013. |
Note that the majority of alcohol licensing costs were recovered from the existing default licensing fees regime for the twelve months to July 2017 Confirm continuance of the default licensing fees regime Review the default licensing fees regime after a suitable period of time has elapsed following the implementation of the Local Alcohol Policy |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
Animal Management |
Report on Animal Management activities for the year ending June 2018 as required by s10a of the Dog Control Act 1996 |
Note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide the 2017/18 report to the Secretary of Local Government
Progress to Date: Report 4/10/18 2017/2018 Animal Management Annual Report prepared pursuant to s10A of the Dog Control Act 1996 REG/2018/70 |
Within current baselines. |
Q4 |
Q1 |
Q2 |
Q3 |
Earthquake Prone, Dangerous & Insanitary Buildings Policy 2011-2016 Review |
2011 - Auckland Council was required under s131 of the Building Act 2004 to adopt a policy on earthquake prone, dangerous and insanitary buildings 2018 – Due to the Building (Earthquake-Prone Buildings) Amendment Act 2016, Auckland Council’s management of earthquake-prone buildings now falls under the national policy and methodology set by MBIE. Our ongoing work programme for issuing statutory EPB notices, receiving seismic assessments, and identifying residual potential EPBs is being carried out on this basis. Note that dangerous and insanitary buildings continue to have their own local policy that is now under the management of Regulatory Compliance. |
Update the Committee on the progress made in implementing Auckland Council’s regulatory obligations with regard to earthquake-prone buildings within its jurisdiction. |
|
Q4 |
Q1 |
Q2 |
Q3 |
Solid Waste Bylaw review |
Legislative requirement to review the bylaw and policy after five years.
Key milestones: Sept-Dec 2018 - research and engagement Feb 2019 – findings report to Regulatory Committee March 2019 – options report to Regulatory Committee April 2019 – proposed bylaw June 2019 – public feedback July 2019 – panel deliberation By August 2019 – Governing Body to adopt bylaw |
Receive report following the completion of the bylaw review. Recommend statement of proposal to Governing Body. Establish the hearings panel for deliberations on submissions. Recommend final draft of bylaw to governing body for adoption.
Progress to date: 14/2/19 - report to endorse the findings of the Solid Waste Bylaw 2012 review and request a report on options that responds to the findings REG/2019/7 14/3/19 – a report to request a statement of proposal that makes a new bylaw REG/2019/12 14/3/19 – a report to determine outcome of review and decide whether to make changes REG/2019/12 |
|
Q4 |
Q1 |
Q2 |
Q3 |
Alcohol Control Bylaw review |
Legislative requirement to review the bylaw and policy after five years. Next steps · Staff to prepare a statement of proposal · Report back in early 2020 |
Receive report following the completion of the bylaw review. Recommend statement of proposal to Governing Body. Establish the hearings panel for deliberations on submissions. Recommend final draft of bylaw to governing body for adoption.
Progress to date: 9/5/19 report to provide an update on the Alcohol Control Bylaw review 2019 options for any changes REG/2018/18 |
|
Q4 |
Q1 |
Q2 |
Q3 |
Alcohol Fees Bylaw 2019 |
Development of an alcohol fees bylaw |
Recommendation around development of bylaw. If accepted Receive report following the completion of the bylaw review. Recommend statement of proposal to Governing Body. Establish the hearings panel for deliberations on submissions. Recommend final draft of bylaw to governing body for adoption.
Progress to Date: Report 11/4/19 on development and decision to delay REG/2019/22 |
|
Q4 |
Q1 |
Q2 |
Q3 |
Cemeteries and Crematoria Bylaw 2014 Review |
Legislative requirement to review the bylaw and policy after five years.
|
Receive report following the completion of the bylaw review. Recommend statement of proposal to Governing Body. Establish the hearings panel for deliberations on submissions. Recommend final draft of bylaw to governing body for adoption.
Progress to Date: Report 11/4/19 and request and options report REG/2019/20 Options report 9/5/19 and decision on option REG/2019/27 |
|
Q4 |
Q1 |
Q2 |
Q3 |
Boarding Houses Inspection |
Update on the Auckland proactive boarding houses inspections programme.
Increase inspections from one to a minimum of three per year. |
Receive updates
Progress to date: 8/2/18 report to provide an update on the proactive boarding houses inspection programme REG/2018/5 An update on the initiative was provided at the 15/6/18 meeting item 12 resolution REG/2017/51 item 12 update on boarding house inspections item 11 |
|
Q4 |
Q1 |
Q2 |
Q3 |
Resource Consents Appeal Update |
To provide oversight of the appeals received to resource consent decisions. |
Information purposes Monthly updates – Memo
Progress to Date: Report 14/2/19 received REG/2019/8 Report 14/3/19 received REG/2019/14 Report 11/4/19 received REG/2019/23 Report 9/5/19 received REG/2019/30 Report 13/6/19 received REG/2019/35 Report 11/7/19 received REG/2019/42 |
|
Q4 |
Q1 |
Q2 |
Q3 |
The Regulatory Committee Policy |
Reporting on and monitoring of commissioner appointments |
Information purposes Memo quarterly |
|
Q4 |
Q1 |
Q2 |
Q3 |
The Regulatory Committee Policy |
Annual review of commissioner pool |
Decision: review RMA commissioner pool |
|
Q4 |
Q1 |
Q2 |
Q3 |
The Regulatory Services Directorate |
Report on: · progress implementing the Food Act 2014 · insights into the performance, opportunities and risk of the Resources Consents Dept · progress implementing the Regulatory Compliance programme · update of Building control activity |
For information only: 6 monthly updates
Progress to Date: Report 13/6/19 Compliance work with taverns hosting pokie machines REG/2019/34
|
|
Q4 |
Q1 |
Q2 |
Q3 |
COMPLETED
Area of work |
Governing Body role (decision or direction) |
Detailed Decisions |
Freedom camping |
Receive options report following the completion of the research and pilot. (July 2017) If a regulatory response is required then the committee will: · Recommend statement of proposal to Governing Body. · Establish the hearings panel for deliberations on submissions. · Recommend final draft of bylaw to governing body for adoption. |
An overview programme was presented on 10/08/17 Item 9 REG/2017/72 resolution REG/2017/72 SCP process 9/8/18 report to provide a presentation updating the development of a bylaw under the Freedom Camping Act 2011 REG/2018/58 13/9/18 - report to seek direction on the content of the statement of proposal for the management of freedom camping REG/2018/64 8/11/2018 - report to recommend that the Governing Body adopt the freedom camping in vehicles statement of proposal and draft bylaw for public engagement and appoint a panel to consider feedback, deliberate and make recommendations REG/2018/77 |
Dog management Bylaw and Policy on Dogs. |
Receive report following the completion of the bylaw review. (November 2017) Recommend statement of proposal to Governing Body. Establish the hearings panel for deliberations on submissions. Recommend final draft of bylaw to governing body for adoption.
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Workshop held April 2018 – to seek informal guidance on a few potentially contentious issues related to dog management. 14/6/18 - A report to endorse the findings of the Auckland Council Policy on Dogs 2012 and Dog Management Bylaw 2012 statutory review and approve a report back on options that respond to the findings REG/2018/44 8/11/18 - A report To seek approval for amendments to the Auckland Council Policy on Dogs 2012 and the Dog Management Bylaw 2012 REG/2018/79 14/2/19 – a report to recommend to the Governing Body that it adopt the Auckland Councils New Policy on Dogs and dog Management Bylaw 2019 Statement of proposal REG/2019/6 |