Agenda of Governing Body

Terms of Reference

Those powers which cannot legally be delegated:

(a) the power to make a rate

(b) the power to make a bylaw

(d) the power to adopt a long-term plan, annual plan, or annual report

(e) the power to appoint a chief executive

(f) the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g) the power to adopt a remuneration and employment policy

Additional responsibilities retained by the Governing Body:

(h) approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(i) approval of a draft bylaw prior to consultation

(j) resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(k) adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(l) relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(m) overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs

(n) oversight of work programmes of all committees of the governing body.

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.

1 Affirmation

His Worship the Mayor will read the affirmation.

2 Apologies

At the close of the agenda no apologies had been received.

3 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Confirmation of Minutes

That the Governing Body:

a) confirm the ordinary minutes of its meeting, held on Thursday, 26 March 2020, including the confidential section, as a true and correct record.

5 Petitions

At the close of the agenda no requests to present petitions had been received.

6 Public Input

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.

7 Local Board Input

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.

8 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Governing Body

30 April 2020

Food Safety Information Bylaw 2020: Bylaw Panel report

File No.: CP2020/04854

Te take mō te pūrongo

Purpose of the report

1. To adopt the new Food Safety Information Bylaw 2020.

Whakarāpopototanga matua

Executive summary

2. To enable a decision on whether to adopt a proposal to make a new food safety information bylaw, an appointed Bylaw Panel has deliberated and made recommendations on public feedback and local board input.

3. The proposal seeks to better protect public health by improving food safety information certificate (food grade) display rules. The Governing Body adopted the proposal for public consultation on 25 July 2019. At the close of public feedback on 2 February 2020, council had received feedback from 1498 people and organisations.

4. The Bylaw Panel recommends the Governing Body adopt the proposal with changes in response to matters raised (Attachments A and B). Key recommended changes are to:

· amend the new digital food grade display requirement to allow flexibility to food businesses to either display an image of the food grade, or a statement and link of the food grade to council’s food grade search webpage

· delay the commencement of the new digital food grade display requirement to 31 December 2020 due to the significant impact of the COVID-19 pandemic on food businesses and their employees.

5. There is a reputational risk that some people or organisations may not feel council has listened to their feedback. This can be mitigated by communicating the reasons for the decisions to those who gave written feedback.

6. If adopted, staff will publicly notify the decision, publish the new bylaw by 23 May 2020 and implement any operational changes.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) acknowledge the impact of the COVID-19 pandemic on food businesses, and their employees.

b) approve the Bylaw Panel recommendations on the proposed new Food Safety Information Bylaw 2020 in Attachment A and Attachment B of the agenda report.

c) confirm that the Food Safety Information Bylaw 2020 in Attachment C of the agenda report:

i) is the most appropriate way to protect public health from foodborne illness

ii) is the most appropriate form of bylaw

iii) does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

d) adopt the Food Safety Information Bylaw 2020 in Attachment C of the agenda report.

e) approve the distribution of this agenda report and associated minutes to local boards for their information.

f) delegate authority through the Chief Executive to staff responsible for bylaws to make any amendments to the Bylaw in Attachment C of the agenda report to correct errors or omissions.

Horopaki

Context

7. The Whakapai Kai 2013, Food Safety Bylaw 2013, aims to promote and protect public health by requiring the display of food grades. It expires on 23 May 2020.

8. The Regulatory Committee on 11 July 2019 approved a proposal to adopt a replacement bylaw, and appointed a Bylaw Panel^{^[1]} to deliberate and make recommendations to the Governing Body on public feedback (REG/2019/39).

9. The Governing Body on 25 July 2019 approved the proposal for public feedback (GB/2019/70).

10. The proposed Whakapai Kai 2020 Food Safety Information Bylaw 2020 seeks to better protect public health by improving current food grade display rules by:

· clarifying that the requirement to display a food grade applies to all food businesses that operate under a Template Food Control Plan^{^[2]}, serve the public and are registered and verified by council (meaning most Auckland-only cafés, restaurants and takeaways)

· specifying physical locations for food grade display

· introducing a new rule for food grade display on the homepage or similar of online platforms that the food business has control over (for example a café website managed by the café owner).

11. The proposal was notified for public feedback from 2 December 2019 to 2 February 2020. People were able to provide feedback online, by email, by post, or in person at ‘Have Your Say’ or stakeholder events. At the close of public feedback, council had received feedback from 1498 people and organisations.

12. The Bylaw Panel deliberated on the public feedback to the proposal at a public meeting on 14 April 2020.

13. More information about the proposal, public notification and feedback can be viewed on council’s have your say and hearings webpages.

Tātaritanga me ngā tohutohu

Analysis and advice

14. The Bylaw Panel structured its deliberations and recommendations on the public feedback by topic. A summary of the topics and recommendations is shown in the table below, and contained in full in Attachment A.

15. The key recommendations are to:

· delay the commencement of the new digital food grade display requirement to 31 December 2020 due to the significant impact of the COVID-19 pandemic on food businesses and their employees.

16. Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes improve the Bylaw form and do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.

Summary of key Bylaw Panel recommendations

Topic	Summary of key Panel recommendations
Certain food businesses must display a food grade	Amend proposal for clarity by providing more examples of activities that the Bylaw does not apply to.
Display at physical sites	Amend proposal for clarity by providing more information on proposal terminology (for example ‘clearly visible to the public’ and what makes a location ‘possible’ for display).
Display at online sites	Amend proposal for: · flexibility by allowing a choice of how to provide food grade information on digital platforms – either an image of the food grade, or a statement of the food grade and a link to the food grade search webpage on council’s website · clarity by providing examples of the digital display rules, meaning of terminology (for example ‘control’), and by replacing term ‘online site’ with ‘digital platform’.
COVID-19 considerations	Delay commencement of new digital food grade display requirement to 31 December 2020. This is intended to allow time for food businesses to recover from the significant impact of the COVID-19 pandemic, before compliance with the new digital display requirement.

17. The Bylaw Panel recommends that the Governing Body adopt the new Food Safety Information Bylaw in Attachment C by making the necessary statutory determinations. The Bylaw in Attachment C incorporates the changes recommended in Attachments A and B. Taking this approach will make a bylaw about food grade display more certain and better protect public health.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. The impacts of a “business-as-usual” climate change scenario over the next five years ^{^[3]} could potentially impact food resilience and the need for food waste minimisation.

19. The above impacts will not however affect the proposal which requires certain food businesses to continue to display a food grade. This means that the proposal is not inconsistent with the aims to reduce emissions in the Auckland’s Climate Action Framework.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20. Council’s Environmental Health Unit is aware of the impacts of the new Food Safety Information Bylaw 2020 and its implementation role.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

21. The proposal impacts the Auckland region. All local boards were provided opportunities to input into the decision making-process in writing or in person to the Bylaw Panel.

22. Three local boards provided input on public feedback to the proposal. All three local boards were supportive of the proposal.

Tauākī whakaaweawe Māori

Māori impact statement

23. The proposal has significance for Māori as kai is embedded in the tikanga of manaakitanga and there is specific tikanga around its preparation and consumption. The sharing of kai with manuhiri is an essential part of marae tikanga.

24. Marae are exempt from verification under the Food Act where kai is prepared for customary purposes (for example at a tangi).

25. Marae committees were notified of the proposal and given the opportunity to provide feedback in writing, online and in person. Five per cent of feedback received was from individuals identifying as Māori (68 people), the majority of who were supportive of the proposal.

26. One committee provided written feedback. The Makaurau Marae Trust – Te Ahiwaru supports the proposal and notes the importance for food grades to be up to date.

Ngā ritenga ā-pūtea

Financial implications

27. Public notification and implementation costs will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. There is a reputational risk that some people or organisations who provided feedback may not feel council has listened to their feedback. This can be mitigated by staff communicating the reasons for the decisions to those who gave written feedback.

Ngā koringa ā-muri

Next steps

29. If adopted, staff will notify both the general public and people who gave feedback on the proposal about the decision, and will publish the new bylaw by 23 May 2020.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Deliberations table	15
b ⇩	Comparison of proposed and Panel-recommended changes	21
c ⇩	Whakapai Kai 2020 Food Safety Information Bylaw 2020	25

Ngā kaihaina

Signatories

Authors

Councillor Daniel Newman, Hearings Panel Chair

Councillor Tracy Mulholland

Independent Māori Statutory Board member Glenn Wilcox

Councillor Paul Young

Authoriser

Stephen Town - Chief Executive

Governing Body

30 April 2020

Request to approve Plan Change 10: Historic Heritage Schedule (errors, anomalies and information update)

File No.: CP2020/04858

Te take mō te pūrongo

Purpose of the report

1. To approve Plan Change 10: Historic Heritage Schedule (errors, anomalies and information update) to the Auckland Unitary Plan (Operative in Part).

Whakarāpopototanga matua

Executive summary

The report would normally go before the Planning Committee, however, in light of COVID-19, it will now be considered by the Governing Body.

2. Plan Change 10 corrects errors and updates place information for 146 places in the Historic Heritage Overlay of the Auckland Unitary Plan (Operative in Part) (AUP).

3. Decisions were made on Plan Change 10 in March 2019. One appeal was received against those decisions. The Auckland Hebrew Congregation appealed the provisions related to the Auckland synagogue and community centre at 108-116 Greys Avenue, Auckland Central.

4. Plan Change 10 was made operative in part in July 2019, following a resolution of the Planning Committee. The regional coastal provisions were made operative in October 2019 following approval by the Minister of Conservation. The provisions relating to the Auckland synagogue and community centre are currently the only part of Plan Change 10 that are not operative.

5. With the resolution of the Auckland Hebrew Congregation appeal via a consent order, Plan Change 10 can now be made operative in full.

6. To make Plan Change 10 operative in full, the plan change provisions that were subject to appeal, being the Auckland synagogue and community centre at 108-116 Greys Avenue, Auckland Central, must be approved. Staff must then complete the necessary statutory processes to publicly notify the date on which Plan Change 10 becomes operative in full. These actions are undertaken in accordance with Schedule 1 of the Resource Management Act 1991.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) approve Plan Change 10 to the Auckland Unitary Plan (Operative in Part), as it relates to the provisions subject to appeal regarding the Auckland synagogue and community centre at 108-116 Greys Avenue, Auckland Central

b) request staff to complete the necessary statutory processes to publicly notify the date on which Plan Change 10 becomes operative in full as soon as possible, in accordance with the requirements of Schedule 1 of the Resource Management Act 1991.

Horopaki

Context

7. Plan Change 10 amends 146 places in the Historic Heritage Overlay of the AUP . The amendments corrected errors and updated place information, such as the mapped extent of a historic heritage place.

8. The Planning Committee approved Plan Change 10 for public notification in November 2017 (PLA/2017/144). Independent commissioners were delegated the authority to make decisions in May 2019 (REG/2018/46). The commissioners’ decisions were publicly notified in March 2019.

9. The Plan Change 10 decision on the Auckland synagogue and community centre at 108-116 Greys Avenue, Auckland Central was appealed by the Auckland Hebrew Congregation (ENV-2019-AKL-000080). The Congregation sought to:

· amend the identified heritage values of the place

· exclude portions of the exterior and interior of the building from protection.

10. The appeal was resolved via a consent order on 11 March 2020, being Attachment A.

11. The consent order:

· retains the identified heritage values of (A) Historical, (B) Social and (C) Technology

· retains the protection of the exterior of the building and the interior spaces of the:

o basement stairwell

o ground floor minor synagogue, cafe (former library), stairwell, foyer, original entrance columns, and void space of entrance

o first floor gymnasium and raised adjoining space (former social hall), stairwell, foyer, and balconies

· deletes the historic heritage map in Schedule 14.3, as this is now considered unnecessary.

12. The council’s heritage experts support the consent order, as it protects the identified heritage values of the Auckland synagogue and community centre. The General Manager – Plans and Places agreed the consent order under his officer’s delegation.

13. Plan Change 10 was previously made operative in part in July 2019 (PLA/2019/66). The parts of Plan Change 10 that were not made operative at that time were:

· the provisions subject to appeal, being only those of the Auckland synagogue and community centre

· the provisions of the regional coastal plan.

Following approval by the Minister of Conservation, the regional coastal plan component of Plan Change 10 was made operative in October 2019.

14. With the resolution of the appeal, Plan Change 10 can now be made operative in full.

15. To make Plan Change 10 operative in full, the plan change provisions that were subject to appeal, being the Auckland synagogue and community centre at 108-116 Greys Avenue, Auckland Central, must be approved. Staff must then complete the necessary statutory processes to publicly notify the date on which Plan Change 10 becomes operative in full. These actions are undertaken in accordance with Schedule 1 of the Resource Management Act 1991.

Tātaritanga me ngā tohutohu

Analysis and advice

16. This report is procedural. Only the Governing Body, and previously the Planning Committee, is authorised to approve a plan change. As the plan-making process is complete, no further analysis is required.

Tauākī whakaaweawe āhuarangi

Climate impact statement

17. There are no climate impacts associated with the approval of this plan change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. There are no council group impacts associated with the approval of this plan change.

19. Auckland Transport and Panuku Development Auckland submitted on Plan Change 10. Both submissions were withdrawn and neither related to the Auckland synagogue and community centre.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

20. There are no local impacts associated with the approval of this plan change.

21. Waitematā Local Board is the relevant local board for the Auckland synagogue and community centre. This local board did not provide feedback on Plan Change 10.

Tauākī whakaaweawe Māori

Māori impact statement

22. There are no impacts on Māori associated with the approval of this plan change.

23. The Auckland synagogue and community centre has no known value to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

24. There are no financial implications associated with the approval of this plan change. Updating the Auckland Unitary Plan is budgeted expenditure for the Plans and Places Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. There are no risks associated with the approval of this plan change.

Ngā koringa ā-muri

Next steps

26. The Auckland Unitary Plan identifies the Auckland synagogue and community centre as being subject to appeal.

27. Staff will undertake the actions required under Schedule 1 of the Resource Management Act 1991 to make Plan Change 10 operative in full, including the public notice and seal. The update of the Auckland Unitary Plan text is expected to be 12 June 2020.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Consent order - Auckland Hebrew Congregation v Auckland Council	39

Ngā kaihaina

Signatories

Author

Megan Patrick – Team Leader Heritage Policy

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Stephen Town - Chief Executive

Governing Body

30 April 2020

Adoption of Silverdale West Dairy Flat Industrial Area Structure Plan

File No.: CP2020/04860

Te take mō te pūrongo

Purpose of the report

1. To seek the adoption of the Silverdale West Dairy Flat Industrial Area Structure Plan.

Whakarāpopototanga matua

Executive summary

The report would normally go before the Planning Committee, however, in light of COVID-19, it will now be considered by the Governing Body.

2. The council’s strategic direction for growth in Auckland includes the urbanisation of the land in the Future Urban Zone at Wainui, Silverdale and Dairy Flat. The council’s Future Urban Land Supply Strategy 2017 identifies part of the Silverdale West Dairy Flat area specifically for business and it is sequenced to be development ready in the period 2018 – 2022.

3. The Silverdale West Dairy Flat Industrial Structure Plan area is approximately 603ha and is shown in Figure 1. However, once floodplains and roads are deducted, the net developable area is approximately 350ha.

4. The structure plan builds on opportunities and constraints of the area and acknowledges feedback from public engagement phases.

5. The structure plan map is shown in Figure 2 below and some of the key high-level features of the structure plan include:

· predominantly land for light industry but with a central area for heavy industry

· an indicative new transport network promotes public transport and includes new arterial roads, an interchange at Wilks Road, cycling and walking facilities, and an Rapid Transit Network (RTN) route associated with the wider Future Urban zone, integrated with existing networks

· existing and indicative new water and wastewater infrastructure

· streams, floodplains and riparian margins are to be protected.

· landscape protection measures including landscape buffers and view shafts.

6. The structure plan also includes a staging plan which determines which land is rezoned first and sets out a timeline for the rezoning of the remainder of the land. Three stages are proposed to align with the projected demand for industrial land and the provision of infrastructure.

7. There were over 200 submissions received on the draft structure plan. The key issues raised were support for industry and jobs, opposition to the proposed staging, opposition to heavy industry and promotion of a wider range of business land uses.

8. Following the close of the feedback period the Structure Plan Political Reference Group decided to delay the structure plan to enable Watercare to investigate alternative options for providing water and wastewater to the structure plan area, and to further investigate infrastructure funding.

9. The key changes to the structure plan in response to the feedback and the conclusions of the further investigations are:

· further (more detailed) explanation of the rationale for industrial land use in the structure plan area and mention of other types of business land that will be provided in the wider Dairy Flat Future Urban zone to the south.

· further explanation of the rationale for heavy industry. Also the addition of a statement that acknowledges that it is difficult to predict the mix of industrial land needed in 20 years’ time and that before a decision is made on the appropriate zoning, the need for land for heavy industry will be reassessed prior to the plan change required to rezone the land in Stage 2 (2038 – 2048). However, it is still important that the structure plan flags the opportunity now for heavy industrial land in the future.

· further explanation about the need for staging to reflect the likely demand for industrial land and the timing and costs of providing infrastructure. This includes a qualification about reviewing staging prior to future plan changes. An explanation as to how the staging differs from the FULSS is also included.

· amendments to reflect the changes to the water and wastewater network and the timing of the construction of parts of the network.

· addition of high-level infrastructure costs to demonstrate the large scale of the costs involved.

· addition of a section on the impacts of the structure plan outcomes and the proposed land use on climate change.

· a minor amendment to the structure plan area boundary, and thus the boundary of the light industry zone, to move it slightly to the east to reflect the realignment of Pine Valley Road, currently under construction.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) adopt the Silverdale West Dairy Flat Industrial Area Structure Plan (in Attachment A of the agenda report)

b) authorise the Manager North, West and Islands to make any minor editorial amendments to the Silverdale West Dairy Flat Industrial Area Structure prior to public release of the plan and supporting documents.

Horopaki

Context

10. The council’s strategic direction for growth in Auckland includes the urbanisation of the Future Urban Zone at Silverdale Wainui and Dairy Flat. The council’s Future Urban Land Supply Strategy 2017 identifies part of the Silverdale West Dairy Flat area specifically for business and it is sequenced to be development ready in the period 2018 – 2022. Before any urban development of the Future Urban zone can occur, the Auckland Unitary Plan Operative in Part 2016 (‘Unitary Plan’) requires that land must be structure planned.

11. Mana whenua engagement and discussions has been ongoing throughout the structure plan project. The feedback from mana whenua has been generally supportive of the process and the overall structure plan direction, with suggestions made in relation to the protection of riparian margins, streams and the Weiti Estuary. Riparian margins are identified for protection in the structure plan and the catchment management addresses management of water quality.

12. At key phases of the process, the Structure Plan Political Reference Group set up by the Planning Committee provided guidance on the plan, authorized the release of the draft plan for feedback and recommended the plan to this committee. The plan is now ready for adoption by the Planning Committee.

13. The Silverdale West Dairy Flat Industrial Area Structure Plan area is approximately 603ha gross and is shown in Figure 1. However, once floodplains and roads are deducted the net developable area is approximately 350ha.

Figure 1 Silverdale West Dairy Flat Industrial Structure Plan Area locality

14. The Silverdale West Dairy Flat Industrial Area structure plan process began in 2017 and an initial background report assessing the constraints and opportunities for the area was consulted on between December 2017 and February 2018.

15. The Draft Silverdale West Industrial Area Structure Plan was released for public feedback from 25 March 2019 until 28 April 2019. Information about the draft structure plan was available online through Have Your Say. Information was also displayed at local service centres and libraries. There were also two drop-in events at the Dairy Flat Hall in April 2019.

16. The final structure plan has been completed after consideration of the matters raised in feedback on the constraints and opportunities and draft structure plan phases.

Tātaritanga me ngā tohutohu

Analysis and advice

The Structure Plan

17. The structure plan is shown in Figure 2. The key features of the structure plan are:

· predominantly land for light industry but with a central area for heavy industry

· an indicative new transport network including new arterial roads, an interchange at Wilks Road, cycling and walking facilities, and an RTN route associated with the wider Future Urban zone, integrated with existing networks

· existing and indicative new water and wastewater infrastructure

· streams, floodplains and riparian margins are to be protected.

· landscape protection measures including landscape buffers and view shafts.

· indicative open space

Figure 2 Silverdale West Dairy Flat Industrial Area Structure Plan

18. The structure plan identifies a total of 294ha (net) for light industry and 56ha (net) for heavy industry. The area of heavy Industry is located south of Wilks Road. Current estimates are that by 2048 the additional industrial land demand will amount to between 156 and 299ha (net) of light industry zoned land and up to 125ha (net) of heavy industry zoned land, so based on that assessment, there will still be capacity beyond 2048.

19. It is considered prudent to plan to accommodate near the high end of the range given the difficulties with finding more industrial land once other activities are in place. The need for land for heavy industry will be reassessed prior to the future plan change required to rezone the land in Stage 2 (2038 – 2048).

20. The structure plan also includes a staging plan which will determine which land is rezoned first and sets out a timeline for the rezoning of the remainder of the land. Three stages are proposed to align with the projected demand for industrial land and the provision of infrastructure.

21. Stage 1 is approximately 79ha and provides land for the period 2022 to 2038 (See Figure 3). To zone more land than this a key piece of transport infrastructure is required which is the Wilks Road Interchange. Two subsequent stages are identified beyond 2038. Monitoring of the uptake of the land will be required to determine the actual timing of the rezoning of the subsequent stages.

Figure 3 Staging plan

Response to Feedback

22. Two hundred pieces of feedback were received on the draft structure plan. The key themes raised in the feedback were as follows:

· support for industry/jobs but concern that the land use is limited to industry and a wider range of land uses was needed

· opposition to the staging – The feedback wanted to keep all of the area development ready by 2022 as in the Future Urban Land Supply Strategy

· opposition to heavy industry.

23. Following the close of the feedback period the Political Reference Group decided to delay the structure plan to enable Watercare to investigate alternative options for providing water and wastewater to the structure plan area and to further investigate infrastructure funding.

24. In terms of water and wastewater, the approach to delivering these to the structure plan area has changed from what was identified in the draft structure plan. The wastewater pipes to the structure plan area are being constructed in association with the Argent Lane /Pine Valley Road connection from Milldale to Dairy Flat Highway (see Figure 4). The network being constructed for Milldale has been upsized to accommodate the structure plan area. Water is also now being provided from a new water main from the Orewa 1 water main in Millwater across the proposed Highgate Bridge between Highgate Business Park east of the motorway and Milldale, through Milldale and across the new Weiti bridge and onto Dairy Flat Highway within the alignment of the Argent Lane/Pine Valley Road extension. This means that these services are now directly accessible to the structure plan area. Given this, alternative land uses to fund infrastructure are not considered necessary.

Figure 4 Water and Wastewater

25. The council also engaged Candor3, a company experienced in land development and geotechnical issues, to undertake an assessment of the suitability of the land in the Silverdale West area, ie north of Wilks Road, for light industrial activity. This area is steeper compared to the rest of the structure plan area. The results of this analysis show that, using typical land development techniques, it is possible to achieve acceptable gradients for roading and that reasonably flat building platforms can be created which are suitable for light industrial activities. The slope can be managed through structures, such as retaining walls or batters, which are commonly used in existing industrial areas such as Rosedale Road, Highgate and Highbrook.

26. The key changes to the structure plan in response to the feedback, and from further work since the draft, include:

· further (more detailed) explanation of the rationale for industrial land use in the structure plan area and that other types of business land will be provided in the wider Dairy Flat Future Urban zone to the south

· amendments to reflect the changes to the water and wastewater network and the timing of the construction of parts of the network

· addition of high-level infrastructure costs to demonstrate the large scale of the costs involved

· addition of a section on the impacts of the structure plan outcomes and the proposed land use on climate change

· amendments to realign the arterial road connecting Pine Valley Road with Argent Lane currently being constructed to connect to the Milldale Development.

27. Further information on the public consultation undertaken in March 2019 can be found in the Silverdale West Dairy Flat Industrial Area Structure Plan Engagement Summary on the Draft Structure Plan August 2019. In addition, once the structure plan is adopted, a report outlining how the matters raised in the feedback were dealt with (Silverdale West Dairy Flat Industrial Area Structure Plan: Response to Feedback Report April 2020) will be available on the council website.

Tauākī whakaaweawe āhuarangi

Climate impact statement

Green House Gas Emissions

28. In June 2019, Auckland Council declared a climate emergency. The climate implications of decisions, such as this structure plan, now need to be addressed. The Auckland Plan addresses climate change at length and recognises the challenges that need to be addressed as the city grows. The council is also preparing Auckland’s Climate Action Plan which is expected to be completed in 2020.

29. In the context of this structure plan, at a high level, the rezoning of greenfield land for industrial development will likely lead to an increase in the region’s greenhouse gas emissions. The act of changing land use from greenfield to industrial development will itself result in the loss of carbon from soils and vegetation currently present onsite, whilst construction materials used in the development will also have embodied carbon associated with its manufacture. The growth will result in increased traffic movements, which are currently Auckland’s largest single contribution to greenhouse gas emissions, and potentially industrial discharges depending on the type of industries that locate in the area. These industrial discharges could also include greenhouse gas emissions associated with onsite activities such as process heat generation, the majority of which is currently generated from fossil fuel sources.

30. However, there are several aspects of the structure plan that go towards mitigating the effects of emissions from vehicles and industrial process emissions. These include the following:

· provision of land for additional employment in the Hibiscus Coast area to help reduce trips for new and existing residents to employment

· provision for walking and cycling

· riparian vegetation planting

· a Rapid Transit Network and other public transport routes through the area.

Effect on Climate Change

31. The most likely impact on the change in land use proposed by the structure plan is the increase in extreme rainfall intensity and events which could result in greater flooding. This has been taken into account in the Stormwater Catchment Management Plan and the methods and design capacity of the stormwater system.

32. At the plan change stage there will be the opportunity to address some of these issues further as well as those such the opportunities for the efficient use of water and wastewater such as stormwater use and water recycling.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33. Watercare and Auckland Transport have representatives on the Silverdale West Dairy Flat Industrial Area Structure Plan project team and on the Structure Plan Steering Group.

34. The council’s structure plan team have worked closely with the Supporting Growth Alliance. This is a collaboration between the New Zealand Transport Agency, Auckland Transport, and Auckland Council. The purpose of the Supporting Growth Programme is to identify and protect the transport networks to support Auckland’s planned greenfield growth over the next 30 years.

35. The council’s Silverdale West Dairy Flat Industrial Area Structure Plan team has also been working with various internal council teams including Parks, Healthy Waters, and Community Facilities.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

36. The Rodney Local Board has been briefed a number of times during the project. The last briefing outlined the main feedback themes on the draft plan. The Rodney Local Board is supportive of the structure plan project and has not raised any significant concerns around the plan or process.

Tauākī whakaaweawe Māori

Māori impact statement

37. There has been ongoing engagement with interested iwi on the structure plan. Towards the beginning of the project a letter was sent out (September 2017) to numerous iwi informing them of the project and inviting further discussions. Of those contacted, Ngāti Manuhiri, Ngāti Rehua, Te Kawerau ā Maki, Te Rūnanga o Ngāti Whātua, and Ngāti Whanaunga all expressed interest in being involved in the structure plan process. A hui was held in November 2017, with representatives from Ngāti Manuhiri and Ngāti Rehua in attendance.

38. Among various ongoing communications, a Cultural Values Assessment (CVA) for Supporting Growth (Auckland Transport) in Silverdale, Dairy Flat and Wainui, prepared on behalf of Ngāti Manuhiri, was provided to the project team in March 2018. The CVA was prepared in response to Supporting Growth, rather than directly to the structure plan, however crossover elements were highlighted by Ngāti Manuhiri as being relevant to the structure plan project.

39. A draft interim response to the CVA was provided by the project team to Ngāti Manuhiri in November 2018. A further comment was received from Ngāti Manuhiri seeking that stock access to waterways be retired as soon as possible, and for there to be ongoing engagement in the project, and beyond the project (i.e. plan change, development stages). The CVA has informed the Structure Plan particularly in respect to protecting water quality.

40. The draft structure plan was provided to iwi prior to public notification. Feedback was received from Ngāti Manuhiri and Ngāti Whanaunga. There was broad support for many aspects of the structure plan. There were also several recommendations relating to ensuring stormwater quality is controlled in the Karepiro Bay and Long Bay-Okura Marine Reserve and that riparian margins are protected. Riparian margins are identified for protection in the structure plan and the catchment management addresses management of water quality.

41. Engagement with mana whenua will continue through the plan change process.

Ngā ritenga ā-pūtea

Financial implications

42. The adoption of the Silverdale West Dairy Flat Industrial Area Structure Plan has no direct significant implications for the council. However, the next stages of developing the structure plan area will include, in due course, a plan change to the Auckland Unitary Plan and the provision of various forms of infrastructure. The costs of a plan change will be met from the operating budget of the Plans and Places Department. The infrastructure identified in the structure plan will have implications for the budgets and long-term planning of various council departments that provide infrastructure (e.g. parks, community facilities) as well as Watercare and Auckland Transport.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43. There are not considered to be any significant risks in adopting the Silverdale West Dairy Flat Industrial Area Structure Plan. The structure plan is a non-statutory document and there is no opportunity for further input once it is adopted. The next stage of notifying a plan change under the RMA 1991 to implement parts of the structure plan will enable the concepts in the structure plan to be challenged through a submission and hearing process and possible appeals.

44. The plan does create public expectations that rezoning will occur soon, but that risk is an unavoidable consequence and can be mitigated with key messaging around staging.

Ngā koringa ā-muri

Next steps

45. Following the adoption of the Silverdale West Dairy Flat Industrial Area Structure Plan, its implementation starts with the preparation of a plan change to the Auckland Unitary Plan to change the current Future Urban zone to an industrial zone for the Stage 1 area. This will be done in stages as guided by the staging outlined in the structure plan. This work could commence when it is clear that the appropriate funding for infrastructure is confirmed.

46. The plan changes will be prepared in accordance with the first schedule of the Resource Management Act 1991 (RMA). During the plan change process more detailed matters will be determined and there will be opportunity for residents and other stakeholders to again have their say.

47. The implementation of the structure plan will also occur through various parts of council, Auckland Transport, Watercare and other organisations including the identified infrastructure projects in their long-term budgets.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Silverdale West Dairy Flat Industrial Area Structure Plan	55

Ngā kaihaina

Signatories

Author

Dave Paul - Principal Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

Stephen Town - Chief Executive

Governing Body

30 April 2020

PDF Creator

[1] Councillors Daniel Newman (Chair), Paul Young, Tracy Mulholland and Independent Māori Statutory Board Member Glenn Wilcox.

[2] Food Act 2014, section 39 template food control plans.

[3] Auckland’s temperature is expected to increase and seasonal distribution of rainfall to change. Auckland region climate change projections and impacts, National Institute of Water and Atmospheric Research (NIWA), 2018.

Mayor	Hon Phil Goff, CNZM, JP
Deputy Mayor	Deputy Mayor Cr Bill Cashmore
Councillors	Cr Josephine Bartley	Cr Richard Hills
	Cr Dr Cathy Casey	Cr Tracy Mulholland
	Cr Fa’anana Efeso Collins	Cr Daniel Newman, JP
	Cr Pippa Coom	Cr Greg Sayers
	Cr Linda Cooper, JP	Cr Desley Simpson, JP
	Cr Angela Dalton	Cr Sharon Stewart, QSM
	Cr Chris Darby	Cr Wayne Walker
	Cr Alf Filipaina	Cr John Watson
	Cr Christine Fletcher, QSO	Cr Paul Young
	Cr Shane Henderson