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Upper Harbour
Local Board
19 November
2020
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Local
board delegations to allow local views to be provided on matters relating to
the COVID-19 Recovery (Fast-track Consenting) Act 2020 and the Urban
Development Act
File No.: CP2020/17085
Te take mō te
pūrongo
Purpose of the report
1. That
the Upper Harbour Local Board appoints a local board member to:
· provide
formal local board feedback on applications proposed and being processed under
the COVID-19 Recovery (Fast-track Consenting) Act 2020
· represent
the local board at the Planning Committee political working party on the Urban
Development Act, as required.
Whakarāpopototanga matua
Executive summary
2. The
government has recently enacted two new pieces of legislation: the COVID-19
Recovery (Fast-track Consenting) Act 2020 and the Urban Development Act 2020.
3. The
COVID-19 Recovery (Fast-track Consenting) Act 2020 provides an alternative
resource consenting process to the usual process under the Resource Management
Act 1991. This process is designed to ‘fast-track’ resource consent
processes to enable development and infrastructure projects to commence more
quickly, to help support the economic recovery and create jobs. Resource
consent applications will be lodged directly with central government’s
Environmental Protection Authority.
4. The
Urban Development Act 2020 gives Kāinga Ora access to a series of
development powers and the ability to establish specified development projects.
Most of these powers can only be used within a specified development project
but some are also available for use in ‘business as usual’
developments that Kāinga Ora undertakes. Each of the powers has been
designed to address a specific barrier to development.
5. The
Planning Committee has delegated to the Chairperson and Deputy Chairperson of
the Planning Committee, in consultation with the Mayor’s Office, the
power to establish a political working group to provide political direction on
the execution of powers and functions under the Urban Development Act 2020.
Each political working group established will comprise of the Chairperson and
Deputy Chairperson of the Planning Committee, a member of the Independent
Māori Statutory Board, relevant ward councillor(s) and a representative of
relevant local board(s).
6. The
council can provide feedback on applications processed under both the COVID-19
Recovery (Fast-track Consenting) Act 2020 and the Urban Development Act 2020;
however, the timeframes are very short. To ensure that local boards can provide
feedback, it is proposed that each local board appoint one local board member
to provide formal local board views (feedback) on applications proposed and
being processed under the COVID-19 Recovery (Fast-track Consenting) Act 2020
and to represent the local board on any relevant political working party
established to give political direction on the execution of the council’s
powers under the Urban Development Act 2020.
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Ngā tūtohunga
Recommendation/s
That the Upper Harbour Local
Board:
a) delegate
to a member, with an alternate, the authority to provide the local board
views in respect of matters under the COVID-19 Recovery (Fast-track
Consenting) Act 2020, noting that given the timeframes under the Act, it is
not practicable for the matters to come before the full local board
b) appoint
a member, with an alternate, as the Upper Harbour Local Board representative
as required, on any political working group established (in accordance with
the Planning Committee’s resolution PLA/2020/79 on 1 October 2020), to
give political direction on the execution of the council’s powers under
the Urban Development Act 2020.
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Horopaki
Context
COVID-19 Recovery (Fast-track Consenting) Act 2020
7. In
May 2020, the government enacted the COVID-19 Recovery (Fast-track Consenting)
Act 2020 to fast-track the consenting of eligible development and
infrastructure projects as a major element of its COVID-19 rebuild plan. This
legislation commenced in July 2020 and will be repealed in July 2022.
8. The
COVID-19 Recovery (Fast-track Consenting) Act 2020 provides an alternative to
the usual resource consenting process under the Resource Management Act 1991
(RMA). This process is designed to ‘fast-track’ resource consenting
processes to enable development and infrastructure projects to commence more
quickly, help support the economic recovery and create jobs.
9. Some
infrastructure and development projects are listed in the COVID-19 (Fast-track
Consenting) Act 2020. In Auckland, the six listed projects are:
· Unitec
residential development
· Papakainga
development in Point Chevalier
· Britomart
Station eastern end upgrade
· Papakura
to Pukekohe rail electrification
· Northern
Pathway – Westhaven to Akoranga shared pathway
· Papakura
to Drury South State Highway 1 improvements.
10. Resource
consent applications for these listed projects are lodged directly with central
government’s Environmental Protection Authority (EPA). An expert panel is
formed for each application, to assess it and decide whether to approve or
decline it.
11. Additionally,
an applicant can request the Minister for the Environment to refer an
application to an expert panel, utilising the fast-track process. The COVID-19
(Fast-track Consenting) Act 2020 specifies a range of considerations for the
Minister, including:
· the
public good aspects of the application
· its
potential contribution to job creation and economic activity
· the
potential significance of any environmental effects
· whether
the consenting process under the COVID-19 (Fast-track Consenting) Act 2020 is
likely to be significantly faster than a usual RMA resource consent process.
12. The expert
panel must include one member who is nominated by Auckland Council. This will
be considered on a case by case basis, with the nominated member potentially
being a councillor, local board member, or council staff member. Decisions on
the nomination of the panel member will be made by the General Manager Resource
Consents or the General Manager Plans and Places where a Notice of Requirement
(designation) is involved. Discussion, including with the relevant local
board(s), will inform this decision.
13. There are two
opportunities for local boards to provide feedback in relation to resource
consents following the fast-track process. In both cases, the council has 10
working days to provide feedback:
· The
first opportunity is where the Minister for the Environment must consult with
Auckland Council when there are new applications proposed for the fast-track
process.
· The
second opportunity occurs when the panel invites comment on the application.
14. Staff will seek
formal feedback from the local board, and the local board will have four
working days to provide this feedback to the council’s project lead. The
feedback will be included as part of Auckland Council’s comment.
Urban Development Act 2020
15. The Urban Development
Act 2020 commenced on 7 August 2020. The Urban Development Act 2020 provides
for functions, powers, rights and duties of the Crown entity Kāinga Ora
– Homes and Communities, to enable it to undertake its urban development
functions.
16. This Act
gives Kāinga Ora access to a series of development powers and the ability
to establish specified development projects (Attachment A to the agenda
report). Most of these powers can only be used within a specified development
project but some are also available for use in ‘business as usual’
developments that Kāinga Ora undertakes. Each of the powers has been
designed to address a specific barrier to development. Not all powers will be
needed by every project.
17. This Act
confers powers and functions on Auckland Council such as indicating support for
the establishment of a specified development area and nominating a
representative to sit on an independent hearings panel for a specified
development project. The timeframes for carrying out these powers and functions
is tight, only 20 working days in some instances.
18. At its 1
October 2020 meeting, the Planning Committee (resolution number PLA/2020/79)
delegated to the Chairperson and Deputy Chairperson of the Planning Committee,
in consultation with the Mayor’s Office, the power to establish a
political working group to provide political direction on the execution of
powers and functions where staff advise that one or more of the following
criterial are met:
· The
development plan is inconsistent with the Auckland Unitary Plan and/or not
aligned with the outcomes in the Auckland Plan 2050.
· The
specified development area is out of sequence with the Auckland Plan
Development Strategy and Future Urban Land Supply Strategy.
· There
is insufficient infrastructure to support the development plan and/or
significant public infrastructure spend is required to support the project.
· There
are significant implications for the Parks Network Plans for the same location.
· There
is a significant impact on Auckland Council/council-controlled organisation
(CCO) and/or third-party infrastructure.
· There
is the potential for significant adverse environmental effects to occur.
19. Each
political working party will comprise of the Chairperson and Deputy Chairperson
of the Planning Committee, a member of the Independent Māori Statutory
Board, relevant ward councillor(s) and a representative of relevant local
board(s).
20. Attachment B to the agenda report sets out the steps involved in
setting up a specified development project. At the time of writing this local
board report, no specified development project areas have been proposed within
Auckland. Local boards will have the opportunity to provide feedback on
proposals administered under the Urban Development Act 2020, but it is likely
that any opportunities will have short timeframes.
Tātaritanga me ngā
tohutohu
Analysis and advice
COVID-19 Recovery (Fast-track Consenting) Act 2020 –
options considered
21. Local boards
normally provide their formal views at business meetings (option two in
Table 1). However, the timeframes under the COVID-19 Recovery (Fast-track
Consenting) Act 2020 make this mostly impossible to achieve. As local boards
will only have four working days to provide their views, it is recommended that
a delegation is provided to one local board member and one alternate (option
three in Table 1).
22. At the start
of the electoral term, local boards selected delegates to provide local board
views on resource consent notification and local board views on notified
resource consents. They may wish to delegate these responsibilities to the same
local board delegates and alternates.
Table 1: Options for local
boards to provide their formal views on applications proposed and administered under
the COVID-19 Recovery (Fast-track Consenting) Act 2020
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Options
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Pros
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Cons
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1. No formal local board views are provided.
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· Local board views will not be considered on
applications made under the COVID-19 Recovery (Fast-track Consenting) Act 2020.
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2. Formal local board views are provided at a
business meeting.
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· All local board members contribute to the local board
view.
· Provides transparent decision making.
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· Local board meeting schedules and agenda deadlines are
unlikely to align with statutory deadlines imposed by the planning process.
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3. Formal local board views are provided by
way of delegation to one local board member for all applications (preferred
option).
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· Nominated local board member is able to develop
expertise on the subject on behalf of the local board.
· Local boards can provide their views in a timely way
that meets statutory deadlines.
· Nominated local board member may informally obtain and
consider the views of other local board members.
· Any feedback can be reported back to the local board.
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· Decisions are not made by the full local board.
· Decisions made under delegation are not made at a
public meeting (decisions are made public once submitted via the planning
process).
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Urban Development Act 2020
23. Due to the
tight timeframes provided for under the Urban Development Act 2020, the
Planning Committee authorised a delegation to promptly establish a political
working group for proposed specified development projects. Because
establishment of each group will likely be required at pace, it is unlikely
that local boards will have time to select a representative at a business
meeting. It is therefore recommended, that the local board appoints one local
board member (and an alternate) to sit as the local board representative on any
relevant political working group convened to consider the council’s
position on Urban Development Act 2020 matters.
24. At the start
of the electoral term local boards selected delegates to provide local board
views on resource consent notification and local board views on notified
resource consents. They may wish to delegate these responsibilities to the same
local board delegates and alternates.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
25. The matters
raised in this report do not have any impact on climate change as they address
procedural matters.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
26. This report
recommends the delegation to and appointment of local board members to ensure
that the council can undertake its operational and statutory duties in a timely
manner, while receiving local board input on matters that are of local
importance.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
27. This report
seeks to appoint nominated board members to perform particular functions.
28. Any local
board member who is appointed as a nominated board member should ensure that
they represent the wider local board views and preferences on each matter
before them.
Tauākī whakaaweawe
Māori
Māori impact statement
29. A decision of
this procedural nature is not considered to have a positive or negative impact
for Māori.
Ngā ritenga
ā-pūtea
Financial implications
30. A decision of
this procedural nature is not considered to have financial implications on
Auckland Council.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
31. If local
boards choose not to delegate authority/appoint a representative to provide
views on matters relating to the COVID-19 Recovery (Fast-track Consenting) Act
2020 and the Urban Development Act 2020, there is a risk that they will not be
able to provide formal views within statutory timeframes and will miss the
opportunity to have their feedback considered.
Ngā koringa ā-muri
Next steps
32. Training for
local board members will be offered on the COVID-19 Recovery (Fast-track
Consenting) Act 2020 and the Urban Development Act 2020.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Summary of Powers available to Kāinga Ora
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11
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b⇩
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The Specified Development Project process
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13
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Ngā kaihaina
Signatories
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Author
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Carol Stewart - Senior Policy Advisor
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Authorisers
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Louise Mason - GM Local Board Services
Lesley Jenkins - Local Area Manager
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