Minutes of Planning Committee

Planning Committee

03 December 2020

Resolution number PLA/2020/102

MOVED by Cr W Walker, seconded by Cr D Simpson:

That the Planning Committee:

a) accept the apologies from Cr R HIlls and Cr S Stewart for lateness, Mayor Goff and Cr E Collins for lateness and early departure, Cr L Cooper and IMSB Member T Hohneck for early departure, Cr P Coom for absence on council business, Cr J Bartley, Cr G Sayers, IMSB Member T Henare and IMSB Member L Ngamane for absence.

CARRIED

Electronic Attendance

Resolution number PLA/2020/103

MOVED by Cr P Young, seconded by Cr C Fletcher:

That the Planning Committee:

b) approve electronic attendance under Standing Order 3.3.3 for:

Cr E Collins

Cr D Newman

CARRIED

2 Declaration of Interest

There were no declarations of interest.

3 Confirmation of Minutes

Resolution number PLA/2020/104

MOVED by Cr C Darby, seconded by Cr W Walker:

That the Planning Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 5 November 2020, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

5.1	Public Input: Will McKenzie and Arvind Daji - Active Transport on the Auckland Harbour Bridge, Light Metro Mangere to City Centre and Waitematā Crossing Security
	A presentation was given in support of the item. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Cr E Collins left the meeting at 10.16 am.
	Resolution number PLA/2020/105 MOVED by Cr W Walker, seconded by Cr J Watson: That the Planning Committee: a) receive the public input from Will McKenzie and Arvind Daji regarding Active Transport on the Auckland Harbour Bridge, Light Metro Mangere to City Centre and Waitematā Crossing Security and thank them for attending. CARRIED
	Attachments a 3 December 2020, Planning Committee: Item 5.1 - Public Input: Will McKenzie and Arvind Daji - Active Transport on the Auckland Harbour Bridge, Light Metro Mangere to City Centre and Waitematā Crossing Security, Presentation

5.2

Public Input: Laurence Slee - Cockle Bay Residents and Ratepayers Association - Integrated Residential Developments in Single House Zones

IMSB Chair D Taipari entered the meeting at 10.21 am.

IMSB Member T Hohneck entered the meeting at 10.24 am.

Resolution number PLA/2020/106

MOVED by Cr D Simpson, seconded by Cr C Fletcher:

That the Planning Committee:

a) receive the input from Laurence Slee of the Cockle Bay Residents and Ratepayers Association on Integrated Residential Developments in Single House Zones and thank him for attending.

CARRIED

5.3

Public Input: Alan McDonald, Head of Advocacy and Strategy - Employers and Manufacturers Association - Congestion Question

IMSB Chair D Taipari left the meeting at 10.35 am.

Cr A Filipaina left the meeting at 10.39 am.

Resolution number PLA/2020/107

MOVED by Cr D Simpson, seconded by Cr T Mulholland:

That the Planning Committee:

a) receive the public input from Alan McDonald, Head of Advocacy and Strategy of the Employers and Manufacturers Association on the Congestion Question and thank him for attending.

CARRIED

6 Local Board Input

6.1	Local Board Input - Ōrākei Local Board - Integrated Residential Developments in Single House Zones
	A document was tabled in support of the item. Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachment.
	Resolution number PLA/2020/108 MOVED by Cr D Simpson, seconded by Cr S Henderson: That the Planning Committee: a) receive the Ōrākei Local Board input on Integrated Residential Developments in Single House Zones and thank Troy Churton for attending. CARRIED
	Attachments a 3 December 2020, Planning Committee: Item 6.1 - Local Board Input - Ōrākei Local Board - Integrated Residential Developments in Single House Zones, tabled document

7 Extraordinary Business

There was no extraordinary business.

Summary of Planning Committee information items and briefings (including the Forward Work Programme) - 3 December 2020

Resolution number PLA/2020/109

MOVED by Cr C Darby, seconded by Deputy Mayor BC Cashmore:

That the Planning Committee:

a) note the progress on the forward work programme appended as Attachment A of the agenda report

b) receive the Summary of Planning Committee information items and briefings – 3 December 2020.

CARRIED

Auckland Unitary Plan (Operative in Part) – Request to make operative Private Plan Change 30 (Pukekohe Park)

Resolution number PLA/2020/110

MOVED by Deputy Mayor BC Cashmore, seconded by Cr C Fletcher:

That the Planning Committee:

a) approve Private Plan Change 30 to the Auckland Unitary Plan (Operative in Part), under clause 17(2) of Schedule 1 of the Resource Management Act 1991, as it relates to the decision dated 3 September 2020 as identified in Attachment A of the agenda report

b) request staff to complete the necessary statutory processes to publicly notify the date on which the plan change becomes operative as soon as practicable, in accordance with the requirements in clause 20(2) of Schedule 1 of the Resource Management Act 1991.

CARRIED

Auckland Unitary Plan (Operative in Part) – Request to make operative Private Plan Change 37 (666 Great South Road, Ellerslie)

Resolution number PLA/2020/111

MOVED by Cr A Dalton, seconded by Cr T Mulholland:

That the Planning Committee:

a) approve Plan Change 37 (private) to the Auckland Unitary Plan (Operative in Part) that rezones 666 Great South Road from Business Park to Business - Mixed Use and other amendments to the Central Park Precinct, as identified in Attachment A of the agenda report.

b) request staff to complete the necessary statutory processes to publicly notify the date on which Plan Change 37 (private) to the Auckland Unitary Plan (Operative in Part) will become operative as soon as practicable.

CARRIED

Auckland Unitary Plan (Operative in Part) – Request to make operative Private Plan Change 38 (522-524 Swanson Road, Ranui)

Cr E Collins returned to the meeting at 10.49 am.

Resolution number PLA/2020/112

MOVED by Cr L Cooper, seconded by Cr S Henderson:

That the Planning Committee:

a) approve Private Plan Change 38 to the Auckland Unitary Plan (Operative in Part), under clause 17(2) of Schedule 1 of the Resource Management Act 1991, as shown in Attachment A of the agenda report

b) request staff to complete the necessary statutory processes to publicly notify the date on which the private plan change becomes operative as soon as practicable, in accordance with the requirements in clause 20(2) of Schedule 1 of the Resource Management Act 1991.

CARRIED

12	Auckland Unitary Plan (Operative in Part) – Proposed Open Space Plan Change (2020) and Other Rezoning Matters
	A document was tabled in support of the item. Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachment.
	IMSB Chair D Taipari returned to the meeting at 10.55 am. Cr A Filipaina returned to the meeting at 10.59 am.
	Note: amended wording of the original report recommendation clause c) was made by staff and agreed to by the meeting.
	Resolution number PLA/2020/113 MOVED by Deputy Mayor BC Cashmore, seconded by Cr A Dalton: That the Planning Committee: a) approve the notification of proposed Open Space Plan Change (2020) and Other Rezoning Matters to the Auckland Unitary Plan (Operative in Part) as outlined in Attachment A of the agenda report b) endorse the section 32 evaluation reports contained as Attachments B and C to the agenda report c) delegate to the Chair and Deputy Chair of the Planning Committee, Franklin ward councillor and a member of the Independent Māori Statutory Board, the authority to decide whether to include, with the most appropriate zone, the privately-owned land on Linwood Road, Kingseat Village (which is currently zoned open space) within the proposed Open Space Plan Change (2020) and to make minor amendments to the proposed plan change prior to public notification. CARRIED
	Attachments a 3 December 2020, Planning Committee: Item 12 - Auckland Unitary Plan (Operative in Part) – Proposed Open Space Plan Change (2020) and Other Rezoning Matters, tabled document

13	Auckland Unitary Plan (Operative in Part) – Consideration of a private plan change request for land at 473 Albany Highway, Albany
	A PowerPoint presentation was given. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Note: changes to the original recommendation, adding new clause d), were made with the agreement of the meeting.
	Resolution number PLA/2020/114 MOVED by Cr W Walker, seconded by Cr J Watson: That the Planning Committee: a) accept the private plan change request by Bei Group Limited relating to land at 473 Albany Highway, included as Attachment A, pursuant to clause 25(2)(b) of Schedule 1 of Resource Management Act 1991, for the following reasons: i) having regard to relevant case law the request does not meet the limited grounds for rejection under clause 25(4) because: A) it is not frivolous or vexatious B) the substance of the request has not been considered within the last two years C) a coarse-grain assessment of the request does not indicate that the private plan change is not in accordance with sound resource management practice D) a coarse-grain assessment does not indicate that the private plan change will make the Auckland Unitary Plan (Operative in Part) contrary to Part 5 of the Resource Management Act E) the provisions of the Auckland Unitary Plan (Operative in Part) subject to the private plan change request have been operative for at least two years ii) accepting the private plan change request enables the matters to be considered on their merits, during a public participatory planning process iii) it is more appropriate to accept the request than ‘adopt’ it or treat as a resource consent b) note that Auckland Transport has indicated it will be making a submission on the private plan change concerning transport impacts and the need to ensure good provision for walking, cycling and public transport c) delegate authority to the Manager Regional, North West and Islands Planning to undertake the required notification and other statutory processes associated with processing the private plan change request by Bei Group Limited pursuant to Schedule 1 of the Resource Management Act 1991. d) delegate authority to the Chair and Deputy Chair of the Planning Committee and a member of the Independent Māori Statutory Board to approve a council submission on the private plan change to address the matters raised in the agenda report and any other relevant matter CARRIED
	Attachments a 3 December 2020, Planning Committee: Item 13 - Auckland Unitary Plan (Operative in Part) – Consideration of a private plan change request for land at 473 Albany Highway, Albany, presentation

14	Auckland Unitary Plan - Review of the residential zone provisions
	A PowerPoint presentation was given. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	IMSB Chair D Taipari left the meeting at 11.23 am. Mayor P Goff entered the meeting at 11.30 am. IMSB Chair D Taipari returned to the meeting at 11.40 am. IMSB Member T Hohneck retired from the meeting at 11.44 am.
	Note: changes were made to the original recommendation adding a new clause b), with the agreement of the meeting.
	MOVED by Cr D Simpson, seconded by Cr W Walker: That the Planning Committee: a) endorse the preparation of a plan change to amend the Integrated Residential Development provisions in the Auckland Unitary Plan b) request that staff address the matters raised by the Orakei Local Board in relation to Integrated Residential Development provisions and report back to the Committee as part of the proposed plan change to amend those provisions in the Auckland Unitary Plan c) endorse the Chair and Deputy Chair of the Planning Committee, and the Chair and Deputy Chair of the Parks, Arts, Community and Events Committee advocating to central government for changes to the Building Act and other related legislation to address the issues relating to boarding houses discussed in the agenda report d) agree that a national approach is the preferred way to achieve regulatory changes to provide for universal design in residential development e) endorse the ongoing advocacy of the Mayor, the Chair of the Planning Committee and the Deputy Chair of the Planning Committee in seeking that central government introduces requirements for universal design into the Building Act and Building Code.
	The meeting adjourned at 11.48am and reconvened at 11.58am. Note: changes to the original motion, adding new clauses f) and g), were made with the agreement of the meeting.
	Resolution number PLA/2020/115 MOVED by Cr D Simpson, seconded by Cr W Walker: That the Planning Committee: a) endorse the preparation of a plan change to amend the Integrated Residential Development provisions in the Auckland Unitary Plan b) request that staff address the matters raised by the Orakei Local Board in relation to Integrated Residential Development provisions and report back to the Committee as part of the proposed plan change to amend those provisions in the Auckland Unitary Plan c) endorse the Chair and Deputy Chair of the Planning Committee, and the Chair and Deputy Chair of the Parks, Arts, Community and Events Committee advocating to central government for changes to the Building Act and other related legislation to address the issues relating to boarding houses discussed in the agenda report d) agree that a national approach is the preferred way to achieve regulatory changes to provide for universal design in residential development e) endorse the ongoing advocacy of the Mayor, the Chair of the Planning Committee and the Deputy Chair of the Planning Committee in seeking that central government introduces requirements for universal design into the Building Act and Building Code. f) Invite the Minister for Building and Construction to hear directly from the Planning Committee on the very real impact on Aucklanders’ lives from the inadequate legislative requirements for boarding house standards g) Invite the Minister for Housing to hear directly from the Planning Committee and Disability Advisory Panel on the very real impact on Aucklanders’ lives from the inadequate legislative requirements for universal access in residential houses. CARRIED
	Attachments a 3 December 2020, Planning Committee: Item 14 - Auckland Unitary Plan - Review of the residential zone provisions, Presentation

15	The Congestion Question: Findings from the project’s second phase
	A presentation was given in support of the item. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Note: changes were made to the original recommendation, amending clause c), with the agreement of the meeting. Note: new clauses e), f), g) and h),were incorporated as a Chair’s recommendations.
	Cr S Stewart entered the meeting at 12.22 pm. Cr R Hills entered the meeting at 12.25 pm. IMSB Chair D Taipari retired from the meeting at 12.36 pm. Cr D Newman left the meeting at 1.16 pm. Cr E Collins retired from the meeting at 1.07 pm. Cr D Newman returned to the meeting at 1.36 pm. Cr D Newman left the meeting at 1.47 pm.
	Resolution number PLA/2020/116 MOVED by Cr C Darby, seconded by Mayor P Goff: That the Planning Committee: a) note that phase two of The Congestion Question project is complete b) receive the findings from phase two of The Congestion Question project c) approve officers scoping the next phase of the project alongside officers from participating agencies, including Auckland Transport. d) note that officers will seek the committee’s approval of the scope before proceeding with the third phase of The Congestion Question project e) require that the scope provides a timeline and process for comprehensive public engagement, including targeted engagement with Māori, due to the critical importance of hearing from Aucklanders about the implications and options of congestion pricing before any decisions are finalised f) require that the potential social inequity impacts and the mitigation of any such impacts be fundamental to further considerations and the scope of the next phase of work g) requests quarterly progress reporting on the next phase of congestion pricing in Auckland h) urge the government to fully commit its agencies to progress the next phase of congestion pricing in Auckland, including provisional scheme design, for a final decision by Quarter Three 2021. CARRIED UNANIMOUSLY
	Attachments a 3 December 2020, Planning Committee: Item 15 - The Congestion Question: Findings from the project’s second phase, Presentation

16 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

17 Procedural motion to exclude the public

Resolution number PLA/2020/117

MOVED by Cr C Darby, seconded by Cr W Walker:

That the Planning Committee:

a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1 CONFIDENTIAL: Ōkura - options for development controls

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

In particular, the report discusses proceedings in the Environment Court and High Court that are currently on hold.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C2 CONFIDENTIAL: Downtown Carpark Design and Development Outcomes

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, matters to be discussed in relation to the item include commercial aspects of the council’s car parking operations.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

1.51pm The public was excluded.

Cr L Cooper retired from the meeting at 1.51pm.

Mayor P Goff retired the meeting at 1.51pm.

Cr A Dalton retired the meeting at 1.51pm.

Cr R Hills retired the meeting at 1.51pm.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

4.36pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

CONFIDENTIAL: Ōkura - options for development controls

Resolution number PLA/2020/119

MOVED by Cr T Mulholland, seconded by Cr A Filipaina:

That the Planning Committee:

c) agree that the decisions can be recorded in the open minutes of the meeting and the report and any attachments remain confidential until the reason for confidentiality no longer exists.

CONFIDENTIAL: Downtown Carpark Design and Development Outcomes

Resolution number PLA/2020/120

MOVED by Cr C Darby, seconded by Cr P Young:

That the Planning Committee:

d) agree that the decision only be restated in the open minutes, once any competitive market process for the redevelopment of the Downtown Carpark site is complete and that the report and any attachments remain confidential.

4.36 pm The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Planning Committee HELD ON

DATE:.........................................................................

CHAIRPERSON:........................................................

Chairperson	Cr Chris Darby
Members	Cr Dr Cathy Casey
	Deputy Mayor Cr Bill Cashmore
	Cr Fa’anana Efeso Collins	Via electronic link Until 1.07pm, Item 15
	Cr Linda Cooper, JP	Until 1.51pm
	Cr Angela Dalton	Until 1.51pm
	Cr Alf Filipaina
	Cr Christine Fletcher, QSO
	Mayor Hon Phil Goff, CNZM, JP	From 11.30am, Item 14 Until 1.51pm
	IMSB Member T Hohneck (alt)	From 10.24, Item 5.2 Until 11.44am, Item 14
	Cr Shane Henderson
	Cr Richard Hills	From 12.25pm, Item 15 Until 1.51pm
	Cr Tracy Mulholland
	Cr Daniel Newman, JP	Via electronic link Until 1.47pm, Item 15
	Cr Desley Simpson, JP
	Cr Sharon Stewart, QSM	From 12.22pm, Item 15
	IMSB Chair David Taipari (alt)	From 10.21am, Item 5.2 Until 12.36pm, Item 15
	Cr Wayne Walker
	Cr John Watson
	Cr Paul Young

Deputy Chairperson	Cr Josephine Bartley
Members	Cr Pippa Coom
	IMSB Member Hon Tau Henare
	IMSB Member Liane Ngamane
	Cr Greg Sayers

	Wayne Donnelly, Deputy Chair	Auckland Transport Board
	Shane Ellison, Chief Executive	Auckland Transport