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Regulatory
Committee
06 Jul 2021
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1 Apologies
2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
There was no local
board input.
7 Extraordinary
Business
There was no
extraordinary business.
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10
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Objection to public stormwater extension and
connection across accessway serving 29A Seaview Road Castor Bay
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The hearing commenced at 2.04pm in relation to the objection by
the owners of 29 Seaview Road, Castor Bay, pursuant to section 460 of the
Local Government Act 1974.
Andrew
Nell, on behalf of the applicant, addressed the committee and responded to
questions from the committee. A PowerPoint presentation was provided in
support. A copy has been placed on the official minutes and is available on
the Auckland Council website as a minutes attachment.
Celia Mearns
and Ian Harris, owners, 1/29A Seaview Road, Castor Bay, were in attendance
and spoke to their objection to the wastewater connection and responded to
questions from the committee. A letter from Huanlian Chen was tabled.
Mr Cedric
Daniel, Auckland Council’s Senior Development Engineer responded to
questions from the committee.
Richard Yang,
on behalf of Lei Zhang and Na Na Zhang, responded to matters raised during
the hearing.
The hearing
concluded at 2.34pm.
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Attachments
a 6 July 2021, Regulatory Committee, Item 10 - Objection
to public stormwater extension and connection across accessway serving 29
Seaview Road Castor Bay - PowerPoint presentation
b 6 July 2021, Regulatory Committee, Item 10 -
Objection to public stormwater extension and connection across accessway
serving 29 Seaview Road Castor Bay - letter from objector
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11
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Objection to stormwater works at 22A Stanley
Avenue, Milford
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Note: This item was
withdrawn.
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Public Excluded
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Resolution
number REG/2021/45
MOVED by Cr L Cooper, seconded by Cr P Young:
That the Regulatory 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:
10 Objection
to public stormwater extension and connection across accessway serving 29A
Seaview Road Castor Bay
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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s7(2)(i) - The withholding of the
information is necessary to
enable the local authority to
carry on, without prejudice or
disadvantage, negotiations
(including commercial and
industrial negotiations)
In particular, the deliberations
of the decision could
compromise the council in
undertaking without prejudice
negotiations of this objection
pursuant to Section 460 of the Local Government Act 1974
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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.
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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
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2.35pm The
public was excluded.
Resolutions
in relation to the confidential items are recorded in the confidential section
of these minutes and will be publicly available in the open minutes.
2.39pm The
public was re-admitted.
RESTATEMENTS
It was resolved while the public
was excluded:
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10
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Objection to public stormwater extension and connection
across accessway serving 29A Seaview Road Castor Bay
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Resolution
number REG/2021/46
MOVED
by Cr L Cooper, seconded by Cr S Henderson:
That the Regulatory Committee:
a) hear
and determine the objections by the owners of 29A
Seaview Road Castor Bay (Lot 2 DP 44774), pursuant to section 460 of the
Local Government Act 1974.
b) resolve,
subject to the hearing of the objection, under section 460(1) of the Local
Government Act 1974 that the proposed stormwater connection across accessway
for 29A Seaview Road, is the only practical route as shown on AR & Associates
Ltd engineers drawing “Proposed Stormwater Plan” P18-036 revision
B sheet 400.
Restatement
c) agree
that the matter remain confidential until the conclusion of the hearing and
then be restated in the open minutes.
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Reason for decision:
The objectors did not provide
any evidence to contradict the Applicant’s evidence that the proposed
stormwater connection across the accessway for 29A Seaview Road is not the
only practical route. The objectors’ evidence focussed on the
potential for consequential damage as a result of works or later failure of
the stormwater system. Auckland Council will be responsible for the
works and reinstating the site if any damage occurs. Damage is unlikely
given the works involve approximately 8m of directional drilling well below
the driveway surface. Once the drain vests as a Council asset, Council
will be responsible for maintenance of the drain.
Alternative options investigated by the Applicant required
pumping which is a last resort under the Council’s Stormwater Code of
Practice or required access through six separate properties with higher
construction and maintenance costs.
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12 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
2.40pm 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 Regulatory Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
