Kōmiti Whakarite Mahere / Planning Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Planning Committee held remotely on Thursday, 2 September 2021 at 10.00am.

 

present

 

Chairperson

Cr Chris Darby

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Deputy Mayor Cr Bill Cashmore

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Pippa Coom

 

 

Cr Linda Cooper, JP

 

 

Cr Angela Dalton

 

 

Cr Alf Filipaina

 

 

Cr Christine Fletcher, QSO

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

IMSB Member Hon Tau Henare

 

 

Cr Shane Henderson

 

 

Cr Richard Hills

 

 

Cr Tracy Mulholland

 

 

Cr Daniel Newman, JP

 

 

Cr Greg Sayers

 

 

Cr Desley Simpson, JP

Until 5.05pm, Item C2

 

Cr Sharon Stewart, QSM

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

IMSB Member Karen Wilson

From 10.05am, Item 2
Until 4.17pm, Item C2

 

Cr Paul Young

 

 

 


Planning Committee

02 September 2021

 

 

 

Note:   a roll call was conducted that ascertained the following members were in attendance at the commencement of the meeting:

 

Cr Chris Darby

ü

Cr Shane Henderson

ü

Cr Josephine Bartley

ü

Cr Richard Hills

ü

Cr Dr Cathy Casey

ü

Cr Tracy Mulholland

ü

Deputy Mayor Cr Bill Cashmore

ü

Cr Daniel Newman, JP

ü

Cr Fa’anana Efeso Collins

ü

Cr Greg Sayers

ü

Cr Pippa Coom

ü

Cr Desley Simpson, JP

ü

Cr Linda Cooper, JP

ü

Cr Sharon Stewart, QSM

ü

Cr Angela Dalton

ü

Cr Wayne Walker

ü

Cr Alf Filipaina

ü

Cr John Watson

ü

Cr Christine Fletcher, QSO

ü

IMSB Member Karen Wilson

 

Mayor Hon Phil Goff, CNZM, JP

ü

Cr Paul Young

ü

IMSB Member Hon Tau Henare

ü

 

 

 

 

1          Apologies

 

Resolution number PLA/2021/101

MOVED by Cr C Darby, seconded by Cr J Bartley:  

That the Planning Committee:

a)          accept the apology from IMSB Member K Wilson for lateness.

CARRIED

Note:    Apologies were subsequently received from Cr D Simpson and IMSB Member K  Wilson for early departure.

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

IMSB Member K Wilson joined the meeting at 10.05 am.

 

 

3          Confirmation of Minutes

 

Resolution number PLA/2021/102

MOVED by Cr C Darby, seconded by Cr J Bartley:  

That the Planning Committee:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 5 August 2021, as a true and correct record.

CARRIED

 

 

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

 

 

7.1

Extraordinary Business - Covid-19 and West Auckland flooding update

 

Pursuant to Standing Order 2.4.6 and with the discretion of the chair, the meeting agreed to discuss the extraordinary business at this point in the meeting.

The reason the matter was not on the agenda and could not be delayed was that the flooding had taken place two days prior to the meeting and there is an ongoing council emergency response.

 

Resolution number PLA/2021/103

MOVED by Cr C Darby, seconded by Cr J Bartley:  

That the Planning Committee:

a)          receive a brief update from Mayor P Goff on flooding in West Auckland and COVID-19.

CARRIED

 

 

 

8

National Policy Statement on Urban Development - Removal of Carparking Minimums and Consequential Plan Changes

 

A presentation was provided. 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 clauses c) i) to c) v), and adding new clause e), with the agreement of the meeting.

 

MOVED by Cr C Darby, seconded by Cr A Dalton:  

That the Planning Committee:

a)      note that as a result of the National Policy Statement on Urban Development the Auckland Unitary Plan (Operative in part) and the Auckland Council District Plan (Hauraki Gulf Islands Section) will have car parking minimum requirements deleted by the end of February 2022.

b)      endorse the development of a plan change to the Auckland Unitary Plan (Operative in part) and a plan change to the Auckland District Plan (Hauraki Gulf Islands Section) to address consequential technical amendments to provide clarity and consistency within the plans and ensure that the effects of car parking (where developers choose to provide it) can still be addressed.

c)       endorse the investigation of the following matters through amendments to the Auckland Unitary Plan (Operative in part) and/or the Auckland Council District Plan (Hauraki Gulf Islands Section), or other means in order to mitigate possible poor development outcomes as a result of the removal of carparking minimums:

i)       provision of accessible parking

ii)       the design of private pedestrian and bicycle / micro-mobility access where no vehicle access is proposed

iii)      provision of on-site bicycle / micro-mobility access and parking including where no vehicle access is proposed

iv)      where parking is proposed, the provision of electricity connections that enable installation of compliant smart electric vehicle chargers

v)      provision of on-site pick-up and drop-off/loading facilities and access for emergency services where no vehicle access is proposed. 

d)      request staff report the findings of the investigation referred to in clause c) back to the Planning Committee for further consideration.

e)      note the consequences to communities who drive by necessity, not choice, because of current public transport inequality.

f)       delegate to the Chair and Deputy Chair of the Planning Committee and a member of the Independent Māori Statutory Board authority to approve the consequential technical plan change for public notification if the wider investigation referred to in clause c) requires a longer timeframe than the consequential technical changes referred to in clause b).

 

The meeting adjourned at 12.19pm and reconvened at 12.25pm.

 

Note:   debate on the motion continued.

 

Resolution number PLA/2021/104

MOVED by Cr C Darby, seconded by Cr A Dalton:  

That the Planning Committee:

a)      note that as a result of the National Policy Statement on Urban Development the Auckland Unitary Plan (Operative in part) and the Auckland Council District Plan (Hauraki Gulf Islands Section) will have car parking minimum requirements deleted by the end of February 2022.

b)      endorse the development of a plan change to the Auckland Unitary Plan (Operative in part) and a plan change to the Auckland District Plan (Hauraki Gulf Islands Section) to address consequential technical amendments to provide clarity and consistency within the plans and ensure that the effects of car parking (where developers choose to provide it) can still be addressed.

c)      endorse the investigation of the following matters through amendments to the Auckland Unitary Plan (Operative in part) and/or the Auckland Council District Plan (Hauraki Gulf Islands Section), or other means in order to mitigate possible poor development outcomes as a result of the removal of carparking minimums:

i)       provision of accessible parking

ii)      the design of private pedestrian and bicycle / micro-mobility access where no vehicle access is proposed

iii)     provision of on-site bicycle / micro-mobility access and parking including where no vehicle access is proposed

iv)     where parking is proposed, the provision of electricity connections that enable installation of compliant smart electric vehicle chargers

v)      provision of on-site pick-up and drop-off/loading facilities and access for emergency services where no vehicle access is proposed.

d)      request staff report the findings of the investigation referred to in clause c) back to the Planning Committee for further consideration.

e)      note the consequences to communities who drive by necessity, not choice, because of current public transport inequity and recognise that equity of service and choice for communities is an active outcome in all of council's policy work, including parking, transport, land-use, climate, water and housing.

f)       delegate to the Chair and Deputy Chair of the Planning Committee and a member of the Independent Māori Statutory Board authority to approve the consequential technical plan change for public notification if the wider investigation referred to in clause c) requires a longer timeframe than the consequential technical changes referred to in clause b).

A division was called for, voting on which was as follows:

For

Cr J Bartley

Cr C Casey

Deputy Mayor BC Cashmore

Cr E Collins

Cr P Coom

Cr L Cooper

Cr A Dalton

Cr C Darby

Cr A Filipaina

Mayor P Goff

Cr S Henderson

Cr R Hills

Cr T Mulholland

Cr D Newman

Cr D Simpson

Cr P Young

Against

Cr C Fletcher

Cr G Sayers

Cr S Stewart

Cr W Walker

Cr J Watson

Abstained

IMSB Member T Henare

IMSB Member K Wilson

 

The motion was declared carried by 16 votes to 5.

CARRIED

 

Note:   Pursuant to Standing Order 1.8.3, the following councillors requested that their abstention for clause b,) be recorded:

·        Cr D Newman

·        Cr D Simpson

 

Attachments

a     2 September 2021, Planning Committee: Item 8, National Policy Statement on Urban Development - Removal of Carparking Minimums and Consequential Plan Changes, presentation

 


 

 

 

9

Summary of Planning Committee information items and briefings (including the forward work programme) – 2 September 2021

 

A memo providing an update on Queen Street was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Resolution number PLA/2021/105

MOVED by Cr C Darby, seconded by Cr J Bartley:  

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 – 2 September 2021.

CARRIED

 

Attachments

a     2 September 2021, Planning Committee: Item 9, Summary of Planning Committee information items and briefings (including the forward work programme), 1 September Memo Update on the Wai Horotiu Queen Street Project

 

 

 

10        Consideration of Extraordinary Items

 

An extraordinary item was considered earlier in the meeting under Item 7 - Extraordinary Business.

 

 

 

11        Procedural motion to exclude the public

MOVED by Cr C Darby, seconded by Cr J Bartley:  

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:  Sites of Significance to Mana Whenua - Tranche 2 Plan Change Investigation

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)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

In particular, the report contains mana whenua mātauranga (tribal knowledge) and names particular sites of cultural significance within the Auckland region. These site names and locations have been provided by mana whenua to the council project team in confidence and the ongoing supply of similar information to council is reliant on maintaining this relationship of confidence, until such time as any proposed plan change is endorsed by mana whenua and ready to publicly notify.

The public release of the nominated sites ahead of detailed investigation could result in activities being undertaken on privately owned sites that might compromise their Māori cultural values, thereby diminishing their heritage value to the public and the relationship between Māori and their ancestral lands.

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:  Auckland Light Rail update

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)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

In particular, 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.

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.

 

Note:    Debate began on whether Item C2 - CONFIDENTIAL: Auckland Light Rail update should be held in the confidential section of the meeting.

Closure Motion

Resolution number PLA/2021/106

MOVED by Cr L Cooper, seconded by Cr A Filipaina:  

That the Planning Committee:

a)         agree that under Standing Order 1.6.7, the motion now under debate, be put to the vote.

A division was called for, voting on which was as follows:

For

Cr J Bartley

Cr C Casey

Deputy Mayor BC Cashmore

Cr E Collins

Cr P Coom

Cr L Cooper

Cr A Dalton

Cr C Darby

Cr A Filipaina

Mayor P Goff

IMSB Member T Henare

Cr S Henderson

Cr R Hills

Cr T Mulholland

Cr D Newman

IMSB Member K Wilson

Against

Cr C Fletcher

Cr G Sayers

Cr D Simpson

Cr S Stewart

Cr W Walker

Cr J Watson

Cr P Young

Abstained

 

The motion was declared carried by 16 votes to 7.

CARRIED

Note:   The substantive motion was put.

 

Resolution number PLA/2021/107

MOVED by Cr C Darby, seconded by Cr J Bartley:  

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:  Sites of Significance to Mana Whenua - Tranche 2 Plan Change Investigation

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)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

s7(2)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

In particular, the report contains mana whenua mātauranga (tribal knowledge) and names particular sites of cultural significance within the Auckland region. These site names and locations have been provided by mana whenua to the council project team in confidence and the ongoing supply of similar information to council is reliant on maintaining this relationship of confidence, until such time as any proposed plan change is endorsed by mana whenua and ready to publicly notify.

The public release of the nominated sites ahead of detailed investigation could result in activities being undertaken on privately owned sites that might compromise their Māori cultural values, thereby diminishing their heritage value to the public and the relationship between Māori and their ancestral lands.

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: Auckland Light Rail update

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)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

In particular, 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.

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

Note:   Pursuant to Standing Order 1.8.6, the following councillors requested that their dissenting votes be recorded against the inclusion of Item C2 - CONFIDENTIAL Auckland Light Rail update:

·        Cr C Fletcher

·        Cr G Sayers

·        Cr D Simpson

·        Cr S Stewart

·        Cr W Walker

·        Cr J Watson

 

 

1.33pm            The public was excluded.

 

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

 

5.10pm            The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

C1

CONFIDENTIAL:  Sites of Significance to Mana Whenua - Tranche 2 Plan Change Investigation

 

Resolution number PLA/2021/108

MOVED by Cr J Bartley, seconded by Cr A Dalton:  

c)       agree that the report and decisions will remain confidential until any plan changes arising from the investigation are notified.

 

 

C2

CONFIDENTIAL:  Auckland Light Rail update

 

Resolution number PLA/2021/109

MOVED by Cr C Darby, seconded by Mayor P Goff:

k)       agree that the report and decisions remain confidential until Cabinet has publicly released its decision on the Indicative Business Case, including route, mode and delivery entity.

 

 

5.10 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:.......................................................