Minutes of Planning Committee - Thursday, 4 August 2022

Planning Committee

04 August 2022

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

Member		Member
Cr C Darby	ü	Cr S Henderson	ü
Cr J Bartley		Cr R Hills	ü
Cr C Casey (apology)		Cr T Mulholland	ü
Deputy Mayor BC Cashmore	ü	Cr D Newman	ü
Cr E Collins		Cr G Sayers	ü
Cr P Coom	ü	Cr D Simpson	ü
Cr L Cooper	ü	Cr S Stewart	ü
Cr A Dalton	ü	Cr W Walker	ü
Cr A Filipaina	ü	Cr J Watson	ü
Cr C Fletcher	ü	IMSB Member K Wilson	ü
Mayor P Goff (apology)		IMSB Member G Wilcox (alternate)
IMSB Member T Henare (apology)		Cr P Young	ü

1 Apologies

Resolution number PLA/2022/87

MOVED by Cr C Darby, seconded by Cr R Hills:

That the Planning Committee:

a) accept the apologies for:

Absence

Cr C Casey
Mayor P Goff
IMSB Member T Henare

CARRIED

Note: Subsequently, an apology for lateness was received from Cr E Collins.

2 Declaration of Interest

Cr P Coom and Cr C Fletcher declared interests but had no conflict with Auckland Unitary Plan - Approval of Intensification Planning Instrument for Public.

IMSB Member G Wilcox joined the meeting at 10.08 am.

Cr J Bartley joined the meeting at 10.10 am.

3 Confirmation of Minutes

Resolution number PLA/2022/88

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

That the Planning Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 30 June 2022, including the confidential section, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

5.1	Public Input: Tim Adriaansen - reaching transport emissions targets
	Tim Adriaansen was present to speak with the committee. 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. Cr E Collins joined the meeting at 10.23 am.
	Note: changes were made to the original recommendation, adding new clause b), as a Chair’s recommendation.
	Resolution number PLA/2022/89 MOVED by Cr S Henderson, seconded by Cr R Hills: That the Planning Committee: a) receive the public input regarding reaching transport emission targets and thank Tim Adriaansen for attending the meeting b) refer the presentation to the Chief of Strategy and Auckland Transport’s chief executive for consideration. CARRIED
	Attachments a 4 August 2022, Planning Committee - Item 5.1 - Public Input: Tim Adriaansen - reaching transport emissions targets - presentation

6 Local Board Input

6.1	Manurewa Local Board Input - provision and protection of green space where intensification is planned
	Chair Joseph Allan was present to speak with the committee. 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.
	Resolution number PLA/2022/90 MOVED by Cr A Dalton, seconded by Cr C Fletcher: That the Planning Committee: a) receive the Manurewa Local Board input regarding provision and protection of green space where intensification is planned and thank Chair Joseph Allan for attending the meeting. CARRIED
	Attachments a 4 August 2022, Planning Committee - Item 6.1 – Manurewa Local Board Input - provision and protection of green space where intensification is planned - Presentation

7 Extraordinary Business

There was no extraordinary business.

Auckland Unitary Plan - Approval of Intensification Planning Instrument for Public Notification

Cr P Coom and Cr C Fletcher had declared an interest in this item, however, the meeting agreed there was no conflict.

A presentation was provided and documents tabled. Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.

Note: changes were incorporated, amending clause e) and adding new clause a) iii), as Chairperson’s recommendations.

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

That the Planning Committee:

Additional qualifying matters

a) endorse the following qualifying matters which are additional to those approved by the Planning Committee in resolution PLA/2022/84 (f)

i) Infrastructure – Water and/or Wastewater Constraints

ii) Infrastructure – Combined Wastewater Network Control

iii) Infrastructure – Stormwater Disposal Constraints Control

iii) Infrastructure – Beachlands Transport Control

iv) Open Space – Community zone

v) Māori Cultural Heritage - Pukekiwiriki Pā

vi) Māori Cultural Heritage - Pararēkau Island

vii) the various qualifying matters identified within Auckland Unitary Plan precincts set out in Attachment B of the agenda report.

Additional policy positions

b) endorse the following settlements as not having the Medium Density Residential Standards incorporated into their residential zones as they do not meet the definition of ‘relevant residential zone’ in section 2 of the Resource Management Act 1991 due to their population size in the 2018 census being less than 5,000, and the council does not intend these areas to be part of the urban environment:

Helensville, Clarks Beach, Glenbrook Beach, Karaka, Maraetai, Riverhead, Snells Beach - Algies Bay, Wellsford, Kingseat, Te Hana, Parakai, Matakana, Whitford, Waimauku, Patumahoe, Stillwater, Kawakawa Bay, Omaha, Point Wells, Waiwera, Clevedon, Okura and Kumeu-Huapai.

c) endorse the new Low Density Residential zone, which is to be applied to specific properties associated with the following qualifying matters:

i) neighbourhoods where the special character overlays are a qualifying matter

ii) coastal sites where there is the risk of coastal erosion

iii) sites that are subject to significant risks from natural hazards (such as flooding and/or coastal inundation)

iv) sites containing approximately 30 percent or more significant ecological areas (SEAs)

v) sites subject to outstanding natural features, outstanding natural landscapes and high natural character areas

vi) properties in the Waitakere Ranges Heritage Area Overlay that are within the Rural Urban Boundary.

Electricity distribution assets

d) note the matters raised in the agenda report relating to the recent request by Vector to apply a qualifying matter to its electricity distribution assets.

e) agree that should further work conclude that a Qualifying Matter is appropriate for electricity distribution assets, then such a Qualifying Matter be included in the Proposed Intensification Planning Instrument to be publicly notified by 20 August 2022.

Zoning and plan provisions made operative between 4 August and 18 August 2022

f) approve the inclusion of properties in the Proposed Intensification Planning Instrument, including any precincts, where the council will be making the zonings, provisions and/or precincts operative (or operative in part) between 4 August and 18 August 2022, as a result of council decisions on plan changes and/or appeals or legal proceedings having been resolved.

Approval of the Proposed Intensification Planning Instrument

g) approve for notification the Proposed Intensification Planning Instrument included as Attachments C1 (Text) and C2-C6 (Maps) to the agenda report, subject to any changes required to address any recommendations a) to f), having had particular regard to the section 32 report included as Attachments D1-D3 to the agenda report.

h) delegate to the Planning Committee Chair, Deputy Chair and a Member of the Independent Māori Statutory Board the authority to approve minor amendments to the approved Proposed Intensification Planning Instrument and to correct any errors or omissions prior to notification.

Variations to plan changes

i) approve for notification variations to the following plan changes included as Attachments E1, E3, E5, E7 and E9 to the agenda report, having had particular regard to the associated section evaluation 32 reports included as Attachments E2, E4, E6, E8 and E10 to the agenda report:

i) Private Plan Change 49 (Drury East Precinct)

ii) Private Plan Change 50 (Waihoehoe Precinct)

iii) Private Plan Change 59 (Albany 10 Precinct)

iv) Plan Change 60 (Open Space)

v) Private Plan Change 66 (Schnapper Rock Road).

j) delegate to the Planning Committee Chair, Deputy Chair and a Member of the Independent Māori Statutory Board the authority to approve amendments to the approved variations in recommendation i) based on feedback received from Mana Whenua, and to approve minor amendments and correct any errors and omissions prior to notification.

The meeting adjourned at 12.38pm and reconvened at 1.13pm.

Debate on the substantive motion commenced.

Resolution number PLA/2022/91

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

That the Planning Committee:

Additional qualifying matters

a) endorse the following qualifying matters which are additional to those approved by the Planning Committee in resolution PLA/2022/84 (f)

i) Infrastructure – Water and/or Wastewater Constraints

ii) Infrastructure – Combined Wastewater Network Control

iii) Infrastructure – Stormwater Disposal Constraints Control

iii) Infrastructure – Beachlands Transport Control

iv) Open Space – Community zone

v) Māori Cultural Heritage - Pukekiwiriki Pā

vi) Māori Cultural Heritage - Pararēkau Island

vii) the various qualifying matters identified within Auckland Unitary Plan precincts set out in Attachment B of the agenda report.

Additional policy positions

c) endorse the new Low Density Residential zone, which is to be applied to specific properties associated with the following qualifying matters:

i) neighbourhoods where the special character overlays are a qualifying matter

ii) coastal sites where there is the risk of coastal erosion

iii) sites that are subject to significant risks from natural hazards (such as flooding and/or coastal inundation)

iv) sites containing approximately 30 percent or more significant ecological areas (SEAs)

v) sites subject to outstanding natural features, outstanding natural landscapes and high natural character areas

vi) properties in the Waitakere Ranges Heritage Area Overlay that are within the Rural Urban Boundary.

Electricity distribution assets

d) note the matters raised in the agenda report relating to the recent request by Vector to apply a qualifying matter to its electricity distribution assets.

Zoning and plan provisions made operative between 4 August and 18 August 2022

Approval of the Proposed Intensification Planning Instrument

g) approve for notification the Proposed Intensification Planning Instrument included as Attachments C1 (Text) and C2-C6 (Maps) to the agenda report, subject to any changes required to address any recommendations a) to f), having had particular regard to the section 32 report included as Attachments D1-D3 to the agenda report.

h) delegate to the Planning Committee Chair, Deputy Chair and a Member of the Independent Māori Statutory Board the authority to approve minor amendments to the approved Proposed Intensification Planning Instrument and to correct any errors or omissions prior to notification.

Variations to plan changes

i) Private Plan Change 49 (Drury East Precinct)

ii) Private Plan Change 50 (Waihoehoe Precinct)

iii) Private Plan Change 59 (Albany 10 Precinct)

iv) Plan Change 60 (Open Space)

v) Private Plan Change 66 (Schnapper Rock Road).

j) delegate to the Planning Committee Chair, Deputy Chair and a Member of the Independent Māori Statutory Board the authority to approve amendments to the approved variations in recommendation i) based on feedback received from Mana Whenua, and to approve minor amendments and correct any errors and omissions prior to notification.

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

For

Cr J Bartley

Deputy Mayor BC Cashmore

Cr E Collins

Cr P Coom

Cr L Cooper

Cr A Dalton

Cr C Darby

Cr A Filipaina

IMSB Member G Wilcox

Cr S Henderson

Cr R Hills

Cr D Newman

IMSB Member K Wilson

Cr P Young

Against

Abstained

Cr C Fletcher

Cr T Mulholland

Cr G Sayers

Cr D Simpson

Cr S Stewart

Cr W Walker

Cr J Watson

The motion was declared carried by 14 votes to 0 with 7 abstentions.

CARRIED

Note: Under Standing Order 1.8.6, Cr S Henderson requested his dissenting vote be recorded against clause c) i).

Note: Under Standing Order 1.8.3, Cr S Henderson requested that his abstention be recorded against clause e).

Attachments

a 4 August 2022, Planning Committee - Item 8 – Auckland Unitary Plan - Approval of Intensification Planning Instrument for Public Notification - Presentation

b 4 August 2022, Planning Committee - Item 8 – Auckland Unitary Plan - Approval of Intensification Planning Instrument for Public Notification - s32 assessment economy matters

The meeting adjourned at 2.56pm and reconvened at 3.07pm

Cr W Walker and Cr P Young returned to the meeting via electronic link.

9	Auckland Unitary Plan - Proposed Plan Changes to accompany the Intensification Planning Instrument - Regional Policy Statement, Transport and Historic Heritage
	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.
	Resolution number PLA/2022/92 MOVED by Cr C Darby, seconded by Cr J Bartley: That the Planning Committee: a) approve the notification of Proposed Plan Change 79, which makes amendments to Chapter E27 Transport, Chapter E24 Lighting, Chapter E38 Subdivision – Urban, and Chapter M Appendices, included as Attachment A to the agenda report. b) approve the notification of Proposed Plan Change 80, which amends the Unitary Plan Regional Policy Statement to add references to well-functioning urban environment, resilience to the effects of climate change and qualifying matters, included as Attachment C to the agenda report. c) approve the notification of Proposed Plan Change 81, which makes additions to the Unitary Plan Schedule 14 Historic Heritage Schedule, Statements and Maps of the Unitary Plan, included as Attachments E, F, G and H to the agenda report d) approve the amendments to Proposed Plan Change 82, which amends the Unitary Plan Schedule 14 Historic Heritage Schedule, Statements and Maps of the Unitary Plan, included as Attachment J to the agenda report. e) endorse the section 32 evaluation reports for Proposed Plan Changes 79, 80, 81 and 82 included as Attachments B, D, I and K to the agenda report. f) delegate to the Planning Committee Chair, Deputy Chair and a Member of the Independent Māori Statutory Board the authority to approve minor amendments to the proposed plan changes, if required, in advance of public notification. CARRIED UNANIMOUSLY
	Attachments a 4 August 2022, Planning Committee - Item 9 – Auckland Unitary Plan - Proposed Plan Changes to accompany the Intensification Planning Instrument - Regional Policy Statement, Transport and Historic Heritage - Presentation

10	Auckland Unitary Plan Proposed Plan Change 83: Additions and Amendments to Schedule 10 - Notable Tree Schedule
	A document 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/2022/93 MOVED by Cr P Coom, seconded by Cr R Hills: That the Planning Committee: a) approve the notification of the proposed plan change to the Auckland Unitary Plan (Operative in Part) that includes the following additions and amendments to Schedule 10 - Notable Trees Schedule and Chapter D13 Notable Trees Overlay, included as Attachment A and B of the agenda report; i) the addition of 24 individual trees and four groups of trees to Schedule 10 ii) the introduction of an automatic update clause which will ensure the continued protection of notable trees where a site is subdivided, and will also pick up on trees that have been consented for removal and verified to have been physically removed iii) the amendment of a further 64 listings in the Schedule 10 Notable Trees Schedule to address inaccuracies/inconsistencies in the Schedule iv) the removal of 51 trees in the Schedule 10 Notable Trees Schedule where the trees are no longer present or their health has deteriorated considerably v) the removal of the text in Chapter D13.1 Background referring to diagrams in the Schedule 10 Notable Trees Schedule, which have been removed. b) approve the Section 32 evaluation report contained as Attachment C to the agenda report. c) delegate to the Chair and Deputy Chair of the Planning Committee and an Independent Māori Statutory Board Member the authority to review and approve the final schedule and make minor amendments to the proposed plan change prior to public notification. d) note the discontinuance of the Judicial Review proceedings by The Tree Council with respect to the 5 November 2020 Planning Committee resolutions. e) note that a further 125 notable tree nominations have been received from members of the public since November 2020. CARRIED UNANIMOUSLY
	Attachments a 4 August 2022, Planning Committee - Item 10 – Auckland Unitary Plan Proposed Plan Change 83: Additions and Amendments to Schedule 10 - Notable Tree Schedule – Notable tree map overlay additions and amendments

At 3.58pm, it was:

Extension of Meeting Time

Resolution number PLA/2022/94

MOVED by Cr C Darby, seconded by Cr L Cooper:

That the Planning Committee:

a) agree under Standing Order 1.1.3, an extension of time be granted, until the business of the agenda is complete.

CARRIED

11	Auckland's Future Development Strategy - strategic direction
	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.
	Cr S Henderson left the meeting at 4.24 pm.
	Resolution number PLA/2022/95 MOVED by Cr A Dalton, seconded by Cr J Bartley: That the Planning Committee: a) approve the strategic direction, based on the following principles, to guide development of a draft Future Development Strategy: i) Inclusion of Māori values and aspirations for urban development ii) Focusing growth (homes and jobs) within centres, nodes and corridors based on walkable catchments and access to high quality public transport iii) Reconsidering some future urban areas for development and avoiding urban expansion in rural areas iv) Emphasising quality aspects of the built and natural environment v) Protecting and enhancing the natural environment vi) Reducing greenhouse emissions and avoiding locations impacted by climate change vii) Making the best use of existing and planned infrastructure viii) Focusing on key economic places now and in the future ix) Protecting elite and prime soils. b) note that any proposed changes to the strategic direction, because of further developing the Future Development Strategy evidence base, will be worked through with the Planning Committee (or equivalent) in early 2023. CARRIED UNANIMOUSLY
	Attachments a 4 August 2022, Planning Committee - Item 11 – Auckland's Future Development Strategy - strategic direction – presentation

12	Auckland Unitary Plan - Direction to make zoning and height controls operative at Takapuna
	A document 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/2022/96 MOVED by Cr R Hills, seconded by Cr C Darby: That the Planning Committee: a) note that the zoning and height provisions for the sites at The Promenade and Lake Road (described fully in the agenda report) and shown in Attachment A to the agenda report will be deemed approved under s152(2) of the Local Government (Auckland Transitional Provisions) Act 2010, once the appeal period has expired and there are no appeals. b) request staff to complete the necessary statutory processes to publicly notify the date on which the zoning and heights of the sites at The Promenade and Lake Road (described fully in the agenda report) and shown in Attachment A to the agenda report are to become operative, in accordance with the requirements in clause 20 of Schedule 1 of the Resource Management Act 1991, provided no appeals are received on or before 8 August 2022. CARRIED
	Attachments a 4 August 2022, Planning Committee - Item 12 – Auckland Unitary Plan - Direction to make zoning and height controls operative at Takapuna – Belgiorno-Nettis v Independent Hearings Panel recall and consent orders

Auckland Unitary Plan – making operative provisions for land in Albany

Cr S Henderson returned to the meeting at 4.35 pm.
Cr L Cooper retired from the meeting at 4.35 pm.

Resolution number PLA/2022/97

MOVED by Cr J Watson, seconded by Cr C Fletcher:

That the Planning Committee:

a) request staff to complete the necessary statutory processes to publicly notify the date on which the zoning of the sites at 56 Fairview Avenue, 129 Oteha Valley Road, 131 Oteha Valley Road, and 135 Oteha Valley Road, Albany (described fully in the agenda report) are to become operative as soon as possible, in accordance with Schedule 1 of the Resource Management Act 1991.

CARRIED

Summary of Planning Committee information items and briefings (including the forward work programme) – 4 August 2022

Resolution number PLA/2022/98

MOVED by Cr J Bartley, seconded by Cr R Hills:

That the Planning Committee:

a) tuhi ā-taipitopito / note the progress on the forward work programme included as Attachment A of the agenda report.

b) whiwhi / receive the Summary of Planning Committee information items and briefings – 4 August 2022.

CARRIED

15 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

16 Procedural motion to exclude the public

Resolution number PLA/2022/99

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

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 Auckland Unitary Plan - Private Plan Change 67 - next steps

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 contains legal advice.

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 Auckland Unitary Plan - Private Plan Change 51 - next steps

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 contains legal advice.

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

Cr J Bartley retired from the meeting at 4.36pm.

Cr G Sayers retired from the meeting at 4.36pm.

4.36pm 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.

5.03pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

Auckland Unitary Plan - Private Plan Change 67 - next steps

Resolution number PLA/2022/100

MOVED by Cr D Newman, seconded by Cr A Dalton:

c) agree that the agenda report and attachment remain confidential, and that the resolutions be publicly restated within the next two weeks.

Auckland Unitary Plan - Private Plan Change 51 - next steps

Resolution number PLA/2022/101

MOVED by Deputy Mayor BC Cashmore, seconded by Cr A Filipaina:

d) agree that the agenda report and attachment remain confidential, and that the resolutions be publicly restated within the next two weeks.

5.03 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
Deputy Chair	Cr Josephine Bartley	From 10.10am, Item 2 Until 4.36pm
Members	Deputy Mayor Cr Bill Cashmore
	Cr Fa’anana Efeso Collins	Via electronic link From10.23, Item 5.1
	Cr Pippa Coom
	Cr Linda Cooper, JP	Until 4.35pm, Item 13
	Cr Angela Dalton
	Cr Alf Filipaina, MNZM
	Cr Christine Fletcher, QSO
	Cr Shane Henderson
	Cr Richard Hills
	Cr Tracy Mulholland	Via electronic link
	Cr Daniel Newman, JP	Via electronic link
	Cr Greg Sayers	Via electronic link Until 4.36pm
	Cr Desley Simpson, JP	Via electronic link
	Cr Sharon Stewart, QSM	Via electronic link
	Cr Wayne Walker
	Cr John Watson	Via electronic link
	IMSB Member Glenn Wilcox (alternate)	Via electronic link From 10.08am, Item 2
	IMSB Member Karen Wilson	Via electronic link
	Cr Paul Young