Kōmiti Whakarite Mahere / Planning Committee

OPEN MINUTES

Minutes of a meeting of the Planning Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 1 September 2022 at 10.01am.

present

Chairperson	Cr Chris Darby
Deputy Chairperson	Cr Josephine Bartley	via electronic link
Members	Cr Dr Cathy Casey	via electronic link
	Deputy Mayor Cr Bill Cashmore
	Cr Fa’anana Efeso Collins	via electronic link
	Cr Pippa Coom
	Cr Linda Cooper, JP	until 12.20 pm
	Cr Angela Dalton	via electronic link
	Cr Christine Fletcher, QSO	via electronic link
	Cr Shane Henderson	via electronic link
	Cr Richard Hills	via electronic link until 11.57am, Item 10
	Cr Tracy Mulholland	via electronic link
	Cr Daniel Newman, JP	via electronic link until 12.14pm
	Cr Greg Sayers	via electronic link
	Cr Desley Simpson, JP	via electronic link
	Cr Sharon Stewart, QSM	via electronic link
	Cr Wayne Walker	Via electronic link from 11.07, Item 6.3
	Cr John Watson	via electronic link until 12.14pm
	IMSB Member Karen Wilson	via electronic link
	Cr Paul Young

ABSENT

Mayor Phil Goff

Cr Alf Filipaina, MNZM

IMSB Member Tau Henare

ALSO PRESENT

Julie Fairey, Chair	Puketāpapa Local Board
Harry Doig, Member	Puketāpapa Local Board
Margi Watson, Chair	Albert-Eden Local Board
Nick Bakulich, Chair	Mangere-Ōtahuhu Local Board
Apulu Reece Autagavaia, Chair	Ōtara-Papatoetoe Local Board
Dawn Trenberth	Ōtara-Papatoetoe Local Board
Christine O’Brien	Mangere-Ōtahuhu Local Board

Planning Committee 01 September 2022

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

Member		Member
Cr C Darby	ü	Cr S Henderson	ü
Cr J Bartley	ü	Cr R Hills	ü
Cr C Casey	ü	Cr T Mulholland	ü
Deputy Mayor BC Cashmore	ü	Cr D Newman	ü
Cr E Collins	ü	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
Cr A Filipaina - apology		Cr J Watson	ü
Cr C Fletcher	ü	IMSB Member K Wilson	ü
Mayor P Goff - apology		Cr P Young	ü
IMSB Member T Henare - apology

1          Apologies

Resolution number PLA/2022/102

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

That the Planning Committee:

a) accept the apologies from:

Absence

Mayor P Goff
Cr A Filipaina
IMSB Member T Henare

Early Departure

Cr R Hills, on council business
Cr E Collins

CARRIED

Note:   Subsequently, an apology for lateness was received from Cr W Walker.

2          Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number PLA/2022/103

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

That the Planning Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 4 August 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: Extinction Rebellion Tamaki Makaurau - the Auckland geography of climate threats and their social implications
	A PowerPoint 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.
	Resolution number PLA/2022/104 MOVED by Cr R Hills, seconded by Cr P Coom: That the Planning Committee: a) whiwhi / receive the public input regarding the Auckland geography of climate threats and their social implications b) whakamihi / thank Dr Mairi Jay from Extinction Rebellion Tāmaki Makaurau for attending the meeting. CARRIED
	Attachments a     1 September 2022, Planning Committee:  Item 5.1 - Public Input: Extinction Rebellion Tamaki Makaurau - the Auckland geography of climate threats and their social implications, Presentation

5.2	Public Input:  Upper Waitemata Ecology Network as the Waterways - Need for a blue-green spatial network plan for Whenuapai Future Urban Zone
	A PowerPoint presentation was given in support of the item and background information had been circulated prior to the meeting.  Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.
	Resolution number PLA/2022/105 MOVED by Cr J Watson, seconded by Cr L Cooper: That the Planning Committee: a) whiwhi / receive the public input regarding the need for a blue-green spatial network plan for Whenuapai Future Urban Zone b) whakamihi / thank Charissa Snijders from Upper Waitemata Ecology Network as the Waterways for attending the meeting. CARRIED
	Attachments a     1 September 2022, Planning Committee:  Item 5.2 - Public Input:  Upper Waitemata Ecology Network as the Waterways - Need for a blue-green spatial network plan for Whenuapai Future Urban Zone, Presentation b     1 September 2022, Planning Committee:  Item 5.2 - Public Input:  Upper Waitemata Ecology Network as the Waterways - Need for a blue-green spatial network plan for Whenuapai Future Urban Zone, Background Information

6          Local Board Input

Items 6.1 - Local Board Input: Puketapapa Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards and 6.2 - Local Board Input: Albert-Eden Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards were taken together.

6.1	Local Board Input: Puketapapa Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards
	Resolution number PLA/2022/106 MOVED by Cr C Casey, seconded by Cr C Fletcher: That the Planning Committee: a)      whiwhi / receive the Puketāpapa Local Board input regarding the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards b)      whakamihi / thank local board Chair Julie Fairey and Member Harry Doig for attending the meeting. CARRIED

6.2	Local Board Input: Albert-Eden Local Board - Area Plan for parts of Puketapapa and Albert-Eden Local Boards
	Resolution number PLA/2022/107 MOVED by Cr C Casey, seconded by Cr C Fletcher: That the Planning Committee: a)      whiwhi / receive the Albert-Eden Local Board input regarding the Area Plan for parts of the Puketāpapa and Albert-Eden Local Boards b)      whakamihi / thank local board Chair Margi Watson for attending the meeting. CARRIED

6.3	Local Board Input: Mangere-Ōtahuhu Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022
	Cr W Walker joined the meeting at 11.07 am.
	Resolution number PLA/2022/108 MOVED by Cr L Cooper, seconded by Cr P Young: That the Planning Committee: a)      whiwhi / receive the Mangere-Ōtahuhu Local Board input regarding the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022 b)      whakamihi / thank local board Chair Nick Bakulich for attending the meeting. CARRIED

6.4	Local Board Input: Ōtara-Papatoetoe Local Board - Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022
	Resolution number PLA/2022/109 MOVED by Cr L Cooper, seconded by Cr P Young: That the Planning Committee: a)      whiwhi / receive the Ōtara-Papatoetoe Local Board input regarding the Endorsement of Mangere-Otahuhu Area Plan Update 2022 and Otara-Papatoetoe Area Plan Middlemore Addendum 2022 b)      whakamihi / thank local board Chair Apulu Reece Autagavaia for attending the meeting. CARRIED

7          Extraordinary Business

There was no extraordinary business.

8	Endorsement of the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards
	Cr E Collins left the meeting at 11.38am.
	Note:   changes to the original motion were incorporated, amending clause a) and adding a new clause c), with the agreement of the meeting.
	Resolution number PLA/2022/110 MOVED by Cr C Casey, seconded by IMSB Member K Wilson: That the Planning Committee: a)      endorse the Area Plan for parts of Puketāpapa and Albert-Eden Local Boards shown in Attachment A of the agenda report, subject to further consideration if mana whenua are uncomfortable with the definition and use of cultural landscapes as defined. b)      delegate authority to the Manager Central and South Planning to approve minor editorial changes to the plan, if necessary, prior to publication. c) delegate authority to the Chief Executive of Auckland Council to approve amendments to the Area Plan relating to how the content referred to as cultural landscapes is described. CARRIED UNANIMOUSLY

Meeting adjourned at 11.38am and reconvened at 11.50am.

Cr E Collins was not present.

9	Endorsement of Māngere-Ōtāhuhu Area Plan Update 2022 and Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022
	Note:   changes to the original motion were incorporated, amending clause a) and adding a new clause c), with the agreement of the meeting.
	Resolution number PLA/2022/111 MOVED by Cr P Young, seconded by Cr C Darby: That the Planning Committee: a) endorse the Māngere-Ōtāhuhu Area Plan Update 2022 as shown in Attachment A of the agenda report , subject to further consideration if mana whenua are uncomfortable with the definition and use of cultural landscapes as defined. b) endorse the Ōtara-Papatoetoe Area Plan Middlemore Addendum 2022 as shown in Attachment B of the agenda report subject to further consideration if mana whenua are uncomfortable with the definition and use of cultural landscapes as defined. c) delegate authority to the Chief Executive of Auckland Council to approve amendments to the Area Plan relating to how the content referred to as cultural landscapes is described. CARRIED UNANIMOUSLY

10	Auckland Unitary Plan (Operative in Part) - Private Plan Change Request from Taste Business Investment Trust Limited to rezone land at 41 - 43 Brigham Creek Road, Whenuapai
	A PowerPoint 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, adding new clause d), as a chairperson’s recommendation.
	Cr R Hills left the meeting at 11.57am. Cr E Collins returned to the meeting at 11.58am.
	Resolution number PLA/2022/112 MOVED by Cr L Cooper, seconded by Cr C Darby: That the Planning Committee: a)      exercise its discretion under clause 35(2) of Schedule 12 of the RMA to accept the plan change, as this clause provides that despite clause 25(4A) of Schedule 1, a specified territorial authority may accept or adopt the request and incorporate the Medium Density Residential Standards for the new residential zone through the Intensification Planning Instrument. b)      accept the private plan change application by Taste Business Investment Trust Limited for 41 – 43 Brigham Creek Road, included as Attachments A and B to the agenda report, pursuant to clause 25(2)(b) of Schedule 1 to the Resource Management Act 1991 for the following reasons: i)       accepting the private plan change request will enable a range of matters (in particular, infrastructure funding) to be considered on their merits during a statutory process. ii)      it is inappropriate for council to adopt the private plan change as its own. iii)     the grounds to reject a private plan change request under clause 25(4) are limited and, having regard to relevant case law: A) the request is not frivolous. B) the request is not vexatious and the applicant is not acting in bad faith by lodging the private plan change request. C) the substance of the request has not been considered within the last two years. D) due to the lack of funding available for the infrastructure required to support development in the Whenuapai area (in particular transport infrastructure), a coarse-grain assessment of the request indicates this aspect of the private plan change may not be in accordance with sound resource management practice. However, as more detailed information relating to the cost of the required infrastructure is needed, and there remains a prospect that a funding solution can be found during the processing of the request, it is not recommended that the council rejects the private plan change request on this ground. E) a coarse-grain assessment does not indicate that the private plan change will make the Auckland Unitary Plan contrary to Part 5 of the Resource Management Act 1991. F) the provisions of the Auckland Unitary Plan subject to the private plan change request have been operative for at least two years. iv)     it is not appropriate to process the private plan change as if it was a resource consent application as the request seeks to rezone a substantial area of land for development over a period of time rather than undertaking a single development project. c)      delegate authority to the Manager Planning North West and Islands to undertake the required notification and other statutory processes associated with processing the private plan change request by Taste Business Investment Trust Limited pursuant to Schedule 1 of the Resource Management Act 1991. d) delegate authority to the Chief Executive of Auckland Council to approve a council submission: i)       seeking to have the private plan change declined unless council’s concerns around infrastructure funding, financing and delivery are addressed, and any other relevant matter, and ii)      in the event that the council’s concerns around infrastructure funding, financing and delivery, and any other relevant matter can be addressed, that the private plan change be approved with modifications. CARRIED
	Attachments a     1 September 2022, Planning Committee:  Item 10 - Auckland Unitary Plan (Operative in Part) - Private Plan Change Request from Taste Business Investment Trust Limited to rezone land at 41 - 43 Brigham Creek Road, Whenuapai, Presentation

11

Summary of Confidential Decisions and related information released into Open

Resolution number PLA/2022/113 MOVED by Cr C Darby, seconded by Deputy Mayor BC Cashmore: That the Planning Committee: a)      note the confidential decision and related information that is now publicly available: i)       Auckland Unitary Plan – Private Plan Change 67 – next steps decision from 4 August 2022 ii)      Auckland Unitary Plan – Private Plan Change 51 – next steps decision from 4 August 2022 CARRIED

12	Summary of Planning Committee information items and briefings (including the forward work programme) – 1 September 2022
	Resolution number PLA/2022/114 MOVED by Cr L Cooper, seconded by Cr C Casey: 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 – 1 September 2022. CARRIED

13        Consideration of Extraordinary Items

There was no consideration of extraordinary items.

Note: The Chairperson thanked everyone involved with the Planning Committee during the 2019-2022 political term.

Cr D Newman retired from the meeting at 12.14pm.

Cr J Watson retired from the meeting at 12.14pm.

Cr L Cooper retired the meeting at 12.20 pm.

12. 22 pm                                           The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

CONFIRMED AS TRUE AND CORRECT BY

THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 8.1.4 ON

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

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

CHIEF EXECUTIVE
OR NOMINEE:…………………………..………………