Agenda of Franklin Local Board - Tuesday, 23 April 2024

1 Nau mai | Welcome

The meeting will open with karakia and the Chair will welcome everyone present.

2 Ngā Tamōtanga | Apologies

At the close of the agenda no apologies had been received.

3 Te Whakapuaki i te Whai Pānga | Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Te Whakaū i ngā Āmiki | Confirmation of Minutes

That the Franklin Local Board:

a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 26 March 2024 as true and correct.

5 He Tamōtanga Motuhake | Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Te Mihi | Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Ngā Petihana | Petitions

At the close of the agenda no requests to present petitions had been received.

8 Ngā Tono Whakaaturanga | Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Franklin Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

At the close of the agenda no requests for deputations had been received.

9 Te Matapaki Tūmatanui | Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of three minutes per speaker is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Ngā Pakihi Autaia | Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

No.	Title	Page
a ⇩	Auckland Transport bi-monthly report to the Franklin Local Board - April 2024	9
b ⇩	Memo - Ardmore School	13

Franklin Local Board

23 April 2024

Approval of concept design for new neighbourhood park at Ray Fausett Reserve, Pukekohe

File No.: CP2024/03940

Te take mō te pūrongo

Purpose of the report

1. To seek approval of the concept design from the Franklin Local Board for the new neighbourhood park at Ray Fausett Reserve, Princes Street West, Belmont, Pukekohe and to progress the project to detailed design and construction.

Whakarāpopototanga matua

Executive summary

2. The local board has allocated $600,180 from the ABS: Capex – Growth (regional) funding towards the development of a new neighbourhood park at Ray Fausett Reserve. The project was approved by the local board as part of the 2023/2024 Customer and Community Services Work Programme on 25 July 2023 (resolution number FR/2023/106).

3. A concept design has been developed, incorporating the feedback received from community consultation and engaging Ngāti Tamaoho and Ngāti Te Ata. It was found that wheel play, nature, and climbing were the highest three desired play activities by the community. The theme of the park is to provide a safe place for families to play and meet, promoting healthy families mentally and physically.

4. The concept design was presented to the local board on 10 October 2023. The local board indicated its in-principle support for the concept design and provided feedback. The proposed concept plan has incorporated the feedback received from the local board.

5. It is proposed that delivery of the concept design is split into two stages, with the first stage proposed to include Junior module with slide, 2-Bay swing with basket, platform springers, inclusive spinner, seesaw, picnic table, senior module with slide, flying fox, balancing logs, stepping stones, stepping logs and earth mounds.

6. The second stage is proposed to include accessible public bathrooms, drinking water fountain, bike rack, basketball half-court, accessible barbecue, interactive interpretation panels, informal paths, connection pedestrian bridge and traditional medicinal plants.

7. Staff now seek approval of the final concept design from the local board before progressing the project to construction.

8. Following the approval of the proposed concept design, the procurement process will begin. Physical works to undertake construction of stage one of the proposed design is expected to commence in May 2024.

9. Progress updates on the project will be provided to the local board as part of the quarterly reports.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakaae / approve the concept design for the new neighbourhood park at Ray Fausett Reserve as per Attachment A of the agenda report and request staff to progress the project to construction.

Horopaki

Context

10. Ray Fausett Reserve is located at Princes Street West, Belmont, Pukekohe. Location plan of the reserve as below.

Figure 1: Location plan of Ray Fausett Reserve

11. As a part of the Franklin Local Board’s 2023/2024 Customer and Community Services Work Programme, the local board approved a project to develop a new neighbourhood park at Ray Fausett Reserve (resolution number FR/2023/106). The local board has allocated $600,180 from the ABS: Capex – Growth (regional) funding.

Tātaritanga me ngā tohutohu

Analysis and advice

12. Public consultation was undertaken via Have Your Say online surveys and an open day at Ray Fausett Reserve on 18 September 2022. The consultation targeted a large radius of residents. It was found that wheel play, nature and climbing are the highest three desired play activities.

13. A discussion with Ngāti Tamaoho and Ngāti Te Ata was held on 23 May 2022 at Ray Fausett Reserve to develop a theme for the proposed new park to provide a safe place for families to play and meet, promoting healthy families mentally and physically.

14. Feedback for the parks theme was received from Ngāti Tamaoho and Ngāti Te Ata and has been incorporated into the proposed concept design. Details of the feedback are noted under the Māori impact statement section of this report.

15. Consultation with the community took place in September 2022 through the Auckland Council Have Your Say webpage, drop-in event, the Local Board Facebook page and via email.

Themes from engagement

The key aspects received from the engagement are summarised as the following:

· most families visited weekly or a couple of times a week

· most families walk to get to Ray Fausett Reserve

· main activity at Ray Fausett Reserve is children’s play

· wheel play, nature and climbing are the highest three desired play activities.

Proposed concept plan

16. The proposed concept design has been developed incorporating feedback from public and iwi consultation. It is proposed to split into two stages with the first stage proposed to include:

a) a junior module with slide

b) two bay swings with basket

c) platform springers

d) inclusive spinner

e) seesaw

f) picnic table

g) senior module with slide

h) flying fox

i) balancing logs

j) stepping stones

k) stepping logs and earth mounds.

17. The second stage will include:

a) accessible public bathrooms

b) drinking water fountain

c) bike rack

d) basketball half-court

e) accessible BBQ

f) interactive interpretation panels

g) informal paths

h) connection pedestrian bridge

i) traditional medicinal plants.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

· to prepare the region for the adverse impacts of climate change.

19. It is anticipated that there will be an increase in carbon emission from construction, including contractor emissions. Staff will seek to minimise carbon and contractor emissions as much as possible when delivering the project.

20. Maximising the upcycling and recycling of existing material, aligned with the waste management hierarchy (prevention, reduction, recycle), will also be prioritised to ensure minimum impact.

21. Mitigation of greenhouse gas emissions will be achieved through sourcing of low-carbon material options (including sourcing materials locally) and the use of products with environmental declarations for embodied carbon reductions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22. Council staff from within the Customer and Community Services directorate (Parks and Community Facilities operational management and maintenance and Active Communities), and Healthy Waters teams have been consulted. They are supportive of the upgrade as it will improve the quality of the reserve.

23. The project will deliver significant improvements to the needs of the local community.

24. Collaboration with staff will be ongoing to ensure that the development of a park at Ray Fausett Reserve is integrated appropriately into the operational maintenance and asset management systems once completed.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

25. The project will benefit the community by providing a new recreation area for surrounding residents and respond to population growth in the area. This aligns with the local board objective of ensuring local public spaces are fit for purpose and affordable and meet the needs of growing communities.

26. The concept plan was presented to the local board at a workshop on 10 October 2023, along with the estimated costs of the design. The local board indicated support for the concept design and requested consideration of the following points:

a) provision of car park - this is not considered viable as any available parking might be commandeered by residents due to no provision of on-road parking for residents.

b) change asphalt paths to concrete - this has been incorporated into the proposed concept plan.

c) provide a water fountain at the reserve - this has been incorporated into the proposed concept plan. Staff are proposing installation of a water fountain as part of stage two alongside with the toilet block as the current budget is not adequate to install a new water connection.

Tauākī whakaaweawe Māori

Māori impact statement

27. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan (operative in part), Whiria Te Muka Tangata Māori Responsiveness Framework and local board plans.

28. Engagement with mana whenua on this project has been undertaken as part of the consultation process. The concept design was presented and discussed with Ngāti Tamaoho and Ngāti Te Ata at Ray Fausett Reserve on 23 May 2022.

29. Feedback from Ngāti Tamaoho and Ngāti Te Ata was received supporting the project in principle, with following specific feedback which has been incorporated into the design:

a) Whānua ātea - provide a safe place for families to play and to meet, promoting healthy families mentally and physically.

b) Manakitanga - promote education about Māori history on living with nature, wildlife along the stream and in wetland, education about Rongoā Māori (traditional Māori medicinal practices).

c) Kaitikitanga - promote children to be guardians and protectors of Whangapouri awa (stream).

d) Māra hūpara - provide opportunities to see, feel and interact with the natural environment in the park – visual connection to maunga (Pukekohe Hill), visual and interaction with Whangapouri awa and whenua (Pukekohe) as part of the play they engage in every day as part of exploring self identity within play.

Ngā ritenga ā-pūtea

Financial implications

30. A total budget of $600,180 has been allocated for the project over multiple financial years (2022 – 2025) by the local board as part of their 2023/2024 Customer and Community Services Work Programme. This allocation is sufficient to deliver stage one of the proposed concept design. However, this allocation does not cover the entire cost of the project.

31. Further budget will be required to deliver stage two of the project. The rough order of cost estimate in August 2023 indicates stage two of the project costing around $1,071,991.94.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. The following risks and mitigations have been considered in Table 1 – Risks and Mitigations:

Risks identified	Mitigation
Timeframe
The local board does not support the concept plan	The scope would need to be redefined, but this will subsequently delay and extend the timeframes to deliver the project.
Health & Safety
The project creates health and safety issues for contractors or the community	Health and safety measures will be identified and will be put in place to manage any risks during construction.
Budget
Current cost estimate is at concept level only	The budget required for the physical works phase will be confirmed once the project is tendered. Should the cost required for physical works come in significantly higher than the budget, then the local board will be consulted to discuss a way forward.
Construction
Poor weather during construction may hold up delivery	Construction methodology and programme to allow for wet weather.
Damage to existing paths due to construction works	Jakmats or similar will be used to minimise the impact of machinery on the path. If damage were to occur, this would have to be remedied at a cost to the project. A small contingency has been factored into the budget to account for this.
Reputational	If the plans are not supported, it may lead to community disappointment, as well as contribute to a drop in consultation and engagement of future projects.

Ngā koringa ā-muri

Next steps

33. Table 2 below summarises the anticipated next steps and estimated delivery timeframes for stage one the project. The estimated timeframes assume successful and timely completion of each identified project step. Unforeseen delays in the procurement of a design and build may have the potential to delay completion of the project beyond the identified timeframe.

Table 2: Project phasing and timelines

Project phase

Planned completion timeframe

Procure physical works contractor/build partner

The tender will be submitted to a suitable contractor as per the procurement guidelines.

April 2024

Physical works

An accurate commencement date and the duration of the physical works is not known at this time and will be confirmed at a later stage but is envisaged between the dates specified.

May 2024 – Late 2024

34. Progress updates on the project will be provided to the local board as part of the quarterly reports.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Concept design for new neighbourhood park at Ray Fausett Reserve	25
b ⇩	Consultation Feedback - Ray Fausett Reserve concept design	27

Ngā kaihaina

Signatories

Author

Xavier Choi, Project Manager

Authorisers

Taryn Crewe, General Manager Parks ＆ Community Facilities

Manoj Ragupathy - Local Area Manager Franklin, Papakura, Manurewa

Franklin Local Board

23 April 2024

Future of the residential building and associated assets located at 6 North Road, North Road Reserve, Clevedon

File No.: CP2024/03913

Te take mō te pūrongo

Purpose of the report

1. To seek approval for the removal of the dwelling at 6 North Road, Clevedon to enable renewal and expansion of the North Road Reserve open space in the future.

Whakarāpopototanga matua

Executive summary

2. North Road Reserve, located at 6 North Road, consists of two lots at 4 and 6 North Road.

3. The park is predominantly flat and utilised for passive recreation.

4. The importance of this reserve to the Clevedon Community is likely to increase in future as the area goes through, what is forecast to be, a period of rapid population growth.

5. The local board supported, at an April 2020 workshop, the renewal of the playspace in its current location at 6 North Road as well as a full review of other services within the site including the tenanted dwelling.

6. Through further discussion, the Franklin Local Board expressed a desire to remove the dwelling to enable expansion of the North Road Reserve open space area.

7. If approved, the removal methodology will be worked through and once this has been determined, the funding source will be confirmed.

8. Once a decision has been made on the dwelling a concept plan will be developed to enable forward planning and progression of the Clevedon Village Heart programme at North Road Reserve.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) whakaae / approve removal of the residential house, garage and associated assets at 6 North Road and the reinstatement of the area into lawn

b) tuhi ā-taipitopito / note that following removal of the residential property, garage and associated assets at 6 North Road:

i) the assets will be removed from council’s asset database

ii) local renewals budget would not be able to be used to replace the asset or the service provided, under council’s financial policies and guidelines

iii) reinstatement of the asset will require new development funding.

Horopaki

Context

9. North Road Reserve is an informal recreation reserve in Clevedon. The reserve consists of two separate lots located at 4 and 6 North Road.

10. It is located adjacent to the northern entrance/exit of the Clevedon Village and is a destination for the local community, visitors and tourists.

11. The park is predominantly flat and utilised for passive recreation. It accommodates a carpark, playspace, public toilets, effluent disposal field and park fixtures.

12. North Road Reserve contains a tenanted residential house and garage sited within its boundary on the corner of North Road and Twilight Road.

13. The dwelling and associated lease is managed by Parks and Community Facilities.

14. A Clevedon Play Service Assessment was undertaken and presented to the Franklin Local Board at a workshop in April 2020. The board supported the renewal of the playspace in its current location at 6 North Road as well as a full review of other services within the site including the tenanted dwelling.

15. Franklin Local Board allocated ABS and LDI Capex funding between the 2021/2022 and 2026/2027 financial years toward the Clevedon Village Heart Programme to improve public open space and amenities throughout the village.

16. The Franklin Local Board recognised future growth within Clevedon and have opted to review the whole of North Road Reserve through a concept plan. This includes looking at opportunities to expand the open space through the removal of the dwelling at 6 North Road to meet increasing open space demands.

17. The residential tenancy at 6 North Road ended in September 2022 and council did not seek to re-tenant the dwelling. As it now sits unoccupied, Parks and Community Facilities Area Operations have proactively boarded up the property to prevent unauthorised entry.

18. Once a decision has been made on the future of the dwelling at 6 North Road, a concept plan will be developed to enable forward planning and progression of the Clevedon Village Heart programme at North Road Reserve.

Tātaritanga me ngā tohutohu

Analysis and advice

19. The building is a single storey residential building built circa 1970 and situated on a slightly elevated site. The building consists of three bedrooms, lounge, kitchen, laundry, bathroom, toilet and a garage on the southern side of the property.

20. The building is a lightweight timber frame structure with corrugated iron roof cladding on timber truss. The wall cladding is timber weatherboard. The floor is constructed of timber built off a piled subfloor system.

21. An asset assessment of the buildings was conducted in January 2020. The assessment identified defects as well as short and long term investment requirements.

22. In general the building is in poor condition commensurate with its age, use and lack of maintenance. The interior of the building is in a barely satisfactory condition while the exterior requires remediation.

23. The main defects are the timber window joinery, which is in a poor condition, and the roof cladding to the garage, which is at the end of its useful life and needs to be replaced with compliant material in the near term.

24. Heating and ventilation comply with the requirement of the new residential legislation. Ceiling and under floor insulation has been installed but there is no indication as to whether it is compliant.

25. The cost of upgrading the building is likely to be high and there are significant amenity and recreation benefits to be gained from its removal. Staff advice is therefore not to upgrade the building and approval is now being sought for the removal of the house and garage at 6 North Road.

26. If the board approve removal of the buildings, funds will either be sought to deconstruct the property from the Regional Operational Renewals and Demolition (opex) budget or within the Clevedon Village Heart Programme. Alternately a commercial agreement will be entered into with a third party to have the house relocated to a private residence.

27. Upon removal of the buildings from the site, the relevant assets will be taken off the council’s asset database.

Tauākī whakaaweawe āhuarangi

Climate impact statement

1. Auckland Council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Aucklands Climate Plan are:

· To reduce greenhouse gas emissions to reach net zero emissions by 2050 and

· To prepare the region for the adverse impacts of climate change.

28. Due to the site being located in a flood sensitive zone, future development of the park will require careful consideration and planning to mitigate risks and ensure the safety and resilience of infrastructure. This action would provide the greatest value to the local community and the wider network of park visitors.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29. Interdepartmental collaboration will be ongoing to ensure the dwelling is removed from the site by the Area Operations team upon Franklin Local Board approval. Asset management systems will be updated and the asset will be removed from the full facility operational maintenance contract.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

30. The Customer and Community Services work programme approved by the Franklin Local Board in June 2023 includes The Clevedon Village Heart Programme, which seeks to improve public open space and amenities.

31. The Clevedon Village Heart Programme aligns the Franklin Local Board Plan objective “A sense of belonging and strong community participation” with the outcome “Our people are supported to actively contribute to their community and the places they live”.

32. A Clevedon Play Service Assessment was undertaken and presented to the Franklin Local Board at a workshop in April 2020. The board supported the renewal of the playspace in its current location at 6 North Road as well as a full review of other services within the site including the tenanted dwelling.

33. In further discussion with Parks and Community Facilities staff the Franklin Local Board expressed a desire to remove the building to enable expansion of the North Road Reserve open space area.

Tauākī whakaaweawe Māori

Māori impact statement

34. Parks and Reserves are taonga and hold significant importance to mana whenua. Developing a network of quality open spaces that provide for all ages and abilities will positively benefit the health and wellbeing of mana whenua and the wider community through increased recreation provision.

35. Partnering with mana whenua on development of a concept design for North Road Reserve will enable delivery of the following environmental outcome identified in the Schedule of Issues of Significance 2021-2025 document: ‘Māori cultural values, history and heritage are reflected within the built environment through design principles in open space’.

Ngā ritenga ā-pūtea

Financial implications

36. The funding requirements for removal of the residential property will be confirmed once the removal methodology has been investigated and agreed with the local board.

37. The current condition of the property does not meet ‘Healthy Home’ standards and would require renewal investment to re-tenant. A decision to remove the building will avoid the utilisation of this budget and funding can be utilised elsewhere within the Franklin Local Board asset network.

38. The Franklin Local Board has allocated funding toward the Clevedon Village Heart Programme as part of the Customer and Community Services work programme. The funding consists of ABS and LDI Capex and is distributed throughout financial years 2021/2022 to 2026/2027.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. The timing of the property removal is undetermined. The property, because it has been boarded up and is in poor condition, looks unsightly and could be prone to vandalism.

40. Progressing its removal as quickly as possible mitigates the reputational risk associated with what may be perceived as poor maintenance practices and the risk of further deterioration to the building.

41. Regional Operational Renewals and Demolition (opex) funding for the demolition of buildings is limited and under pressure. Should funding for the demolition of the buildings at 6 North Road be unavailable in the 2024/2025 financial year, staff will seek to incorporate the demolition into future years. Alternately the demolition could be incorporated as part of the Clevedon Village Heart programme budget for a shorter, more flexible demolition timeframe.

Ngā koringa ā-muri

Next steps

42. Subject to local board approval, the building removal investigation process will commence.

43. A concept plan for North Road Reserve can be progressed and potentially incorporate the additional space obtained from the building removal into the open space design.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Kristen Greenfield - Park & Places Specialist

Authorisers

Taryn Crewe - General Manager Parks ＆ Community Facilities

Manoj Ragupathy - Local Area Manager Franklin, Papakura, Manurewa

Franklin Local Board

23 April 2024

Local Board Views on Proposed Plan Change 96 - Open Space and Other Rezoning Matters (2024)

File No.: CP2024/03610

Te take mō te pūrongo

Purpose of the report

1. To invite local board views on the Council initiated Proposed Plan Change 96 – Open Space and Other Rezoning Matters (2024).

Whakarāpopototanga matua

Executive summary

2. Decision-makers on plan changes to the Auckland Unitary Plan must consider local boards’ views on the plan change, if the relevant local boards choose to provide their views.

3. The Plan and Places Department prepare open space plan changes every two to three years to update the zoning of open space in the AUP. Proposed Plan Change 96 – Open Space and Other Rezoning Matters (2024) (PC96) is the latest such plan change.

4. Typically, there are four categories of change included in these plan changes:

i) Rezoning of recently vested or acquired open space

ii) Rezoning to correct zoning errors or anomalies

iii) Rezoning to better reflect the current or future intended use and/or development of land

iv) Rezoning to reflect approved land swaps between Kainga Ora and Auckland Council and/or to enable approved land rationalisation and disposal.

5. PC96 involves 32 changes/groups of changes in 13 Local Board areas. A copy of the proposed plan change is in Attachment A. The changes on Maps 1, 2 and 32 are relevant to the Franklin Local Board.

6. A local board can present local views and preferences when expressed by the whole local board. This report is the mechanism for the local board to resolve and provide its views on Proposed Plan Change 96. Staff do not recommend what view the local board should convey.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) provide local board views on Proposed Plan Change 96 – Open Space and Other Rezoning Matters (2024)

b) appoint a local board member to speak to the local board views at a hearing on Proposed Plan Change 96 – Open Space and Other Rezoning Matters (2024)

c) delegate authority to the chairperson of the Franklin Local Board to make a replacement appointment in the event the local board member appointed in resolution b) is unable to attend the plan change hearing.

Horopaki

Context

Decision-making authority

7. Each local board is responsible for communicating the interests and preferences of people in its area regarding the content of Auckland Council’s strategies, policies, plans, and bylaws. Local boards provide their views on the content of these documents. Decision-makers must consider local boards’ views when deciding the content of these policy documents (ss15-16 Local Government (Auckland Council) Act 2009).

8. Local boards must have the opportunity to provide their views at the hearing on proposed plan changes.

9. If the local board chooses to provide its views, the planner includes those views in the hearing report. The hearing report will address issues raised in local board views and submissions by themes.

10. If appointed by resolution, local board members may present the local board’s views at the hearing to commissioners, who decide on the plan change.

11. This report provides an overview of the plan change, and a summary of submissions’ key themes relevant to the Franklin Local Board.

12. The report does not recommend what the local board should convey, if the local board expresses its views on Proposed Plan Change 96 – Open Space and Other Rezoning Matters (2024). The planner must include any local board views verbatim in the evaluation of the private plan change. The planner cannot advise the local board as to what its views should be, and then evaluate those views.

Tātaritanga me ngā tohutohu

Analysis and advice

Plan change overview

13. The Plan and Places Department prepare open space plan changes every two to three years to update the zoning of open space in the AUP.

14. Typically, there are four categories of change included in these plan changes:

i) Rezoning of recently vested or acquired open space

ii) Rezoning to correct zoning errors or anomalies

iii) Rezoning to better reflect the current or future intended use and/or development of land

iv) Rezoning to reflect approved land swaps between Kainga Ora and Auckland Council and/or to enable approved land rationalisation and disposal.

15. Proposed Plan Change 96 involves 32 land parcels or groups of land parcels from across the region. Thirteen local boards are affected. A copy of Proposed Plan Change 96 is in Attachment A.

16. The proposed changes that have received submissions are outlined below, along with the relevant local boards.

Table 1- Proposed changes in PC96 that have received submissions & local boards

Submissions Received on PC96 Maps/Topics	Local Board
Map 1	Franklin
Map 2	Franklin
Map 3	Hibiscus and Bays
Map 4	Puketapapa
Map 5	Waitemata
Map 7	Maungakiekie – Tamaki
Map 8	Kaipatiki
Map 9	Mangere – Otahuhu
Map 10	Mangere – Otahuhu
Map 11	Maungakiekie – Tamaki
Map 12	Puketapapa
Map 14	Maungakiekie – Tamaki
Map 15	Upper Harbour
Map 18	Howick
Map 19	Howick
Map 21	Rodney
Map 22	Rodney
Map 23	Albert – Eden
Map 25	Maungakiekie – Tamaki
Map 28	Papakura
Map 29	Albert – Eden
Map 30	Maungakiekie – Tamaki
Map 31	Henderson – Massey
Map 32	Franklin

17. No submissions were received for Maps 6, 13, 16, 17, 20, 24, 26, & 27

18. The proposed changes relevant to the Franklin Local Board are:

Map 1 – rezone 81 Franklin Road, Pukekohe from Open Space – Informal Recreation Zone to Residential – Mixed Housing Suburban Zone

Map 2 – rezone 539 Fitzgerald Road, Drury from Business - Light Industry, Business - Heavy Industry and Open Space – Informal Recreation Zones to Business - Light Industry, Business - Heavy Industry and Open Space – Informal Recreation Zones (to align zone and precinct boundaries with an approved subdivision)

Map 32 – rezone 1023 and 1039 Linwood Road, Papakura from Open Space – Sport and Active Recreation Zone to Residential – Single House Zone.

19. In the Section 42A Hearing Report, the Council’s planner, and other experts, will evaluate and report on:

· Submissions and further submissions

· views and preferences of the local board, if the local board passes a resolution.

Themes from submissions received

20. Key submission themes are listed below.

Map 1 – decline the plan change; PC96 is confirmed insofar as it results in the rezoning of 81 Franklin Road from Open Space - Informal Recreation, subject to the site being rezoned to Business - Mixed Use zone rather than the proposed Residential - Mixed Housing Suburban zone; ensure the zoning of 81 Franklin Road, Pukekohe (Map 1 is consistent with the zoning of adjacent properties should proposed Plan Change 78 proceed

Map 2 – questions arising from the consequence of the rezoning; seek confirmation of PC96 subject to the mapping anomalies on Map number 2 identified (in the submission) being corrected; ensure that the zoning (as shown on the AUP planning maps) and sub – precinct boundaries (as shown on the Drury South: Precinct Plan 1) reflect the approved resource consent plan SUB60383451 – A; support the proposed rezoning from Business - Light Industry to Business - Heavy Industry and to Sub - Precinct E; approve the plan change - the rezoning to Open Space - Informal Recreation zone subject to appropriate provisions being incorporated in the AUP that ensure Drury Quarry can continue to operate in accordance with the Business - Light Industry zone noise standards at the interface between Special Purpose - Quarry zone and the potential future Open Space - Informal Recreation zone; the area of the zone north of Kaka Road, Kuku Street, and northeast of Kereru Road adjourning the reserve areas planted in indigenous plantings (zoned Informal Recreation) be restricted to Light Industry and Informal Recreation and to not include Heavy Industry

Map 32 - retain the proposed zoning for 1023 and 1039 Linwood Road (Map 32) - Residential - Single House Zone; approve the plan change with the amendments requested - rezone 726 Kingseat Rd, 804 Kingseat Rd to residential

21. Submissions were made by:

Map 1 – the landowner - Pukekohe Rugby Football Club Incorporated, Auckland Council and affected individuals

Map 2 - the landowner - Drury South Limited, the adjacent landowner - Jie's Holdings Limited, Auckland Council, Stevenson Aggregates Limited and an affected individual

Map 32 - the landowner - Kingseat Village Limited and another landowner in the vicinity.

Table 2: submissions received on plan change 96 for Map 31

Submissions	Number of submissions
In support	Map 1 – nil Map 2 - 1 Map 32 – 1
In support, if modifications are made	Map 1 – 2 (2 submission points, 1 submission point) Map 2 – 4 (5 submission points, 6 submission points, 3 submission points, 1 submission point) Map 32 – 1
In opposition	Map 1 – 4 Map 2 - nil Map 32 – nil
Neutral	Map 1 – nil Map 2 - nil Map 32 – nil

22. Information on the summary of all decisions requested by the submitters is in Attachment 2.

Tauākī whakaaweawe āhuarangi

Climate impact statement

Context

23. Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan sets out Auckland’s climate goals:

· to adapt to the impacts of climate change by planning for the changes we will face (climate adaptation)

· to reduce greenhouse gas emissions by 50 per cent by 2030 and achieve net zero emissions by 2050 (climate mitigation).

24. The rezoning of land at 81 Franklin Road, Pukekohe and 1023 and 1039 Linwood Road, Papakura will enable additional housing within existing urban areas. The rezoning of land at 539 Fitzgerald Road, Drury is neutral in terms of climate change.

Implications for local board views

25. Table 2 provides guidance as to what the local board may wish to consider in forming any view.

Table 2 Relevance of climate change to RMA decision-making

In scope for RMA decision-making	Out of scope for RMA decision-making
Climate adaption issues such as: How should land be allocated to different activities when considering how climate change may affect our environment? How and where should physical resources be constructed? For example: · will sea-level rise cause inundation of land where development is proposed? · is the land in an area susceptible to coastal instability or erosion? · will Auckland be less- or better-prepared for flooding, stress on infrastructure, coastal and storm inundation? · is ecosystem resilience improved through ecological restoration or reduced by the loss of indigenous habitats?	Climate mitigation issues such as: · release of greenhouse gas emissions into the atmosphere · increase in emissions from private car use, use of coal fired or natural gas burners

In scope for RMA decision-making

Out of scope for RMA decision-making

Climate adaption issues such as:

How should land be allocated to different activities when considering how climate change may affect our environment? How and where should physical resources be constructed?

For example:

· will sea-level rise cause inundation of land where development is proposed?

· is the land in an area susceptible to coastal instability or erosion?

· will Auckland be less- or better-prepared for flooding, stress on infrastructure, coastal and storm inundation?

· is ecosystem resilience improved through ecological restoration or reduced by the loss of indigenous habitats?

Climate mitigation issues such as:

· release of greenhouse gas emissions into the atmosphere

· increase in emissions from private car use, use of coal fired or natural gas burners

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. Council departments and Council-Controlled Organisations involved in open space acquisition and disposal (e.g. Community and Social Policy (Parks and Recreation Policy), Healthy Waters, Eke Panuku and the Development Programme Office) have identified either land purchased for open space that has not gone through a vesting or gazetting process or land that is identified to be disposed of or swapped that requires an alternative zoning.

27. Both Parks and Recreation Policy and Healthy Waters (in the case of stormwater reserves) have provided input into the proposed zoning changes.

28. WaterCare Services Limited have been involved in the nomination of sites for rezoning.

29. Healthy Waters (where they are not the requester of part of the plan change) and Parks will review relevant submissions and provide expert input to the hearing report.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

30. The proposed change on Maps 1, 2 and 32 are within the Franklin Local Board area.

31. Factors the local board may wish to consider in formulating its view:

· interests and preferences of people in local board area

· well-being of communities within the local board area

· local board documents, such as local board plan, local board agreement

· responsibilities and operation of the local board.

32. This report is the mechanism for obtaining formal local board views. The decision-maker will consider local board views, if provided, when deciding on the plan change.

Tauākī whakaaweawe Māori

Māori impact statement

33. If the local board chooses to provide its views on the plan change it includes the opportunity to comment on matters that may be of interest or importance to Māori, well-being of Māori communities or Te Ao Māori (Māori worldview).

34. A draft copy of the plan change was sent to all Auckland’s 19 mana whenua entities on 3 November 2023, as required under the Resource Management Act. No feedback was received from iwi.

35. In addition, no iwi authorities made a submission on the plan change.

36. The hearing report will include analysis of Part 2 of the Resource Management Act which requires that all persons exercising RMA functions shall take into account the principles of the Treaty of Waitangi/Te Tiriti o Waitangi.

Ngā ritenga ā-pūtea

Financial implications

37. In terms of land proposed to be rezoned from Open Space – Informal Recreation Zone to Residential – Mixed Housing Suburban Zone (Map 1) and from Open Space – Sport and Active Recreation Zone to Residential – Single House Zone (Map 32), the proposed plan change will have financial benefits in terms of enabling additional housing within the existing urban areas. The proposed changes for 539 Fitzgerald Road, Drury (Map 2) will align zone and precinct boundaries with an approved subdivision. This will avoid the need for resource consents due to land parcels with split zonings.

38. With respect to the cost of the plan change itself, this is planned expenditure within the Plans and Places Department’s budget. Cost associated with the plan change hearing are covered by the Democracy Services Department’s budget.

39. The bundling together of several rezoning proposals (there are 32 separate changes in the plan change) assists in reducing the costs per land parcel of the plan change and hearing processes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. There is a risk that the local board will be unable to provide its views and preferences on the plan change, if it doesn’t pass a resolution. This report provides:

· the mechanism for the Franklin Local Board to express its views and preferences

· the opportunity for a local board member to speak at a hearing.

41. The local board however, may choose not to pass a resolution at this business meeting.

42. The power to provide local board views regarding the content of a plan change cannot be delegated to individual local board member(s) (Local Government Act 2002, Sch 7, cls 36D(a)). This report enables the whole local board to decide whether to provide its views and, if so, to determine what matters those views should include.

Ngā koringa ā-muri

Next steps

43. The planner will include, and report on, any resolution of the local board in the Section 42A hearing report. The local board member appointed to speak to the local board’s views will be informed of the hearing date and invited to the hearing for that purpose.

44. A hearing date and the appointment of Independent Hearing Commissioner’s has yet to occur.

45. The planner will advise the local board of the hearing date and the decision on the plan change by memorandum, once the decision has been released.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment 1 - Proposed Plan Change 96 - Opn Space and Other Rezoning Matters (2024)	45
b ⇩	Attachment 2 - Information on the summary of all decisions requested by the submitters (Franklin Local Board)	77

Ngā kaihaina

Signatories

Author

Tony Reidy - Team Leader Planning

Authorisers

John Duguid - General Manager - Plans and Places

Manoj Ragupathy - Local Area Manager Franklin, Papakura, Manurewa

Franklin Local Board

23 April 2024

Attachment 2 – Information on the summary of all decisions requested by the submitters (Franklin Local Board)

Submissions on 81 Franklin Road, Pukekohe (Map 1)

Sub. No.	Name of Submitter	Summary of the Relief Sought by the Submitter	Further Submissions
104.1	David Simmons	Decline the plan change for 81 Franklin Road, Pukekohe - Map 1	Nil
105.1	Dylan Parker	Decline the plan change for 81 Franklin Road, Pukekohe - Map 1	Nil
109.1	Pukekohe Rugby Football Club Incorporated	PC96 is confirmed insofar as it results in the rezoning of 81 Franklin Road from Open Space - Informal Recreation, subject to the site being rezoned to Business - Mixed Use zone rather than the proposed Residential - Mixed Housing Suburban zone	Nil
109.2	Pukekohe Rugby Football Club Incorporated	Such further, other or consequential relief as is considered appropriate or necessary to address the concerns in the submission	Nil
112.1	Auckland Council	Ensure the zoning of the following properties - 81 Franklin Road, Pukekohe (Map 1), 33 Allenby Road, Panmure (Map 11) and Part of 1, 3 & 5 Olea Road, Onehunga (Map 30) is consistent with the zoning of adjacent properties should proposed Plan Change 78 proceed	Nil
133.1	John McLean	Decline the plan change for 81 Franklin Road, Pukekohe (Map 1)	Nil
134.1	Nicole McLean	Decline the plan change for 81 Franklin Road, Pukekohe (Map 1)	Nil

Summary of submissions

Submissions 104.1, 105.1, 133.1 and 134.1 requests that the plan change be declined. Submission 105.1 requests that the plan change be declined. Submission 109.1 and 109.2 seeks that PC96 is confirmed insofar as it results in the rezoning of 81 Franklin Road from Open Space - Informal Recreation subject to the site being rezoned to Business: Mixed Use rather than the proposed Residential: Mixed Housing Suburban and such further, other or consequential relief as is considered appropriate or necessary to address the concerns expressed in the submission. Submission 112.1 seeks that the zoning of 81 Franklin Road, Pukekohe is consistent with the zoning of adjacent properties should Plan Change 78 proceed.

The reasons for the submissions are:

· It's not in the best interest of our neighbourhood to ram more houses in a confined space (104.1);

· There is no need for housing to be in this area due to it already becoming a busy road to get to leisure facilities and an already problematic road that has been affected buy the placement of an enormous roundabout and the decline of council maintenance around the immediate area (105.1);

· Pukekohe Rugby Club:

(a) Generally, supports the purpose of PC96, particularly insofar as it identifies

that 81 Franklin Road has an incorrect and inappropriate Open Space zoning in

the AUP;

(b) Opposes the rezoning of the Pukekohe Rugby Club Land from Open Space -Informal Recreation to Residential - Mixed Housing Suburban Zone:

· The proposed zoning of 81 Franklin Road is consistent with the zoning of the surrounding land under the Operative in part AUP. However, Proposed Plan Change 78 proposes to change the zoning of the surrounding land to Residential – Mixed Housing Urban. The future of PC78 is currently unknown. Should PC78 proceed, then the zoning of the abovementioned sites should be consistent with the zoning of the surrounding area under PC78 (112.1);

· Changing the use of the land at 81 Franklin Rd, where the Rugby Club Building is situated to residential housing will fundamentally will change the original vision of the Pukekohe Borough to preserve this area for all residents of Pukekohe to enjoy. As Pukekohe grows in size it is imperative that areas that support community wellbeing and health are preserved. If the rugby club no longer wishes to own the building then it should be passed on to another club, community association or non-profit organisation to use and benefit the community of Pukekohe. If the change proceeds, It is to be noted that 81 Franklin Rd, section Lot 1 Deposited Plan 87998 would be “Land Locked” because it is behind Lot 2 Deposited Plan 87998. Plus the land at 81 Franklin is considered to be included in the new flood zone and given the recent weather events across New Zealand and in Pukekohe with flooded damaged homes and damp homes we consider it ludicrous to change the zoning to housing and oppose it (133.1, 134.1)

Submissions on 539 Fitzgerald Road, Drury (Map 2)

Sub. No.	Name of Submitter	Summary of the Relief Sought by the Submitter	Further Submissions
103.1	Jie's Holdings Limited	Approve the plan change for Map 2 with the amendments requested	FS04 – Drury South Limited - Support
103.2	Jie's Holdings Limited	Don’t oppose PC96 removing the Open Space zone from 497 Fitzgerald Road, Drury and realigning the zone and precinct boundary, rezoning the open space land as Light Industry	FS04 – Drury South Limited - Support
103.3	Jie's Holdings Limited	Questions arising from the consequence of the rezoning. Observe that the changed zoning and new boundary does not align with a cadastral boundary, that being the approach advocated by PC96. Instead it produces a mid - site zone boundary between the Light Industry and Future Urban zones	FS04 – Drury South Limited - Support
103.4	Jie's Holdings Limited	May be the case that the OS zone boundary dividing the site resulted in the Future Urban zone being applied to the smaller portion of the site, given the presence of that zone on the opposite side of Fitzgerald Road. Given the removal of the OS zone, that justification for the split zone and in particular a Future Urban zone disappears	FS04 – Drury South Limited - Support
103.5	Jie's Holdings Limited	The Drury South precinct in the AUP identifies a realignment of the "northern stream" with that realignment coinciding with the location of the Open Space zone proposed to be removed from 497 Fitzgerald Road, Drury by PC96. Earthworks on yhe adjacent property to the east of the property are seemingly consistent with that stream alignment. PC96 is silent as to any possible implications for the wider precinct	FS04 – Drury South Limited - Support
110.1	Drury South Limited	Seek confirmation of PC96 subject to the mapping anomalies on Map number 2 identified (in the submission) being corrected	Nil
110.2	Drury South Limited	The road boundaries of Kuku Road, Kaka Road, Kereru Road and the northern portions of Maketu Road and Jack Stevenson Road are plotted in accordance with approved scheme plan of subdivision SUB-60383451-A as attached in Appendix 1 to this submission	Nil
110.3	Drury South Limited	The isolated area of legal road shown north and south of Kuku Road near its intersection with Kaka Road and Jack Stevenson Road be zoned Light Industry	Nil
110.4	Drury South Limited	The small area of Heavy Industry zone shown on the north western corner of the Jack Stevenson / Ross Stevenson Road intersection be included in the Light Industry zone	Nil
110.5	Drury South Limited	The boundary of Drury South Sub-Precinct E (Heavy Industry Zone) be aligned with the eastern boundary of Jack Stevenson Road	Nil
110.6	Drury South Limited	The notation “Drury Centre Sub Precinct A” be corrected to read “Drury South Sub Precinct A”.	Nil
112.2	Auckland Council	Ensure that the zoning (as shown on the AUP planning maps) and sub – precinct boundaries (as shown on the Drury South: Precinct Plan 1) reflect the approved resource consent plan SUB60383451 – A	Nil
120.1	Stevenson Aggregates Limited	Accept the proposed plan change for 539 Fitzgerald Road, Drury (Map 2) with amendments as outlined below	Nil
120.2	Stevenson Aggregates Limited	Support the proposed rezoning from Business - Light Industry to Business - Heavy Industry and to Sub - Precinct E	Nil
120.3	Stevenson Aggregates Limited	Approve the plan change - the rezoning to Open Space - Informal Recreation zone subject to appropriate provisions being incorporated in the AUP that ensure Drury Quarry can continue to operate in accordance with the Business - Light Industry zone noise standards at the interface between Special Purpose - Quarry zone and the potential future Open Space - Informal Recreation zone	Nil
138.1	TJA MacWhinney	The area of the zone north of Kaka Road, Kuku Street, and northeast of Kereru Road adjourning the reserve areas planted in indigenous plantings (zoned Informal Recreation) be restricted to Light Industry and Informal Recreation and to not include Heavy Industry which is an incompatible use adjourning Informal Recreation areas	Nil

Summary of submissions

Submission 103.1 – 103.5 requests that the plan change be approved subject to the amendments specified in the submission. Submission 110.1 – 110.6 supports PC96 subject to the correction of some mapping anomalies being corrected on Map 2. Submission 112.2 requests that the zoning (as shown on the AUP planning maps) and sub – precinct boundaries (as shown on the Drury South: Precinct Plan 1) reflect the approved resource consent plan SUB60383451 – A. Submission 1020.1 – 120.3 supports the rezoning of land from Business – Light Industry to Business – Heavy Industry but has reverse sensitivity concerns regarding the change from Business – Light Industry Zone to Open Space – Informal Recreation Zone adjoining the quarry boundary and seeks the incorporation of provisions or other mechanisms to address the matters raised. Submission 138.1 seeks that area of the zone north of Kaka Road, Kuku Street, and northeast of Kereru Road adjourning the reserve areas planted in indigenous plantings (zoned Informal Recreation) be restricted to Light Industry and Informal Recreation and to not include Heavy Industry.

The reasons for the submissions are:

· The plan change and subsequent communications with Council confirm that the reason for the change to the property is because the AUP map incorrectly shows an Open Space zone dividing this private property (497 Fitzgerald Road, Drury, effectively the dividing Light Industry zone and Future Urban zone identified on the property (103.1 – 103.5)

· PC96, if amended to address the mapping anomalies DSL has identified:

(a) will promote sustainable management of resources, and therefore will achieve the purpose and principles of the Resource Management Act 1991 ("RMA");

(b) will meet the reasonably foreseeable needs of future generations;

(d) will avoid, remedy or mitigate adverse effects on the environment; and

(e) represents the most appropriate way to achieve the objectives of the Auckland Unitary Plan, in terms of section 32 of the RMA (110.1 – 110.6)

· As a result of the approved Resource Consent Plan SUB60383451 – A, there is a misalignment between the approved cadastral boundaries, the zoning (as shown on the AUP planning maps) and sub – precinct boundaries (as shown on the Drury South: Precinct Plan 1). The AUP Planning Maps and the Drury South: Precinct Plan 1 therefore require amendment to reflect the approved resource consent plan (112.2)

· The Business - Heavy Industry Zone is more aligned with quarry operations. This change will ensure that any future reverse sensitivity effects will be minimised;

· Stevenson Aggregates Limited has legitimate reverse sensitivity concerns regarding the change from Business – Light Industry Zone to Open Space – Informal Recreation Zone adjoining the quarry boundary. There is a well founded concern that this change will place constraints on an existing quarry operating with the SP-QZ. SAL’s key concerns relates to the change in noise limits that will follow (120.1- 120.3)

· Heavy Industry is an incompatible use adjourning Informal Recreation areas (138.1).

Submissions on 1023 and 1039 Linwood Road, Papakura (Map 32)

Sub. No.	Name of Submitter	Summary of the Relief Sought by the Submitter	Further Submissions
65.1	Kingseat Village Limited	Retain the proposed zoning for 1023 and 1039 Linwood Road (Map 32) - Residential - Single House Zone	Nil
65.2	Kingseat Village Limited	Such other additional or consequential relief as is necessary to achieve consistency with the above and to satisfy the concerns of Kingseat Village Ltd (KVL)	Nil
65.3	Kingseat Village Limited	Such other alternative relief to satisfy the concerns of KVL	Nil
123.1	Jenny Jianghua Han C/- L. Li Family Trust Attn: Kevin Marsh	Approve the plan change with the amendments requested - rezone 726 Kingseat Rd, 804 Kingseat Rd to residential	Nil

Summary of submissions

Submissions 65.1, 65.2, & 65.3 seek that the proposed zoning for 1023 and 1039 Linwood Road (Map 32) - Residential - Single House Zone be retained and such other relief that is necessary to meet their concerns.

The reasons provided by the submitters include:

· Kingseat Village Ltd (KVL) acknowledges Auckland Council’s investment in open space (active recreation) provision at the Karaka Recreation Reserve (sports park) at Karaka. Investment in these sports fields and facilities, which will serve Karaka, the Hingaia Peninsula and a wider catchment area including Kingseat, are welcomed and supported;

· KVL acknowledges also that, as a result of the Auckland Council investment at Karaka, 1023 and 1039 Linwood Road are no longer required by Auckland council Community and Social Policy (Parks) to provide for open space (active recreation) at Kingseat;

· KVL agrees that, as 1023 and 1039 Linwood Road are no longer needed for open space (active recreation) that the land should be rezoned to ensure that it is utilised in the most efficient and effective manner for the benefit of the existing and future Kingseat Village community;

· KVL supports Auckland Council’s recommendation through PC96 that 1023 and 1039 Linwood Road should be rezoned to Residential – Single House Zone;

· The area is rapidly developed, our 726 and 804 Kingseat Rd are next to Linwood Rd which is included in the proposed plan change to residential zone. What's more, we are right opposite the Spookers Haunted Park(833 Kingseat Rd) which is also included in the proposed plan change. It makes sense to get our land combined with them to make it a good sized better community.

Franklin Local Board

23 April 2024

Review of the allocation table recording the allocation of decision-making responsibility for non-regulatory activities

File No.: CP2024/04127

Te take mō te pūrongo

Purpose of the report

1. To seek local board input into the current review of the allocation table, which records the allocation of decision-making responsibility for non-regulatory activities.

Whakarāpopototanga matua

Executive summary

2. The “Decision-making responsibilities of Auckland Council’s Governing Body and local boards” document (Attachment A) records the allocation of decision-making responsibilities for the non-regulatory activities of Auckland Council, as determined by the Governing Body. This document is also sometimes referred to as the “allocation table”.

3. The allocation table is being routinely reviewed as part of the Long-term Plan 2024-2034 process. In 2022, the allocation table was substantially reviewed to give local boards increased decision-making powers.

4. There does not appear to be any need for substantive changes to the allocation table at this time. Feedback suggests that some parts of the current allocations are not clear, and minor amendments can be made to support a better understanding of the respective governance roles and responsibilities between the Governing Body and local boards.

5. However, there is work needed on implementation actions to support the organisation to give better effect to the shared governance model. This is being advanced through the Joint Governance Working Party’s (JGWP) enquiry into the Mayor’s proposal for more empowered local boards.

6. Local boards are being asked to provide feedback on the review of the allocation table that will go to the Governing Body for consideration, prior to being adopted for inclusion in the Long-term Plan 2024-2034.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) provide its input into the current review of the allocation table, recording the allocation of decision-making responsibility for non-regulatory activities.

Horopaki

Context

7. The Local Government (Auckland Council) Act 2009 (LGACA) provides that both the Governing Body and local boards are responsible and democratically accountable for the decision-making of Auckland Council, and that where responsibility rests depends on the nature of the decision being made.

8. Section 15 of LGACA sets out the classes of decisions that the Governing Body make, and section 16 sets out the classes of decisions that local boards make. Both sections include a class of decisions in respect of non-regulatory activities of the council. LGACA requires that the Governing Body allocate decision-making responsibility for these non-regulatory decisions to either itself or local boards in accordance with the principles set out in section 17.

9. The “Decision-making responsibilities of Auckland Council’s Governing Body and local boards” (also known as the “allocation table”) records the allocation of decision-making responsibilities for the non-regulatory activities of Auckland Council, as determined by the Governing Body. The allocation table is included in the long-term plan and each year’s annual plan. The current allocation table is attached at Attachment A.

10. The overarching intent of the document is to empower local boards to make decisions that reflect the needs and preferences of diverse local communities while ensuring that the Governing Body is able to fulfil its statutory decision-making responsibilities and make decisions regionally, where to do so will better promote the well-being of communities across Auckland.

11. The allocation table is not intended to be an exhaustive list of all allocated decision-making because of the broad range of Auckland Council’s activities and the nuances within those. Allocation of decision-making is therefore applied on a case-by-case basis, with the allocation table used as a starting point.

12. The allocation table was last reviewed in 2022 where substantial updates were made to provide local boards with increased decision-making powers, in alignment with the Governance Framework Review work.

13. The allocation table is routinely reviewed as part of every long-term plan process and included in the final long-term plan. However, changes to decision-making responsibilities can be made at any time via a new allocation decision (by the Governing Body) or a delegation.

Empowering Local Boards

14. Consequently, allocated decision-making will continue to be considered in the context of the “More Empowered Local Boards” workstream, which is being led by the Joint Governance Working Party (JGWP) and reported recently to local boards. This recognises that empowerment includes allocated decision-making, but that there are other levers to consider, including:

· delegated and statutory decision-making powers

· how well information and advice enable governors to utilise their powers

· the skills and knowledge staff need to give effect to the governance model

· whether updates are required to other policies, systems and processes to reflect more empowered local boards.

15. Local boards resolved their feedback related to empowerment at their March business meetings and this will be reported to the JGWP’s 6 May meeting. Feedback related to the allocation of decision-making responsibility will be considered within the scope of this current review.

Tātaritanga me ngā tohutohu

Analysis and advice

16. Informal feedback on the current allocation table from elected members and relevant business units was used to identify the scope of the review. Feedback suggests that the allocation table is still leading to confusion around governance roles and responsibilities. In practice many activities require both regional and local decisions, and there is actual and perceived complexity in giving effect to allocated decision-making.

17. Aside from an anomaly related to disposal decisions, the current review does not recommend any substantive changes to decision-making allocation. Some amendments are proposed to the text to help aid interpretation and flow. These include:

· refining the introductory text

· minor wording amendments to help make more explicit the governance roles and responsibilities

· closely aligning activity descriptions to the Groups of Activities in the long-term plan.

18. A key focus is on implementing the allocation table to help the organisation give better effect to allocated decision-making in practice. This includes:

· reviewing other relevant documents that may require updates

· considering training and guidance needs for staff

· awareness raising through communications and engagement.

19. Local board delegations are also scheduled to be reviewed separately.

Further consideration is required for some parks disposals

20. An issue has been raised with decision-making around some parks disposals. Table 1 shows the current position in terms of decision-making around different types of parks-related decisions.

Table 1: Decision-making responsibility for asset acquisitions and disposals

Type of decision	Current decision-maker	Basis for decision-making	Current constraints / process
Acquisition
Acquisition of local community assets (e.g. local parks, local community facilities)	Local boards	Allocation	Subject to budget parameters agreed with Governing Body
Acquisition of regional assets (e.g. stormwater assets, regional parks, regional facilities)	Governing Body	Allocation	Decisions made by relevant committee (as per GB terms of reference)
Disposal
Disposal as part of land exchange	Needs to be clarified
Disposal of service properties	Local boards	Delegation (from GB – statutory responsibility)	Service property optimisation framework
Disposal of non-service properties	Governing Body	Statutory responsibility	Asset recycling programme

21. The report to the Governing Body in 2021 [GB/2021/67] provided the policy intent of the changes to the current allocation table which was to allow local boards to make decisions relating to acquisition of new assets.

22. Historically, disposal decisions have been treated as sitting with the Governing Body (as a statutory responsibility). But this is difficult in practice where local boards make acquisition decisions as part of a land exchange, but not the related disposal decision.

23. Work is underway to consider whether, from a policy perspective, local boards should be able to make both the acquisition and disposal decision as part of land exchanges, and whether this should be allocated or delegated.

Clarifying decision-making over stormwater activities in relation to local parks activities

24. Current landowner approvals processes for council-led stormwater activities do not align with the existing allocation table and the LGACA. This has contributed to inefficiencies where a part of council wants to undertake a stormwater activity on council land.

25. Council’s stormwater, flood resilience and water quality activities are generally regional in nature. As per the current allocation table, decision-making for all these activities sits with the Governing Body to ensure a coordinated, consistent approach across the network and integration with other regulatory related decisions. This position remains the same regardless of how the land is held – whether as a regional or local asset.

26. Under the allocation table, local boards are allocated decision-making responsibilities for local parks. Staff are not proposing any changes to the allocated responsibilities of local boards and consider that the explanatory note in the allocation table adequately explains how the overlap in responsibilities will be managed. This states “[t]he decision-making of local boards in relation to local parks may be constrained where decisions relate to council stormwater management activities, including the stormwater network”.

27. Under the local board delegation protocols, Land Advisory staff have been delegated responsibility for land use consents. Staff have interpreted this mandate to be broad, because of the broad responsibilities of local boards for determining ‘use of and activities within local parks’. The delegation protocols require that staff consult with local boards before making these decisions and refer the matter to them if the local board calls the delegation in as the “landowner”.

28. However, this is contrary to the LGACA, where decision-making responsibilities are allocated for particular activities (as opposed to categories of land) and the land remains owned by Auckland Council.

29. Therefore, in line with the allocation table, Healthy Waters, instead of Land Advisory, will now seek the views of local boards before taking a decision on whether to proceed with the proposed stormwater works. The experience of local boards should not be different to consultations over landowner approval applications. The only difference will be the local board’s ability to ‘call in’ a decision.

30. This revised process is consistent with the allocation of decision-making responsibility for stormwater activities to the Governing Body (and Healthy Waters under delegation).

31. When a stormwater activity is proposed to occur on a local park, staff will carefully consider the views and preferences of local boards and will be mindful of other local activities on parks when making decisions, consistent with the process previously undertaken by Land Advisory. Similarly, there is still potential for escalation of decision-making where the proposal is not supported by the relevant local board. Diagram 1 outlines this process.

Diagram 1: Decision-making process for stormwater activities

32. Staff recommend that this process be reviewed with local boards in six months’ time. Any issues arising will be considered through the next annual review of the allocation table or, through the local board delegation protocols which are due to be reviewed later this year.

Tauākī whakaaweawe āhuarangi

Climate impact statement

33. There are no climate impacts associated with local boards providing their feedback.

34. Climate impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. Feedback was sought from relevant business units who give effect to the allocation of non-regulatory activities through provision of advice.

36. Key themes from their feedback are as follows:

· The need to be more explicit on the extent of the local board / Governing Body role, where there are overlaps and limitations are not made clear.

· Some activities could be further specified e.g. priority locations for development, place-shaping vs place-making etc.

· Work to ensure staff understand where decision-making responsibility sits, and how best to give effect to the shared governance principles in practice.

· More guidance and definitions would help to understand the nature of decision-making.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

37. Local board views are being sought through this report.

38. Local impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Tauākī whakaaweawe Māori

Māori impact statement

39. There are no Māori impacts associated with local boards providing their feedback.

40. Māori impacts for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā ritenga ā-pūtea

Financial implications

41. There are no financial implications associated with local boards providing their feedback.

42. Financial implications for individual decisions by way of the application of non-regulatory decision-making are determined on a case-by-case basis.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43. There are limited risks associated with local boards providing their feedback. The main risks are outlined in Table 2 below.

Table 2: Risk identification and mitigation

Main risks	Consequence	Likelihood	Comments and risks management strategies
Delay in adoption of the refreshed allocation table	Medium	Low	The allocation table must be adopted by the Governing Body by the end of May to meet the LTP timeframes. Careful project management is in place to ensure milestones are met.
Local boards are not satisfied with the scope of their decision-making powers	Medium	Medium	Local board views will continue to be considered as part of the “Empowering Local Boards” workstream. A range of levers will be considered as to how to empower local boards. This includes, but is not limited to, allocated decision-making.

Ngā koringa ā-muri

Next steps

44. Local board feedback will be assessed to inform final recommendations on the review of the allocation table.

45. All feedback will be reported to the Governing Body for their consideration, before the Governing Body is asked to adopt the refreshed allocation table at their meeting on 30 May.

46. The allocation table will be included in volume two of the Long-term Plan 2024-2034.

47. Staff will implement activities that support the organisation to give effect to the allocation table. These activities include developing guidance, considering learning and development needs, and outreach to relevant business units via communications and engagement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Decision-making responsibilities of Auckland Council's Governing Body and local boards	91

Ngā kaihaina

Signatories

Author

Christie McFadyen - Senior Local Board Advisor

Authorisers

Louise Mason - General Manager Local Board Services

Manoj Ragupathy - Local Area Manager Franklin, Papakura, Manurewa

Chairperson	Angela Fulljames
Deputy Chairperson	Alan Cole
Members	Malcolm Bell JP
	Sharlene Druyven
	Gary Holmes
	Amanda Hopkins
	Andrew Kay
	Amanda Kinzett
	Logan Soole

No.	Title	Page
a ⇩	5 March 2024 Franklin Local Board workshop record	105
b ⇩	12 March 2024 Franklin Local Board workshop record	107
c ⇩	19 March 2024 Franklin Local Board workshop record	109
d ⇩	26 March 2024 Franklin Local Board workshop record	111

Author	Denise Gunn - Democracy Advisor
Authoriser	Manoj Ragupathy - Local Area Manager Franklin, Papakura, Manurewa