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Regulatory and Safety Committee
04 February 2025
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1 Ngā Tamōtanga | Apologies
2 Te Whakapuaki i te Whai
Pānga | Declaration of Interest
There were no declarations
of interest.
3 Te Whakaū i
ngā Āmiki | Confirmation of Minutes
4 Ngā
Petihana | Petitions
There were no
petitions.
5 Ngā
Kōrero a te Marea
| Public Input
There was no
public input.
Te Mihi | Acknowledgement
Cr Filipaina
acknowledges Craig Hobbs’ mahi as the Regulatory Director and Lead
Officer for the Regulatory and Community Safety Committee earlier in this term
and wishes him well at the Waikato Council.
6 Ngā
Kōrero a te Poari ā-Rohe Pātata | Local Board Input
There was no
local board input.
7 Ngā Pakihi
Autaia | Extraordinary Business
There was no
extraordinary business.
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10
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Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) - 4 February 2025
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Note: changes
were made to the original motion, adding new clauses c), with the agreement
of the meeting.
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Resolution
number RSCCC/2025/5
MOVED by Cr A
Filipaina, seconded by Deputy Mayor D Simpson:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the Summary of Regulatory and Safety Committee information
memoranda, workshops and briefings – 4 February 2025.
b) tuhi
ā-taipitopito / note the progress on the Forward Work Programme appended
as Attachment A of the agenda report.
c) tono/ request staff provide advice to the
committee on bringing forward the sections of the Navigational Bylaw review
that relate to removal of discretion for mandatory lifejackets.
CARRIED
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11
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Objection
to stormwater works at 116A Forrest Hill Road
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PowerPoint
presentations were given. Copies have been placed on the official minutes and
are available on the Auckland Council website as minutes attachments.
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Deputy
Mayor D Simpson retired from the meeting at 10.43am.
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The
hearing commenced at 10.20am in relation to the objection to proposed
stormwater works at 116A Forrest Hill Road, Forrest Hill.
Council
staff addressed the committee and outlined the proposed stormwater works and
responded to questions. The council has determined that the works constitute
necessary public stormwater improvements. The council has issued a notice
under section 181(2) of the Local Government Act 2002, informing the
landowners of its intention to construct the works as a council project.
The
objector / their legal representative addressed the committee and outlined
their objection to proposed stormwater works at 116A Forrest Hill Road,
Forrest Hill.
Council
staff were given the opportunity to reply to the matters raised by the
objectors and provide the committee with final comments.
The
hearing concluded at 11:34am.
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Attachments
a 4 February 2025, Regulatory and Safety
Committee, Item 11: Objection to stormwater works at 116A Forrest Hill Road -
Auckland Council Healthy Waters presentation
b 4 February 2025, Regulatory and Safety
Committee, Item 11: Objection to stormwater works at 116A Forrest Hill Road -
objectors presentation
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The meeting adjourned at 11.34am and reconvened
at 11.41am.
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12
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Objection
to stormwater works at 78 Onewa Road
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A
PowerPoint presentation was given. A copy has been placed on the official
minutes and is available on the Auckland Council website as a minutes
attachment.
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The
hearing commenced at 11.41am in relation to the objection to proposed
stormwater works at 16 Bush View Lane, Northcote.
Council
staff addressed the committee and outlined the proposed stormwater works and
responded to questions. The council has determined that the works constitute
necessary public stormwater improvements. The council has issued a notice
under section 181(2) of the Local Government Act 2002, informing the
landowners of its intention to construct the works as a council project.
The
objector addressed the committee and outlined their objection to proposed
stormwater works at 16 Bush View Lane, Northcote.
Council
staff were given the opportunity to reply to the matters raised by the
objectors and provide the committee with final comments.
The
hearing concluded at 12.10pm.
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Attachments
a 4 February 2025, Regulatory and Safety
Committee, Item 12: Objection to stormwater works at 116A Forrest Hill Road -
Auckland Council Healthy Waters presentation
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13 Te Whakaaro ki ngā Take Pūtea e
Autaia ana | Consideration
of Extraordinary Items
There was no consideration
of extraordinary items.
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Public Excluded
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Resolution
number RSCCC/2025/6
MOVED by Deputy Chairperson L Fuli, seconded
by Cr K Leoni:
That the Regulatory and Safety 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:
11 Objection to
stormwater works at 116A Forrest Hill Road
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(a) -
The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person. The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
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s48(1)(a)
The public conduct of the part of the meeting would be likely to result in
the disclosure of information for which good reason for withholding exists
under section 7.
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12 Objection to
stormwater works at 78 Onewa Road
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(a) -
The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person. The public conduct of
the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
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s48(1)(a)
The public conduct of the part of the meeting would be likely to result in
the disclosure of information for which good reason for withholding exists
under section 7.
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The text of these resolutions is made available to the public who are
present at the meeting and form part of the minutes of the meeting.
CARRIED
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12.12pm 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.
12.38pm The public was re-admitted.
RESTATEMENTS:
It was resolved while the public was
excluded:
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11
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Objection to stormwater works at 116A Forrest Hill Road
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That the Regulatory and Safety
Committee:
a) hear
and determine the objections by the owner of 116A Forrest Hill Road according
to clause 1(e) of Schedule 12 of the Local Government Act 2002
b) whakatau / resolve that the council will proceed with the
extension of the public stormwater network from 116A Forrest Hill Road (as
detailed in Attachment A – approved engineering plans), according to
clause 1(e)(ii) of Schedule 12 of the Local Government Act 2002.
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
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Reason for decision
The Objector raised concerns regarding the
ability to construct the works in the small space between the Objectors deck
and boundary trees and that section 181 does not authorise the removal of the
Objector’s deck. The Objector also provided evidence that suggests
only 2 dwellings could be served by the existing infrastructure and that
additional units will result in flooding of their property. Issues were
also raised regarding alleged errors in the business case/assessment of
alternatives.
Heathy Waters provided consultant and staff
engineering evidence that the works could be undertaken without the need to
remove the Objector’s deck. The works proposed do not include
removal of the deck. If the deck is damaged, Healthy Waters indicated it
would remediate the deck, which would be replacement rather than patching any
damage. The engineering evidence also confirm capacity in the network to
serve the proposed development at a 1 in 10 year flood event, which is Council’s
standard service level.
The Objector raised alleged defects in the
Council’s statutory notice under Schedule 12 of the LGA. While the
notice referred to there being an existing 1050mm inspection chamber on the
Objector’s property based on Council’s GIS records, the Objector
stated this was incorrect and this was confirmed by a site visit. The
existing structure is in fact a non-access chamber. The Objector also
claimed that the beneficiary of an easement for services also required service
of the s181 notice.
Clause 1(e)(ii) of Schedule 12 of the LGA
allows a territorial authority to determine to proceed with the works proposed,
with or without any alteration that the territorial authority thinks fit.
Healthy Waters proposed to amend the works in response to the Objector’s
submission to replace the under-size manhole, rather than start the statutory
process again. The Committee considers the proposed drainage works are
necessary to serve the proposed development and that option 1 is the preferred
option for servicing for the reasons given in agenda report. The
Committee agreed with the position of Healthy Waters that the beneficiary of an
easement is not an owner or occupier of the land such that they required
service of the s181 notice.
For the reasons given above, the Committee
resolves to proceed with option 1 with the necessary amendment to replace the
non-inspection chamber with a 1050mm inspection chamber.
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12
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Objection to stormwater works at 78 Onewa Road
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That the Regulatory and Safety
Committee:
a) hear and determine the objections by the owners of 16 Bush View Lane according to clause 1(e) of Schedule 12 of
the Local Government Act 2002.
b) whakatau / resolve
that Auckland Council will proceed with the extension of the public
stormwater network from 78 Onewa Road (as shown in Attachment
A – approved engineering plans), according to clause 1(e) of Schedule
12 of the Local Government Act 2002.
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
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Reason for decision
Objections in relation to this matter were
heard and determined by the Committee on 3 December 2024. Unfortunately,
one objection was missed by staff and that objector has the right to be heard
on their objection.
Auckland Council’s Healthy Waters
department explained the options to serve the new development at 78 Onewa
Road. Option 1 was considered most suitable as it was more direct route,
created less disruption for affected property owners, has lower construction
risks and provided easy access for future maintenance compared to option
2. Option 3 was the most direct route but involved pumping uphill which
is not supported and is a last resort where gravity flow options are not
available.
The Objector raised issues concerning
consultation on the project, driveway access during works, and constraints with
the existing drainage resulting in overflows and back-flows.
Engineering advice on behalf of Heathy
Waters confirmed that public stormwater pipes are design to handle 1 in 10 year
flood events, not all rainfall events. The network has capacity to take
the additional connections within that operating parameters and retention tanks
are part of the development proposal. Heathy Water’s contractors
are used to working on projects where access is required to be maintain or
provided at short notice and this can be addressed as part of the construction works
plan. The Objector did not provide any evidence that the drain works were
not necessary to serve the proposed development.
The Committee considers that the drain
works are necessary and determines that Auckland Council will proceed with the
works as proposed in option 1.
12.38 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 Regulatory and Safety Committee
HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
