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Resolution
number PEPCC/2025/139
MOVED by Chairperson
R Hills, seconded by Deputy Chairperson A Dalton:
That
the Policy and Planning Committee:
a) whakaae
/ agree to not reject the private plan change request under clause 25(4) of
Schedule 1 of the Resource Management Act 1991 on the basis that:
i) the
private plan change request is not frivolous. The requestor has provided
sufficient supporting technical information, and the private plan change
request has a resource management purpose
ii) the
private plan change request is not vexatious, and the requestor is not acting
in bad faith by lodging the private plan change request
iii) the
substance of the private plan change request has not been considered within
the last two years and no fast-track resource consent applications have been
made with respect to the land
iv) having
regard to relevant case law, a coarse level of assessment (Attachment B of
the agenda report) of the private plan change request indicates that
v) it
may be contrary to sound resource management practice and could make the
Auckland Unitary Plan (Operative in Part) inconsistent with Part 5 of the
Resource Management Act 1991. This is because of matters associated with capacity issues for bulk water supply in the
short to medium term. However, on balance, it is considered more appropriate
to enable this and other aspects of the private plan change request to be
thoroughly tested through the submission and hearings process than to reject
it.
vi) the
provisions of the Auckland Unitary Plan (Operative in Part) that are subject
to the private plan change request have been operative for at least two
years.
b) whakaae
/ accept the private plan change request from Cabra Developments Limited to
rezone 16.5 hectares of combined area land at 15, 17, and 17A Clarks Lane,
and 10, 12, 14 and 16 Sinton Road, as detailed in Attachment A of this agenda
report, and pursuant to clause 25(2)(b) of Schedule 1 of the Resource
Management Act 1991 for the following reasons:
i) accepting
the private plan change request will enable a range of matters to be
considered on their merits during a public participatory process
ii) it
is inappropriate for Auckland Council to adopt the private plan change
request
iii) following
other plan changes that have recently been processed in this area, there is
an increasing base of knowledge about potential infrastructure timing and
effects
iv) the
grounds to reject a private plan change request under clauses 25(4) and
25(4A) of the First Schedule of the Resource Management Act 1991 are limited
and while two grounds are met by this plan change request, it is recommended that the council exercise its discretion and
not reject the private plan change request
v) it
is not appropriate to deal with the private plan change as if it was a
resource consent application. This is because the current Future Urban zone
and Open Space-Informal Recreation zone that currently apply to the plan
change area are not suitable for residential subdivision and development.
c) tāpae
/ delegate authority, to the Chairperson and Deputy Chairperson of the Policy
and Planning Committee and a member of Houkura-Independent Māori
Statutory Board, to approve a council submission that seeks that this private
plan change request be declined unless it is modified to address the matters
raised in the agenda report and other relevant matters are appropriately
addressed, including (but not limited to) the esplanade reserve provisions,
changes to the private plan change request to ensure that development is not
enabled until there has been provision of infrastructure (e.g. through
strengthening the objectives, policies and precinct provisions included in
the private plan change request), and changes to address stormwater and
flooding issues, transport requirements and water supply and wastewater
issues.
d) tāpae
/ delegate authority to the Manager Planning – Regional, North, West
and Islands to undertake the required notification and other statutory
processes associated with processing the private plan change request.
CARRIED
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