25 july 2013 - confirmed judicial committee minutes · pdf file3.3 review tcdc consolidated...

CONFIRMED Minutes

of the

Judicial Committee

Ordinary Meeting Date 25 July 2013 Venue Council Chamber

515 Mackay Street Thames

Present W Hoadley QSO (Chairperson) PA Brljevich LA Fox MK McLean JP

In Attendance

Name Item(s) Marion Smith (Regulatory Manager) All Items Peter Wishart (Planning Manager) All Items Emily Leighton (Judicial Advisor - Planner) All Items Vanessa Cooling (Strategy Policy/Analyst) Items 1.1, 1.2, 1.3, 1.4,

1.5, 2.1 & 2.2 Steve Baker (Chief Financial Officer) Items 1.1, 1.2, 1.3, 1.4,

1.5 & 2.2 Michael Jones (Principal Planner) Items 1.1, 1.2, 1.3, 1.4,

1.5, 2.1, 2.2 & 4.1 Steve Hart (Team Leader - Bylaws and Compliance) Item 3.1, 3.2, 3.3, Part

Items 4.1 & 6.2 John Kardas (Manager - Building Unit) Items 4.1, 3.1, 3.2, 3.3,

4.2, 6.1, 6.2 & 6.3 Alan James (Public) Items 1.1, 1.2, 1.3, 1.4,

1.5, 2.2 Tania McNeil (Public) Items 1.1, 1.2, 1.3, 1.4,

1.5, 2.2 Bruce Baker (Senior Policy Planner) Item 2.2 & Part Item

1.5 Sam Napia (Director - Strategic Relationships and Projects) Items 6.1, 6.2, 6.3

Meeting Commenced 09:02

Adjournments and Absences

Adjournment Start Finish Reason Chairperson 09:26 09:37 Adjourn to allow

applicant to discuss what charges they actually want waived.

Chairperson 10:05 10:28 Morning Tea

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Judicial Committee Minutes 25 July 2013

CONFIRMED 3

Table of Contents

Item Business Page No.

1 Meeting Conduct 4 1.1 Apologies 4 1.2 Items not on the Agenda 4 1.3 Conflict of Interest 4 1.4 27 June 2013 - Judicial Committee Minutes For Confirmation 4 1.5 Public Forum 5

2 Development Contribution Waivers 6 2.1 Development Contributions - Exemptions and Waivers 6 2.2 Request for Waiver of Development Contributions - SUB20120083 - 1000 and

1040 Tiki Road, Coromandel 6

3 Regulatory Group Reports 9 3.1 June 2013 - Regulatory Services Monthly Report 9 3.2 June 2013 Building Control Monthly Report 9 3.3 Review TCDC Consolidated Bylaw Part 20 Parking Control Amendments 2013 14

4 Planning Group Reports 14 4.1 June 2013 - Planning Group Monthly Report 14 4.2 July 2013 - Judicial Committee Action Schedule 15

5 Members Reports 17

6 Public Excluded 17 6.1 27 June 2013 - PUBLIC EXCLUDED Judicial Committee Minutes for Confirmation 19 6.2 July 2013 - Report to Judicial Committee - Leaky Home Update 19 6.3 July 2013 - PUBLIC EXCLUDED - Judicial Committee Action Schedule 19

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1 Meeting Conduct

1.1 Apologies

All members were present.

1.2 Items not on the Agenda

No extra items were received.

1.3 Conflict of Interest

The Chairperson invited notice from members of: 1. Any interests that may create a conflict with their role as an elected member relating to

the minutes item(s) for the meeting; and 2. Any interests in items in which they have a direct or indirect pecuniary interest as

provided for in the Local Authorities (Members’ Interests) Act 1968. The following interest was declared: Councillor Brljevich noted a conflict of interest in respect of Item 2.2 - Request for Waiver of Development Contributions - Sub20120083 - 1000 and 1040 Tiki Road, COROMANDEL.

1.4 27 June 2013 - Judicial Committee Minutes For

Confirmation

The Minutes of the previous Judicial Committee meeting held on 27 June 2013 were presented. The Committee wished to thank Helga Sheppard for taking the minutes for the meeting on 27 June 2013.

Resolved

That the Judicial Committee:

1. Received the report. 2. Confirmed the following Judicial Committee Minutes:

27 June 2013 - Judicial Committee Minutes.

Moved/Seconded By: Fox/Brljevich

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1.5 Public Forum

A period of up to 30 minutes is set aside for the public to raise matters falling within the terms of reference of the meeting. Each speaker may speak for three minutes but time extensions may be allowed on a vote of not less than 75% of members present at the meeting. Questions from members for information or clarification may be permitted by the Chairperson (Standing Orders Appendix F).

2.2 Development Contribution Waiver Tania McNeil and Alan James addressed the Committee on why they thought that Development Contributions should be waived for their development in Coromandel. They had to push their Business park proposal ahead as the other three partners were all in their 70's - if they had waited for the Council to change the zone as originally planned they feared that their business partners would no longer be with them. Lack of industrial zoned land in Coromandel for people to undertake their businesses - development will enable growth and business opportunities. A new road is to be vested in Council. No demand will be placed on Parks and Reserves in the District - the development allows for the provision to develop a boardwalk. The Development Contribution waiver they were seeking was the amount of $113,759.73 plus GST which was outlined in Ms Coolings report. Chair Hoadley allowed the panel to ask questions of clarification from the speakers. The area of the wetland to be created is 5400m2, will be vested in Council and is for stormwater purposes. Neighbouring properties will drain their stormwater into the wetland. Procedural point Councillor Brljevich requested to sit with the public speakers to act as their advocate as he was unable to participate in the discussion having declared a conflict of interest of helping the applicant with their application prior to the application for waiver of Development Contributions. It was noted that since declaring the conflict that Councillor Brljevich was not a decision maker and therefore was up to the Chair to determine whether it was a reasonable request. Chair Hoadley deemed that under the circumstances Councillor Brljevich could act as an advocate for the public speakers. It was noted that the Plan Change was granted for the development in 2011 and a subdivision has since followed. The applicant requests a waiver for the following reasons:

The development will not have a large demand on the district roading;

Industrial subdivision, not residential therefore not increasing residential base;

Solid waste will be collected by a contractor, not Council;

Lot 15 was to extend around the subdivision to be vested in Council for the purpose of reserve and allows for a boardwalk in the future;

Not connecting to the Council stormwater as using the wetland for this purpose. It was noted that the applicant accepts the water charge of $76,838.13 excl GST.

Resolved That the Judicial Committee: 1. Received the speakers in public forum.

Moved/Seconded By: Hoadley/McLean

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CONFIRMED 6

2 Development Contribution Waivers

2.1 Development Contributions - Exemptions and

Waivers

A report was provided to the Judicial Committee outlining a summary of waivers and reductions of development contributions granted from 1 January 2013 to 30 June 2013 for information purposes.

Resolved


1. Received the report.

Moved/Seconded By: Hoadley/Fox

2.2 Request for Waiver of Development Contributions -

SUB20120083 - 1000 and 1040 Tiki Road, Coromandel

A report was presented to the Judicial Committee to consider a request for a waiver of development contributions on a commercial subdivision at 1000 and 1040 Tiki Road, State Highway 25, Coromandel. Ms Cooling tabled Attachment A as a guide to the policy which was used to assess the application. Key Discussion Points

Discussion arose regarding the requested waiver was outside the scope of the policy. To be decided under the policy an application needed to be either a reduced amount or an application for significant public benefit.

It was noted that there were other forums that the applicant could look into that would allow for the opportunity to source funding for a development such as this. Suggested that the applicant speak to the Coromandel Community Board and look into economic development funding.

It was noted that the applicants were charged for Parks and Reserves, not Reserve Contributions as these can only be charged to residential development.

Councillor McLean proposed a recommendation that stormwater charge be excluded as there would be no additional demand and that the parks and reserves charges be reduced by 50%.

Concerns arose that not all of the land that was deemed to be a reserve had been included in the subdivision plan.

Chair Hoadley invited the applicants to the table in order to answer Councillors questions regarding the application.

The applicants noted that it was always their intention to give a 20m strip of land as an esplanade reserve and for a future boardwalk. It was noted by staff that this was an administration error in processing the subdivision consent and that this could be amended by a variation.

The Committee requested that the variation to the consent be undertaken by the next Judicial Committee meeting of 29 August 2013.

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CONFIRMED 7

Reasons for the decision:

That the impact on the Council's infrastructure for Solid Waste and Stormwater will be negligible.

That the applicants intend to vest to Council Lot 15 and the contiguous area identified on the subdivision plan as a possible Future Reserve Area as a public reserve which will include planting and a boardwalk.

Development contributions for District Transportation, Cemeteries/Public Conveniences/Land and Buildings, Community Transportation and Water have been assessed correctly in accordance with the Development Contributions Policy.

Further funding may be available from the Council to recognise the benefits of the development to the District's economy which cannot be provided for through a development contributions waiver.

Resolved


1. Receives the report. 2. A waiver of Solid Waste and Stormwater development contributions in their entirety 3. A reduction of Parks and Reserves development contributions by 50% ($8107.30 +

GST). 4. Confirms the development contributions charges for District Transportation,

Cemeteries/Public Conveniences/Land and Buildings, Community Transportation and Water as specified in the Council's advice letter of 14 May 2013.

5. The Judicial Committee recommended that the applicant investigate other Council funding options, for example, Community Board assistance or an Economic Development Grant.

Moved/Seconded By: McLean/Fox

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CONFIRMED 8

Attachment A

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CONFIRMED 9

3 Regulatory Group Reports

3.1 June 2013 - Regulatory Services Monthly Report

A paper was presented to the Committee outlining the key activities within Regulatory Services for the month of June 2013.

Resolved


1. Receives the report.

Moved/Seconded By: Brljevich/Fox

3.2 June 2013 Building Control Monthly Report

A report was presented to the Judicial Committee outlining the key activities and results for the Building Unit for the month of June. In June the Building Unit has resumed the Building functions of a Territorial Authority. Accordingly this report and from this point forward will include such building matters as BWof's, COA's, Building Investigations, Swimming Pools and Infringements. The report will be in three parts being BCA (Building Consent Authority), Territorial Authority functions and Financial.

Key Discussion Points Attachment B was tabled as an addition to the report in regards to failed inspections

for the Committees information. It was noted that there was a 22% failure rate for failed inspections.

Resolved


1. Received the report.

Moved/Seconded By: Brljevich/Fox

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CONFIRMED 10

Attachment B

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CONFIRMED 11

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CONFIRMED 12

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CONFIRMED 13

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3.3 Review TCDC Consolidated Bylaw Part 20 Parking

Control Amendments 2013

A report was presented to the Judicial Committee regarding the TCDC Consolidated Bylaw Part 20 Parking Control Bylaw Schedule A which requires amendments to reflect various changes since the bylaw was last reviewed in September 2009. This report is to update the Judicial Committee on the changes being recommended in the review and how the process to make those amendments will be managed.

Key Discussion Points It was noted that Opus Consultants failed to provide information to make changes to

the bylaw - expect a higher level of service.

Staff noted that the bylaw needs to be re-done as there are no-parking lines and signs that have no relevance where they are currently located.

Staff requested that the Committee recommend that the bylaw goes back out to the Community Boards for consultation.

The Committee requested that financial contributions for carparking need to be addressed.

Resolved


1. Received the report. 2. Recommended referring the suggested amendments to the relevant Community Board

where the amendments will take affect and then commence the consultative procedure.

Moved/Seconded By: McLean/Brljevich

4 Planning Group Reports

4.1 June 2013 - Planning Group Monthly Report

A report was presented to the Judicial Committee reporting on key activities within the Planning Group for the past month. The report also provided an update of those activities since the previous report to the Committee.

Key Discussion Points It was noted that the appeal for the Two Degrees application has a time extension due

to the issues around the Right of Way agreement.

Staff noted that the Court indicated that the Wilderland Decision will be released within 6 weeks.

Resolved


1. Receives the report.


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CONFIRMED 15

4.2 July 2013 - Judicial Committee Action Schedule

The Judicial Committee were provided with an update on the Judicial Committee Action Schedule.

Resolved


1. Received the report and Action Schedule as amended.


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CONFIRMED 16

Attachment C

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CONFIRMED 17

5 Members Reports

The Chairperson invited members to provide a brief verbal report on activities undertaken and meetings attended in the period since the last meeting. Members briefed Council on their attendance at meetings, events and raised matters of interest. Councillor Fox

Noted that submitters attending recent Resource Consent hearings complained about acoustics in the Council Chambers - made the proceedings very hard to hear.

It was noted that the Committee endorsed the view that the acoustics in the Council Chambers needed to be looked into. It was noted that both Councillor Brljevich and Councillor Hoadley attended the Making Good Decisions Chair Recertification Course.

Resolved That the Judicial Committee: 1. Receives the Members' Reports.


6 Public Excluded

Resolution to Exclude the Public Section 48, Local Government Official Information and Meetings Act 1987.

Resolved That the public: 1. Be excluded from the following parts of the proceedings of this meeting

namely:

Item Business 6.1 27 June 2013 - Public Excluded Judicial Committee Minutes

for Confirmation 6.2 Leaky Homes Claims - Update as at 16 April 2013 6.3 July 2013 - Public Excluded Judicial Committee Action

Schedule

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 are as follows:

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General Subject of Each

Matter to be Considered

Reason for Passing this

Resolution

Ground(s) Under Section

48(1) for the Passing of the

Resolution

27 June 2013 - PUBLIC EXCLUDED Judicial Committee Minutes for Confirmation

(7)(2)(g) – Maintain legal professional privilege.

(7)(2)(i) – Enable any local authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

(48)(1) – Subject to subsection (3) of this section, a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:

(48)(1)(a) – That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist.

Leaky Homes Claims - Update as at 16 April 2013




July 2013 - PUBLIC EXCLUDED - Judicial Committee Action Schedule



(48)(1) – Subject to subsection (3) of this section, a local authority may by resolution exclude the public from the whole or any part of the proceedings of any meeting only on one or more of the following grounds:


Moved/Seconded By: Hoadley/Brljevich

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6.1 27 June 2013 - PUBLIC EXCLUDED Judicial Committee

Minutes for Confirmation

The Judicial Committee were presented with a Public Excluded Minutes which are to remain in the Public Excluded Minute Book.

6.2 July 2013 - Report to Judicial Committee - Leaky

Home Update

The Judicial Committee were presented with a report on Leaky Buildings which is to remain in the Public Excluded Minutes.

6.3 July 2013 - PUBLIC EXCLUDED - Judicial Committee

Action Schedule

The Judicial Committee were presented with a Public Excluded Action Schedule which is to remain in the Public Excluded Minute Book.

Resolved That the public be re-admitted to the meeting and resolutions taken with the public excluded be confirmed in the public session except for the following items which are to remain in the Public Excluded Minute Book. Item Description 6.1 27 June 2013 - Public Excluded Judicial Committee Minutes for

Confirmation 6.2 Leaky Homes Claims - Update as at 16 April 2013 6.3 July 2013 - Public Excluded Judicial Committee Action Schedule


Meeting Closed at 12:19 The foregoing Minutes were certified as being a true and correct record of the meeting of the Judicial Committee held on 25 July 2013.

Chairperson _______________________________________ Date ____________________

25 july 2013 - confirmed judicial committee minutes · pdf file3.3 review tcdc consolidated...

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