May-June 2018 Local Board Member Report

WLB logo croppedPurpose

This report covers my Waitematā Local Board Activities in April to mid-June 2018 as Lead of the Planning and Heritage portfolio; co-holder of the Transport portfolio; Local Board representative on the Parnell Business Association; and member of the Auckland Domain Committee.

Executive Summary

  • I attended the ANZAC Day civic ceremony at the War Memorial Museum, on behalf of the Local Board, on 25 April with Member Avendaño-Christie
  • The application for 51-53 Albert Street (BUN60308038, LUC60308036, DIS60308037), backing on to Saint Patrick’s Square, to change the use of the building from residential apartments to part residential and part hotel use, reduce the overall height of the building, remove the consented basement with stacked car parking and relocate vehicle access to the site for service vehicles and taxis from Albert Street to St Patrick’s Square was considered by the Duty Commissioner on 2 May who determined full public notification. The applicant has indicated they will not proceed with this application. The applicant has submitted a new section 127 application. This application is the same as the application previously submitted but proposes the removal of all vehicle access to the site. More information is provided on this below
  • I keep track of resource consent applications as they are received by Council, requesting further information, plans and Assessments of Environmental Effects for applications of interest. Significant applications are referred to the relevant residents’ associations for their input which I then relay to planners as part of the Local Board’s input. Reporting of resource consent applications, planning portfolio input, hearings and decisions in the Local Board area for this month is detailed in the Heritage, Urban Design and Planning section of this report under the headings ‘Planning’: ‘Resource Consents’.

Portfolio Report: Heritage and Planning

Portfolio Responsibilities

Heritage, Urban Design and Planning covers a mix of regulatory and non-regulatory activities including city planning and growth, heritage protection, urban design requirements, Local Board resource consent application input, and bylaw development, including advocacy to achieve local priorities relating to heritage preservation, good urban design and spatial planning. Regulatory and policy oversight of local liquor licensing, signs & billboards, and brothels.

Liquor Licensing

I have been reviewing the rules as they apply to Local Board input into both new and ongoing liquor licence consenting following on from a discussion of various matters with the Newton Business and Residents’ Association.

Resource Consents

The portfolio request information on resource consent applications of interest as a matter of course. The Local Board can have input into the decision on public notification of a resource consent application but not into the substantive matters of the application. The input of the Local Board is not binding on the commissioner making the decision. Nonetheless, on some significant applications we will include substantive comments along with our views on notification.

  • 250-254 Broadway, Newmarket. LUC60313038. Additions and alterations. 250-254 Broadway, Newmarket. LUC60313038. Additions and alterations. To undertake external alterations to the existing building, the alterations involve new horizontal cedar weatherboard cladding and new aluminium joinery. The existing building footprint, height, floor plan or street level elevations will remain unchanged. The applicants also seek a retrospective consent to legalise the existing signage. Reasons for consent applied for include: Restricted Discretionary Activity for alterations to a non-character defining or character supporting buildings pursuant to D18.4.2 (A11). Restricted Discretionary Activity for alterations to building facades that more than 25m2 where approximately 56m2 is proposed pursuant to H9.4.1 (A38). The Local Board did not have input into this application.
  • 11 Surrey Crescent, Grey Lynn. LUC60317194, SUB60317195. ‘Co-housing’ development involving substantial demolition & relocation of the existing building and the construction of 19 dwellings. This application is still being processed.
  • 45 Marine Parade, Herne Bay. CST60317056, LUC60317054. Reconstruct a coastal stairway and construction of a boatshed and ramp in the CMA. In the course of responding to previous coastal consent applications it has been made very clear to the Board that coastal consents are of very high public interest and boat sheds in particular are the type of application on which residents of the area wish to have input. An application of this nature – in coastal, public space – is of such obvious public interest, particularly after the recent75 Sarsfield Street, Herne Bay, consent matter, that if it were not notified questions would be asked as to what would be. The Local Board has therefore requested public notification of this application.
  • 36 Herne Bay Road, Herne Bay. LUC60317409. Residential additions and alterations. This application was forwarded to the Herne Bay Resident’s Association for comment and they did not raise significant concerns necessitating notification. The Local Board did not have input into this application.
  • 5-9 Madeira Lane, Grafton. LUC60315881. BUN60316066. DIS60316067. Apartment building and associated basement car parking. located within the business Mixed Use Zone. The application involves the demolition of all buildings on site and the construction of a 6-storey apartment building to contain 99 residential apartments, with basement parking for 59 car parks and 104 bike parks with vehicle and pedestrian access from Madeira Lane. The application also includes a regional consent for contamination. The application is generally in accordance with the majority of the development controls for the zone. So far the applicant has applied for the following infringements: Earth works between 1,000m² – 2,500m² and greater than 2,500m³ be considered to be a restricted discretionary Earthworks are calculated at 1,846m² and 4,767m³ and as such consent is required as a restricted discretionary activity. No regional consents for earthworks are required. Construction Noise levels exceed the requirements in table E25.6.27.1 as such consent is required by way of a restricted discretionaryactivity, in accordance with provision E25.4.1(A2). Vibration during construction will exceed the requirements. Consent is therefore required as a restricted discretionary activity under E25.6.30.(1)(b). Discharge of contaminants which do not meet the permitted standards under E30. relating to earthwork volumes. This is a E30.6.2 Controlled Activity; New buildings in the mixed use zone are a restricted discretionary activity in accordance with Table H13.4. Activity table (A45). Additionally, the volume of land disturbance and duration of will trigger controlled activity consent under the National Environmental standards. The Local Board did not have input into this application.
  • 9 Princes Street, Auckland Central. LUC60317453. Construction of a four-storey building for permanent and non-permanent accommodation. Resource consent application LUC60317453 proposes the construction of two 4-level buildings at 9 Princes Street, Auckland Central, to be flexibly used as either dwellings, or visitor accommodation. One building fronts onto Princes Street, the other fronts Bankside Street. The site is located within the Princes Street Historic Heritage Area, and the new buildings will be located adjacent scheduled heritage places located on the same site, including the Grand Hotel Façade, and the Bankside Cottage. The proposal forms part of the wider redevelopment of the site for ‘The International’ apartments, and would further increase the total building floor area on the site above the maximum that is permissible. The Local Board did not have input into this application.
  • 29-31 Beach Road, Auckland Central. LUC60319438. Construction of a 13-storey mixed use building. The proposal involves the demolition of existing buildings on the two lots representing the site and its redevelopment for visitor accommodation and retail activity.  The proposal consists of a 13 storey building incorporating 96 visitor accommodation units.  No parking is provided on the site though generous provision is made for cycling facilities.  The applicant and owner of the site is also the owner of the adjacent Antipodean Apartments development at 39-53 Beach Road.  Provision is made for the sharing of servicing/loading through the development at 39-53 Beach Road.   Resource consents are required for the demolition of buildings, erecting a new building, exceeding MTFAR (not excessive), infringement of building frontage alignment and height rule,  and NESC Contamination.  The proposal exceeds the maximum allowable gross floor area by a factor of 0.29:1 which is approximately 162m2.  Whereas MTFAR is 8:1 the proposal is 8.29:1.  Overall resource consent is required for a non-complying activity.
  • 103 Wellesley Street West, Auckland Central. LUC60319358. The construction and establishment of a hotel using part of the basement of the existing building with new construction of 10 storeys of non-permanent accommodation (hotel) and associated hotel facilities including lobby, reception and restaurant/bar. The application is for the construction of a new ten storey hotel building which is to contain 194 rooms, ground floor restaurant and foyer area with. A basement area is also proposed for servicing and loading with access from Wellesley Street, with guest drop off occurring via a one way ramp running between Nelson Street and Wellesley Street, with one more vehicle crossing than permitted. The building is to have a floor area ration of 6.5:1 where a maximum of 5:1 can be sought utilising bonuses.  Overall, consent is required as a non-complying activity.
  • 36-38 West End Road, Herne Bay. BUN60320072, LUC60320073, SUB60320075. Land use consent for alterations and additions to an existing villa on the site, the construction of a duplex unit at the rear and subsequent four-lot subdivision. the proposal also seeks to establish an esplanade strip at the rear of the site at a reduced width of 15m. The site is zoned Residential – Mixed Housing Suburban Zone under the Auckland Unitary Plan (Operative in Part) (AUP (OP)). The proposal infringes a number of standards including maximum height, height in relation to boundary, earthworks, reduction in yard setback, building coverage, vegetation clearance with a mean high water spring, width of the vehicle crossing, gradient of vehicle access and subdivision requiring a reduction in an esplanade reserve under the AUP (OP). The Auckland Unitary Plan (AUP OP) and s230 of the RMA require that where an allotment of less than 4 hectares is created by subdivision, an esplanade reserve of minimum 20m is required along the mark of mean high water springs of the sea. In accordance with s236 of the RMA, if land already has been set aside or reserved for public purposes that is less than 20 meters in width, a top up will be required to achieve a full 20 meters esplanade area. This includes where esplanade areas have been reduced through erosion or channel modification/realignment. In this case, the applicant has sought a reduction or waiver in esplanade area, therefore a discretionary activity consent is required.  In accordance with section 239 RMA esplanade reserves should vest free from all encumbrances and interests in land. Esplanade reserves should be in ‘fit for purpose’ (clear of buildings, retaining, parking, weed-free etc.) at the time of vesting’. Council must agree to accept any structures e.g. stormwater lines and outfalls in esplanade reserves prior to the consent being issued. If a reduction in esplanade reserve width is sought, restoration planting may be put forward by the applicant for the council’s consideration. The Parks department have been requested to provide input regarding the proposal.
  • 35 Laurie Avenue, Parnell. LUC60319981. The proposal is to remove the existing special character dwelling on the subject site and construct a new two-storey villa in the style of the original and consistent with the surrounding properties. The dwelling has a similar footprint to the existing. A pre-application meeting was held between Council and the applicant where it was advised that additional information to support its removal was required for Council’s Heritage team to assess. The proposed dwelling infringes the 8 metre maximum height standard for both the Single House and the Special Character Overlay zone by approximately 2.1 metres at the apex of the building. The proposal also infringes yard and HIRB standards as they relate to both the zone and overlay provisions. Upon reading the application materials it is clear that the owner has involved surrounding residents who care a great deal about their built environment. I also put this to the proposal to a representative of the Parnell Community Committee who raised no objections and considered the design to be a considered and consistent addition to the streetscape. The Local Board has had no further input on this application.
  • 18 Sunny Brae Crescent, Westmere. LUC60320349. The application seeks approval to construct a new two storey building, consisting of a 153m2 four-bedroom ground floor dwelling and a 87m2 two-bedroom lower floor level dwelling. Furthermore, a new vehicle crossing is proposed resulting in two vehicle crossings per 25 metre of frontage or part thereof.

Significant Resource Consent Matters

51-53 Albert Street, Auckland Central – Hotel on Saint Patrick’s Square


Albert Street Frontage

BUN60308038, LUC60308036, DIS60308037. This application has a long and complex history. The latest application, which is still awaiting s 92 RMA requests for information, is for a breach of the maximum total floor area ratio and will also deal with access by vehicle to the construction site and finished building by car and truck across the legal road part of Saint Patrick’s Square.

In February 2009, land use consent was granted to a previous site owner for the redevelopment of the site to construct a 46-storey residential apartment building including 15 mezzanine levels and 31 levels of residential accommodation under consent reference R/LUC/2006/7101. The building was proposed to accommodate 150 apartments, a café, a through-site link and 95 parking spaces. Separate vehicle entrances and exits are proposed from Albert Street, to provide access to the loading area and eight levels of carpark stacking within the basement. The consent provided for either demolition of the entire building (Option A) or reconstruction and retention of the Albert Street façade and demolition of the remainder of the building (Option B). The application was limited notified and 8 submissions were received. The [then] Auckland City Council determined to grant consent subject to a range of conditions.


Saint Patrick’s Square Frontage

The consent was subsequently appealed by two parties related to Saint Patrick’s Cathedral. This appeal was withdrawn following the approval of a variation to the consent (R/VCC/2009/1516) which addressed the concerns raised by the appellants regarding noise and geotechnical matters to do with extensive proposed basement excavations by significantly reducing the scale of excavation. A further variation to the original consent was approved on a non-notified basis in 2014 that modified Condition 2, which required the sites at 51-53 Albert Street and 55 Albert Street to be held together for development purposes (consent R/VCC/2006/7101/1).

In July 2013, consent was granted to extend the lapse period of the existing consent by 3 years from 18 February 2014 to 18 February 2017 (R/EXT/2006/7101/1). In August 2013, consent was sought and obtained for the demolition of the existing building only (R/LUC/2013/3468), that consent has now lapsed.

In December 2016, a section 127 RMA application was lodged to vary both the development and demolition consents to confirm that only Option B of the original consent (retention of the Albert Street façade and demolition of the rest of the building) would be pursued. This application was approved in January 2017. As part of the assessment of that application, Council’s Built Heritage Specialist, Dr Bryan Pooley, raised concerns regarding the proposed removal and re-instatement of the Albert Street façade, and regarding the loss of the St Patrick’s Square façade. These matters were addressed and another variation (R/VCC/2006/7101/3) was granted on 19 April 2017 with conditions changed to ensure the protection of the heritage building. The 51-53 Albert Street frontage – the former Dexter & Crozier building – now has a B-listing under the unitary Plan.

This application was considered by the Duty Commissioner on 2 May who determined full public notification. The applicant has indicated they will not proceed with this application. The applicant has submitted a new section 127 application. This application is the same as the application previously submitted but proposes the removal of all vehicle access to the site.

UPDATE: The varied application was on a non-notified basis: LUC60096872E Duty Commissioner Decision

Region-Wide Tree Works Application

TRE60317703. Council’s Arboriculture Team manages the arboricultural contracts for tree maintenance on roads and open spaces that Council own/manage. In 2017 new contracts for tree maintenance provided the opportunity to care for and maintain the public tree asset to levels that could not previously be achieved. To this end, the resource consent application seeks permission for region wide tree works and vegetation removal for operational management and maintenance. Principally these operations occur in open space zones and on road reserve and consent is sought for the following:
Removal of dead, declining or irrecoverably diseased trees when it is determined by the Arboriculture & Eco specialist that the tree is no longer a viable asset.
Removal of specific exotic wildling species, where they are self-seeded in a location that they are considered undesirable. Removal of pest plants as listed within Auckland Council’s Regional Pest Management Strategy. Pruning to achieve suitable clearances from structures and areas to allow for reasonable residential / commercial / community activities, where the pruning can be carried out without detrimental effects to the tree health or structure and does not exceed 30% of live growth. The Arborists see significant positive outcomes associated with the works that are undertaken to improve the overall health and vitality of the urban forest in Auckland. As noted in the application, where appropriate, the preference is to plant native trees as replacements. The underlying purpose of the application is to avoid the need for multiple individual resource consents for tree works.

Vos Yard Boatshed and Slipway

38 Hamer Street, Wynyard Quarter. LUC60318232. See my report of July 2015 for background on the Built Acquisition Fund financing of this project. The building and associated features have significant heritage value as the last remaining wooden boat-building yard in Auckland, associated with a notable boat builder, Percy Vos. The interior of the 1937 gabled shed remains with its original roof structure, stairs, office and rails. Waterfront Auckland obtained $1 million in funding from Auckland Council, through the 2012/2013 LTP, to acquire the site from Sanford’s who had consent to demolish and plans to re-develop. Work has been done since to determine an ongoing use and ownership model that justifies its restoration and maintenance. The vision is to create a visitor centre housing the restoration and maintenance of wooden boats and public facilities will be incorporated to showcase and transfer skills to new generations. Waterfront Auckland has already purchased the site for $4.7 million and undertaken to find a private sector third party to carry out the work and secure the balance of funding. Ownership will transfer to the third party when the restoration is complete. This application is to remediate the slipway and refurbish the boatshed.

Westhaven Marina Reclamation (Panuku) – Public Notification

BUN60318129 (LUC60318164, DIS60318166, CCST60318167, DIS60320011). This application will be publicly notified. Extension of the north-western breakwater and causeway (via land reclamation) at Westhaven Marina to connect to the north-eastern breakwater to create public open space, a car park area for public and private use, and access to new marina berths, including some which will replace existing pile moorings. The application is to be notified in the New Zealand Herald on 22 May 2018 with submissions closing 20 June 2018.

About Vernon Tava

Barrister. Lives in Auckland, New Zealand.
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1 Response to May-June 2018 Local Board Member Report

  1. Pingback: 51-53 Albert Street ‘Saffron’ Development | Vernon Tava

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