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W A I T A K E R E C I T Y C O U N C I L<br />

MINUTES OF A HEARING BY A COMMISSIONER HELD IN THE COUNCIL CHAMBER AT<br />

WAITAKERE CENTRAL, 6 HENDERSON VALLEY ROAD, HENDERSON, WAITAKERE,<br />

ON TUESDAY, 12 OCTOBER 2010, AND RECONVENED ON WEDNESDAY, 13<br />

OCTOBER 2010 COMMENCING AT 9.30 AM<br />

PRESENT: Commissioner: J Childs<br />

IN ATTENDANCE:<br />

Manager: Resource Consents – B Allerby<br />

Team Leader: Resource Consents - M Wright<br />

Resource Planner - K Spyve<br />

Senior Strategic Advisor: Urban Planning and Design – M McKelvie<br />

Principal Advisor: Heritage – A Wimmer<br />

Acoustic Specialist – M Riley<br />

Landscape Specialist: N Rattray<br />

Arborist: A Richards<br />

Ecowater Drainage Engineer – R Chand<br />

Principal Engineer - Transport Assets: S Shumane<br />

Committee Secretary: S Simiona<br />

1 NOTIFIED APPLICATION FOR NON-COMPLYING RESOURCE CONSENT UNDER<br />

SECTION 88 OF THE RESOURCE MANAGEMENT ACT 1991 BY LOPDELL HOUSE<br />

DEVELOPMENT LTD TO UNDERTAKE DEMOLITION, ALTERATIONS AND<br />

ADDITIONS TO LOPDELL HOUSE (CATEGORY I ITEM); REFURBISHMENT OF<br />

LOPDELL HALL (CATEGORY II ITEM), WORKS WITHIN THE DRIPLINE OF<br />

HERITAGE VEGETATION (ENGLISH OAK), THE CONSTRUCTION OF A CAR PARK<br />

BUILDING, VEGETATION ALTERATION AND EARTHWORKS ON 418 TITIRANGI<br />

ROAD, 500 SOUTH TITIRANGI ROAD AND ADJACENT ROAD RESERVE<br />

LUC 2008-1804<br />

Ward - Waitakere<br />

9.30 am Commissioner John Childs reconvened the Hearing and advised the order<br />

of speakers.<br />

9.36 am J Edgar, President of the Waitakere Ranges Protection Society submitter<br />

in opposition to the application presented evidence and responded to<br />

questions from Commissioner Childs. Mr Edgar also presented evidence<br />

to his personal submission in opposition to the application and responded<br />

to questions from Commissioner Childs.<br />

(Track No: 30) (Track Duration: 00:27.06)<br />

10.00 am KRM Littlejohn, Counsel for <strong>Auckland</strong> Playcentres Association Inc and<br />

Titirangi Playcentre submitters in opposition to the application presented<br />

evidence and responded to questions from Commissioner Childs. Mr<br />

Littlejohn introduced Kate Rose, Titrangi Playcentre Coordinator to read a<br />

statement on behalf of the Playcentre. Ms Rose responded to questions<br />

from Commissioner Childs.<br />

(Track No: 31) (Track Duration: 00:49:14)


Minutes -<br />

Hearing by Commissioner 2 13 October 2010<br />

10.47 pm Commissioner Childs asked <strong>Council</strong>’s Principle Engineer: Transport<br />

Assets a question about the width of the footpath outside Lopdell House.<br />

Mr Schumane responded stating that he agreed with the proposal by Mr<br />

Bryce Hall, Traffic Planning Consultant for the applicant.<br />

10.48 pm Commissioner Childs asked Mr Edgar a question about the landscape<br />

development plans proposed for the car park and perimeters of Lopdell<br />

House. Mr Edgar was not apposed to the landscape development plans<br />

but noted that it was mainly sub canopy planting.<br />

10.53 am S Ryan Counsel for the <strong>Auckland</strong> Kindergarten Association submitter in<br />

opposition to the application presented evidence and responded to<br />

questions from Commissioner Childs.<br />

(Track No: 33) (Track Duration: 00:41:42<br />

ADJOURNMENT<br />

11. 35am Commissioner Childs adjourned the Hearing until 11.50 am.<br />

11.56 am Commissioner Childs reconvened the Hearing.<br />

11.56 am M Barton, on behalf of the Titirangi Ratepayers and Residence Association<br />

Inc submitter in opposition to the application presented evidence and<br />

responded to questions from Commissioner Childs.<br />

(Track No: 34) (Track Duration: 00:44:51).<br />

12.42 pm R Richards, on behalf of the South Titirangi Ratepayers and Residents<br />

Association submitter in support of the application presented evidence and<br />

responded to questions from Commissioner Childs.<br />

(Track No: 35) (Track Duration: 00:07:25).<br />

12:49 pm P La Roche, submitter in opposition to the application presented evidence<br />

and responded to questions from Commissioner Childs.<br />

(Track No: 36) (Track Duration: 00:18.20).<br />

1.08 pm K Mora, submitter in support of the application presented evidence and<br />

responded to questions from Commissioner Childs.<br />

(Track No: 37) (Track Duration: 00:076.53).<br />

ADJOURNMENT<br />

1.18 pm Commissioner Childs adjourned the Hearing until 1.50 pm.<br />

1.56 pm Commissioner Childs reconvened the Hearing<br />

1.59 pm K Hardie, submitter in opposition to the application submitted evidence and<br />

responded to questions from Commissioner Childs.<br />

(Track No: 39) (Track Duration: 01:30:48).<br />

ADJOURNMENT<br />

3.28 pm Commissioner Childs adjourned the Hearing until 3.25 pm.<br />

3.36 pm Commissioner Childs reconvened the Hearing.


Minutes -<br />

Hearing by Commissioner 3 13 October 2010<br />

3.36 pm A Donald, submitter in opposition to the application submitted evidence<br />

and responded to questions from Commissioner Childs.<br />

(Track No: 41) (Track Duration: 01:11:11)<br />

ADJOURNMENT<br />

4.48 pm Commissioner Childs adjourned the Hearing until 4.55 pm.<br />

4.48 pm Commissioner Childs reconvened the Hearing.<br />

5.00 pm Commissioner Childs asked the <strong>Council</strong> officers if they had any concerns<br />

and general comment.<br />

<strong>Council</strong>’s Reporting Officer: Matthew Wright and other <strong>Council</strong> Officers<br />

responded to issues outlined in the Hearing that included:<br />

Matthew Wright: Reporting Officer<br />

• As author of the Section 42A Report, overall recommendation had not<br />

changed but with the reservation that matters raised in submissions in<br />

terms of copper run-off and contaminant was a significant issue and<br />

had not been clarified by either the applicant or <strong>Council</strong>’s Drainage<br />

Engineer<br />

• Tabled additional objectives and policies, as referred in the evidence<br />

by Ms Carr, and a comprehensive list of consent requirements. Minor<br />

initial changes to recommended conditions was also provided, but in<br />

the absence of any consultation.<br />

Sam Shumane: Principal Engineer, Transport Assets<br />

• The use of cushions as a traffic calming measure in South Titirangi<br />

Road.<br />

• Need for the car parking building<br />

Michael Riley – <strong>Council</strong>’s Acoustic Consultant<br />

• Construction site noise, mitigation could be by way of:<br />

- an construction noise management plan;<br />

- an acoustic fence around the construction site.<br />

• Agree with the noise condition when the building and refurbishment are<br />

completed.<br />

• Noise monitoring condition to be imposed.<br />

Melanie McKelvie – Senior Strategic Advisor:Urban Planning and Design<br />

• Support of the proposed screen on the eastern end of the car park<br />

deck adjacent to the playcentre, being 2 metres in height finished in a<br />

recessive colour, subject to the colour and design being submitted to<br />

<strong>Council</strong> for approval as a condition of consent<br />

• Advised that in relation to Condition 17, bullet point No. 6, the<br />

recommendation that the footpath associated with the carparking deck<br />

be relocated to the southern side is still considered appropriate and<br />

necessary. This consolidation of pedestrian movement, in combination<br />

with pedestrian priority of the footpath over the vehicle crossing, and<br />

the speed reduction associated with the speed cushions on South<br />

Titirangi Road, would all contribute to a more legible and safe<br />

pedestrian environment for users of the carpark.


Minutes -<br />

Hearing by Commissioner 4 13 October 2010<br />

• Confirmed that the use of exposed aggregate on the car park ramp<br />

was acceptable. The current condition also allows for tinted concrete<br />

and it was agreed that this could be deleted. recommend that the<br />

footpath from Titirangi Road through the new car park building be<br />

relocated to the southern side thus consolidating all pedestrian<br />

movements to the same side and therefore providing a safer<br />

environment for users of the footpath.<br />

• Advised that the widening of the footpath on Titirangi Road outside of<br />

Lopdell House by shifting the existing on-street carparks northwards to<br />

align with the existing carparks to the west, is necessary to provide a<br />

footpath of sufficient capacity to cater for the anticipated pedestrian<br />

movement, and provide opportunities for outdoor dining.<br />

Ms Alina Wimmer – Principal Advisor, Heritage<br />

• Heritage Issues:<br />

- the glass canopy does not pose a heritage issue.<br />

- the proposed banner also poses no heritage issues.<br />

• Floodlighting of the car park would be an enhancement to the original<br />

building at night.<br />

• The proposed colour scheme for the building was considered to be<br />

appropriate<br />

ADJOURNMENT<br />

Mr Andrew Richards–Arborist<br />

• Proposed vegetation is sub canopy as many of the existing trees are<br />

forming the tall canopy and therefore the sub canopy planting will be<br />

an enhancement.<br />

• The cypress trees should be removed as they are planted too close to<br />

Lopdell House, they are going to increase in size and could have a life<br />

span of 120 years if they like their habitat.<br />

• Much of the proposed vegetation appears to be suitable to an under<br />

canopy environment and this would be suitable as many of the existing<br />

trees form an upper canopy, which in turn creates such an under<br />

canopy environment. Because of this the proposed planting is<br />

considered suitable.<br />

• The quality growing environment available to the cypress trees is<br />

limited due to the trees close proximity to Lopdell house. This close<br />

proximity would not provide for the trees potential growth and their<br />

need to sustain this without them coming into conflict with parts of<br />

Lopdell house over their expected life span that could be as long as<br />

120 years. The need to avoid property damage provides reason to<br />

consider the removal of the cypress trees.<br />

(Track No: 42) (Track Duration: 00:56:00)<br />

5.56 pm Commissioner Childs thanked everyone for their attendance adjourned the<br />

Hearing until after receipt of the written right of reply by applicant, due by<br />

Wednesday, 20 October 2010. Commissioner Childs advised that he<br />

would then close the Hearing deliberate the decision in private and that the<br />

decision would be forwarded to the <strong>Council</strong> before 1 November 2010.

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