I hereby give notice that a hearing by commissioners will be held on: Date: Time: Meeting Room: Venue: Wednesday, 22 December 2010 9.30am Committee Meeting Room Level 15, Civic Administration Building 1 Greys Avenue, Auckland City HEARING AGENDA 127-131 NEWTON ROAD, EDEN TERRACE NEWTON TECHNOLOGY CENTRE LIMITED COMMISSIONERS Chairperson Commissioners Miss L McGregor Mr G Hill Ms K Sinclair Jason Marris HEARINGS MANAGER Contact Name: Ms Julie McKee Contact Telephone: 307 7305 (DDI) Email: julie.mckee@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz Note: The reports contained within this agenda are for consideration and should not be construed as a decision of Council. Should Commissioners require further information relating to any reports, please contact the Hearings Manager. WHAT HAPPENS AT A HEARING INTRODUCTION At the start of the Hearing the Chairperson will introduce members of the Hearing Panel and staff and will briefly outline the hearing procedure. The Chairperson may then call upon the parties to the Hearing to identify themselves for the Hearing Panel. If any party intends to give written or spoken evidence in Maori, the Committee Secretary Hearings must be informed of this at least 5 working days prior to the hearing so that a qualified interpreter can be provided. The Chairperson is addressed as Mr Chairman or Madam Chair. THE HEARING PROCEDURE The usual Hearing procedure for the meeting is as follows: 1. The applicant will be called upon to present his/her case. The applicant may decide to engage legal counsel or consultants to appear on his/her behalf and may call witnesses in support of the application. Thereafter members of the Hearing Panel may ask questions to clarify the information presented. 2. Submitters (for and against the application) are then called upon to speak. Submitters may be represented by legal counsel or advisers and may call witnesses on their behalf. Each speaker may be questioned in turn by the Hearing Panel. 3. Should you wish to present written information in support of your application or submission, it would be helpful if you would provide copies for each panel member, for other parties to the application and for Council’s Planner and Committee Secretary - Hearings. 4. Only members of the hearing panel can ask questions about submissions or evidence. You can suggest questions for the panel to ask, but the panel does not have to ask them. No cross examination either by the applicant or by those who have lodged submissions is permitted at the Hearing. 5. After the applicant and submitters have presented their cases, the Chairperson may call upon Council officers to comment on any matters of fact or clarification. 6. When all those who lodged submissions and who desired to be heard have completed their presentations, the applicant or his/her representative has the right to summarise the application and reply to matters raised by submitters. Members of the Hearing Panel may ask further questions of the applicant at this stage. 7. The Chairperson then generally closes the Hearing and the applicant, submitters and their representatives leave the room. The Hearing Panel will then deliberate “in committee” and make its decision by way of formal resolution. Decisions are made available within 15 working days of the Hearing. 8. Approximately one week prior to the hearing a timetable for all submitters who wish to be heard will be prepared. Please note that during the course of the hearing, changing circumstances may mean that the proposed timetable is delayed or brought forward. Submitters wishing to be heard are therefore requested to ensure that they can be available to attend the hearing and present their evidence, as and when they may be required. The Committee Secretary - Hearings will notify submitters at the earliest possible opportunity to advise on any changes to the timetable. 9. Please note that no catering is provided at the hearing. 127-131 Newton Road, Eden Terrace Date: Wednesday, 22 December 2010 A LIMITED NOTIFIED DISCRETIONARY ACTIVITY RESOURCE CONSENT APPLICATION BY NEWTON TECHNOLOGY CENTRE LIMITED TABLE OF CONTENTS PAGE NO. 5-58 Planner’s Report Appendix A Application Plans 59-88 Appendix B Applicant’s Planning Report and Attached Expert Reports 89-146 Appendix C Approved Resource Consents for 133-135 Newton Road 147-170 Appendix D Requested Information Pursuant to Section 92 of the RMA 171-258 Appendix E Council Infrastructure, Geotechnical and Stability Assessment 259-266 Appendix F Council Urban Design Assessment 267-272 Appendix G Council Transportation Assessments 273-285 Appendix H Council Environmental Health Speclialist Assessment 287-290 Appendix I Council Environmental Nosie Specialist Assessment 291-296 Appendix J Written Approvals Obtained by Applicant 297-318 Appendix K Submissions 319-338 Appendix L Subsequent Correspondence re: Submissions 339-344 Appendix M Notification Assessment Pursuant to Section 95 of the RMA 345-372 Appendix N District Plan Objectives, Policies and Assessment Criteria 373-388 Planner, Ms Nicola Bishop Reporting on an application to construct a new six-storied building at the rear of the site to provide for 16 residential apartments and associated parking that will connect to the existing four-storied office complex to provide a mixed-use development at 127-131 Newton Road, Eden Terrace. The planner is recommending, subject to contrary or additional information being received at the hearing, that the application be CONSENTED to, subject to certain conditions. APPLICANT: NEWTON TECHNOLOGY CENTRE LIMITED Page 3 127-131 Newton Road, Eden Terrace Date: Wednesday, 22 December 2010 SUBMITTERS: Page 321 Kester Holdings Limited PO Box 25652 St Heliers Page 322 Marcus Tsui 2K Diamond Street Eden Terrace Page 324 TM, DAM & SM Cavanagh 18 Valdena Avenue Albany Page 329 Janine Corrick Chimera Trust 11A Churches Avenue Three Kings 77 St Heliers Bay Road St Heliers Chivalry Enterprises Ltd PO Box 68 319 Newton Watts Family Trust PO Box 68 319 Newton Page 330 Norwich Industries Ltd LATE SUBMITTER: Page 334 Maurice Norton INFORMAL SUBMITTER: Page 335 Peter Watts Page 4 127-131 Newton Road, Eden Terrace Date: Wednesday, 22 December 2010 127-131 Newton Road, Eden Terrace LUC No.: R/LUC/2010/2158 1