I hereby give notice that a hearing by commissioners will be held on: Date: Time: Meeting Room: Venue: 18 May 2015 9.30am Council Chamber Level 2, Civic Building , Henderson, 6 Henderson Valley Road HEARING AGENDA 1-5 RED HILLS ROAD, MASSEY DON BUCK ROAD HOLDINGS LIMITED COMMISSIONERS Chairperson Commissioners Mr Ian Munro Mr Richard Knott Ms Andrea Aranha DEMOCRACY ADVISOR HEARINGS Telephone: 8908104 or 021 308126 Email: andrea.aranha@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 Team Leader Hearings. 1-5 Red Hills Road, Massey Date: 18 May 2015 WHAT HAPPENS AT A HEARING At the start of the hearing, the Chairperson will introduce the Commissioners sitting on the hearing panel and council staff and he/she will briefly outline the procedure for the hearing. The Chairperson may then call upon the parties present to introduce themselves to the panel. The Chairperson is addressed as Mr Chairman or Madam Chair. If any party intends to give written or spoken evidence in Maori, the Democracy Advisor Hearings must be informed of this at least five working days prior to the Hearing so that a qualified interpreter can be provided. Catering is not provided at the hearing. Scheduling submitters to be heard Approximately one week prior to the hearing, a timetable for all submitters who have returned their hearing attendance form 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 Democracy Advisor - Hearings will advise submitters, at the earliest possible opportunity, on any changes to the timetable. The Hearing Procedure The usual procedure for a Hearing (as specified in the Resource Management Act) is: • The applicant will be called upon to present his/her case. The applicant may be represented by legal counsel or consultants and may call witnesses in support of the application. After the applicant has presented his/her case, members of the Hearing Panel may ask questions to clarify the information presented. • Submitters (for and against the application) are then called upon to speak. Submitters may also be represented by legal counsel or consultants and may call witnesses on their behalf. Each speaker may be questioned in turn by the Hearing Panel. The council officer’s report will identify any submissions received outside of the submission period. At the hearing, late submitters may be asked to address the panel on why their late submission should be accepted. Only if the Hearing Panel accepts the late submission can the late submitter speak. • Should you wish to present written information (evidence) in support of your application or your submission please ensure you provide the number of copies as indicated on your notification letter previously sent to you. • Only members of the Hearing Panel can ask questions about submissions or evidence. You may suggest questions for the panel to ask, however 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. • 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. • When all those who lodged submissions and who wish 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. • 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 usually available within 15 working days of the hearing. 1-5 Red Hills Road, Massey Date: 18 May 2015 A NON-NOTIFIED SECTION 127 APPLICATION BY DON BUCK ROAD HOLDINGS LIMITED TABLE OF CONTENTS Reporting Officer’s Report PAGE NO. 5 - 40 Attachment A Application, Assessment of Environmental Effects, Certificate of Title, Plans and Further Information Attachment B1 Amendments to the Urban Design/Architectural Evidence given in support of the Red Hills Road Neighbourhood centre 125 - 154 Attachment B2 Traffic Impact Assessment for Resoure Consent to amend consented site layout 155 - 164 Attachment B3 Stormwater Disposal Design and Further Information Attachment 165 - 204 Attachment B4 Engineering Design Report – project number 685 Revision 0 205 - 210 Attachment B5 Design Statement for planting and revegetation 211 - 232 Attachment C Council’s Expert Reports 233 - 250 Attachment D Original Report by Lee Ah Ken dated 11th June 2012 251 - 322 Attachment E Summary of Submissions 323 - 328 Attachment F 2012 Granted Decision 329 - 376 Attachment G 2012 Approved Plans 377 - 394 Attachment H Notification Recommendation 395 - 410 Attachment I Commissioners Notification Decision 411 - 414 Attachment J Local Board Comments 415 - 418 Attachment K Draft Recommended Condtions 419 - 442 41 - 124 Reporting Officer, Mr Sunny Kan Reporting on an application section 127 variation to condition at 1-5 Red Hills Road, Massey. The reporting officer is recommending, subject to contrary or additional information being received at the hearing, that the application be REFUSED to, subject to certain conditions. APPLICANT: DON BUCK ROAD HOLDINGS LIMITED 1-5 Red Hills Road, Massey Date: 18 May 2015