Auckland Development Committee – Agenda – March 2016

Takapuna and Northcote discussed

Consequences of Unitary Plan Withdraw also noted

 

The agenda for the March Auckland Development Committee is up and can be read below:

Unitec and surround area Source: Google Maps Another place Government could intervene to speed up houses getting built
Unitec and surround area
Source: Google Maps
Another place Government could intervene to speed up houses getting built

 

Takapuna and Northcote Urban Renewal

While Panuku Development Auckland have not come back with the High Level Project Plans for Manukau and Onehunga Panuku have come back with such plans for the Northcote Town Centre and Takapuna Metropolitan Centre Unlock Urban Renewal Programs.

 

With Takapuna:

Auckland Development Committee

10 March 2016

 

Takapuna High Level Project Plan – Unlocking Urban Renewal

File No.: CP2016/03456

Purpose

  1. To seek the necessary mandate, to enable Panuku to facilitate the redevelopment of selected Council sites within the central Takapuna area that have been identified as opportunities to unlock strategic, community and commercial value through urban renewal.

Executive Summary

  1. Takapuna represents an urban renewal opportunity as a desirable residential location, framed by a wonderful and well frequented beachfront and unique lake that could contribute to Auckland’s ambition to become the world’s most liveable city.
  2. Takapuna is a metropolitan centre that has been subject to a number of plans and strategies and stakeholder engagement with considerable community and political support for urban renewal.
  3. These plans have considered the role a number of at grade commuter parking areas can play in revitalising the centre, as well as properties acquired by the legacy council for that purpose, introducing additional residential development within a mixed-use context as well as delivering on a range of other objectives for the centre including improved public realm and connections to the beach.
  4. The Takapuna High Level Project Plan (HLPP) completed by Panuku establishes the context, an approach to engagement and framework planning and the realisation strategy, including the necessary mandate, to enable Panuku to facilitate the redevelopment of the Anzac Street and Gasometer properties.
  5. The facilitation by Panuku will ensure that development outcomes are consistent with the framework plans and Local Board/Council aspirations for the area, including housing and mixed-use along with amenity improvements.
  6. The aim is to unlock the strategic, community and commercial value of the sites, potentially serving as a catalyst for further development within and on the fringe of the centre.
  7. Enabling development of these sites needs to deliver car parking solutions that are important to sustain the economic vibrancy of the commercial and retail centre as well as any other transport requirements prescribed by Auckland Transport such as managing public transport provision.
  8. The redevelopment will be enabled through the sale of land to developers, with outcome controls in place, along with the possible use of existing Council LTP funding for projects in the area that support the development outcomes. Further funds could potentially be sourced from existing council budgets e.g. the parking contributions fund.

 

Recommendation/s

That the Auckland Development Committee:

a)      endorse the Takapuna High Level Project Plan and the proposed outcomes including the framework planning and development process that underpins the approach set out in that plan.

b)      endorse Panuku Development Auckland as Auckland Council’s lead delivery agency in Takapuna, noting that the framework planning phase will be a key interface for Auckland Council to enable the delivery of the High Level Project Plan.

c)      grant authority to Panuku Development Auckland to dispose of any of the properties listed below that are required to achieve the outcomes in the plan:

i)     40 Anzac Street (Including adjacent service lane)

ii)    72A Hurstmere Road

iii)    38 Hurstmere Road

iv)   34 Hurstmere Road

v)    78R Hurstmere Road

vi)   14 Huron Street

vii)  15 Northcroft Street

d)      note that recommendation c) above is subject to the following conditions as shown in Attachment B and more fully described in Attachment C of the agenda:

i)        satisfactory conclusion of the required statutory processes

ii)       Auckland Transport confirming prior to the disposal of any of the sites described in Attachment B that transport arrangements will be accommodated to its satisfaction following the disposal

iii)      disposal of the properties will be with the objective of achieving urban renewal and housing. The mechanisms to achieve this include contractual arrangements, such as reference briefs and development agreements.

e)      note that Panuku will undertake a framework planning exercise to achieve quality urban design and other community outcomes, along with community objectives and will involve the Local Board and mana whenua in this planning process.

 

Takapuna
Takapuna

 

And as for Northcote Town Centre:

Northcote Town Centre and Surrounds High Level Project Plan – Unlocking Urban Redevelopment

File No.: CP2016/03756

Purpose

  1. To seek the necessary mandate, to enable Panuku to facilitate the redevelopment of selected Council sites within the Northcote Centre area that have been identified as opportunities to unlock strategic, community and commercial value through urban renewal.

Executive Summary

  1. Northcote has been identified in the Auckland Plan as a Town Centre which requires renewal. The immediate project area has an old town centre at its heart with established community facilities and a neighbourhood retail centre, including a supermarket, surrounded generally by low density residential, two schools and a high concentration of Housing New Zealand (HNZ) social housing.
  2. The current urban fabric is largely in a poor condition mainly attributed to the ground lease structure of the Centre, some reluctance to freehold Council’s leasehold interests to facilitate private investment and a less than optimum approach to centre and place management.
  3. Changing circumstances will enable Panuku to leverage and materialise previous planning efforts in Northcote by capitalising on a number of current and evolving opportunities, albeit over a period of time and subject to unlocking the complexities of the fragmented tenure and ground lease situation.
  4. Current market conditions, that whilst improving, still needs to be influenced by comprehensive renewal in the wider area. Opportunities for unlocking Northcote rest on the platform of:
  • Panuku leadership
  • Opportunities granted by the Proposed Auckland Unitary Plan (PAUP)
  • Strategic Special Housing Area (SHA) designation
  • Growing relationship with HNZ
  • Improving local market conditions
  • Housing for Older People initiative that will offer opportunities to improve the services to older people in the adjacent villages.
  • The current rent review cycle
  • Leaseholders on some of the larger properties desire to contribute to comprehensive development outcomes.
  1. Based on existing planning documents a vision for the project is: “Northcote is a growing community with a lively and welcoming heart that celebrates culture and where business thrives and everyone’s needs are met”.
  2. The project scope consists of:
  • An area of control (5 ha) – the Town Centre where Panuku has direct control of the development due to Council’s ownership of the sites.
  • An area of influence (83 ha) – the wider neighbourhood where Panuku can influence framework planning, alongside HNZ which owns some 15ha and approx. 300 homes, to promote wider renewal benefits in partnership with other landowners.

 

 

  1. Panuku is proposing four key strategic moves  that will unlock the opportunities at Northcote:
  • Partnering Approach
  • Revitalising the Town Centre
  • Reconnecting the Town Centre
  • Developing the Town Centre
  1. It is anticipated that once executed the project will deliver the following benefits:
  • Regeneration of a local commercial and community hub that will benefit the community
  • Improved economic performance of the centre as it responds to renewal and market perception
  • Provision of additional housing choice
  • Improved investment performance and capital value of an existing asset, maximising the community and commercial outcomes from the investment.
  • Reconnecting the centre with its wider community.
  1. Redevelopment will be enabled through the sale of land to developers along with the potential use of existing Council LTP funding for projects in the area that support the development outcomes.
  2. It is noted that any redevelopment activity that may directly affect existing Council community facilities or services will be subject to liaison with the affected business owners and Local Board that may require further approval by Council as required.
  3. Initial project budget for planning and place-making activities will be funded from Panuku budgets as well as additional income from planned rent reviews.

 

Recommendation/s

That the Auckland Development Committee:

a)      endorse the Northcote High Level Project Plan and the proposed outcomes including the planning and development process that underpins the approach set out in that plan.

b)      endorse Panuku Development Auckland as Auckland Council’s lead delivery agency in Northcote, noting that the framework planning phase will be a key interface for Auckland Council to enable the delivery of the High Level Project Plan.

c)      grant authority to Panuku Development Auckland to dispose of any of the properties listed below that are required to achieve the outcomes in the plan:

i)        1, 3-5, 7, 11-13, 15, 17-21, 23-25, 27, 29, 35, 47, 49, 51Pearn Cr

ii)       1, 3-11, 13, 15, 16-30, 17, 21, 23-25, 27-35, 32-44, 43-47, 50-52 Pearn Pl

iii)      16-18, 30, 32 College Rd

iv)      2, 6-10, 16-26  Kilham Av

v)      111, 115, 123-127 Lake Rd

d)      note that recommendation c) above is subject to the following conditions and described in more detail in Attachment C and D of the agenda:

i)        satisfactory conclusion of the required statutory processes

ii)       disposal of the properties will be with the objective of achieving urban renewal and housing. The mechanisms to achieve this may include contractual arrangements, such as reference briefs and development agreements.

 

e)      grant authority to Panuku Development Auckland to consider the service properties listed below that may contribute, in whole in part, to achieve the outcomes in the plan:

i)        1, 5 Ernie Mays St

ii)       6-8 Cadness St

iii)      65 Pearn Cr

f)       note that recommendation e) above is subject to the following condition and described in more detail in Attachment C and E, of the report:

i)        liaison with council business owners and the Local Board and the granting of further approval from council if the proposed contribution of these properties to the High Level Project Plan outcomes, either in whole or in part, directly affects existing or proposed community facilities/service properties.

g)      note that Panuku will undertake a framework planning exercise to achieve quality urban design and other community outcomes, along with community objectives and will involve the Local Board and mana whenua in this planning process.

…………..

 

Good to see Panuku get under way with the first set of “Unlock” urban renewal programs in Northcote and Takapuna. Looking forward to see what Panuku has for Manukau which Panuku is due to report back on next month.

 

 

Unitary Plan

 

And the consequences of the Unitary Plan Hearings for Council rolls on after yesterday: As Council Goes Silent with the #UnitaryPlan, One of the 13 is at a Total Loss on Why He Voted That Way

 

Proposed Auckland Unitary Plan – revised zoning maps incorporating the Governing Body decision of 24 February 2016

File No.: CP2016/03386

Purpose

  1. The purpose of this report is to provide the committee with a full set of the revised zoning maps that represent the council’s position for hearing Topic 081 – Rezoning and Precincts (Geographical Areas). The Topic 081 hearing started on 3 March 2016 and will run through until the end of April 2016. The council’s case on the zoning maps will be presented to the Auckland Unitary Plan Independent Hearings Panel (the Panel) on 8 March 2016. The revised zoning maps will be circulated on Tuesday 8 March via email and later followed by hard copy.
  2. The report also discusses the implications of a recent memorandum from the Panel that clarifies the Panel will not limit the questions it asks the council’s expert witnesses to business and rural zoning issues and the Future Urban zone. The memorandum from the Panel also re-confirms the Panel’s expectation that expert witnesses will comply with the Environment Court Code of Conduct for Expert Witnesses.

Executive Summary

  1. Topic 081 – Rezoning and Precincts (Geographical Areas) is the last major hearing that will be conducted by the Auckland Unitary Plan Independent Hearings Panel. The council’s evidence was lodged with the Panel during the week of 25 January 2016. At the Governing Body meeting on 24 February 2016, a change in approach was endorsed relating to changes to the zoning maps that are not within the scope of submissions (i.e. out of scope).
  2. Revised maps have been prepared that reflect the decision of the Governing Body. The maps will be provided to the Panel on 8 March 2016. As discussed at the Governing Body meeting, a consequence of the resolution is that most of the council’s expert witnesses can no longer present their expert evidence on zoning issues at the hearings. If they were to do so, they would be put in a position where their professional opinion (which they are required to give under the Code of Conduct for Expert Witnesses) would potentially undermine the decision of the Governing Body.
Recommendation/s

That the Auckland Development Committee:

a)      receive the revised zoning maps that reflect the decision made by the Governing Body on 24 February 2016 and note that these maps will form the council’s position at the Topic 081 – Rezoning and Precincts (Geographical Areas) hearing.

Comments

  1. Topic 081 – Rezoning and Precincts (Geographical Areas) is the last major hearing that will be conducted by the Auckland Unitary Plan Independent Hearings Panel. The council’s evidence was lodged with the Panel during the week of 25 January 2016. A change in approach to that supported in the council’s evidence was agreed to by the Governing Body on 24 February 2016. In particular, it was resolved:

That the Governing Body:

  1. a)    remove from the proposed Auckland Unitary Plan maps the ‘out of scope’ zoning changes made on 10 November 2015, which were not directly supported by any submission, and that this now be confirmed as Auckland Council’s position.
  2. b)     remove from the proposed Auckland Unitary Plan maps the ‘out of scope’ zoning changes made on 24 November 2015, which were not directly supported by any submission, and that this now be confirmed as Auckland Council’s position.
  3. c)     note that the proposed ‘out of scope’ zoning changes (other than minor changes correcting errors and anomalies) seek to modify the Proposed Auckland Unitary Plan in a substantial way.
  4. d)     note that the timing of the proposed ‘out of scope’ zoning changes impacts the

rights of those potentially affected, where neither submitter or further submitter, and for whom the opportunity to participate in the process is restricted to Environment Court appeal.

  1. e)     in the interests of upholding the principle of natural justice and procedural fairness, withdraw that part of its evidence relating to ‘out of scope’ zoning changes (other than minor changes correcting errors and anomalies).
  2. Revised maps have been prepared that reflect this resolution, and the Panel has been advised that the council’s evidence on rezoning is withdrawn to the extent it proposed out of scope changes. The memo advising the Panel of the council’s revised position is included as Attachment A. The revised zoning maps are based on the maps lodged with the Panel during the week of 25 January 2016. However, the residential zoning of sites that were identified as ‘out of scope’ has been changed back to the zoning on the maps in the 30 September 2013 notified version of the Proposed Auckland Unitary Plan.
  3. With respect to the revised maps, the following points are important to note:
  • the changes only affect the residential zones; and
  • in some cases the change back to the notified version of the maps results in a more intensive proposed residential zone (e.g. a change from Mixed Housing Suburban in the maps originally lodged with the Panel during the week of 25 January to Terrace Housing and Apartment Buildings).
  1. The memo sent to the Panel also requested that the Panel agrees to confine its questions (and any cross-examination from submitters) of the council’s expert witnesses to matters relating to business and rural zones and the Future Urban zone. The response from the Chairperson of the Panel is included as Attachment B. The Chairperson did not agree to the council’s request, and as a result, the majority of the council’s witnesses will not be called by the council’s lawyers to answer questions from the Panel (or be cross-examined by other submitters). If they were to be called, they would be put in a position where their professional opinion, which they are required to give under the Environment Court Code of Conduct for Expert Witnesses, would potentially undermine the decision of the Governing Body. The response from the Chairperson of the Panel reconfirmed the Panel’s expectation that expert witnesses will comply with the Code of Conduct.
  2. A consequence that arises from this issue is that few, if any of the council’s expert witnesses will be called to answer questions from the Panel (or be cross-examined by other submitters) on business and rural zoning issues, or the Future Urban zone. The only exception to this would be if the Panel itself calls them, or if the Panel agrees to requests from submitters to cross-examine the council’s expert witnesses. Housing New Zealand Corporation has recently made a formal request to the Panel to cross-examine the council’s expert witnesses on zoning issues. The Panel has yet to respond.
  3. The following clauses from the Code of Conduct are of particular relevance to this issue:
  • An expert witness has an overriding duty to impartially assist the Court on matters within the expert’s area of expertise.
  • An expert witness is not, and must not behave as, an advocate for the party who engages the witness. Expert witnesses must declare any relationship with the parties calling them or any interest they may have in the outcome of the proceeding.

………

 

In short 13 Councillors made a right royal mess on something that was legally allowed to be done as seen below:

Unitary Plan Legislation http://www.legislation.govt.nz/act/public/2010/0037/latest/DLM5600684.html
Unitary Plan Legislation
http://www.legislation.govt.nz/act/public/2010/0037/latest/DLM5600684.html

 

And as Judge Kirkpatrick – Chair of the Panel has said the Out of Scope material remains live in written format and before him for Panel (or other submitters) consideration and use.

 

The Missing middle  Source: Brent Toderian
The Missing middle
Source: Brent Toderian

 

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