Category: Unitary Plan

First Unitary Plan Pre-Hearing to get Under-Way

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Ironically on Further Submissions

 

Okay this one is more for your Unitary Plan wonks (like me) but it pays to keep an eye on Unitary Plan Hearing Panel proceedings to gauge the debate and reactions on the Proposed Unitary Plan.

Last night I saw from the Unitary Plan Page (the one the Hearings Panel runs) a Procedural Minute from the Chair – Judge Kirkpatrick in regards to the Further Submission process recently completed.

Before I embed the material just a note on the Hearings Panel and relevant information:

 

From the Unitary Plan Independent Panel Procedures Page:

Some of the important things to note about the hearing process are listed here.

  • You will only be contacted about pre-hearing meetings and hearing sessions if you have said on your submission that you wish to be heard, or if you have contacted the panel office to let us know that you wish to be heard.
  • If you are a submitter but do not wish to be heard, your submission will still be considered by the Panel when making their recommendations on the Plan.
  • Hearing sessions and pre-hearing meetings are open to the public and the media as observers. Only submitters or their representative and their witnesses are allowed to speak.
  • Expert conferences and mediations are not open to the public. This is because discussions at those meetings should encourage an open exchange of views and may need to be on a “without prejudice” basis. Panel decisions do not get made at these meetings.
  • The Panel will expect all submitters who wish to be heard, or their representative and any witnesses they call, to attend in person. In some circumstances the Panel may agree to other arrangements, but that will need to be arranged in advance of a hearing session.
  • Because of the large number of submissions and the limited time available, submitters will be given a fixed amount of time at the hearing to make their main points. There will generally not be time to read in full your submission or evidence to the Panel.
  • If you are required by the Panel to attend any pre-hearing meeting it is important that you do attend. If you do not have a reasonable excuse for not attending, the Panel may exclude you from the rest of the hearing process.
  • The Panel’s hearing rooms at 205 Queen Street have limited capacity. Pre-hearing meetings and hearing sessions that have a large number of submitters and a high level of expected public interest may be held in other locations. Please check this website for details.
  • If the number of people at the hearing exceeds the maximum allowed for building safety, priority will be given to the people who need to be there for that part of the hearing to proceed.
  • All records of hearing and pre-hearing processes will be available on the IHP website, unless there is good reason for withholding any particular information under the Local Government Official Information and Meetings Act 1987.
  • All publicly available documents for the hearing sessions will be placed on this website. Parties involved in a hearing session will be sent a link to the website so they can go direct to the documents relating to their hearing session. Other arrangements will be made if you cannot access the website.
  • The hearings will not be transcribed. The hearings will be recorded digitally and a copy of the audio record can be provided on request.

Source: http://www.aupihp.govt.nz/procedures/

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Meaning anything I post in regards to the pre hearings or hearings is public information unless stated otherwise.

 

The “Procedural Minute” that was recently issued in regards to Further Submissions (that recently closed)

 

The Letter of the upcoming Pre Hearing Conference

 

From what I can gather the Memorandum of Counsel is on the Further Submission process, the complexity of the Unitary Plan, and Auckland Council’s large submission to the Unitary Plan. The applicants have asked the Hearings Panel in this case for an IT expert and independent planning consultant to assist people through both the Unitary Plan and the Unitary Plan website. While the pre hearing is to go ahead it seems the Panel will decline this request by the applicants (hmm I could have done that for them having waded through all 7,000 pages of that cumbersome document a few too many times).

However, it is to note that we could see the Hearings grind down if pre hearings and hearings get stuck on the complexity of the Unitary Plan let alone anything else including rezoning at site specific level.

 

As for my submission I had five oppose it and one in support. Going to be fun times ahead

 

Unitary Plan Huh?

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Interesting Provision for Planning Officers during the Unitary Plan Hearings

 

I have a lot of time for Bob Dey who is a veteran writer on Auckland issues (as well as other matters). Bob is often on the media table alongside me and others when we are “doing our thing” on reporting on these Auckland issues. I can safely say Bob does not have much time for “bollocks” that can go on, something I have little time for either.

I picked up on one of Bob’s own blog posts proceedings at the most recent Unitary Plan Committee meeting (the Committee that provides directions to planning officers while the Unitary Plan Independent Hearings happen) something that I found odd and Bob most certainly did. Might get an email flicked to Council seeking clarification.

From Bob Dey’s Property Report

Key unitary plan issues listed

on Sunday 6 July 2014 in Land use, Planning, Sectors, Spatial plan 0
Auckland Council plan development manager JohnDuguid has set out a list of key unitary plan issues – from the council perspective – based on initial submissions. It might change once the period for further submissions closes on 22 July.Biggest topic is zoning, particularly residential zoning.

9400 submitters have raised almost 100,000 submission points. Mr Duguid says in a report for the council’s unitary plan committee on Tuesday as many as 700 topics might require a hearing.

The council is in a different position from usual at the unitary plan hearings, which will be before an independent panel, will involve prehearing meetings & mediation and will see the council staff not as advisors to the panel but as submitters.

Estimates are that prehearing meetings will start in September and the hearings will start in November, ending in April 2016.

Just to keep the process rolling, the council’s unitary plan committee has to agree to positions to be adopted at prehearings, mediation and during the formal hearings. Submitting parties will have to do the same, or the process won’t be completed within the 2016 deadline for hearings to be completed.

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One unusual admission in Mr Duguid’s report – on which he didn’t elaborate – is that “there may be situations where council staff are unable to support the council’s position (as directed by the unitary plan committee). Should this occur, attempts will be made to find a consultant who is able to support the council’s position. The committee does, however, need to be aware that such a situation could result in the council’s position being set out at the hearings without any supporting expert evidence.”

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Source: http://www.propbd.co.nz/key-unitary-plan-issues-listed/

 

The Committee Paper has it here: 9 Unitary plan, update [point 17]

Okay can someone in Council explain what this means please as this seem perplexing.