Extraordinary Hearings Committee (Resource Consent)
Open Agenda
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Meeting Date: |
Thursday 29 September 2022 |
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Time: |
9.30am |
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Venue: |
Ikatere Room |
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Deputy Mayor Brosnan (In the Chair), Councillors Browne, Simpson, Tapine, Taylor and Mayor Wise Māori Committee Representative (Vacant) |
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Officer Responsible |
Executive Director City Strategy (Richard Munneke) |
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Administration |
Governance Team |
Extraordinary Hearings Committee (Resource Consent Hearing) - 29 September 2022 - Open Agenda
ORDER OF BUSINESS
Apologies
Nil
Conflicts of interest
Public forum
Nil
Announcements by the Chairperson including notification of minor matters not on the agenda
Note: re minor matters only - refer LGOIMA s46A(7A) and Standing Orders s9.13
A meeting may discuss an item that is not on the agenda only if it is a minor matter relating to the general business of the meeting and the Chairperson explains at the beginning of the public part of the meeting that the item will be discussed. However, the meeting may not make a resolution, decision or recommendation about the item, except to refer it to a subsequent meeting for further discussion.
Announcements by the management
Minor matters not on the agenda – discussion (if any)
Agenda items
1 Appointment of RMA Commissioner for Resource Consent Hearing........................... 3
Extraordinary Hearings Committee (Resource Consent Hearing) - 29 September 2022 - Open Agenda Item 1
1. Appointment of RMA Commissioner for Resource Consent Hearing
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Type of Report: |
Procedural |
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Legal Reference: |
Resource Management Act 1991 |
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Document ID: |
1599564 |
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Reporting Officer/s & Unit: |
Luke Johnson, Team Leader Planning and Compliance |
1.1 Purpose of Report
The purpose of this report is to present an alternative independent commissioner to hear and determine a Resource Consent Application from Bayswater Vehicles Ltd in relation to 87, 93, 107, & 115 Carlyle Street and 29 & 31 Faraday Street, Napier (the Application).
The Hearings Committee determined to appointment Mr Robert van Voorthuysen as a result of Hearings Committee held on 16 August. Since the time of appointment, a lawyer acting on behalf of a number of submitters put forward an objection to the appointment of Robert van Voorthuysen as there was a perceived conflict of interest between Mr van Voorthuysen and the Applicant (Bayswater Vehicles Ltd).
Discussions held between the Mr van Voorthuysen and Council concluded with Mr van Voorthuysen withdrawing as the independent commissioner for this hearing.
1.3 Chairperson Recommendation
The Chairperson of the Hearings Committee in consultation with the acting Director City Strategy recommend the appointment of Mr Robert Scott to hear and determine the Application.
Two independent Commissioners were previously considered:
· Mrs Janeen Kydd-Smith - Sage Planning.
· Mr Robert van Voorthuysen – van Voorthuysen Environmental Limited (withdrawn).
Mrs Janeen Kydd-Smith is unavailable to hear this application due to prior commissioner engagements.
An alternative independent Commissioners is now recommended:
· Mr Robert Scott – Scott Wilkinson Planning.
Robert Scott has 30 years’ experience in resource management. He has had extensive experience in projects that are located within sensitive receiving environments, which is the case for this application. Mr Scott was certified Independent Commissioner (Merit) and has widespread experience acting as a commissioner on over 70 occasions for Waikato Regional Council, Auckland Council, Tauranga City Council, Hamilton City Council and Queenstown Lakes District Council. He is held in high regard within the profession.
Council have engaged external geotechnical and landscape architect experts to undertake reporting in relation to the significant matters identified within the assessment of the application and also raised within submissions. These experts will provide detailed assessments and additional support where needed.
Mr Scott has confirmed that he has no conflict in regards to the application and being from outside Hawke’s Bay has no interests within Napier.
The Chair of the Hearings Committee and the acting Director City Strategy consider Mr Robert Scott to be the preferred appointment due to his qualifications and experience in hearings throughout New Zealand.
1.4 Attachments