Agenda of Resource Consent Hearing with Independent Commissioner

Resource Consent Hearing with Independent Commissioner

Open Agenda

RM230061 - 68 Franklin Road, Napier

Meeting Date:	Friday 13 December 2024
Time:	9.00am
Venue:	Large Exhibition Hall War Memorial Centre Marine Parade Napier

Members

Independent Chair - Rob Van Voorthuysen

Independent Commissioner - Richard Blakey

Elected Member Commissioner - Deputy Mayor Brosnan

Officer Responsible

Team Leader Resource Consents (Nick McCool)

Administrator

Governance AdvisorGovernance Team and Regulatory Administration

WHAT HAPPENS AT A HEARING

Cross Examination

No cross examination by the applicant or submitters is allowed at the hearing. Only the hearing commissioners are able to ask questions of the applicant or submitters. Attendees may suggest questions to the commissioners and they will decide whether or not to ask them.

The Hearing Procedure

The usual hearing procedure is:

• The chairperson will introduce the commissioners and will briefly outline the hearing procedure. The Chairperson may then call upon the parties present to introduce themselves. The Chairperson is addressed as Madam Chair or Mr Chairman.

• The applicant will be called upon to present their case. They may be represented by legal counsel or consultants and call witnesses in support of the application. The hearing panel may ask questions of the speakers.

• Submitters (for and against the application) are then called upon to speak. Submitters’ active participation in the hearing process is completed after the presentation of their evidence so ensure you tell the hearing panel everything you want them to know during your presentation time. Submitters may be represented by legal counsel or consultants and may call witnesses on their behalf. The hearing panel may then question each speaker.

o Late submissions: The council officer’s report will identify submissions received outside of the submission period. At the hearing, late submitters may be asked to address the panel on why their submission should be accepted. Late submitters can speak only if the hearing panel accepts the late submission.

o Should you wish to present written evidence in support of your submission please ensure you provide the number of copies indicated.

• Council Officers will then have the opportunity to clarify their position and provide any comments based on what they have heard at the hearing.

• The applicant or their representative then has the right to summarise the application and reply to matters raised. Hearing panel members may further question the applicant. The applicants reply may be provided in writing after the hearing has adjourned.

• The chairperson will outline the next steps in the process and adjourn or close the hearing.

• If adjourned the hearing panel will decide when they have enough information to make a decision and close the hearing. The hearings advisor will contact you once the hearing is closed.

• Decisions are usually available within 15 working days of the hearing closing.

Please note

• that the hearing will be audio video recorded for administrative purposes.

• catering is not provided at the hearing.

Resource Consent Hearing with Independent Commissioner - 13 December 2024 - Open Agenda Item 1

Agenda Items

1. RM230061 - 68 Franklin Road, Napier - Section 42A Report

Type of Report:	Legal
Legal Reference:	Resource Management Act 1991
Document ID:	1813745
Reporting Officer/s & Unit:	Nick McCool, Team Leader Resource Consents

1.1 Purpose of Report

This is a covering report relating to a resource consent application made by Jack Brownlie Investments Limited to undertake a residential development located at 68 Franklin Road, Bay View (RM230061).

The reporting Consultant Planner’s (Alison Francis) Section 42A report is attached to this covering report and contains the details regarding this application.

Officer’s Recommendation

That the Hearings Commissioners:

Make a decision following the hearing of an application for resource consent under the Resource Management Act 1991

1.2 Attachments

Att No.	Title	Page No.
	Section 42A Report (Doc Id 1813958)	7
1	Attachment 1 - Application documents and drawings NOT ATTACHED - Can be viewed on the website (Under separate cover 1)	-
2	Attachment 2 - Technical Ecological Review - Final (Doc Id 1813850)	75
2	Attachment 2 - Specialist Review of Site Contamination - T + T (Doc Id 1814018)	79
2	Attachment 2 - Specialist Review of Coastal Hazard of EcoNomos - T+T (Doc Id 1814017)	87
2	Attachment 2 - Wayfinder Landscape Assessment (Doc Id 1814019)	91
2	Attachment 2 - Ecological Specialist Report - Tonkin and Taylor (Doc Id 1814020)	98
3	Attachment 3 -Notification Report (Doc Id 1813956)	102
4	Attachment 4 - Map of Submitters (Doc Id 1813852)	133
5	Attachment 5 - D Pilkington #1 (Doc Id 1813978) (Under separate cover 1)
	S Stothart (Doc Id 1813979)
	D Aranui (Doc Id 1813980)
	N Smith (Doc Id 1813981)
	B Lawson (Doc Id 1813982)
	M Arnold Doc Id 1813983)
	R Hollyman Doc Id 1813984)
	D Longdon Doc Id 1813985)
	R Ball (Doc Id 1813986)
	Rosie Longdon Doc Id 1813987)
	T Ackroyd (Doc Id 1813988)
	J Phillips (Doc Id 1813989)
	T Coleman (Doc Id 1813990)
	B Daniel (Doc Id 1813991)
	S Harvey (Doc Id 1813992)
	P Greening (Doc Id 1813993)
	A Greenhalgh (Doc Id 1813994)
	J St Clair (Doc Id 1813995)
	Kiwirail (Doc Id 1813996)
	V Maunsell (Doc Id 1813997)
	W Munro (Doc Id 1813998)
	L Buxton (Doc Id 1813999)
	A Busby (Doc Id 1814000)
	A Petersen (Doc Id 1814001)
	D Donoghue (Doc Id 1814002)
	P Musson (Doc Id 1814003)
	Patricia Wilson (Doc Id 1814004)
6	Attachment 6 - Submission Summary Table (Doc Id 1813848)	137
7	Attachment 7 - Draft Conditions to be circulated at a later date	148
8	Attachment 8 - Avifauna Management Plan (Doc Id 1813872)	149
8	Attachment 8 - RMS230061 Update Engineering Drawings (Doc Id 1813874) (Under separate cover 2)

Section 42A Report (Doc Id 1813958)

Item 1

Attachment 3 -Notification Report (Doc Id 1813956)

Item 1 - Attachment 3