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28. 8. 96

CITY PLAN HEARINGS COMMITTEE

TUESDAY 23 JULY 1996

A meeting of the City Plan Hearings Committee

was held on Tuesday 23 July 1996 at 9.15 am

PRESENT: Councillor Charles Manning (Chairman),

Councillors David Buist, David Cox,

David Close, Newton Dodge, Lesley Keast

and Margaret Murray.

Councillors David Close and Margaret Murray

arrived at 9.25 am and were absent for clause 4.

Councillor David Buist retired at 10.15 am

and was absent for clauses 1 and 5.

The Committee reports that:

PART A - MATTERS REQUIRING A COUNCIL DECISION

1. APPOINTMENT OF ADDITIONAL MEMBERS

OF THE CITY PLAN HEARINGS COMMITTEE

The schedule of hearings by the City Plan Hearings Committee makes it clear that there will be a heavy workload for at least six members of the Committee throughout the next two years. There will be some issues on which it will be inappropriate for individual members of the Committee to sit. It is therefore suggested that the size of the Committee be increased to provide additional flexibility. However, parallel with City Plan hearings, applications for resource consents will need to be heard and it is important to leave experienced panellists available for them. It is also recognised that some members of the Committee have heavy commitments to other Council responsibilities beyond the City Plan. It is therefore proposed to add to the Committee one Councillor and two former Councillors experienced in planning hearings.

The Committee recommends that Councillor Anna Crighton and Messrs Rex Arbuckle and Alex Clark be appointed as additional members of the City Plan Hearings Committee.

PART B - ITEMS DEALT WITH BY THE COMMITTEE AND

REPORTED FOR INFORMATION ONLY

2. PROPOSED HEARINGS SCHEDULE RR 3296

The Committee considered a report outlining a proposed hearings schedule for members consideration, as was requested at the Committee meeting on 4 June 1996.

By way of background, the following matters have influenced the order of subject areas in the proposed schedule:

It is planned to send out a general guide on "presenting submissions" to all submitters in late August/early September; which would contain a simplified version of the schedule.

An alternative schedule detailing the issues and timetable of the two panels was tabled, following discussion with the Bar Association. It is preferable for the one panel to deal with associated issues and therefore some rearrangement of the workload is proposed.

The Committee resolved that the Chairman prepare a written report on the membership of the two panels, following discussion with each member of the Committee.

3. ISSUE OF EARLY DECISIONS ON SUBMISSIONS RR 3301

The Committee received a report from the Senior Planner City Plan recommending early Council issue of decisions where agreement with submitters can be reached before the hearings.

The issue of early decisions on the City Plan has been discussed previously by the Committee, and advice was given that it is desirable that all decisions be released after all hearings on the Plan are completed. There is however a case for release of early decisions in situations where there is agreement reached in advance with submitters. There are a number of cases where such agreement appears to be possible. Subject to such agreements being ratified by the hearings panel and approved by the Council, decisions could then be issued without further delay.

The Committee resolved that where agreements with submitters can be obtained, a recommendation be put to the relevant hearing panel for consideration and where the panel agrees, a recommended decision be submitted to the Council for approval, subject to:

1. Confirmation that there are no general or related submissions which could complicate any agreement.

2. Any relevant further submissions having been agreed or resolved.

3. Any necessary documentation of agreements reached.

4. MOA NEIGHBOURHOOD COMMITTEE SUBMISSION RR 3057

The Committee considered a report to enable the final version of the inner city "charrette" report to be accepted as part of the submission by the MOA Neighbourhood Committee.

The MOA Neighbourhood Committee lodged a submission on the Proposed City Plan asking for implementation of the inner city "charrette" report "The Shape of Christchurch within the frame of the 4 avenues".

The Committee resolved that pursuant to Section 37 of the Resource Management Act 1991, the Council waive compliance with the time limit for lodging submissions on the Proposed District Plan for the purpose of permitting the report "The Shape of Christchurch within the frame of the 4 avenues", dated November 1995, reprinted January 1996, to be accepted as part of the submission by the MOA Neighbourhood Committee.

5. APPROVAL OF LATE SUBMISSIONS RR 3325

The Committee considered a report on how best to deal with the 34 late further submissions supporting or opposing the original submissions on the Proposed City Plan.

Further submissions in respect of the Proposed City Plan closed on 28 June 1996.

The Act permits the Council to grant time extensions so that further submissions are able to be considered, only if it has taken into account;

- the interests of any person who may be directly affected,

- the duty to avoid unreasonable delays, and

- the interests of the community in achieving an adequate assessment of the effects of the Plan.

These further submissions cover a variety of issues. In the majority of cases they are in support of original submissions. It is unlikely that granting a time extension for any of the further submissions will result in unreasonable delays as they can be readily incorporated in the next step of the process involving the preparation of officers reports for the hearing of submissions.

The further submissions can only add further evidence to help determine which of the proposed alternative provisions should be included in the Plan. In this way all the further submissions could potentially assist in achieving an adequate assessment of the effects of the Plan. On this basis the three criteria set out in the Act tend to support the granting of time extensions for these submissions.

The Committee resolved that pursuant to Section 37 of the Resource Management Act 1991, the Council extend the time for the receipt of the further submissions received up to and including 17 July to the respective dates of receipt.

The meeting concluded at 10.25 am

CONSIDERED THIS 28TH DAY OF AUGUST 1996 MAYOR



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