Meeting of the Corporate and Strategic Committee
Date: Wednesday 3 October 2018
Time: 11.00am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
Agenda
Item Subject Page
Decision Items
16. Notification Decision for Application to Transfer Water Take Resource Consent 3
Corporate and Strategic Committee
Wednesday 03 October 2018
Subject: Notification Decision for Application to Transfer Water Take Resource Consent
Late Item of Business that Cannot be Delayed
1. In order for the Committee to consider and decide this item, it is necessary for the Committee to first resolve to accept the item in accordance with SO 9.12 resource consent application processing timeframes to be met.
2. As resolution of this issue cannot be delayed in order for Council to meet the requirements of RMA timeframes for making the Notification Decision as part of processing the application in question. It is therefore staff’s recommendation that the Committee first resolves, at the beginning of the meeting to accept the late item as follows.
2.1. The Corporate and Strategic Committee accepts the late item of business, 16. Notification Decision for Application to Transfer Water Take Resource Consent, in accordance with SO 9.12, as this decision will not meet RMA required timeframes if it cannot be delayed.
Reason for Report
3. This report is provided to enable the Council to make the notification decision on the application by Sleeping Giant (WP180323T) to transfer an existing groundwater take for water bottling to another site in the Awatoto vicinity.
Considerations
4. A memo is attached provides an assessment of the matters that need to be considered when deciding whether or not to notify a resource consent application. Appended to the memo is a copy of the existing resource consent (WP130287T) and a copy of RMA s95A which sets out the procedural steps required for determining whether an application should be notified or not.
5. Also attached is a copy of the transfer application, including the supporting information and a legal opinion regarding the notification decision on this application.
6. In light of the legal advice included in the application, staff recommend that Council clearly follows the RMA s95A process to arrive at the decision of whether to publicly notify, limited notify or to not notify the application. In this case particular regard needs to be given as to whether there are special circumstances warranting notification.
Financial and Resource Implications
7. If the Notification Decision is challenged through the Court, costs associated with defending that Decision would be in the neighbourhood of $20,000. If Council does not successfully defend the Decision, then there is also the potential for the Court to require Council to pay the applicant’s costs as well.
Decision Making Process
8. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:
8.1. The decision does not significantly alter the service provision or affect a strategic asset.
8.2. The use of the special consultative procedure is not prescribed by legislation.
8.3. The decision does not fall within the definition of Council’s policy on significance.
8.4. The decision is not inconsistent with an existing policy or plan.
8.5. The nature and significance of the issue to be considered and decided, is provided for by the Resource Management Act.
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That the Corporate and Strategic Committee: 1. Receives and notes the “Notification Decision for Application to Transfer Water Take Resource Consent” staff report. 2. Agrees that the decisions to be made are not significant under the criteria contained in Council’s adopted Significance and Engagement Policy, and that Council can exercise its discretion and make decisions on this issue without conferring directly with the community and persons likely to be affected by or to have an interest in the decision. 3. Having considered the material provided and pursuant to RMA s.95A decides that the application WP180323T from Sleeping Giant Holdings Limited to transfer resource consent WT138207T to take and use water from well no. 15391 (200 mm diameter) for the purpose of water bottling is to be processed on a non-notified basis. Or 4. Having considered the material provided and pursuant to RMA s.95A decides that the application WP180323T from Sleeping Giant Holdings Limited to transfer resource consent WT138207T to take and use water from well no. 15391 (200 mm diameter) for the purpose of water bottling is to be processed on a publicly notified basis. 5. Decides to exercise its delegated powers to make a decision that will have the same effect as the local authority could itself have exercised or performed, and that the decision deserves urgency and the decision is carried unanimously.
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Authored by:
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Paul Barrett Principal Consents Planner |
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Approved by:
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Malcolm Miller Acting Group Manager Regulation |
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⇩1 |
Notification Memo re Sleeping Giant Transfer Application |
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⇩2 |
WP180323T Application to Transfer Water Take to Another Site |
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