Appointment of Hearings Commissioner Craig Shearer

Transcription

1 13/155 Subject: Prepared By: Appointment of Hearings Commissioner Craig Shearer Daniel Kingsford (Resource Consents Manager) Meeting Date: 9 May 2013 Report to COUNCIL for decision SUMMARY Eastland Port Limited has applied for a suite of both district and regional resource consents to further develop the upper log storage area in Crawford Road. The proposal is to increase the area of the yard to 2.9 hectares. To achieve this, the site will need to be levelled. The main feature of the proposal is the down-cutting of a small spur ridge and associated side slopes. In association with the reconfigured log yard, a network of interceptor drainage systems are proposed to capture, convey and then treat the water shed from the surface. The treated water will be discharged into the Kopuawhakapata Stream. The discharge of treated stormwater is a discretionary activity. It is anticipated that water quality issues associated with the discharge will need to be carefully addressed through the consenting process. To assist the Hearings Committee in its decision making on this issue, it is recommended that a Commissioner with specific expertise in this field is appointed. For this purpose Jim Hodges was previously appointed but is now unavailable. Craig Shearer is a certificated commissioner who has had previous experience in a regional council where his responsibilities included water pollution control and scientific investigations. RECOMMENDATIONS That the Council 1. receives the report 2. appoints Mr Craig Shearer as a Commissioner and delegates to him, pursuant to Section 34A(1) of the Resource Management Act 1991, all the functions, powers and duties of the Council under the Resource Management Act 1991 necessary to hear and decide on, with the Hearings Committee: a) the resource consent applications for Eastland Port Limited to develop and extend the Crawford Road log storage area including the discharge of treated stormwater to the Kouawhakpata Stream. Daniel Kingsford Resource Consents Manager Hans van Kregten Group Manager Environment and Policy Keywords: Eastland Port Ltd, Hearings Commissioners, resource consent applications N Page 1

2 1. BACKGROUND Eastland Port Limited proposes to extend the Crawford Road log storage area. The proposal includes significant earthworks removing a small spur ridge and associated side slopes. The cut operation is expected to yield approximately 30,000m 3 to 35,000m 3 which will be used within the site to elevate parts of the log yard and to construct a substantial earth bund at the Crawford Road and Parau Street property frontages. The intention is to create a level platform avoiding the need to bench the yard while allowing for the safe stacking of logs. Part of the site is listed as a site contaminated, from when the site was used for the bulk storage of petroleum products. The proposal provides for the development of a new stormwater network to serve the extended log yard. Separate systems are proposed to collect and divert clean stormwater from the upslope perimeter of the yard and also collect and treat stormwater shed from the surface of the yard which may be contaminated by mixing with detritus on the surface of the yard. The offsite stormwater network comprises two separate pipes both discharging at separate points to the Kopuawhakapata Stream which discharges into the inner harbour. The applications have been publicly notified and opposing submissions have been received, highlighting concerns about contaminant levels in the stormwater discharge. The stormwater management is fairly complex addressing amongst other matters: the design of the system; stormwater treatment measures; discharge volumes; contaminant parameters and water quality monitoring. In this regard it is considered that the Hearings Committee would benefit from the inclusion of a Commissioner with the relevant expertise. Craig Shearer is an experienced commissioner with a regional council background. Craig Shearer was the Stormwater and Sediment Control Manager before becoming the Group Manager: Environmental Management for Auckland Regional Council. A curriculum vitae is attached. 2. SIGNIFICANCE The proposal is not considered significant in terms of Council s significance policy. 3. CONSULTATION No consultation is required for the appointment of a commissioner in regard to this application. 4. COMMUNITY OUTCOMES The appointment of a Commissioner with water quality expertise has the potential to positively contribute to the following Council s community outcomes: Natural Resource Use Customer Needs 5. FINANCIAL It is important to ensure the commissioners are appointed in line with the Resource Management Act 1991 and the Local Government Act Should correct procedures not be followed, there could be time delays and costs to Council. N Page 2

3 6. LEGAL The appointment of a commissioner is provided for under section 34A(1) of the Resource Management Act 1991 and Clause 31(4) Schedule 7 of the Local Government Act POLICY Council has a policy of appointing commissioners to hear and decide on matters where Council has an interest greater than the public or where there is a potential conflict of interest. Council is the landowner and, therefore, should not be the decision-maker. 8. APPENDICES Appendix 1 - CV for Craig Shearer N Page 3

4 Appendix 1.0: CRAIG SHEARER Curriculum Vitae Personal Details Name: Address: Craig McGregor Shearer 4 Park Road, Titirangi, Auckland Phone Numbers: Work: (09) Mobile: Address: craigshearer@xtra.co.nz Overview of Skills Experienced RMA Hearings Commissioner Certified with a Chair endorsement. Trainer, through Opus Consultants in Making Good Decisions Programme Strategic and Regional Growth Management Planning Regional Policy and Plan Development, District Plan Implementation Environmental experience with specialist skills in RMA Section 9-15 matters Emergency Management, Natural Hazards planning Public and Private sector experience N Page 4

5 Relevant Employment SHEARER CONSULTING LIMITED Director of Local Government, Resource Management (RMA), Planning and Policy consultancy Dates: November 2005 Present Resource Management, Planning and Local Government consultant providing advice and support to a range of public and private sector clients in the following areas: Hearings Commissioner (Certificated Commissioner with Chair Endorsement) adjudicating consent applications technical expertise in both environmental and planning areas. Councils include: o Auckland Council o Waikato Regional Council o Taupo District Council o Environment Canterbury o Waikato District Council Input into local government policy and plan development processes at regional and district levels District and regional consent applications and procedures including submissions and appearance at hearings Preparation and presentation of Environment Court expert evidence for major developments Infrastructure (water, transport, airport) strategic planning and advocacy advice Property development, including regulatory advice, consent applications, auditing and support Providing emergency management, natural hazards, and risk management advice to Civil Defence Emergency Management groups and councils Dates: August 2009 October % of time, provision of consultancy services to the Auckland Transition Agency, responsible for the merging of Auckland s 8 councils N Page 5

6 Workstream Leader responsible for the reorganization of the Policy and Planning function (Chief Planning Office), including all recruitment below Chief Planning Officer Workstream Leader responsible the establishment of the new Economic Development Agency (ATEED Auckland Tourism Events and Economic Development), including all recruitment below CEO Ensuring critical business systems and processes operational on day 1 AUCKLAND REGIONAL COUNCIL Senior executive reporting to the Chief Executive with responsibility for the Council s planning and policy direction Dates: 1992 October 2005 Position: General Manager, Policy and Planning, leading a team of 80 planners and policy analysts Led the formulation of Council s policy documents to fulfil environmental policy direction, including the Regional Policy Statement, Auckland Regional Growth Strategy, Regional Plan: Air Land and Water, Regional Plan: Coastal. Transport Policy, including production of the Regional Land Transport Strategy, and input into transport initiatives such as the National Land Transport Programme and Transit s (NZTA) 10-year State Highway Forecast Rating policy, input into Annual Plan and Long Term Council Community Plan Public Policy, including inputting into new legislation (eg Resource Management, Local Government, Land Transport Management Acts Statutory implementation of regional policy, including technical input into territorial and regional council hearings Primary reporting officer to key Council planning committees, including the Regional Strategy and Planning Committee, the Transport Committee, the Regional Growth Forum, and the Regional Land Transport Committee Management of the Iwi liaison role on behalf of Council Chaired region-wide executive level forums in urban and strategic development, transport, civil defence emergency management N Page 6

7 AUCKLAND REGIONAL COUNCIL Senior executive, leading 100 staff responsible for all environmental research, regulation (consents) and monitoring programmes Dates: Position: Group Manager, Environmental Management Overall responsibility for all Council RMA consents - approximately 1,000 consents processed per year Air, and water pollution control scientific investigations and research Contaminated sites identification and clean up Development of the stormwater programme for both contamination and flood control Sediment control and soil conservation Allocation of the use of water (groundwater, streams, coastal) for commercial use Management of the coastal marine area AUCKLAND REGIONAL COUNCIL Stormwater and Sediment Control Manager Dates: Position: Manager, Rivers and Erosion Control, Auckland Regional Water Board Led a team responsible for flood control, and soil conservation. Responsibilities included consent processing, and protection of land from erosion Facilitated the development of the stormwater quality control programme for the region Led the establishment of the urban sediment control programme (large urban earthworks control) Developed and introduced the Council s integrated stormwater catchment management plans N Page 7

8 PREVIOUS ROLES Bay of Plenty Catchment Board Soil Conservator/Environmental Scientist responsible for managing the Upper Kaituna Catchment Control Scheme at Rotorua Hauraki Catchment Board (Waikato) Soil Conservator, working on the Waihou Valley Catchment Control Scheme Canterbury Regional Planning Authority - Planner Education Master of Arts Degree Geography, University of Canterbury Professional Development 2007 Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-makers I completed this course in late 2007, have subsequently been certified through this programme and have undertaken Commissioner work, adjudicating at resource consent hearings 2007 Melbourne, AUSTRALIA Investigating urban renewal programmes especially in the Docklands area 2003 Sydney, AUSTRALIA Governance and urban growth management investigation, studying methods for intensifying urban development, the relationship with public transport, and the respective roles and responsibilities of state and local government organisations N Page 8

9 2001 Curitiba, BRAZIL One of a team, lead by the Parliamentary Commissioner for the Environment, which spent one week investigating this innovative city, famous for its innovative governance, passenger transport supportive urban development, and its sustainable approach to urban communities Vancouver, Calgary, CANADA, Portland, Houston, USA Study tour investigating regional governance, urban growth management and planning, transport systems Professional Memberships 1994 Present Resource Management Law Association 1982 Present NZ Association of Resource Management 2001 Present NZ Property Council (Auckland Executive) N Page 9