Before the Auckland Unitary Plan Independent Hearings Panel

In the matter of: Legal Submissions lodged to the Proposed Auckland

Unitary Plan

Regarding: Topic 051-054 Centre Zones, Business Park and

Industries Zones, Business Activities and Business

Controls

Memorandum from Benjamin Ross

Dated: 8th of September, 2015

Benjamin Ross

Submission: 1606-2

E: view.of.auckland@gmail.com

M: 022 336 4789

May It Please The Panel

1. This Memorandum is lodged by myself (Benjamin Ross) in regards to:

a. Key Retailers Group Legal Submission on Topics 051-054 lodged to

The Panel on 8 September, 2015 in regards to what they call

Integrated Retail Developments (IRDs) (or rather Malls).

b. Auckland Council Legal Submission also on Topics 051-054 in regards

to Integrated Retail Developments lodged to The Panel lodged on 7

September, 20151.

c. Implications of the Integrated Retail Development debate to the

proposed Super Metropolitan Centre Zone which I am seeking to have

inserted into the Proposed Auckland Unitary Plan as per my

submission2 and backed up by my Primary Evidence3.

2. I have read both legal submissions as well as noted questions and

observations from The Panel to Auckland Council on 7 September 2015

regard Topics 051-054.

3. I have noted a main key difference between Auckland Council and Key

Retailers Group was whether that Integrated Retail Developments should be

encouraged in the Metropolitan Centre zone and the Town Centre:

a. Key Retailers Group wants Integrated Retail Developments to be

inserted into the Proposed Auckland Unitary Plan through the

Metropolitan and Town Centre Zones4.

b. Auckland Council in its Legal Submission has stated that Integrated

Retail Developments “should not necessarily be encouraged in

preference to alternative configurations such as a Main Street.”5

1 Auckland Council legal submissions, 7 September 2015, Paragraph 6.18

2 Submission 1606-2

3 Evidence of Benjamin Ross

4 Key Retail Group Legal Submission, 8 September 2015, 3.3.a.i

5 Refer to Footnote 1

4. In my opinion as a submitter to the Proposed Auckland Unitary Plan – Centre

Zones6 it could be reasonably concluded that Auckland Council via its Legal

Submission in regards to Integrated Retail Developments that Council has

taken an anti-‘IRD’ or rather anti-‘mall’ stance.

5. I wish to provide the following below as “For Your Information” and/or any

subsequent consideration

Integrated Retail Developments or “Malls” and the Super Metropolitan Centre

Zone

6. In the Objective 57 for the Super Metropolitan Centre Zone I state:

a. Key retail streets are the focal point of pedestrian activity, with

identified general commercial streets supporting this role. Malls

continue to act as centre anchor points but are retrofitted to

incorporate functionality with the surrounding Super Metropolitan

Centre rather than operating in their isolation away from the wider

surroundings of the Super Metropolitan Centre as they are now.

7. In Policy 4.c8 of the Super Metropolitan centre Zone I state:

a. Avoid large department stores and integrated retail developments

locating outside the core retail area where they would adversely affect

the amenity, vitality and viability of core retail areas within the Super

Metropolitan City Centre and/or centres outside of the Super

Metropolitan Centre.

8. Objective 5 and Policy 4 (in its entirety) would allow the following from the

Super Metropolitan Centre Zone Description9 to be realised:

a. A Super Metropolitan Centre does have comparisons also with the

lower order Metropolitan Centres in acting as hubs for a wide range of

6 Refer to Footnote 2

7 Evidence of Benjamin Ross, Page 55

8 Evidence of Benjamin Ross, Page 56

9 Evidence of Benjamin Ross, Page 54

activities including commercial, leisure, high density residential,

cultural, community and civic services – but also including tourism

activities. Super Metropolitan Centres development and activities are

more intense level than an existing Metropolitan Centre but not as

intense as a City Centre Zone as mentioned above.

9. Remembering though:

a. More intensive than a Metropolitan Centre in development and

catchment but less so than the City Centre Zone, the Super

Metropolitan Centre will act as smaller scale complementary regional

hub and international centre in: business, learning, innovation, industry,

entertainment, retail and hospitality, culture and urban living.10

b. The Super Metropolitan Centre makes an important contribution to our

sense of identity whether it is international, national, regional or sub-

regional in sense identity construction.11

Concluding Remarks

10. My submission and Primary Evidence is silent in regards to Integrated Retail

Developments (malls) in Metropolitan and Town Centres being inserted into

the Proposed Auckland Unitary Plan.

11. The Super Metropolitan Centre zone however, as per my submission and

Primary Evidence does mention malls/integrated retail developments as I

recognise them as centre anchor points of the Super Metropolitan Centre12.

12. Subsequently I agree with Key Retailers Group’s Legal Submission from

Paragraph 3.4 and Paragraph 3.12 in regards to Integrated Retail

Developments and the Proposed Auckland Unitary Plan given I have

10

Evidence of Benjamin Ross, Page 53 11

Evidence of Benjamin Ross, Page 54 12

Point 6.a

mentioned IRDs/malls in the Super Metropolitan Centre Zone Objectives and

Policies13.

13. This subsequent agreement is further reinforced by the summation of points

and answers to questions from The Panel on the Super Metropolitan Centre

Zone on 7 September, 2015. The summation and questions primary looking

at:

a. Geographic context of the Super Metropolitan Centre Zone.

b. Whether the Regional Policy Statement thus the Unitary Plan needs to

look at Inter-Regional situations such as the continued rise of Waikato

satellite centres and subsequently those residents heading into

Auckland for work, recreation, or retail activities.

Dated 8 September, 2015

Benjamin Ross

Submitter 1606

13

For Metropolitan Centres only, I am neutral however, for IRDs with Town Centres