District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Report on submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006

1.0 Introduction

This report considers submissions that were received by the council in relation to appendix 7: existing designations for the outer islands of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'), excluding those designations where the requiring authority is Auckland City Council, which are dealt with in a separate report. The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007. No further submissions were received with respect to the three designations the subject of this report.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the submissions on appendix 7: existing designations for the outer islands, excluding those designations where the requiring authority is Auckland City Council. This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions.

The recommendations contained in this report are not recommendations of the council. The council will issue its recommendations following a review of the report of the independent hearings panel who will consider the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's recommendations will be released after all the hearings to the Plan have been completed.

2.0 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the submissions.

In accordance with the provisions of clause 4 of the First Schedule of the RMA (requirements to be inserted prior to notification of proposed district plans), the council has invited the requiring authorities for existing designations to advise whether they require the designation to be included in the proposed plan, with or without modification.

The requiring authority for each of the designations the subject of this report are Ministers of the Crown and the designations are 'rolled over' without modification from the Auckland City District Plan: Hauraki Gulf Islands Section - Operative 1996.

As required by section 171(2) of the RMA:

"The territorial authority may recommend to the requiring authority that it—

1. confirm the requirement:
2. modify the requirement:
3. impose conditions:
4. withdraw the requirement"

Clause 9(4) of the First Schedule (recommendations and decisions on requirements) of the RMA requires that:

"Nothing in this clause shall allow the territorial authority to make a recommendation or decision in respect of any existing designations or heritage orders that are included without modification and on which no submissions are received."

No submissions have been received on the following designations:

• 50-5, 420 Gray Road, Great Barrier: Defence purposes
• 54-10, 175 Hector Sanderson Road, Great Barrier: Police Station.

Accordingly, the council is unable to make a recommendation on these two designations, and this report makes no further reference to these designations.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with designations and lists those designations the subject of this report.

Contained in clause 1.6.5 of Part 1 of the Plan is reference to how designations and notices of requirement are included in the Plan.

"Sites which are subject to a designation are identified on the planning maps by means of a distinctive notation and a map reference number. The reference number links to further information in appendix 7 - List of designations, which describes the designation and any associated conditions.

The effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose."

This report relates to Table A7.3: Designations - outer islands, and in particular, existing designations, which have been rolled over from the Operative Plan. The designations are:

• 42-10, 1 Mabey Road, Great Barrier: Okiwi Primary School
• 54-9, 44-50 Kaitoke Lane, Great Barrier: Kaitoke Primary School
• 57-12, 271 Shoal Bay Road, Great Barrier: Mulberry Grove Primary School

Copies of the Form 18 for each of these designations are attached at appendix 1. For all other designations in the outer islands, the council is the requiring authority, and these are addressed in a separate report.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about designations 42-10, 54-9 and 57-12 and recommends how the panel could respond to the matters raised and decisions requested in submissions. While the relevant statutory matters (identified in section 2.0 of this report) will not necessarily be referred to directly, the discussion and recommendations have given appropriate consideration to these and any other relevant matters.

The submissions are contained in appendix 2. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 3.

All the submissions considered in this report were received by the closing date for lodging submissions (11 December 2006).

4.2 Submissions about designations 4-10: Okiwi Primary School and 57-12: Mulberry Primary School

Submissions dealt with in this section: 1056/1 and 1085/1

4.2.1 Decisions requested

Submission 1056/1 seeks to amend the address at Appendix 7, Table A7.3 designation reference 42-10 Okiwi Primary School to read 'Aotea Road, Okiwi, Great Barrier Island'.

Submission 1085/1 seeks to amend the address at Appendix 7, Table A7.3, designation reference 57-12 (Mulberry Grove Primary School) to read 'Shoal Bay Road, Tryphena, Great Barrier Island'.

4.2.2 Planner's analysis and recommendations

In the Operative Plan, the Okiwi and Mulberry Grove Primary schools were referenced to by legal description as the council did not refer, at this time, to sites on Great Barrier by street address. Since then, the council has introduced street numbering, and property files and the council's land database, (known as GIS) are maintained by street address. For consistency and accuracy, it is preferable that the Plan refer to these designations by their known address.

Planner's recommendation: submissions 1056/1 and 1085/1 pertaining to designations 4:10 and 57:12 be rejected.

4.3 Submissions about designation 54-9

Submissions dealt with in this section: 2722/1 and 2722/2

4.3.1 Decisions requested

Submission 2722/1 by the requiring authority notes that Kaitoke School is a state, full primary catering for year 1 - year 8 students.

Submission 2722/2 by the requiring authority notes that Aotea Island Playcentre also operates on the school site and caters for all years up to 5 years old.

4.3.2 Planner's analysis and recommendations

The requiring authority's Form 18 notice of confirmation of designation 54-9: Kaitoke Primary School stated,

"The nature of the public work is as follows:

The school provides facilities for education of student for years 1-6. The work is in accordance with the definition of 'educational facilities' in Chapter 11 (Definitions) of the Hauraki Gulf District Plan, which is as follows:

"means land and or buildings used to provide regular instruction or training in accordance with a systematic curriculum by suitably qualified instructors and includes schools, technical institutes, teachers colleges, universities, outdoor centres and sports training establishments."

As listed in the Plan, designation 54-9: Kaitoke Primary School does not contain conditions or limit the students to years 1-6. The Form 18 does however define the nature of the work. To address this, the Ministry, on advice from Kaitoke School, has lodged a submission to reflect that it caters for year 1-8 students. Rather than lodge a submission, it would have been preferable for the Ministry to amend the Form 18. At this point, the council could simply accept the submission as it does not require any changes to the Plan. For administrative simplicity, it is recommended that the submission be accepted.

By way of submission, the Ministry has sought to include the Aotea Island Play Centre within the scope of the designation. The Ministry has referred to the definition of education facility in Chapter 11 of the Operative Plan. In the Proposed Plan, definitions are contained in Chapter 14, but the definition for 'educational facility' remains the same. It is however, noted in the Plan that, 'play centre' falls within the definition of a 'care centre' rather than 'educational facility'.

"Care Centre means land or buildings where any of the following apply:

1. Three or more children (in addition to the children of the person in charge) aged 5 years or younger are educated and cared for. It may be licensed as such by regulation.
2. Three or more children aged 5 years or older (in addition to the children of the person in charge) are cared for out of school hours.
3. Elderly people are cared for during the day.
4. People with disabilities are cared for during the day.

It includes creches, playcentres, kindergartens, childcare centres, kohanga reo, and play groups."

As with the above submission, rather than lodge a submission, it would have been preferable for the Ministry to amend the designation. At this point, the council could simply accept the submission as it does not require any changes to the Plan. For administrative simplicity, it is recommended that the submission be accepted.

Planner's recommendation: submissions 2722/1 and 2722/2 pertaining to designations 54:9 be accepted.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding appendix 7: existing designations for the outer islands, excluding those designations where the requiring authority is Auckland City Council, of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and while a number of submissions are accepted, no changes to the Plan are required. These recommendations are made prior to the hearing of submissions and therefore without the benefit of evidence which may be presented at that time. At this stage before the hearing, it is recommended that this part of the Plan be approved (as outlined in appendix 3), for the reasons outlined in this report.

	Name and title of signatories	Signature
Author	Tania Richmond: Consultant Planner
Reviewer	Megan Tyler, Manager: Islands
Approver	Penny Pirrit, Manager: City Planning

Submissions

View the submissions.

Recommended amendments to the Plan

Table A7.3: Designated sites - outer islands

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