District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Report on notices of requirement and modifications to existing designations for the outer islands: the Auckland City District Plan: Hauraki Gulf Islands Section – Proposed 2006

1.0 Introduction

This report considers modifications to one existing designation and two Notices of Requirement (the requirement) by Auckland City Council that were notified as part of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The existing designation is the Tryphena cemetery (57-13) and the notices of requirement apply to Okiwi airfield (42-11) and Claris airfield (54-13). 

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. Submissions and a further submission have been received and are considered as part 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 notices of requirement and submissions received. 

The recommendations contained in this report are not decisions of the council. The council will issue its decision 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 decisions will be released after all the hearings to the Plan have been completed.

2.0 The modifications and notices of requirement 

2.1 Tryphena Cemetery: designation reference 57-13

The Tryphena Cemetery is listed in Part 9.2 of Appendix G to the Auckland City District Plan: Hauraki Gulf Islands Section - Operative 1996 as follows:

K. Tryphena Cemetery
Lot 1, District Plan 39368, Aotea Parish

The land is owned by the designating authority, Auckland City Council, and the nature of the work is a cemetery. An aerial view of the site is attached as Appendix 1a. There are no conditions attached to the existing designation.

The modifications sought are to:

• Extend the designation to include 980m² of land that has been incorporated into the site following a boundary adjustment with the property to the north
• Amend the reference to the legal description as new titles have been issued following the boundary adjustment

The Form 18 request for modification is attached at Appendix 1b.

The designation is listed in Appendix 7, Table A7.3 of the Plan as follows:

Planning map ref	Address	Description of designation	Requiring authority	Conditions apply
57-13	426 Shoal Bay Road, Tryphena, Great Barrier	Tryphena cemetery	Auckland City Council	No

No conditions are proposed as part of the modification.

2.2 Okiwi Airfield: designation reference 42-11

Proposed designation 42-11 is for the Okiwi airfield. An aerial view of the site is attached as Appendix 2a. The nature of the work, as described in the Form 18 public notice, is for aerodrome purposes. Specific activities are listed in the table below. The land the subject of the designation is comprised in four certificates of titles. Two of the titles are owned by Auckland City Council and held as local purpose reserve for aerodrome purpose. The other two are owned by the Crown, administered by the Department of Conservation and held as no set purpose / recreation reserve.

Proposed designation 42-11 is listed in Appendix 7, Table A7.3 of the Plan as follows:

Planning map ref	Address	Description of designation	Requiring authority	Conditions apply
42-11	1370 Aotea Road, Great Barrier	Okiwi airfield - aerodrome purposes, including the following activities and works: In area A shown on the designation plan: Aircraft and associated operations. Use, construction and maintenance of runways, taxiways and aircraft standing areas. Use, construction and maintenance of drains. Use, construction and maintenance of irrigation systems. Removal and/or pruning of trees to prevent incursion above aircraft approach and takeoff surfaces. Navigation and safety aids - including runway lighting for night (emergency) flights, runway approach lighting, markers, wind indicators, and radio communication equipment. Terminal building - including waiting area, dedicated space for aircraft operators, retail premises ancillary to the use of the aerodrome, visitor information centre, toilets. Passenger transport facilities. Vehicle and pedestrian accessways/roadways, parking and manoeuvring areas. Signage and flags which are ancillary to and in connection with the use of the aerodrome. Landscaping and fencing. Animal pest control activities. All related construction and earthwork activities. In area B shown on the designation plan: Removal and/or pruning of trees to prevent incursion above aircraft approach and takeoff surfaces.	Auckland City Council	Yes (see table A7.4)

The notice of requirement and accompanying Assessment of Environmental Effects (AEE) is attached as Appendix 2c. The conditions proposed with the notice of requirement are listed in Appendix 7, Table A7.4 of the Plan, and are set out at Appendix 2d.

2.3 Claris Airfield designation reference 54-13

Proposed designation 54-13 is for the Claris airfield. An aerial view of the site is attached at Appendix 2b. The nature of the work, as described in the Form 18 public notice, is for aerodrome purposes. Specific activities are listed in the table below. The land is held in multiple titles, seven of which are owned by the Auckland City Council, and all held as local purpose reserve and one title is owned by the Crown and administered by the Department of Conservation as recreation reserve.

Proposed designation 54-13 is listed in Appendix 7, Table A7.3 of the Plan as follows:

Planning map ref	Address	Description of designation	Requiring authority	Conditions apply
54-13	70 Hector Sanderson Road, Great Barrier	Claris airfield - aerodrome purposes, including the following activities and works: In area A shown on the designation plan: Aircraft and associated operations. Use, construction and maintenance of runways, taxiways and aircraft standing areas. Use, construction and maintenance of helipads. Use, construction and maintenance of drains. Use, construction and maintenance of irrigation systems. Removal and/or pruning of trees to prevent incursion above aircraft approach and takeoff surfaces. Sand dune stabilisation activities. Navigation and safety aids - including runway lighting for night (emergency) flights, runway approach lighting, markers, wind indicators, and radio communication equipment. Aircraft fuelling, including storage of aviation fuel and associated facilities. Terminal buildings - including check-in, arrival and departure area, indoor and outdoor waiting areas, offices for aircraft operators and aerodrome staff, communications room, toilets. Freight handling facilities. Restaurants, cafes and retail premises ancillary to the use of the aerodrome. Visitor information centre. Rental vehicle facilities. Passenger transport facilities. Vehicle and pedestrian accessways/roadways, parking and manoeuvring areas. Signage and flags which are ancillary to and in connection with the use of the aerodrome. Landscaping and fencing. Animal pest control activities. All related construction and earthwork activities. In area B shown on the designation plan: Removal and/or pruning of trees to prevent incursion above aircraft approach and takeoff surfaces.	Auckland City Council	Yes (see table A7.4)

The notice of requirement and accompanying Assessment of Environmental Effects (AEE) is attached as Appendix 2c. The conditions proposed with the notice of requirement are listed in Appendix 7, Table A7.4 of the Plan, and are set out at Appendix 2d.

3.0 Statutory and Plan framework

This section of the report briefly sets out the statutory framework within which the independent hearing panel must consider the modifications, notices of requirement and the submissions received.

3.1 Designations

Clauses 4-9, 11, 13-16 of the First Schedule and sections 168-172 of Part VIII are the relevant provisions of the RMA.

As provided for by sections 166, 175 and 176 of the RMA, a designation is a form of land use control that overrides the provisions of a district plan. It is used by a requiring authority such as local authorities, Ministers of the Crown and network utility operators to provide for utility services and public works such as roads, railways, police stations, reserves, power supply, communication facilities and schools in the district plan. 

Contained in clause 1.6.5 of Part 1 of the Plan is reference to how designations 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."

Following the introduction of a new designation into a Plan, as specified in section 176A of the RMA, the requiring authority is to submit an outline plan of works for any development (or modifications) on the designated site (unless the conditions of the designation specify otherwise or an exemption is given by the territorial authority). The only statutory requirement for an outline plan of works is that the territorial authority has 20 working days to assess the application and make any requests to the requiring authority for changes. It is noted that there is no requirement for public (3rd party) involvement during the outline plan process (although the RMA does not prevent this) and that the requiring authority is not obligated to make any changes (although there is an opportunity for the territorial authority to appeal to the Environment Court if desired).

3.2 First Schedule

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 territorial authority 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.

In this case, Auckland City Council, who are a requiring authority, has requested modifications to an existing designation and the inclusion of two new designations (known as a notice for requirement), and that these are included as part of the notification of the Plan.

3.3 Assessment, decisions and appeal rights

Section 168A of the RMA outlines the specific process for considering and determining modifications to existing designations and a notice of requirement by a territorial authority. Because of its significance, it is reproduced in full below.

Notice of requirement by territorial authority

1. When a territorial authority proposes to issue notice of a requirement for a designation—
   1. For a public work within its district and for which it has financial responsibility; or
   2. In respect of any land, water, subsoil, or airspace where a restriction is necessary for the safe or efficient functioning or operation of a public work— it shall [[notify the requirement in accordance with section http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.93-ss.2&softpage=DOC - JUMPDEST_a1991-069/s.93-ss.293(2); and the provisions of section http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168&softpage=DOC - JUMPDEST_a1991-069/s.168168, with all necessary modifications, shall apply to such notice.
2. Sections ... , http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.96&softpage=DOC - JUMPDEST_a1991-069/s.9696, 97, and 99 to 103 shall apply, with all necessary modifications, in respect of a notice under subsection (1), as if every reference in those sections—
   1. To a resource consent were a reference to the requirement; and
   2. To an applicant [[or a consent authority]] were a reference to the territorial authority; and
   3. To an application for a resource consent were a reference to the notice under subsection http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168a-ss.1&softpage=DOC - JUMPDEST_a1991-069/s.168a-ss.1(1).
3. When considering a requirement and any submissions received, a territorial authority must, subject to Part http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fpt.2&softpage=DOC - JUMPDEST_a1991-069/pt.22, consider the effects on the environment of allowing the requirement, having particular regard to—
   1. any relevant provisions of—
      1. a national policy statement:
      2. a New Zealand coastal policy statement:
      3. a regional policy statement or proposed regional policy statement:
      4. a plan or proposed plan; and
   2. whether adequate consideration has been given to alternative sites, routes, or methods of undertaking the work if—
      1. the requiring authority does not have an interest in the land sufficient for undertaking the work; or
      2. it is likely that the work will have a significant adverse effect on the environment; and
   3. whether the work and designation are reasonably necessary for achieving the objectives of the requiring authority for which the designation is sought; and
   4. any other matter the territorial authority considers reasonably necessary in order to make a decision on the requirement.
4. The territorial authority may decide to—
   1. confirm the requirement:
   2. modify the requirement:
   3. impose conditions:
   4. withdraw the requirement.
5. (5) Sections http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.173&softpage=DOC - JUMPDEST_a1991-069/s.173173, 174, and 175 apply, with all necessary modifications, in respect of a decision made under subsection http://www.legislation.govt.nz/libraries/contents/om_isapi.dll?clientID=2818929924&hitsperheading=on&infobase=pal_statutes.nfo&jump=a1991-069%2fs.168a-ss.4&softpage=DOC - JUMPDEST_a1991-069/s.168a-ss.4(4).

As provided for by section 168A(4), the territorial authority, when exercising its regulatory duties, is able to make a decision on the notice of the requirement. This distinction is important because where the requiring authority is not the council; the territorial authority can only make recommendations. An assessment of the two modifications and the three notices of requirement, having regard to the provisions of section 168A are set out under sections 5-9 of this report. 

Sections 173 and 174 of the RMA sets out the provisions for decisions and appeal rights and provides for any person who has made a submission to appeal the decision of the territorial authority to the Environment Court.

4.0 Assessment - Tryphena Cemetery: designation reference 57-13

4.1.1 The site and surrounding neighbourhood

The boundary adjustment with the site to the north (now known as lot 1, deposit plan 3671580) has resulted in the northern boundary of the cemetery forming a straight line rather than angled, as shown on the survey plan attached to the Form 18. This boundary adjustment incorporated 980m² of land into the site, and new titles were issued on 20 December 2006. The site is now legally described as lot 2, deposit plan 367158, comprised in certificate of title NA/272414 and has a land area of 3523m². Right of way easements are provided over both lots.

The contour of the land rises from the 19.34m wide frontage off Shoal Bay Road towards the balance of the site. A large tree on the right hand side of the entrance provides a strong focal point to the entrance, and a small sign near the road frontage describes the cemetery as "Gooseberry Flat Cemetery". At present, approximately a quarter of the cemetery contains burial plots, with the remainder covered in dense vegetation.

The site is located in the 'Tryphena Settlement' and classified as 'Tryphena reserve and coastal margins'. Surrounding land is contained within the 'Tryphena residential amenity area' and includes dwellings and out buildings, all of which are set well back from the boundaries with the cemetery.

4.1.2 Section 168A

The proposed modification involves designating land that is not currently designated, and as such, requires an assessment of all the provisions contained in section 186A of the RMA. It is however, accepted that the necessity for the public work is well established and in this case, a consideration of alternatives is not required. There is however, a need to address specific matters relating to potential and actual effects on the environment that may occur with the modification and particular parts of the operative and proposed district plan.

4.1.3 Effects on the environment

The nature of the use and its separation from adjacent uses means there are no adverse effects on residential amenity or the wider Tryphena area.

Positive effects will be generated by securing, through designation, a greater land area for burial purposes. This provides for the well-being of the community as it enables persons to be buried in a place where they have a personal, historical or spiritual connection.

A large portion of the site is covered in vegetation (including the portion of land to which the modification applies). As no conditions are proposed, the designation provides for this vegetation to be removed as of right. There is, therefore, the potential for adverse effects to arise as a result of the removal of this vegetation. These adverse effects include loss of visual amenity and loss of flora and habitat for fauna. It is acknowledged that the removal of this vegetation is required for the nature of the work, and the removal is likely to occur progressively rather than all at once. Controlled removed will mitigate the extent of the effects, but as proposed, there is no ability to ensure that this occurs. A condition limiting the removal of vegetation is recommended. The justification for this condition is reinforced by the following analysis on the Plan provisions.

4.1.4 Plan provisions

The cemetery is recognised in the Tryphena settlement area provisions (refer to Appendix 1c).

The land is noted as being part of the 'Tryphena reserve and coastal margins'. The objectives, policies and rules relating to this classification are directed at the coastal area and in particular, retaining vegetation, that forms part of the coastal character. The designation is at odds with the underlying Plan provisions.

As noted in section 5.1.3 above, I have concerns that without conditions attached to the designation, there are no RMA mechanisms in place to prevent the wholesale removal of vegetation on this site. The need for controlled removal of vegetation is reinforced by part of the site (including the portion of land to which the modification applies) being recorded as a 'sensitive area' (refer to notation 57-5 shown on map 52, and attached as Appendix 1a.). It is understood this notation, which was carried over from the operative plan, relates to survey work undertaken by the Auckland Regional Council and the then Forestry Service in the 1970's, where sites with dense vegetation were marked as 'sensitive areas'. This limitation does not necessarily mean that there are currently species or habitats that are sensitive, but the council has chosen to retain this notation as a 'flag' to enable further consideration prior to development. In my view, this is all the more reason for the removal of vegetation to be carried out in a controlled manner. A condition to this effect is therefore recommended.

5.0 Assessment - Okiwi Airfield designation reference 42-11 and Claris Airfield designation reference 54-13

The statutory assessment prepared by the requiring authority assesses both notices of requirement in the one document. It is therefore appropriate to consider both under the same heading.

5.1.1 The site and surrounding neighbourhood

In the context of the following assessment, references to 'the site', refers to land forming part of the Claris airfield or the Okiwi airfield.

Both sites and their surrounds are comprehensively described in section 3 of the statutory assessment prepared by URS, and the hearings panel is directed to this assessment.

5.1.2 Section 168A

The statutory assessment comprehensively addresses section 171 (recommendation by territorial authority). Section 168A(3) of the RMA is considered the more relevant section of the RMA for notices of requirement by territorial authorities, but the matters to consider are identical therefore the content of the assessment is entirely appropriate.

Having reviewed the statutory assessment, with the exception of the two matters considered below, I am of the opinion the assessment by URS comprehensively addresses all relevant matters and I concur with the analysis. Rather than repeat the assessment, the hearings panel is directed to the document attached at Appendix 2c.

5.1.3 Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006

The proposed plan (the Plan), was not available for assessment at the time of the lodgement of the notices of requirement and is not therefore referred to the statutory assessment. The following provisions from the Plan are considered relevant to the section 168A assessment.

Part 13 -  Connectivity and linkages of the Plan recognises the importance of the two council owned airfields on Great Barrier.

13.2.3 The council owns and operates two airstrips on Great Barrier. The Plan acknowledges that air travel to Great Barrier is of increasing importance and that Claris airfield in particular plays a significant role in moving people and goods and helps enable the people and communities of Great Barrier to provide for their social and economic wellbeing.

Objective 13.3.2 and its attendant policies relate to airstrips and helipads.

Objective - airstrips and helipads

To sustainably manage the use of the islands' airstrips and helipads and associated infrastructure, while protecting the character and amenity values of the islands.

Policies

1. By recognising and providing for the use and development of airstrips used for passenger and goods transport purposes and their associated infrastructure at appropriate locations.
2. By avoiding the location of activities sensitive to aircraft noise within the Claris and Okiwi airfield noise contours, unless the adverse effects can be adequately mitigated.
3. By recognising the need for helipads in remote locations, which may be difficult to access by other modes of transport.
4. By recognising that airstrips or helipads may be required for farming activities in the landform and rural land units.
5. By not providing for helipads in locations that can adversely affect the amenity of surrounding residents.

Contained within clause 13.4.3 of the Plan is the following resource management strategy for the two airports on Great Barrier.

The council has included within the Plan designations for the commercial airfields on Great Barrier.

Similar to the provisions contained in Policy Area 3 of the operative plan, Part 10 of the Plan contains specific provisions in the Claris settlement area that recognise the importance of the airfield. Rules (including noise fans and height restrictions) are applied to protect the activity from potential reverse sensitivity effects.

The Okiwi airfield is not provided for in the Plan in the same way as the Claris settlement area. This is a reflection of the lower number of flight movements at this airfield. The noise fan and height restriction rules do however apply, in order to protect the operation of the airfield.

It is concluded from the above that the Plan provisions recognise the importance of the two airfields on Great Barrier. Securing their protection by way of designation is consistent with the provisions of the Plan.

5.1.4 Reserves Act 1977

With the exception of one parcel, all of the land the subject of the notices of requirement is held as reserve, and the majority of which is classified as 'Local purpose Reserve (Aerodrome)'. Section 40 the Reserves Act 1977 sets out the functions of the administering body.

"The administering body shall be charged with the duty of administering, managing, and controlling the reserve under its control and management in accordance with the appropriate provisions of this Act and in terms of its appointment and the means at its disposal, so as to ensure the use, enjoyment, development, maintenance, protection, and preservation, as the case may require, of the reserve for the purpose for which it is classified."

The works are entirely consistent with the classification of the land, and in particular, where it is specifically classified as 'Local purpose Reserve (Aerodrome)'.

6.0 Submissions

The submissions dealt with in this report: 353/1, 353/2, 353/3, 2381/1, 3612/1, 3796/1, 3796/2 and further submissions: 614. Copies of the submissions and the further submission are attached at Appendix 3.

6.1 Late submissions

Submission numbers 3612 and 3796 to the Okiwi airfield were received 'late', ie received after the closing date for lodging submissions (11 December 2006). All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions. This has been done in accordance with sections 37 and 37A of the RMA. Accordingly, the decisions requested by submission numbers 3612 and 3796 are considered in this report.

6.2 Tryphena Cemetery designation reference 57-13

One submission was received to this modification - number 2381/1.

6.2.1 The decisions requested

The correct name of the Tryphena Cemetery is Gooseberry Flat Cemetery.

6.2.2 Planner's analysis and recommendations

As noted in section 5.1.1 of this report, the cemetery is known as Gooseberry Flat Cemetery and recorded as such with a sign at the entrance. This matter has previously been raised with the Great Barrier Community Board who acknowledges that Gooseberry Flat Cemetery is the preferred name. This has been discussed with the requiring authority, and they have advised they have no objection to the cemetery listed in the Plan as Gooseberry Flat Cemetery.

Planner's recommendation on submission: submission 2381/1 be accepted.

6.3 Okiwi Airfield designation reference 42-11

Six submissions were received to this modification - numbers 353/1, 353/2, 353/3, 3614, 3796/1 and 3796/1 and one further submission numbered 614.

6.3.1 The decisions requested

353/1: Delete condition 2.2 in table A7.4 as it is neither practicable nor necessary to limit aircraft movements at Okiwi airfield at this time

353/2: In table A7.3, description of designation 42-11, add "Helipads".

353/3: To condition 6.1b in table A7.4, add "Regard for the safety of parked vehicles is to be taken into account, and screening should not facilitate vandalism or theft."

3612/1: To ensure that Okiwi Airstrip is sealed so that it becomes an all weather facility.

3796/1: Define the terms used in relation to Airfields in particular Okiwi airfield (map 42-11) e.g. Does the term 'flight movements' apply to all types of aircraft, or only aeroplanes, or somewhere in between ? Does a 'flight movement' comprise a take-off and landing or a take-off or landing?

3796/2: Once the term airfield is defined and any other undefined terms are defined, repeat the submission process, as it is impossible to interpret the plan's intent from the information supplied, ie. the consultation process has been inadequate.

Further submission:

614/1: supports all parts of submission 353/1, 353/2, 353/3

6.3.2 Planner's analysis and recommendations

The supporting information provided with the notice of the requirement includes a survey of daily movements and an average number of movements, which currently do not exceed 19.7. Allowance has been made in condition 2.2 for increased use of the airfield by providing for 30 movements in any one day, and the noise assessment has been based on this number of movements. The requiring authority is responsible for establishing the necessity for the works, and considers that 30 movements are sufficient to cater to the current demand and into the foreseeable future. The requiring authority may wish to elaborate on this at the hearing. Notwithstanding whether 30 is the appropriate number of flight movements, it is appropriate for the requiring authority to set a maximum limit as this provides a level of certainty for all parties, including persons who may not currently reside in the area, but may do so in the future. It is therefore recommended that condition 2.2 be retained and submissions 353/1 and further submission 614 be rejected.

Provision has not been made at Okiwi airfield for helipads (except for emergency services). Helicopters will generate different noise effects and potentially different effects on ecology (particularly bird-life) than aeroplanes. While the environment may be able to absorb these effects, further assessment would be required. The requiring authority may wish to address this submission at the hearing, but in the absence of an established need for helicopter pads, it is recommended that submission 353/2 be rejected.

The decision requested with respect to submission 353/3 (ensure landscaping addresses potential vandalism to parked vehicles) is appropriate, and it is recommended that words to this effect are included in condition 6.1b.

The conditions of the designation do not preclude the sealing of the airstrip or that it becomes an all weather facility (submission 3612/1). Whether the requiring authority chooses to seal the airstrip is a decision for the council as landowner and is not a condition required to mitigate adverse effects generated by the activity. It is also noted that imposing such as condition would create considerable inconvenience, as it would mean that the airfield could not operate until it was sealed.

The term 'flight movement' is consistently defined in the supporting information as a single movement being an arrival or a departure. In other words, a return journey is two movements; consisting of one arrival and one departure. While flight movements are defined in the supporting documentation, it is agreed that this should be made clear in the conditions. It is recommended that submission 3796/1 be accepted.

Submitter 3796/2 will have an opportunity at the hearing to comment on lack of consultation and concern regarding a lack of a definition of 'flight movements' in the conditions. For this reason, it is recommended that the decision requested to repeat the submission process be rejected.

Planner's recommendation: submissions 353/1, 353/2, 3612/1, 3796/2 and further submission 614 be rejected and submissions 353/3 and 3796/1 be accepted.

6.4Claris Airfield designation reference 54-13

No submissions were received this to notice of requirement.

7.0Conclusion

This report assesses the modification to an existing designation and the notices of requirement for two proposed designations where the requiring authority is the territorial authority (the Auckland City Council). The modification and proposed designations were notified as part of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006. 

The report identifies the primary issues, summarises the submissions received and provides an assessment pursuant to section 168A of the RMA.

Subject to a condition on vegetation removal, the modifications to the Tryphena Cemetery satisfy the relevant statutory provisions.

It is accepted that the Okiwi and Claris airfields are two essential services for Great Barrier Island and it is appropriate that they are protected by designation. The statutory assessment comprehensively assesses the existing and proposed effects (providing for a moderate extension of the airfields) and subject to minor amendments to the conditions proposed, the effects on the environment are acceptable.

8.0Recommendations

That, subject to new or contrary evidence presented at the hearing that would lead to a different conclusion, the following is recommended:

8.1Recommendation 1 modifications to Tryphena Cemetery: designation reference 57-13

That in accordance with Section 168A of the Resource Management Act 1991, the panel recommends that the Auckland City Council confirm the modification to the Tryphena Cemetery at 426 Shoal Bay Road, Tryphena, legally described as  lot 2, deposit plan 367158, comprised in certificate of title NA/272414.

This is subject to the following conditions outlined below:

1. Vegetation beyond the area of the existing burial plots (as at 18 September 2006) shall only be removed where required for works consistent with the subject of the designation. The vegetation removed shall not exceed an area greater than 10% of the total amount of vegetation on the site in any one calendar year.
2. Condition 1 above may be varied where an assessment from a suitably qualified ecologist confirms that the removal of more than 10% of the total amount of vegetation on the site in any one calendar year can be sustained from an ecological perspective. This assessment shall be to the satisfaction to the Team Leader, Planning Hauraki Gulf Islands

The reasons for this recommendation are as follows:

1. The modification is reasonably necessary as it provides for the extension of an existing public work for which a demonstrable need or objective has been established.
2. The works will have no more than a minor adverse effect on the environment, subject to a condition restricting the amount of vegetation removal.
3. The designation is not contrary to the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

8.2Recommendation 2 proposed designation Okiwi airfield: designation reference 42-11

That in accordance with Section 168A of the Resource Management Act 1991, the panel recommends that the Auckland City Council confirm the notice of requirement for aerodrome purposes at the Okiwi airfield at 1370 Aotea Road, Great Barrier, comprised in certificate of title/gazette references gazette 1994 p1063, gazette 1995 p2437, CT 15B/430, gazette 1995 p4473.

This is subject to the following amendments to condition 2.2 and 6b, as outlined below:

1. Condition 2.2 of the notice of requirement shall be amended to read as follows (additions to conditions are underlined):

   2.2 Flight movements shall not exceed 30 movements per day. A flight movement is defined as a single take off and a single landing. A return flight is therefore two movements.

2. Condition 6.1b shall be amended to read as follows (additions to conditions are underlined):

   6.1 Prior to the construction of any new buildings or vehicle parking and manoeuvring areas in accordance with an approved concept development plan, the requiring authority shall prepare a landscape management plan. This plan shall demonstrate how aerodrome facilities (excluding runways and other areas used for aircraft movements) are to be appropriately visually integrated with the surrounding landscape, including:

   1. The design and external appearance of buildings and structures, including the type and colour of roofing and cladding materials to be used;
   2. Proposed landscape treatment, including:
      • Details of plant species proposed to be used. Where practicable, locally sourced native species shall be used;
      • The treatment of parking areas, including for example the use of permeable 'green' surfaces, breaking up the parking into smaller areas, and using planting to break up, screen or disguise parking areas;
      • Regard to the principles of crime prevention through environmental design (CPTED), having particular consideration to the screening of carparks;
   3. The dimensions, graphic content and colouring of proposed signage. All signs shall comply with the provisions of the relevant Auckland City bylaw (Part 27 - Signs).

   The landscape management plan shall be submitted to the council for approval prior to commencement of construction, with the approved landscape treatment subsequently being implemented no later than the first planting season immediately following completion of construction.

The reasons for this recommendation are as follows:

1. The designation is reasonably necessary as it provides for an existing public work for which a demonstrable need or objective has been established.
2. The conditions attached to the designation, subject to the amendments above, avoid, remedy or mitigate, to an acceptable level, the potential and actual effects of the works on the environment.
3. The designation is consistent with the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

8.3Recommendation 3 proposed designation Claris airfield: designation reference 54-13

That in accordance with Section 168A of the Resource Management Act 1991, the panel recommends that the Auckland City Council confirm the notice of requirement for aerodrome purposes at the Claris airfield at 70 Hector Sanderson Road, Great Barrier, comprised in certificate of title/gazette references gazette 1994 p1063, NA93D/667 (gazette 1990 p3433 and 1994 p1063), NA118B/994 (gazette 1998 p1174), NA118B/995 (gazette 1998 p1174), NA118B/996 (gazette 1998 p1174),  gazette 1996 p1126.

This is subject to the following amendment to condition 2.2, as outlined below:

1. Condition 2.2 of the notice of requirement shall be amended to read as follows (additions to conditions are underlined):

   2.2 Flight movements shall not exceed 60 movements per day. A flight movement is defined as a single take off and a single landing. A return flight is therefore two movements.

The reasons for this recommendation are as follows:

1. The designation is reasonably necessary as it provides for an existing public work for which a demonstrable need or objective has been established.
2. Subject to the amendment above, the conditions attached to the designation avoid, remedy or mitigate, to an acceptable level, the potential and actual effects of the works on the environment.
3. The designation is consistent with the relevant provisions of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006.
4. The designation is consistent with Part II, the purpose and principles of the Resource Management Act 1991.

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