Plans, policies and reports

YOU ARE IN: Your council > Plans, policies and reports

District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Hearing reports index

Appendix 11 - Sustainable design guidelines for the islands

Report to:	The Hearing Panel
Author:	Sarah Smith, assistant planner
Date:	23 July 2008
Group file:	314/274033

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to Appendix 11 – Sustainable design guidelines for the islands of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007.

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 11. 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. Further submissions are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of 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 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the submissions. In preparing this report the submissions and, in particular, the decisions requested in the submissions, have been considered in light of the relevant statutory matters. These were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

The objectives of the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1).
The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
4. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

The purpose of the RMA is "to promote the sustainable management of natural and physical resources", and "sustainable management" is defined in section 5(2) as meaning:

"... managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

Along with section 5, part 2 of the RMA includes sections 6 (matters of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range of matters that the council needs to recognise and provide for in achieving the purpose of the RMA. Those matters are also relevant when considering submissions.

The Plan must assist the council to carry out its functions under section 31 of the RMA. These functions are:

"(a) The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:

(b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

(i) the avoidance or mitigation of natural hazards; and

(ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:

(iii) the maintenance of indigenous biological diversity:

(d) The control of the emission of noise and the mitigation of the effects of noise:

(e) The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes."

In addition to the matters listed above from the Eldamos decision:

The Plan must "give effect to" any national policy statement and any New Zealand coastal policy statement (s75(3)(a) and (b)).
The Plan must "give effect to" the regional policy statement (made operative after 10 August 2005) (s75(3)(c)).
The Plan must be "not inconsistent with" any regional plan (s75(4)).
The council must ensure that that the Plan does not conflict with sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA"). Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand coastal policy statement under the RMA.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with Appendix 11 – Sustainable design guidelines for the islands.

Appendix 11 – Sustainable design guidelines for the islands has three primary objectives:

to encourage the community to use sustainable design in their buildings and surroundings
to guide planners to assess the extent to which an applicant has investigated alternatives in terms of sustainable building design
to assist the applicant of a discretionary activity to comply with this assessment criteria.

It has been identified that there is a growing awareness of the need to manage our environment in a way which has the least adverse impact on natural systems and other living organisms as well as providing the best possible outcomes for communities now and in the future. These guidelines educate and encourage technologies that have the least adverse impact on our environment to ensure we provide for now and the future. These sustainable features are identified and described in brief with further information sources provided for the user to obtain full and up to date information.

The approach the council has taken towards these sustainable design guidelines is to place them in the Plan with a non-regulatory status. Rating assessment tools, such as the home energy rating system, will provide a measure for permitted sustainable building design provisions. These tools are currently being developed and until they are developed and proven the council considers it should not provide enforceable sustainable design provisions within the Plan.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about appendix 11 – sustainable design guidelines for the islands and recommends how the panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. 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.

A list of the submissions which raise issues about appendix 11 – sustainable design guidelines for the islands together with the related further submissions is contained in appendix 1. Appendix 2 contains copies of the submissions and further submissions. 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.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', ie they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007). 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 listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

4.2 Submissions about Great Barrier Island

Submissions dealt with in this section: 70/1, 1405/6, 1406/6, 2528/1

4.2.1 Decisions requested

Submission 70/1 seeks the cessation of any mention of appendix 11 in regard to Great Barrier Island.

Submissions 1405/6 and 1406/6 seek that the provisions within appendix 11 remain as non-statutory guidelines with respect to Great Barrier Island.

Submission 2528/1 requests that appendix 11 be deleted from the Plan relating to Great Barrier Island.

4.2.2 Planner's analysis and recommendations

4.2.2.1 Deleting appendix 11 in relation to Great Barrier Island

The submission further states that the climate on Great Barrier Island is temperate and appendix 11 adds vastly to building costs for no apparent reason.

Appendix 11 provides guidelines for sustainable design on all of the islands. There is no specific mention of Great Barrier Island.

These guidelines may add to building costs through implementing sustainable technologies that result in benefits to the owner and the environment. These benefits include among others, long-term lowered energy costs, waste minimisation and reduced sediment pollution in water. The immediate capital costs of creating a sustainable building may be higher but the expenses thereafter are lower than a non-sustainable building. Therefore, there are medium and long-term benefits in constructing a sustainable building.

The benefits received are good reasons to incur additional costs in achieving an improved building design that is more sustainable.

It is recommended that submissions 70/1 and 2528/1 be rejected as the additional costs of sustainable design are beneficial to the islands and the environment.

4.2.2.2 Non-statutory guidelines

The guidelines are non-mandatory with regards to all islands. These guidelines will remain non-mandatory unless there is a change to the RMA or other relevant statutes, which require sustainable design guidelines to be incorporated into district plans, or if the council changes their approach to sustainability.

It is recommended that submissions 1405/6 and 1406/6 be accepted as they seek a non-statutory status for the guidelines which currently exists, and therefore no amendments are recommended.

Planner's recommendations about submissions regarding Great Barrier Island

That submissions 70/1 and 2528/1 be rejected.

That submissions 1405/6 and 1406/6 be accepted with no amendments to the Plan.

4.3 Submissions about further education

Submissions dealt with in this section: 1206/5

4.3.1 Decisions requested

Submission 1206/5 seeks that the public has more education easily available about alternative possibilities for toilets that are easier on the environment as they do not use, and then make toxic, large quantities of drinking water.

4.3.2 Planner's analysis and recommendations

The submission further states that this water might need to be more available for gardens in the advent of climate change or peak oil as food becomes as priority, than be simply just flushed away causing more problems with septic tanks overflowing and causing problems on our beaches.

The Plan currently introduces the reader to the various options of toilet systems in appendix 11, clause 7.4 Wastewater systems, such as the incinerator toilet, aerated composting toilet and the solar compost toilet.

Appendix 11 also provides guidance as to where to find more information in clause 8.3 – Further information, on subject matters such as composting toilets and wastewater disposal systems for domestic households.

It is unnecessary to provide more education about alternative toilet systems within the Plan, and therefore it is recommended that this submission be rejected.

Planner's recommendations about submissions seeking more education

That submission 1206/5 be rejected.

4.4 Submissions about removal of appendix 11

Submissions dealt with in this section: 453/1, 455/1, 1451/1, 1495/1, 1464/1, 1455/1, 1425/1, 1392/1, 1385/1, 1377/1, 1373/1, 1343/1, 1315/1, 1501/1, 1560/1, 1574/1, 1949/1, 1959/1, 1943/1, 1917/1, 2178/1, 2224/1, 2244/1, 2269/1, 2307/1, 2331/1, 2414/1, 2442/1, 2455/1, 2469/1, 2743/1, 2853/1, 3501/14, 3633/1, 3674/1, 3752/1, 3779/1

4.4.1 Decisions requested

4.4.1.1 Removal of appendix 11

Submissions 453/1, 455/1 and 3501/14 seek to remove appendix 11 in its entirety.

Submission 1959/1 seeks that appendix 11 is deleted.

4.4.1.2 Remove appendix 11 and replace with new appendix

Submissions 1315/1, 1343/1, 1373/1, 1377/1, 1385/1, 1392/1, 1425/1, 1451/1, 1455/1, 1464/1, 1495/1, 1501/1, 1560/1, 1574/1, 1917/1, 1943/1, 1949/1, 2178/1, 2224/1, 2244/1, 2269/1, 2307/1, 2331/1, 2414/1, 2442/1, 2455/1, 2469/1, 2743/1, 2853/1, 3633/1, 3674/1, 3752/1 and 3779/1 seek that appendix 11 is deleted and replaced with a greatly reduced schedule of technical references to specific features or guidelines which comply with council's current policies and broadly meets council's current goals.

4.4.2 Planner's analysis and recommendations

4.4.2.1 Removal of appendix 11

The submissions further state that appendix 11 is not relevant as part of the rules and that it is overbearing and patronising. They also state that it invades on personal and civil rights. They also state that this appendix should not be given the status of inclusion in a statutory and regulatory document, as by including it in the Plan it gives its contents a status they do not deserve or warrant.

Appendix 11 has many roles within the Plan, these include:

1) Providing guidance to planners when assessing discretionary activities.

2) Providing guidance to applicants so they can comply with assessment criteria.

3) Encouraging sustainable design.

4) Promoting sustainable management.

The above roles illustrate that the appendix is relevant as part of the rules and that it is appropriate for the appendix to be part of the Plan. There are also references throughout the Plan in Part 2, Part 10 and Part 11 to direct the user to appendix 11.

The purpose of the RMA is 'to promote the sustainable management of natural and physical resources'. The appendix has been used as a method to promote sustainable management within the Plan, and therefore it is assisting the council to meet its statutory requirements of giving effect to the RMA.

The Plan is intended for a range of users, some of who will not have a full understanding of sustainable design, and therefore it is appropriate for the Plan to be written at a basic level. This may seem patronising to some who have a comprehensive understanding of sustainable design, however the target audience has a diverse knowledge base and therefore the appendix needs to provide for these different audiences.

It is therefore not appropriate to remove appendix 11 from the Plan on the basis of it being patronising, overbearing and invading civil rights. It is also not appropriate to remove the appendix due to its role in meeting statutory requirements.

It is recommended that submissions 453/1, 455/1, 3501/14, 1959/1 and 3501/14 be rejected.

4.4.2.2 Remove appendix 11 and replace with a new schedule

These submissions further state that the appendix is a mixture of light technical information, useful design, planning guidelines and propaganda. It also states that the appendix should not be given the status of inclusion in a statutory and regulatory document.

As discussed above in clause 4.4.2.1, it is not appropriate to remove appendix 11 from the Plan, as it has important roles within the Plan.

Replacing appendix 11 with a greatly reduced schedule of technical references is not supported, as it is necessary to introduce the user to the specific sustainable features and technologies before referring them to external technical references.

Appendix 11 is intended to provide guidelines that introduce the user to the different sustainable features and technologies available; appendix 11 assumes that not all of the community are aware of the sustainable technologies available and that a basic introduction to these is required for those people.

By only providing a schedule of technical references it would be assuming that all of the individuals in the community have full knowledge on the sustainable technologies available. This is not the case and therefore a schedule of technical references is not sufficient on its own to provide the appropriate education and encouragement.

It is recommended that these submissions be rejected.

Planner's recommendations about submissions seeking removal of appendix 11

That submissions 453/1, 455/1, 1451/1, 1495/1, 1464/1, 1455/1, 1425/1, 1392/1, 1385/1, 1377/1, 1373/1, 1343/1, 1315/1, 1501/1, 1560/1, 1574/1, 1949/1, 1959/1, 1943/1, 1917/1, 2178/1, 2224/1, 2244/1, 2269/1, 2307/1, 2331/1, 2414/1, 2442/1, 2455/1, 2469/1, 2743/1, 2853/1, 3501/14, 3633/1, 3674/1, 3752/1 and 3779/1 be rejected.

4.5 Submissions about the position of Appendix 11

Submissions dealt with in this section: 1181/2

4.5.1 Decisions requested

Submission 1181/2 requests that Appendix 11 be placed in the first part of the Plan.

4.5.2 Planner's analysis and recommendations

The first part of the Plan comprises of an introduction, resource management overview, strategic management areas and general rules. The current layout of the Plan is logical and successful in taking the user through a 'journey' of obtaining an understanding of the framework and strategic direction for resource management in the Hauraki Gulf before setting out the provisions of the Plan.

Part 2 of the Plan provides an introduction to sustainable management and explains how sustainable management is integrated into the Plan. In this part, the Plan also directs the user to appendix 11. Placing appendix 11 in the first part of the Plan would not provide further clarity to the Plan.

It is recommended that this submission be rejected.

Planner's recommendations about submissions seeking re-positioning of Appendix 11

That submissions 1181/2 be rejected.

4.6 Submissions about electricity generation

Submissions dealt with in this section: 2700/1

4.6.1 Decisions requested

Submission 2700/1 seeks for the Plan to encourage the generation of electricity on Waiheke Island.

4.6.2 Planner's analysis and recommendations

The submission further states that it is essential that Waiheke Island is self-supporting with electrical energy, and a wind farm is the obvious answer.

The Plan does not cover solar panels for general electricity generation beyond heating water, and the use of wind generators.

Solar panels and wind generators both have high capital outlays but the long-term benefits of these renewable energy sources are significant. They can reduce electricity bills and the exposure to fluctuating and steadily rising electricity prices. Supplementary to the reduction in expenses, these renewable energy sources also greatly benefit the environment. Both solar panels and wind generators contribute to the reduction of greenhouse gas emissions; for example a 2kW solar module system on a house will prevent the emission of about 40 tonnes of CO² during its projected 30 year lifetime (Energy Efficiency and Conservation Authority, 2005).

It is considered appropriate that the Plan encourages electricity generation by means of solar panels and wind generators.

It is therefore recommended that this submission be accepted.

Planner's recommendations about submissions seeking encouragement of electricity generation

That submission 2700/1 be accepted, and appendix 11 be amended accordingly to include a clause under part 5 – Energy to encourage renewable energy sources, in particular solar panels and wind generators.

4.7 Submissions about promoting sustainable technologies

Submissions dealt with in this section: 1136/3

4.7.1 Decisions requested

Submission 1136/3 seeks that the Plan facilitates and promotes the provision of sustainable technologies, as mandated by the community, which provide for sustainable management, and enhancement of air, soil and water qualities beyond their present conditions.

4.7.2 Planner's analysis and recommendations

The Plan currently facilitates and promotes the provision of sustainable technologies, as requested by the submitter, through appendix 11.

Appendix 11 promotes and facilitates sustainable technologies such as onsite wastewater systems and passive solar design. The purpose of the appendix is to encourage the community to become more sustainable and suggests ways in which they can achieve this.

The appendix was formed with the involvement of a sustainability focus group, which comprised members of the community along with council staff.

The focus group had particular consideration for alternative wastewater methods, water supply and sustainable design for buildings.

It is recommended that this submission be accepted as the Plan already promotes sustainable technologies.

Planner's recommendations about submissions seeking promotion of sustainable technologies

That submission 1136/3 be accepted with no amendments to the Plan.

4.8 Submissions about stormwater

Submissions dealt with in this section: 2701/1

4.8.1 Decisions requested

Submission 2701/1 seeks that stormwater, with pollutants, be stopped from gushing onto beaches and scouring them.

4.8.2 Planner's analysis and recommendations

Appendix 11 cannot stop stormwater from gushing onto beaches as they are only guidelines and not mandatory. However, the guidelines do promote low impact design. Low impact design is a site design approach that uses natural site features for stormwater management such as swales, raingardens and having large areas of permeable surfaces.

Low impact design will reduce the amount of stormwater that reaches the beaches by addressing it onsite through these design features.

It is also noted that the Auckland Regional Council is responsible for the discharge of stormwater and therefore the Auckland Regional Plan: Air, Land and Water administers this.

It is recommended that this submission be rejected, as the guidelines are not able to stop stormwater gushing onto the beaches, they can only encourage stormwater management to address this issue.

Planner's recommendations about submissions seeking stormwater management

That submission 2701/1 be rejected.

4.9 Submissions about inclusions in the appendix

Submissions dealt with in this section: 365/1, 365/2

4.9.1 Decisions requested

Submission 365/1 seeks the inclusion of a recommendation in appendix 11 that all new housing have a minimum of 10,000 gallons water storage to protect the future availability of ground water for all.

Submission 365/2 seeks the inclusion of a section on climate change in appendix 11 as it seems to have been left out.

4.9.2 Planner's analysis and recommendations

4.9.2.1 Rainwater storage

There are no reticulated water supplies on Waiheke or Great Barrier and therefore rainwater tanks must be used. In general, tank manufacturers will recommend the appropriate volume of tank storage required to meet the occupants needs based on information such as the:

roof size
number of people living in or using the building
number of bathrooms and toilets in the building
space on the section available for the tank.

It is therefore unnecessary for the appendix to make a recommendation for the minimum water storage of new houses as a discussion with the tank supplier can provide this. In addition, there are many varying factors assessed to determine the tank storage required for a house and therefore a fixed recommendation in the appendix could be misleading.

However, it is acknowledged that rainwater collection is an essential requirement of the islands and therefore it is important to make comment on the importance of buying the right sized water tank.

It is recommended that this submission be accepted in part and the wording be included of the importance of rainwater tank storage and how there are many variables that need to be considered when deciding the appropriate size.

4.9.2.2 Climate change

'Keeping Auckland's Future Bright' states that it is widely accepted by scientists throughout the world that the earth is warming, due in part to the very high concentration of CO2 gas in the atmosphere resulting from human activity. The Intergovernmental Panel on Climate Change (IPCC) states that scientists are 90 per cent sure human activity is largely to blame for this change in climate and the rapid rate of the change. In particular, there will be increased risk to property and infrastructure on the islands from rising sea levels, storm surges and an increase in the magnitude and frequency of severe weather events.

The council is undertaking various initiatives to reduce greenhouse gas emissions including these guidelines. It is therefore considered appropriate to indicate the climate change issue in these guidelines.

Planner's recommendations about submissions seeking inclusions

That submission 365/1 be accepted in part and appendix 11 be amended to include wording around the importance of rainwater tank storage.

That submission 365/2 be accepted and appendix 11 be amended to provide a succinct explanation of climate change and its association with sustainable design guidelines.

4.10 Submissions about the status of the appendix

Submissions dealt with in this section: 3406/2

4.10.1 Decisions requested

Submission 3406/2 requests for appendix 11 to be upgraded to an enforceable, holistic and credible sustainability provision that will have similar legal status as other parts of this plan.

4.10.2 Planner's analysis and recommendations

During the review period the council had to decide on its approach towards sustainable building design. Two principal options came out of the review process.

The first was to permit activities that were measurably against some standard or rating system. For example, as a permitted activity, every new dwelling must be constructed to a minimum four-star rating standard as measured against the Home Energy Rating Scheme (HERS). This approach would achieve sustainable outcomes; however, it relies on a rating scheme.

At the time of writing this report the HERS was being developed by the Energy Efficiency and Conservation Authority. It has since been launched – December 2007. The scheme which is voluntary, involves costs to the homeowner for a qualified assessor. It is considered inappropriate to include a rule in the Plan to enforce new homes to meet a certain rating when the costs involved will be carried by the homeowner.

It is also noted that this rating assessment tool is new and has not been proven; therefore it would be inappropriate to include permitted activities measured against this tool in the Plan

The second approach considered for sustainable building design in the Plan was to require that every new building require a resource consent to determine the sustainable design component. However, this approach would also impose a cost on the community in terms of consent costs.

Therefore, the council took the approach of placing sustainable design guidelines in the Plan with a non-mandatory status, with the opportunity to place enforceable rules in the Plan in the future when rating assessment tools have been developed and proven.

It is recommended that this submission be rejected.

Planner's recommendations about submissions seeking enforceable sustainability provisions

That submission 3406/2 be rejected.

4.11 Submissions about alternatives to appendix 11

Submissions dealt with in this section: 1495/3, 1464/3, 1451/3, 1425/3, 1392/3, 1385/3, 1377/3, 1373/3, 1343/3, 1315/3, 1455/3, 1501/3, 1560/3, 1574/3, 1917/3, 1943/3, 1949/3, 1959/2, 2178/3, 2224/3, 2244/3, 2269/3, 2307/3, 2331/3, 2414/3, 2442/3, 2455/3,

2469/3, 2743/3, 2853/3, 3061/18, 3633/3, 3674/3, 3752/3, 3779/3

4.11.1 Decisions requested

Submission 3061/18 seeks an alternative to a sustainability appendix to include a new part 14 headed 'Sustainable management systems and methods', setting out the various provisions in the Plan designed for that purpose in relation to each resource area, for example tools and systems to achieve integrated and sustainable management of water resources.

Submissions 1495/3, 1464/3, 1451/3, 1425/3, 1392/3, 1385/3, 1377/3, 1373/3, 1343/3, 1315/3, 1455/3, 1501/3, 1560/3, 1574/3, 1917/3, 1943/3, 1949/3, 1959/2, 2178/3, 2224/3, 2244/3, 2269/3, 2307/3, 2331/3, 2414/3, 2442/3, 2455/3, 2469/3, 2743/3, 2853/3, 3633/3, 3674/3, 3752/3 and 3779/3 seek for appendix 11 to be published as a separate publicity document which is cross referenced back to relevant sections in the Plan this would then allow the document to be kept up to date and be used as a relevant resource without the regulatory overtones they acquire by inclusion in the Plan.

4.11.2 Planner's analysis and recommendations

4.11.2.1 New part 14

Appendix 11 currently sets out various sustainable design features and technologies under resource topics – water, wastewater and energy. The new part 14 the submission is seeking would be similar to appendix 11 in that it currently provides information on tools and systems under resource areas that result in sustainable development.

Every objective, policy and rule in the Plan is broadly aimed at achieving sustainable management. For this reason, it is considered that there is no merit in creating an additional part of the Plan containing 'sustainable management systems and methods'. The provisions in the Plan that relate to sustainable management are situated in the parts of the Plan that they relate to specifically. It is not necessary to place these provisions into a separate part of the Plan.

For example in Part 2 – Resource management overview there is a section on sustainable management. This is the appropriate place for this section as it gives the user an understanding of sustainability and how it has been integrated into the Plan. Having this information as a new Part 14 would mean that the user would not obtain an understanding of sustainability until the end of the Plan, and thus the Plan would be read in a different context to which is intended.

It is recommended that this submission be rejected.

It is noted that a similar new part 15 called 'Sustainable management operational methodologies' was sought by other submitters and this was addressed in the Text – general hearing report.

4.11.2.2 Publishing as separate document

There are merits in publishing appendix 11 as a separate document outside of the Plan, as it can then be updated without going through a formal plan change. It is acknowledged that sustainability is a changing field and that information may need to be updated; however the information present within the appendix is not specific to certain technologies on the market such as the ECO Plus® Water Recycling System.

The information is broad, based on the technologies and the concepts behind them. For example, greywater recycling is encouraged in appendix 11, however the appendix does not identify systems such as those of ECO Plus® that would achieve this recycling process. Therefore the need to update information is reduced as it is not expected that the main concepts behind these technologies will greatly change.

Appendix 11 is used by planners and applicants, in terms of sustainable building design, when assessing a discretionary activity. Due to its inclusion in assessment matters it is essential that the guidelines are within the Plan so easy reference can be made.

Therefore it is inappropriate to separate appendix 11 from the Plan and it is recommended that these submissions be rejected.

Planner's recommendations about submissions seeking alternatives

That submissions 1495/3, 1464/3, 1451/3, 1425/3, 1392/3, 1385/3, 1377/3, 1373/3, 1343/3, 1315/3, 1455/3, 1501/3, 1560/3, 1574/3, 1917/3, 1943/3, 1949/3, 1959/2, 2178/3, 2224/3, 2244/3, 2269/3, 2307/3, 2331/3, 2414/3, 2442/3, 2455/3, 2469/3, 2743/3, 2853/3, 3061/18, 3633/3, 3674/3, 3752/3 and 3779/3 be rejected.

4.12 Submissions about external references

Submissions dealt with in this section: 1315/2, 1343/2, 1373/2, 1377/2, 1385/2, 1392/2, 1425/2, 1451/2, 1455/2, 1464/2, 1495/2, 1501/2, 1560/2, 1574/2, 1917/2, 1943/2, 1949/2, 2178/2, 2224/2, 2244/2, 2269/2, 2307/2, 2331/2, 2414/2, 2442/2, 2455/2, 2469/2, 2743/2, 2853/2, 3633/2, 3674/2, 3752/2, 3779/2

4.12.1 Decisions requested

These submissions seek for appendix 11 to provide references to external guidelines and sources for environmentally sensitive building design and practice.

4.12.2 Planner's analysis and recommendations

Appendix 11 already provides references to external guidelines and sources of environmentally sensitive building design and practice. Each section within the appendix has a clause containing further information sources such as the Auckland Regional Council's Technical Publication 58.

It is recommended that these submissions be accepted as the Plan already refers to external information sources, and therefore no amendments are required.

Planner's recommendations about submissions seeking external references

That submissions 1501/2, 1560/2, 1574/2, 1917/2, 1943/2, 1949/2, 2743/2, 2853/2, 2178/2, 2224/2, 2244/2, 2269/2, 2307/2, 2331/2, 2414/2, 2442/2, 2455/2, 2469/2, 1495/2, 1451/2, 1425/2, 1392/2, 1385/2, 1377/2, 1373/2, 1343/2, 1455/2, 1464/2, 1315/2, 3633/2, 3674/2, 3752/2 and 3779/2 be accepted with no amendments to the Plan.

4.13 Submissions about wood-burning stoves

Submissions dealt with in this section: 3130/1, 3135/1

4.13.1 Decisions requested

These submissions seek that the first bullet point of clause 5.4 under the heading of modern wood-burning stoves be amended to state 'is the best option'.

4.13.2 Planner's analysis and recommendations

These submissions further state that electricity generation in the Auckland area is in part fossil fuel powered. They believe that stating electricity as a better environmentally friendly energy source is promoting the formation of greenhouse gases. Fossil fuel to generate electricity is the worst at creating greenhouse gases of any commercially produced energy.

The first bullet point under Modern wood-burning stoves in clause 5.4 states:

"Modern wood-burning stoves:

are the best option where electricity is not available".

The statement that "modern wood-burning stoves are the best option where electricity is not available" does not imply that electricity heating options are better. It is merely stating that when electricity is not available to a building, then the best option of heating is the modern wood-burning stove, as compared to open fireplaces and gas and oil fired heaters.

A modern wood-burning stove is not necessarily the best option in cases when the electricity source is renewable such as hydro, geothermal and wind generation. Therefore it is not appropriate to state that modern wood-burning stoves are the best option.

The best heating option for a building is determined on factors such as the expected use of the heating system, the availability of electricity and the type of electricity generation.

The appendix does not provide a recommendation on the overall best option for heating; it just informs the user on the different systems available and their effectiveness.

It is recommended that these submissions be rejected.

Planner's recommendations about submissions seeking amendments to clause 5.4

That submissions 3130/1 and 3135/1 be rejected.

4.14 Submissions about amendments to appendix 11

Submissions dealt with in this section: 1181/1, 1182/1

4.14.1 Decisions requested

Submission 1181/1 seeks for the content of appendix 11, section 1 to be amended to include:

(1) A clear and direct recognition by council of the fact of peak oil and climate change as the central and urgent core of sustainability in our lifetimes and beyond.

(2) A mandate of leadership from council to approach each and every objective addressed by the Plan through the primary question of 'what actions on our parts now will reduce a city's burning fossil fuels, prepare us to face the challenges of a fossil fuel free economy and future, and prepare us for the coming natural hazards inherent in climate change.

Submission 1182/1 seeks for the council to amend appendix 11 to include a clear and cautionary acknowledgement of peak oil as the probable major challenge in our lifetime and a challenge without precedent in human history.

4.14.2 Planner's analysis and recommendations

4.14.2.1 Approach to objectives in the Plan

The Plan was written in the context of sustainable management, as the purpose of the Plan is to assist the council to carry out its functions in order to achieve the purpose of the RMA. The purpose of the RMA is to promote the sustainable management of natural and physical resources.

Consequently, when addressing the objectives in the Plan the council gave effect to the RMA and thereby considered sustainable management when forming these objectives.

The objectives of the Plan have been written and for a different approach to be taken the objectives would have to be rewritten. By giving effect to the RMA the objectives were written in a broader sustainability context rather than the specific fossil fuel and climate change context sought by the submitter. It is not necessary for the objectives to be rewritten with the approach sought by the submission.

4.14.2.2 Recognition of peak oil and climate change

It is supported that the council should recognise climate change in section 1. As discussed in clause 4.9.2.2 above, climate change is a significant national issue that has great implications for the islands. Therefore clear recognition of climate change is appropriate.

Peak oil, the date when the world's conventional petroleum production rate reaches its peak, is a national issue. As most oil in New Zealand is consumed in transportation, the effects of peak oil are going to be largely experienced in this sector. However there will be effects on the energy sector, and this is where the sustainable design guidelines are able to address peak oil.

The sustainable design guidelines relate to the design of buildings and their surrounds to create sustainable outcomes. As oil is used for electricity generation we can address peak oil in the guidelines by reducing our energy use and by using renewable energy generation technologies such as solar panels. The appendix currently accomplishes this, for example, by encouraging insulation and energy efficient appliances to reduce the quantity of energy used.

The Powering Our Future: Towards a Sustainable Low Emissions Energy System – Draft New Zealand Energy Strategy to 2050, published in December 2006, produced figures for New Zealand's electricity supply generation for an average year, which are shown below.

Type of electricity generation	Typical % of total generation for an average year
Hydro	60
Thermal	30
Geothermal	6
Other	4

Percentages determined from Figure 3.1 in Powering Our Future: Towards a Sustainable Low Emissions Energy System – Draft New Zealand Energy Strategy to 2050.

These figures show that that thermal electricity generation forms just under one third of the total generation. Thermal generation stations use fossil fuels such as gas, coal and oil.

As oil does not contribute to a significant portion of the total electricity generation the effects of peak oil that could be addressed in sustainable building design guidelines are minimal.

Overall it is considered that appendix 11 and the Plan as a whole has sustainable management as its goal and although specific mention could be made to peak oil, it is not considered necessary. It is therefore recommended that submission 1182/1 be rejected.

Planner's recommendations about submissions seeking amendments

That submission 1181/1 be accepted in part and the Plan be amended accordingly to provide a succinct explanation of climate change, and its association with sustainable design guidelines.

That submission 1182/1 be rejected.

4.15 Submissions about a new appendix

Submissions dealt with in this section: 551/1

4.15.1 Decisions requested

Submission 551/1 requests that a new appendix be written to replace the current one. The new appendix should be of practical use in achieving sustainable outcomes in, but not limited to, the following areas:

Climate change, incorporating embodied energy in building materials and energy use over the lifetime of the building as well as the overall use of the land
Water collection, storage, use, re-use/recycling and disposal.

4.15.2 Planner's analysis and recommendations

The submission further states that the new appendix should incorporate the recommendations of the sustainability focus group insofar, and that all provisions should be addressed as part of an Assessment of Environmental Effects by all applicants seeking to undertake major building work.

It also states that there should be incentives for more sustainable applications and disincentives for less sustainable ones.

It is agreed that a new appendix should be written to replace the current one. This new appendix should be of practical use in achieving sustainable design outcomes and thereby remove the irrelevant material present within the appendix.

Appendix 11 has three primary objectives:

to encourage the community to use sustainable building and surrounds design
to guide planners to assess the extent to which an applicant has investigated alternatives in terms of sustainable building design
to assist the applicant of a discretionary activity to comply with this assessment criteria.

The information presented within this appendix needs to be readable, understandable and measurable for planners to assess discretionary activities.

In the current appendix, there is a mixture of measurable design technologies, best practice information and general information. For a planner or user of the Plan to assess or comply with sustainable building design they currently have to select out the relevant design technologies present within all of the other sustainability information.

The current format does not effectively achieve the objectives of the appendix. It is not easy to obtain or use the information required by planners and applicants.

Therefore it is necessary to rewrite the appendix in a format that sets out the sustainable design features and technologies that the planners and applicants are expected to assess and consider in a more useable format.

It is recommended that the new format consists of three main resources – water, wastewater and energy and that sustainable design features and technologies are listed under the relevant resource with a brief explanation. This will clearly set out the sustainable design aspects that the council expects planners to assess and applicants to consider.

It is recommended that the new format remove the best practice and general information such as "Natural forests are beautiful". Information such as this is not related to design and is consequently ineffective in achieving the objectives of the appendix, and therefore it is not appropriate for it to be situated within the Plan. The Plan should refer the user to external sources for such information.

As well as being irrelevant to design, much of the best practice and general information is also not measurable to the users, for example, "simple healthy solutions like putting on a warm jumper when feeling cold". The intention of the appendix is to assist the user in assessing whether a development has considered sustainable building design.

It is recommended that an introduction be formed which defines sustainable design and explains its importance to the islands. The current appendix moves into how to use these guidelines and does not provide any reasoning as to why the community should adopt sustainable design.

In summary, there are four core reasons why a new appendix should replace the current one:

1) The current appendix does not effectively achieve the objectives.

2) The current appendix contains information that is irrelevant to design, which is consequently of little use to people in assessing and complying with sustainable building design.

3) The current appendix is in a complicated format that is hard to use.

4) Some of the information within the appendix is not measurable, thus it does not contribute to an assessment of a discretionary activity.

The submission seeks for the new appendix to achieve sustainable outcomes in climate change and water collection, storage, use, recycling and disposal. The appendix as it stands, achieves sustainable outcomes in these areas. The underlying influence to forming these guidelines was the need to become more sustainable due to climate change, thus all of the design aspects within the appendix are aiming to achieve sustainable outcomes that address climate change.

There is a section on water encouraging a reduction in water use and wastage and a section on wastewater that encourages the recycling of water and low impact design which deals with the disposal of water. The relevant parts of these sections should remain when the appendix is being rewritten. This relief is supported as the appendix currently achieves these outcomes and it is recommended that they remain when rewriting the appendix.

The submission also seeks for the new appendix to incorporate the recommendations of the sustainability focus group. The council has taken into consideration the recommendations of the focus group and has incorporated the recommendations. For example this recommendation has been incorporated into the current appendix:

"Approach wastewater, stormwater and domestic waste as a resource that can be utilised for re-use."

It is also noted that members of the community were involved in the writing of the Plan.

There is a section on wastewater that addresses the recycling of wastewater and low impact design to manage stormwater. It is recommended that this section remain in the new appendix. This relief is supported in part as not all of the recommendations are relevant to the appendix.

The submission seeks for the new appendix to be addressed as part of an assessment of environmental effects for major building work. An applicant of a discretionary activity must consider appendix 11 as part of their assessment of environmental effects. Buildings are a restricted discretionary activity and therefore they do not have to address sustainable building design.

The council has included the appendix as guidelines to introduce the sustainability concept to the Plan, it was considered appropriate to apply the guidelines to parts of the Plan, rather than the whole to give the community time to accept the changes that are occurring in regards to sustainability and the Plan. This relief is partly supported as the Plan currently requires applicants of discretionary activities to address sustainable building design, however it is inappropriate, at this point, to apply sustainable building design guidelines to all building works.

Lastly, the submission seeks for incentives to be offered for more sustainable applications and disincentives for less sustainable ones. It is difficult to create an incentives policy at this point as the guidelines have a non-statutory status in the Plan partly due to there being no rating assessment tools available as discussed in section 4.10.2 of this report. Therefore this relief is not supported.

It is recommended that this submission be accepted in part, and the appendix be rewritten to be more succinct and relevant to design. It was intended for the appendix to be sustainable design guidelines for the islands, not sustainable guidelines in general. Rewriting will involve removing the information that is irrelevant to design and providing an introduction to sustainable design which explains what it is and its importance.

Planner's recommendations about submissions seeking a new appendix

That submission 551/1 be accepted in part and the Plan be amended to provide a new appendix to replace the current one. Appendix 3 of this report presents the amended format of Appendix 11.

4.16 Submissions about the wastewater section

Submissions dealt with in this section: 3521/155

4.16.1 Decisions requested

Submission 3521/155 seeks for clause 11.7 – Wastewater to be amended to ensure that the material is relevant to the wastewater issues of the Hauraki Gulf islands and consistent with the Proposed Auckland Regional Plan: Air, Land and Water and with current design recommendations in ARC Technical Publication TP58 (2004).

4.16.2 Planner's analysis and recommendations

Hauraki Gulf islands' issues

Wastewater is predominantly treated and disposed of via on site systems. Wastewater is not reticulated on the islands except for the commercial area of Oneroa which is serviced by the Owhanake wastewater treatment plant.

The wastewater issues of the Hauraki Gulf islands are around the effective disposal of wastewater to land. It is important to ensure that all existing and future development is capable of satisfactorily treating and disposing of wastewater onsite. Failure to effectively treat and dispose of wastewater can result in negative effects to human health and the environment.

Appendix 11 discusses waste disposal on the islands and is relevant to the wastewater issues of the islands. The appendix includes sections on:

Keeping pollutants out of natural systems
Looking after an existing septic tank
Installing a new on-site system.

The appendix is intended to be guidelines on wastewater disposal in the islands. The appendix conveys the issues that may arise should an onsite wastewater system not be effective. The Auckland Regional Council Technical Publication No. 58 (TP58) addresses the management of on-site treatment and land disposal of wastewater from domestic sources. This technical publication goes into further detail than appendix 11. It is not necessary to repeat all of the information in appendix 11.

It is considered that appendix 11 contains material that is relevant to the wastewater issues on the islands.

Proposed Auckland Regional Plan: Air, Land and Water and Auckland Regional Council Technical Publication No. 58 (TP58)

The proposed regional plan prescribes the activity status of sewage treatment and disposal systems and all domestic wastewater systems must be in accordance with ARC Technical Publication No. 58.

Appendix 11 is consistent with the proposed regional plan, however it is not consistent with TP58.

In TP58 it states that the Ministry of Health opposes domestic reuse of treated effluent from onsite systems (individual households) and that it should only be considered where water supply is restricted and other water demand reducing methods are insufficient. Domestic reuse is limited to toilet flushing and some types of land irrigation (subsurface irrigation of gardens not root crops) and is a discretionary activity. All reuse systems require approval from Auckland Regional Public Health Services and require a discharge consent from the Auckland Regional Council. All reuse systems also need to be covered by the Building consent and therefore need to meet relevant building standards.

It would be considered that the water supply is restricted on the islands as it is not reticulated and is reliant on rainfall, and therefore it is appropriate to encourage the consideration of grey water recycling. However, as there is the risk to human health when recycling grey water onto the garden it is appropriate to give more emphasis to this risk. Also, there is a requirement for all reused grey water to go through an advanced secondary level of treatment followed by chlorine disinfection. Therefore it is not appropriate for the Plan to say "... but other water may need further treatment.", as this statement is not true. It is considered appropriate to add a sentence to convey to the reader that a reuse system involves secondary treatment and disinfection, as these treatments may add to the capital costs.

Clause 7.5 should be amended accordingly to state (underline is additions and strikethrough is removal):

Consider re-using water from the washing machine, bath and shower to flush the toilet. The water must be stored in a tank and treated to stop bacteria breeding and avoid odours developing.

Grey water can also be used on the garden, but it needs to be free of contamination. The rinse water from washing machines is generally safe for non-food plants. ~~but other water may need further treatment.~~

The minimum treatment requirements include a secondary treatment system and a chlorine disinfection system in accordance with the Auckland Regional Council's Technical Publication No. 58 - On-site wastewater systems: design and management manual (3^rdedition 2004).

Due to the risk to human health and the environment approval must be gained from the Auckland Regional Public Health Services and the Auckland Regional Council.

The above amendments are recommended to provide further warning to the community about the risk to human health and the environment when recycling grey water.

It is therefore recommended that this submission be accepted in part in so far as it supports the above recommendation.

Planner's recommendations about submissions seeking a new appendix

That submission 3521/155 be accepted in part and clause 7.5 be amended accordingly to state:

Consider re-using water from the washing machine, bath and shower to flush the toilet. The water must be stored in a tank and treated to stop bacteria breeding and avoid odours developing.

Due to the risk to human health and the environment approval must be gained from the Auckland Regional Public Health Services and the Auckland Regional Council.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding Appendix 11 of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and how associated further submissions should be dealt with, and how the Plan should be modified as a result. 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, with amendments (as outlined in appendix 3), for the reasons outlined in this report.

	Name and title of signatories	Signature
Author	Sarah Smith, assistant planner
Reviewer	Megan Tyler, Manager: Islands
Approver	Penny Pirrit, Manager: City Planning

Appendix 1

List of submissions and further submissions

Appendix 2

Summary of decisions requested

Appendix 3

Draft revision of appendix 11

It is noted that the following draft revision of Appendix 11 – Sustainable design guidelines for the islands is to provide an indication of what the new guidelines may look like.

Home |
Terms of use