District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Hearing reports index
Commercial 1 (Oneroa village) land unit and Appendix 12 (Oneroa village
design guidelines)
| Report to: |
The Hearing Panel |
| Author: |
Deborah Kissick |
| Date: |
23 July 2008 |
| Group file: |
314/274016-001
|
1.0 Introduction
This report considers submissions and further submissions ('submissions')
that were received by the council in relation to the commercial 1 (Oneroa
village) land unit and appendix 12 (Oneroa village design guidelines) 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 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.
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 the commercial 1 (Oneroa village) land unit and appendix 12 (Oneroa village
design guidelines). 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 not specifically addressed but 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 W
047/05 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:
- Are the most appropriate way to achieve the purpose of the RMA (s32 (3)
(a)); and
- Assist the council to carry out its functions in order to achieve the
purpose of the RMA (s72); and
- 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:
- Are the most appropriate way to achieve the objectives of the Plan (s32
(3) (b)); and
- Assist the council to carry out its functions in order to achieve the
purpose of the RMA (s72); and
- Are in accordance with the provisions of part 2 of the RMA (s74 (1));
and
- (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
(c) Avoiding, remedying, or mitigating any adverse effects of activities on
the environment."
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:
(c) ...
(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 the commercial 1
(Oneroa village) land unit and appendix 12 (Oneroa village design guidelines).
3.1 Commercial 1 (Oneroa village) land unit
This land unit applies to the retail and commercial area of Oneroa village on
Waiheke.
"The characteristics of the land unit are:
- · generally small scale retail and other commercial activities (shops,
cafιs, restaurants, community facilities and offices) located in one to two
storey buildings on small sites.
- · a variety of small to medium scale tenancies.
- · most buildings are located on or close to Ocean View Road (and often
include verandahs and landscaping).
- · relatively high volumes of traffic.
- · most of the activities within the land unit are connected to, or able to
be connected to, the Owhanake wastewater treatment plant.
Oneroa village is a busy shopping centre, which is a focal point for local
residents, shopping, recreation and socialising. Its location within walking
distance of Matiatia and on a major transport route to the eastern parts of the
island means that it has a major role in servicing the needs of residents,
commuters and visitors.
Oneroa is situated in a dominant location on a ridge overlooking, and with
pedestrian and vehicle connections to, Oneroa beach.
The above characteristics contribute to the high amenity value of the
village."
"The resource management strategy for the land unit is to allow a diverse
range of retailing and commercial activities while controlling the design, scale
and form of buildings to ensure that they are of a high amenity value and do not
adversely affect adjoining island residential land units."
The land unit includes several sites which were classified as residential in
the Operative Plan, these include 102-108 and 131-137 Ocean View Road.
3.2 Appendix 12 (Oneroa village design guidelines)
"These guidelines have been prepared to define the physical attributes that
form Oneroa, and suggest ways to maintain and enhance its character.
They also play a role in providing guidance about the acceptable type of
development within Oneroa village. In this regard, these guidelines will support
the Plan assessment criteria in describing the type of development envisaged
within the commercial 1 (Oneroa village) land unit. New building development in
Oneroa requires resource consent as a restricted discretionary activity. In
assessing such applications, the Council will expect adherence to the principles
of the design guidelines.
These guidelines identify the following elements as essential to Oneroa in
the future:
- · unique beach/village atmosphere
- · closely connected to the sea
- · trees and vegetation in and around the town centre
- · convenient access and parking
- · managed traffic
- · clean healthy environment
- · strong sense of community"
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in submissions
about the commercial 1 (Oneroa village) land unit and appendix 12 (Oneroa
village design guidelines) 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 the commercial 1 (Oneroa
village) land unit and appendix 12 (Oneroa village design guidelines) together
with the related further submissions is contained in appendix 1.
Appendix 2 contains the summary of the decisions requested by the
submissions considered in this report. 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', i.e. 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 General submissions about the commercial 1 (Oneroa village) land unit
Submissions dealt with in this section:
593/6,
600/3,
601/3,
603/4,
1552/11,
2291/1,
2291/3,
3061/81,
3061/85,
3574/16 &
3709/1
4.2.1 Decisions requested
Submissions
593/6 and
603/4 seek the rewrite of the commercial 1 (Oneroa village) land unit or
appendix 12 (Oneroa design guidelines) to ensure that they do not conflict and
there is certainty for landowners.
Submissions
600/3 and
601/3 states that retail activity is only part of the essence of Oneroa.
Submission
1552/11 relief seeks to introduce an intensity control (of 1 person per 185m
2 area of site) for accommodation for retired, elderly and disabled
people to allow for non-notified restricted discretionary and discretionary
activities.
Submission
2291/1 seeks further rules and assessment criteria to remove through traffic
from Oneroa and enhance public space.
Submission
2291/3 seeks that all service activities including through traffic, banks,
video parlours, land agents, dry cleaners, doctor's surgeries and professional
offices be prevented from locating on the main street of Oneroa and require
these to locate as in the present Operative Plan.
Submission
3061/81 states that:
"The commercial 1 (Oneroa village) land unit appears draconian and
excessive."
Submission
3061/85 states that the overriding consideration is that the land unit does
not contain provisions which permit development / subdivision that is contrary
to maintaining the essential character and heritage of the island and the type,
style and scale of buildings recognised within that character and island scale
in particular.
Submission
3574/16 states that retail and residential expansion at Oneroa should indeed
be restricted to small-scale development only.
Submission
3709/1 seeks:
The Plan is focused about the motor car, and in these village shopping
centres (i.e. Oneroa village) or places does not seek to enhance visitor
activity. Provide for viable businesses in these areas by making those places,
places of great enjoyment quality public spaces. Encourage retail shopping in
the various villages. This will involve negative incentives to the use of the
motor car, and provide positive incentives to provide for quality public space.
Including, traffic separation, mixed use development, design and appearance of
streetscape and matters that enhance retail ambience and profitability,
including achieving a separation of retail activities from other activities such
as land agents, in the operative Plan for Oneroa.
4.2.2 Planner's analysis and recommendations
4.2.2.1 Submissions
593/6 and
603/4 conflict between appendix 12 and the commercial 1 (Oneroa Village)
land unit
The commercial 1 (Oneroa village) land unit and Appendix 12 (Oneroa village
design guidelines) are intended to be read together. The commercial 1 land unit
provisions contain issues, objectives, policies and resource management
strategies, which are set to enhance the social and economic wellbeing of the
community while ensuring that commercial activities within the land unit do not
adversely affect the amenity of other activities within the land unit or any
adjoining land units. The Oneroa village design guidelines (Appendix 12) provide
guidance about the type of development acceptable within Oneroa. These
guidelines also support the Plan assessment matters, in particular, clause
11.5.3.4(7) to describe the type of future development envisaged within Oneroa.
The Plan and the design guidelines seek to enhance the amenity and character
of the 'village' by ensuring that linkages with the surroundings are encouraged
through public open spaces, indented setbacks, courtyards and landscaping while
the views to the coast are maximised with walkways between building and public
terraces. These matters can be taken into account by the Council when assessing
resource consent applications for the construction of buildings in commercial 1,
and exterior alterations and additions.
It is acknowledged however, that there are some conflicts between the
principles set out in the design guidelines and some of the development controls
applying in commercial 1.
It is also acknowledged that the northern and southern sides of Ocean View
Road have different features and characteristics through their topography and
orientation to the coast and therefore it is recognised that these areas need to
be addressed and provided for separately within the Plan.
It is considered that the northern side of Ocean View Road, the areas marked
North on the Plan provided in Appendix 4, need to be designed and built in order
to protect and enhance the coastal aspect of the village. Buildings on the
northern side need to be low rise and those with beach facing facades need to
apply sensitive treatment to these due to their critical location when viewed
from the foreshore. It is also noted that each building must make a conscious
effort to provide a visual connection with the coast from the site, whether this
be, for example, through the site via windows, or through an area of open space
created by a balcony on the coastal side of the building. This will ensure that
the unique and important connection with the coast is maintained.
The buildings on the southern side of Ocean View Road can be generally larger
in scale, particularly in height to make the most of the view out across the
water. It is also considered that the southern side of the road has the
opportunity to provide 'public spaces' within the sites in order to enhance and
maintain the public use and village character of the area.
In order to formally recognise the difference in the two areas, it is
considered appropriate to make the following amendments:
1. To amend clause 10a.11.3.2 Objective to include the following wording:
"3. By recognising the differences in the northern and southern sides of
Ocean View Road and providing each side with individual development controls."
2. To amend clause 10a.11.7 to include the following wording:
"For the purposes of applying some development controls, the land unit has
been divided into the northern and southern sides of Ocean View Road. The
location of these two areas is identified on figure 10a.1(a)."
Building location
Clause 10a.1.7.1 Building location within the Plan, requires that new
buildings are built up to the road frontage for the length of the site and that
a verandah is provided for the length of the frontage. The design guidelines
however, refer in 7.0 Building detail, to the need for the "future street form
to be discontinuous" and walkways and views visible between buildings and
"indented set-backs and courtyards".
It is clear that there is inconsistency in the advice relating to the desired
location of buildings within the village. As discussed above, it is considered
important that both the northern and southern sides of the main road are
addressed for their individual characteristics.
It is therefore recommended that the approach from the Plan be implemented
for the northern side of the road, which requires a more uniform approach in
order to ensure that the low rise and relatively small scale nature of
development is continued to maintain and enhance the existing linkages with the
coastal environment.
It is therefore considered that the Plan should be altered for the northern
side to read the following:
"10a.11.7.1 Building location Northern Side
Buildings on the northern side of Ocean View Road must: sites with
frontage to Ocean View Road must:
- Be built up to the Ocean View Road boundary for the entire length of the
road frontage of the site.
- Provide a verandah along the full extent of the site frontage. The
verandah must:
- Be so related to its neighbours as to provide continuous pedestrian
cover.
- Have a minimum height of 3m and a maximum height of 4m above the
footpath immediately below.
- Be set no further back than 600mm in plan view from the kerbline.
This provision is supplementary to and not in substitution for any of the
council's bylaw requirements relating to verandahs.
- Contain display areas or windows on a minimum of 75 per cent of the site
frontage at road level.
- Provide a visual connection with the coast and foreshore by
incorporating either:
- A balcony or terrace which fronts the coast and foreshore and is
accessible from the footpath OR
- A view shaft through the building, from the road frontage to the
coast and foreshore OR
- Any other building feature that preserves and enhances the connection
with the coast for the public.
Explanation
The building location controls seek to ensure that buildings on the
northern side of Ocean View Road maintain and enhance the connection with the
coast. It is intended that a continuous frontage be achieved with verandahs
required as protection for pedestrians. The purpose of the visual connection
requirement is to maintain a public link with the coast and to ensure that
buildings are designed with attention to both the coastal aspect and the road
frontage.
In addition to the recommended wording above, it is also considered necessary
to ensure that particular attention is paid to the coastal frontage of the
properties on the northern side of Ocean View Road. It is considered that an
additional bullet point, added to clause 11.5.3.4(7), is appropriate to
emphasise to the importance of this coastal location and the following wording
is suggested:
"7. In relation to Oneroa village only:
- · Ensuring that public views from Ocean View Road to the beach are
maximised.
- · Adherence to the principles of the design guidelines for Oneroa village
(contained in appendix 12 Oneroa village design guidelines).
- · Ensuring that facades facing the beach are given sensitive treatment
for their critical location when viewed from the foreshore.
It is considered that the requirements for building location on the southern
side of the road should encourage variable building location with the inclusion
of open spaces.
"10a.11.7.1 Building location Southern Side
Buildings on the southern side of Ocean View Road must: sites with
frontage to Ocean View Road must:
1. Maintain a discontinuous and varied frontage. Be built up to the
Ocean View Road boundary for the entire length of the road frontage of the site.
2. Provide a verandah along the full extent of the site frontage. The
verandah must:
a. Be so related to its neighbours as to provide continuous pedestrian
cover.
b. Have a minimum height of 3m and a maximum height of 4m above the
footpath immediately below.
c. Be set no further back than 600mm in plan view from the kerbline.
This provision is supplementary to and not in substitution for any of the
council's bylaw requirements relating to verandahs.
3. Contain display areas or windows on a minimum of 75 per cent of the site
frontage at road level.
4. Provide a minimum of 5% of the site area for public use as open space
in the form of courtyards, landscaped plaza(s) or arcades to maximise the
connection with the coast and useable space.
Retail frontage control
Clause 10a.11.7.2 of the Plan outlines requirements of buildings with a
frontage to Ocean View Road to ensure that non-retail activities are not located
at street level. This matter is not particularly discussed in the design
guidelines, however it is considered that for the northern side of Ocean View
Road, vital requirements relating to buildings with a frontage to the coast have
been omitted. It is therefore recommended that the following changes be made to
the retail frontage control clause:
"10a.11.7.2 Retail Frontage control - Northern Side
Within buildings on the northern side of Ocean View Road, non-retail
residential activities must not be located at street level (except for
entrances or access to such activities) . unless retail fronts the
street and the non-retail activity is located behind it.
Restaurants, cafes and other eating places will be considered as retail for
the purpose of this rule.
Explanation
The retail frontage control seeks to ensure that non-retail
residential activities are located appropriately to maintain an active
retail ground floor and to ensure the retail character of Oneroa village is
maintained.
This rule will retain the vitality, connectiveness and interaction of Oneroa
village while allowing non-retail activity in appropriate locations."
It is considered that clause 10a.11.7.2 again addresses the necessary
frontage controls for the southern side of Ocean View Road and however it is
suggested that the wording be amended to restrict only residential activities
from being at street level. Therefore, the following wording is recommended for
the southern side:
"10a.11.7.2 Retail Frontage control Southern side
Within buildings on sites with frontage to Ocean View Road, non-retail
residential activities must not be located at street level (except for
entrances or access to such activities) . unless retail fronts the
street and the non-retail activity is located behind it.
Restaurants, cafes and other eating places will be considered as retail for
the purpose of this rule.
Explanation
The retail frontage control seeks to ensure that non-retail
residential activities are located appropriately to maintain an active
retail ground floor and to ensure the retail character of Oneroa village is
maintained.
This rule will retain the vitality, connectiveness and interaction of Oneroa
village while allowing non-retail activity in appropriate locations."
Height
It is considered necessary, when considering heights that are suitable within
Oneroa Village, to again, separately address the northern and southern sides of
Ocean View Road.
The topography of the village plays an important role in the character of the
village. The northern side of the road is lower in topography than the southern
and the land slopes downward towards the coast, away from the road.
It is considered that in order to ensure that the views to the coast are
maximised, buildings on the northern side of the road are kept to a low level to
allow views to be accessed over the buildings from the southern side of the
road.
The southern side of the road also slopes away from the road although there
is a general rise in topography towards the western end of the village. This
provides the southern side of the road with the opportunity to use the raised
topography to access view of the coast.
It is therefore considered that the height controls for the northern side of
the road should remain relatively the same as currently worded in the Plan:
10a.11.7.5 Height - Northern Side
1. Buildings on the northern side of Ocean View Road:
a. Must not exceed a maximum height of 6.5m, where the building adjoins the
Ocean View Road frontage.
b. This may be increased to a maximum height of 9m where the ground level is
greater than 3m below that at the boundary with Ocean View Road.
c. In all instances, a single storey frontage at street level must be
maintained
2. All other buildings must not exceed a maximum height of 8m.
Explanation
As the topography drops away to the northeast there is potential for greater
building heights, which will not affect views of Oneroa Beach and Oneroa Bay.
The purpose of this rule is to encourage terraced buildings which follow the
topography of the site."
For the southern side of the road it is considered that the height allowance
of 8m maximum should be maintained:
"10a.11.7.5 Height - Southern Side
1. Buildings on the northern southern side of Ocean View Road
must not exceed a maximum height of 8m.
a. Must not exceed a maximum height of 6.5m, where the building adjoins
the Ocean View Road frontage.
b. This may be increased to a maximum height of 9m where the ground level
is greater than 3m below that at the boundary with Ocean View Road.
2. All other buildings must not exceed a maximum height of 8m.
Explanation
As the topography drops away to the northeast there is potential for greater
building heights, which will not affect views of Oneroa Beach and Oneroa Bay.
The purpose of this rule is to encourage terraced buildings which follow the
topography of the site."
Access and Screening
It is considered that the requirements for access and screening are
appropriate for inclusion within the Plan for both the northern and southern
sides of Ocean View Road.
It is considered that the provision of access to the service lanes, which are
located on both the northern and southern sides of the road, is important to
promote the use of the service lanes. This will reduce the vehicle traffic
within the village and encourage parking to rear of the buildings, enhancing the
village amenity.
Screening requirements are important to ensure that any adverse effects from
storage, refuse, service and parking areas are mitigated. It is considered that
this rule should be retained in the Plan in order to ensure that these
mitigation measures are achieved.
It is therefore recommended submissions
593/6 and
603/4 are accepted in part because although it is not considered that a
total rewrite of either the commercial 1 land unit or the Oneroa village design
guidelines is necessary, it is recognised that there are several areas in both
the Plan and the design guidelines which require amendment to ensure the
outcomes can be achieved.
4.2.2.2 Submissions
600/3 and
601/3 retail activity in Oneroa
It is agreed that retail activity is only part of the essence of Oneroa. The
activity table for the land unit provides for a large number of activities,
including retail. For example, art galleries and museums, care centres,
community facilities, dwellings, educational facilities, heathcare services,
offices, restaurants, cafιs and other eating places, retail premises and taverns
are provided for within the commercial 1 land unit as permitted activities.
Other activities are also provided for as discretionary activities.
It is therefore considered that the Plan and in particular, the commercial 1
land unit does reflect that the character of Oneroa comprises retail and other
commercial activities. It is therefore recommended that the submissions be
accepted in part with no changes to the Plan required.
4.2.2.3 Submission
1552/11 intensity control
Submission
1552/12 seeks to add an intensity control to distinguish between
developments of different sizes to allow for less intense developments to be
considered as restricted discretionary activities (and non-notified), while
still using the discretionary assessment.
The rationale for imposing an intensity control of 1 person per 185m 2
was related to the minimum site area of the land unit and the maximum number of
persons found in a household unit.
To illustrate this further within the commercial 1 land unit the minimum site
area is 1500m 2. The term 'household unit' is defined in part 14 as:
"Household unit means a separate housekeeping unit consisting of any
one of the following:
- One person; and up to five other people unassociated with the household.
- Two or more people related by blood, marriage (whether legal or defacto),
civil union, adoption or legal guardianship; and up to five other people
unassociated with the household.
- A group of not more than eight people unrelated by blood, marriage whether
legal or defacto, civil union, adoption or legal guardianship.
It includes any of the normal domestic household activities, which may occur
on the site."
Using part 3 of this definition the submission has calculated the appropriate
intensity level (person per area of site) as being 1500 χ 8 = 187.50m 2.
It is assumed that the intensity level has been rounded down to an intensity
level of 185m 2 per person.
Applying an intensity control as a method of managing the effects of
accommodation for retired, elderly and disabled people is not supported for the
following reasons:
- · The submission has does not identify how an intensity rule would be used
to distinguish between developments of different sizes. It is assumed that the
submission seeks that developments, which complied with the intensity control
of 1 person per 185m 2 of site area, be considered as restricted
discretionary activities and those that infringed this rule as discretionary.
However, it is not clear how this relates to the request in
1552/6 for permitted activity status.
- · Clause 1.6.2.3 of the Plan explains how restricted discretionary
activities are dealt with in the Plan. This clause states:
"A resource consent is required for a restricted discretionary activity. The
Plan must specify the matters over which the council has restricted its
discretion. The council's ability to refuse the application and impose
conditions is restricted to these matters.
A restricted discretionary activity is a more limited type of discretionary
activity. The Plan uses this approach in circumstances where it is possible to
identify a limited range of effects, which need to be assessed.
In some circumstances, the Plan specifically provides that restricted
discretionary activities do not require public notification or service of
notice. "
It is very difficult to identify a limited range of effects associated with
the accommodation for retired, elderly and disabled people. This is recognised
in clause 11.3 general assessment criteria for discretionary activities where 17
matters are required to be considered for these activities. Therefore, it is
inappropriate to apply a restricted discretionary status to this activity.
- · Within the Plan there is potential for restricted discretionary
activities to be notified, the exceptions are when it is explicitly stated as
being a non-notified activity. It is considered that there will be times when
it is appropriate to notify this activity even when it complies with the
intensity levels sought by the submitter.
- · A discretionary activity is not considered too restrictive due to the
fact that a development with lesser generated effects has the potential to be
processed by way of as non-notified activity through a section 94 of the RMA
assessment. Those developments, which don't meet these tests, will be required
to be notified. Utilising this statutory process to determine which
applications should be notified is considered appropriate.
Due to the recommendation in further in the report (section 4.6.2.6) for
accommodation for care and accommodation for elderly, retired or disabled people
to be permitted activities within the commercial 1 land unit, the above
submission is not relevant and it is recommended that submission
1552/11 be rejected.
4.2.2.4 Submission
2291/1 removal of traffic and enhance public spaces
Remove through traffic from Oneroa village
As part of the consultation undertaken prior to the development of the Plan
some people raised the removal of through traffic from Oneroa and allowing for a
bypass around Oneroa. It was also discussed within the planning for the future
focus group. This was a minority viewpoint with most consultation feedback and
people within the focus group not supporting this.
Through traffic is an operational issue and is therefore better dealt with
outside of the Plan review. A full assessment of the effects of removing through
traffic from Oneroa, including potential economic effects, effect on the roading
network where the traffic would be relocated to and the necessity and cost of
such a measure would have to be considered.
Removal of through traffic from Oneroa would result in increased traffic on
surrounding roads, which border mainly residential land units. It is more
desirable that the main route for traffic be through Ocean View Road, with
parking and access to the village from rear service lanes in behind this main
road.
The submission has provided few supporting reasons justifying the removal of
through traffic from Oneroa village. In addition, traffic is able to bypass
Oneroa currently by travelling on Mako Street from Ocean View Road.
Enhance public open space in Oneroa village
The provisions of the commercial 1 land unit provide for the enhancement of
the streetscape of Oneroa by controlling the design, scale and form of buildings
to ensure that they are of a high amenity value.
The development controls within the land unit, for example the building
location, retail frontage and screening rules and in addition, the guidelines
within Appendix 12 Oneroa village design guidelines, provide further control
on buildings to ensure that they are of a high amenity value. There is no need
to alter the Plan to give effect to this submission.
Therefore, submission
2291/1 should be accepted with no changes to the Plan required to give
effect to this submission.
4.2.2.5 Submission
2291/3 service activities
Clause 7.5.3.3(I) of the Operative Plan contains the following assessment
criteria for controlled activities in policy area 5: "non-retail premises are
deemed to be a controlled activity unless they are listed as a discretionary
activity in the land unit rules."
The controlled activity status of these activities means that if an
application were received by council for service activities including banks,
video parlours, land agents, dry cleaners, doctor's surgeries and professional
offices to locate on a front site in Ocean View Road then it would have to be
granted by council. Although council could place conditions on the resource
consent those conditions cannot be so unreasonable as to frustrate the
application.
The retail frontage control within clause 10a.11.7.2 of the proposed Plan
provides a stronger response to this issue. This rule states:
"10a.11.7.2 Retail frontage control
Within buildings on sites with frontage to Ocean View Road, non-retail
activities must not be located at street level (except for entrances or access
to such activities) unless retail fronts the street and the non-retail activity
is located behind it.
Restaurants, cafes and other eating places will be considered as retail for
the purpose of this rule.
Explanation
The retail frontage control seeks to ensure that non-retail activities are
located appropriately to maintain an active retail ground floor and to ensure
the retail character of Oneroa village is maintained.
This rule will retain the vitality, connectiveness and interaction of Oneroa
village while allowing non-retail activity in appropriate locations."
This rule requires that any non-retail activity setup within a building
within the street level frontage of Ocean View Road would require a
discretionary activity resource consent. This consent, depending on its effects,
could proceed on a notified or non-notified basis and could be granted or
refused by council.
It is noted that clarification of this rule is addressed above in section
4.2.2.1.
It is therefore recommended that submission
2291/3 be rejected.
4.2.2.6 Submission
3061/81 land unit draconian and excessive
The provisions under clause 10a.11 land unit-commercial 1 identify the
characteristics of Oneroa as being a generally small scale mix of retail and
commercial development with high amenity value and a 'village' character. The
objectives and policies within this part seek to maintain the area as a focal
point for residents and visitors for shopping, recreation and socialising.
Key within the land unit are the objectives to maintain the high amenity
value of the village while enhancing social and economic development of the area
with appropriate retail and commercial activities. The objective and policies
outlined are essential in order to achieve an acceptable level of development
within the land unit, and ensure that further development does not adversely
affect surrounding land units.
The submission is not particularly clear and the submitter is encouraged to
attend the hearing to expand on this submission and to suggest alternatives to
the objectives and policies that would be considered more suitable to the land
unit but it is recommended that this submission be rejected.
4.2.2.7 Submission
3061/85 overriding consideration of the land unit
The provisions under clause 10a.11 identify the characteristics of Oneroa as
being a generally small-scale mix of retail and other commercial activities. The
objectives and policies within the land unit seek to maintain and enhance the
high amenity value of the village and to enable a vibrant, varied and safe
retail environment.
The key resource management strategies within the land unit are to enable
retail and employment opportunities within Oneroa and ensuring that the uses
contained within commercial 1 do not negatively influence adjoining island
residential land units.
It is clear from the land unit that the aim is to preserve and enhance the
character of the area and to prevent development/subdivision in the area that
would be contrary to the promotion of enhanced economic and social wellbeing for
the community. It is considered that the level and type of development provided
for in the land unit is appropriate for the island.
The submission is not particularly clear and the submitter is encouraged to
attend the hearing to expand on this submission but at this time, the submission
cannot be analysed further and as such, it is recommended that the submission be
rejected.
4.2.2.8 Submission
3574/16 small-scale development
It is not clear whether this submission seeks any amendments to the Plan or
supports the existing provisions and it is therefore recommended that
submissions
3574/16 should be accepted as far as it supports specific provisions within
clause 10a.11.
4.2.2.9 Submission
3709/1 focus of the Plan
The Plan, and in particular the commercial 1 (Oneroa Village) provisions are
focussed on maintaining, protecting and enhancing the high amenity and character
of the busy shopping village at Oneroa and not the motorcar as the submitter
suggests. Clause 10a.11 also seeks to enhance visitor activity in Oneroa Village
by encouraging a diverse range of retailing and commercial activities with
specific design requirements such as verandahs to provide continuous all-weather
pedestrian cover. The Oneroa village design guidelines (Appendix 12) aim to
ensure the connection from the village to the sea via walkways, views, ambience
and activities are maintained and enhance the seaside nature of the village,
making it a pleasant and interesting area for visitors.
Traffic separation is encouraged where possible in commercial 1 through the
requirement in Clause 10a.11.7.6 Access, which requires that all buildings on
sites along Ocean View Road with front, rear or side access to the northern or
southern service lanes must be designed, constructed and maintained to achieve
full service access from the adjacent service lane. This is also addressed in
the vehicle access and parking section of the Oneroa village design guidelines
where parking and servicing in particular are encouraged in service lanes and
parking areas with pedestrian linkages to shops.
While retail development in Oneroa is predominant, appropriate commercial
growth and development is encouraged in the land unit and a range of activities
are provided for and are set out in the activity table (10a.11.15). The resource
management issues raised in the Plan seek to enable retail and employment
opportunities within Oneroa while maintaining and enhancing the high amenity
value and village character of the centre. These issues also address the need
for commercial development within Oneroa not to negatively impact other
activities in the land unit, or adjoining land units.
The design and appearance of the streetscape is addressed in both the
commercial 1 provisions (where matters relating to building location, retail
frontages, height and screening are covered) and the Oneroa village design
guidelines (Appendix 12) which addresses items including the prevailing
development pattern, building materials and building detail. Commercial 1
requires that non-retail activities are not located at street level, unless a
retail unit fronts the street and the non-retail activity is located behind it.
This rule seeks to ensure that non-retail activities are appropriately located
to maintain an active retail ground floor and that the retail character in
Oneroa is maintained.
It is therefore recommended that submission
3709/1 be rejected.
| Planner's recommendations for general submission relating
to Commercial 1 (Oneroa village)
That submissions
600/3,
601/3,
2291/1,
3574/16 be accepted with no amendments to the Plan required to give
effect to this submission.
That submissions
1552/11,
2291/3,
3061/81,
3061/85,
3574/16,
3709/1 be rejected
That submissions
593/6,
603/4 be accepted in Part and that amendments to the Plan be made in
accordance with Appendix 3. |
4.3 Submissions about the classification of land within the Commercial 1
land unit.
Submissions dealt with in this section:
82/1,
82/2,
84/1,
84/2,
775/1,
2078/1,
2078/2,
2103/4,
3615/1,
3615/2,
3617/1,
3804/1
4.3.1 Decisions requested
Submissions
82/1,
84/1,
84/2,
3615/1,
3617/1 seek to reclassify properties at 3, 5, 7 &9 Tui Street, Oneroa from
island residential to the commercial 1 land unit.
Submission
82/2 seeks to reclassify 3 & 5 Tui Street, Oneroa from island residential to
commercial 1 land unit.
Submission
775/1 requires that the westward extension of the commercial 1 land unit
along Ocean View Road be removed while submission
3615/2 seeks to extend the commercial 1 land unit to Tui Street rather than
the Ocean View Road extension
Submissions
2078/1,
2078/2 and
2103/4 seek to reclassify 2 & 4 Korora Road, Oneroa from island residential
to the commercial 1 land unit
Submission
3804/1 supports the classification of 3 Oue Street, Oneroa as commercial 1
4.3.2 Planner's analysis and recommendations
4.3.2.1 Submissions
82/1,
82/2,
84/1,
84/2,
3615/1,
3617/1 - 3, 5, 7 and 9 Tui Street
Tui Street is located off Ocean View Road and currently, 1 & 2 Tui Street are
located within the commercial 1 land unit. 1 Tui Street fronts Ocean View Road
while the service station and garage located at 2 Tui Street, faces onto Tui
Street.
The properties in question in the above submissions are located on the west
side of the road and are directly opposite the BP service station at 2 Tui
Street.
The properties (i.e. 3, 5, 7 and 9 Tui Street) (as shown on Appendix 5) are
currently classified as island residential 1 (traditional residential) and each
of the properties contains some form of residential dwelling however, it is
noted that currently 3 Tui Street is occupied by a veterinary clinic. All of the
properties are through properties, with a frontage on both Tui Street and Weka
Road. Some of the land opposite the subject sites on Weka Road is contained
within the commercial 1 land unit and opposite 9 Tui Street, on Weka Road, the
land unit is island residential 1(traditional residential)
The submissions are from the owners of 3 Tui St and 9 Tui Street.
The properties are of a similar size to most of the sites located within the
commercial 1 land unit but are located away from the main shopping area and do
not front Ocean Beach Road. It is considered that while the sites would
significantly increase the size of the commercial 1 land unit, the location of
the sites is such that it would not add significantly to Oneroa village as a
whole.
It is therefore recommended that the above submission be rejected and that
the properties at 3, 5, 7 &9 Tui Street remain within the Island Residential 1
land unit.
4.3.2.2 Submissions
775/1 and
3615/2 extension of land unit
Submission
775/1 raises concern over the extension to the commercial 1 land unit
westward along Ocean View Road. It is noted that the Proposed Plan contains
additional sites that were not considered as retail in the Operative Plan. This
includes the following sites:
- 1 & 3 Tui Street
- 102 - 108 Ocean View Road
- 131 - 137 Ocean View Road
It is considered that whilst the current use of the land may not be suitable
for retail or other commercial activities, the future development potential for
the sites is such that they are considered a valuable extension to Oneroa
Village. It is considered that linking the existing village to the 'Artworks'
site and the Village butchers provides sufficient space to allow retail and
other commercial activities to cater for the increasing number of residents and
tourists who utilise and enjoy Oneroa village.
The submitter raises concern that the extension of the land unit will result
in a loss of amenity values for the areas 'added' to the Oneroa village. The
objective, policies and rules within the land unit are in place to ensure that
the village character of Oneroa is protected and enhanced and that the
activities carried out within the land unit do not negatively affect the
character or amenity of adjoining land units.
Submission
3615/2 seeks to extend the Oneroa Village towards Tui Street (eastwards
along Ocean View Road) rather than the current extension discussed above. It is
noted that the submitter is the owner of property on Tui Street and seeks this
amendment as an alternative to including the properties at 3, 5, 7 & 9 Tui
Street in the land unit.
The extension of the land unit to the west creates linkage to the already
established facilities located at the 'Artworks' site. It is considered that
this is an important link to be made in order to incorporate the 'Artworks' into
the Oneroa village. The 'Artworks' site provides valuable facilities for the
community such as the library and is a great place for local artists to exhibit
their work.
Although it is recognised that the eastward end of Oneroa village also
contains facilities that are important to the community such as the post office
and doctor's clinic, it is considered that the westward extension provides a
linear extension to the land unit on both sides of the road and provides
adequate space for future development.
It is therefore recommended that the above submissions be rejected.
4.3.2.3 Submissions
2078/1,
2078/2 and
2103/4 2 & 4 Korora Road
Submissions
2078/1,
2078/2 and
2103/4 seek to reclassify 2 & 4 Korora Road, Oneroa from island residential
1 to the commercial 1 land unit
The Artworks site, located at 2 Korora Road, Oneroa is owned by the Auckland
City Council and contains community facilities including the public library, a
theatre, information centre and various other small-scale art and craft
retailers. It is considered that the use of this site, along with the adjacent
site at 4 Korora Road, which is also a vital part of the 'Artworks' site,
qualify to be reclassified as commercial 1 from their current classification
within the island residential 1 land unit.
As part of this reclassification, Sheet 2 Map 1 needs to be altered
accordingly to correctly show the amended extent of the commercial 1 land unit.
It is therefore recommended that submissions
2078/1,
2078/2 and
2103/4 be accepted and appropriate changes made in accordance with the Map
at Appendix 6 of this report.
4.3.2.4 Submission
3804/1 3 Oue Street
Submission
3804/1 is accepted as it specifically supports the classification of 3 Oue
Street, Oneroa within the commercial 1 land unit
| Planner's recommendations about submissions relating to
the classification of land within the commercial 1 land unit
That submissions
2078/1,
2078/2,
2103/4,
3804/1 be accepted and the Plan be amended in accordance with Appendix 3
That submissions
82/1,
82/2,
84/1,
84/2,
775/1,
3615/1,
3615/2,
3617/1 be rejected. |
4.4 Submissions seeking the removal of policies from clause 10a.11.3.1
Objective
Submissions dealt with in this section:
Group 1
593/1,
603/1
Group 2
593/2,
603/1,
772/1,
772/3,
779/1,
790/1,
790/2,
3172/1,
3173/1
Group 3
593/3,
603/1,
772/1,
779/1,
790/1,
3172/1,
3173/1
Group 4
593/4,
603/1,
772/1,
779/1,
790/1,
3172/1,
3173/1
4.4.1 Decisions requested
Group 1 submission request the removal of Clause 10a.11.3.1(1) By requiring
new building or additions and alterations to existing buildings to be assessed
to ensure consistency with design guidelines for Oneroa (refer to appendix 12
Oneroa village design guidelines).
Group 2 submissions request the removal of Clause 10a.11.3.1(2) By
requiring retail activities to locate on the ground floor to ensure an active
and continuous retail frontage is maintained
Group 3 submissions request the removal of Clause 10a.11.3.1(3). By
requiring, on sites which adjoin Ocean View Road, that new buildings adjoin and
face this road, to ensure an active and continuous retail frontage.
Group 4 submissions request the removal of Clause 10a.11.3.1(4) By requiring
verandahs to be provided as shelter for pedestrians.
4.4.2 Planner's analysis and recommendations
Clause 10a.11.3.1 of the Plan currently reads:
"10a.11.3.1 Objective
To enable a vibrant, varied and safe retail environment within Oneroa village
where the scale, form and location of buildings provides a high level of
amenity.
Policies
- By requiring new buildings or additions and alterations to existing
buildings to be assessed to ensure consistency with design guidelines for
Oneroa (refer to
appendix 12 - Oneroa village design guidelines).
- By requiring retail activities to locate on the ground floor to ensure an
active and continuous retail frontage is maintained.
- By requiring, on sites which adjoin Ocean View Road, that new buildings
adjoin and face this road, to ensure an active and continuous retail frontage.
- By requiring verandahs to be provided as shelter for pedestrians."
The submission raises concern that the Plan and the Oneroa village design
guidelines do not currently provide a clear picture of the desired outcomes for
the land unit. The land unit provisions and the guidelines are designed to be
read together and enable a clearer picture for users of the Plan of the aims for
the land unit. This matter is addressed and rectified throughout this report.
It is considered that the policies addressed in the submission are key to
ensuring that the character of Oneroa is maintained and enhanced and a high
level of amenity is provided.
It is considered that the first policy relating to new buildings and
additions and alterations to existing buildings being assessed to ensure
consistency with the design guidelines in Appendix 12 ensures that a consistent
approach is applied to all new development in the village. It is considered that
the scale, form and location of new buildings and additions and alterations are
a important means of ensuring that new buildings integrate with the village
character of Oneroa and as such, reference to both the development controls
contained within the Plan and the guidelines provided in Appendix 12 intend to
achieve.
It is considered that policy 2 in relation to the location of retail
activities on the ground floor is important to ensure that a continuous frontage
is maintained throughout the village. It is noted that restaurants, cafιs and
other eating places are considered as retail, as detailed in clause 10a.11.7.2.
It is considered that this policy should remain in place in order to ensure the
village character of Oneroa is maintained and that new development adheres to
this requirement.
Policy 3, which requires buildings to adjoin and face Ocean View Road builds
on policy 2 in order to maintain an active and continuous frontage for the
village. It is noted, as discussed in section 4.2.2.1 above, that buildings on
the northern side of Ocean View Road should also address any frontage to the
coast as well as the road frontage.
It is also noted that the southern side of Ocean View Road could contain a
front yard, as discussed in 4.2.2.1 above, but it is considered necessary to
maintain the requirement for buildings to face the road in order to maintain the
continuity of the village character.
Policy 4, which requires verandahs to be provided as shelter for pedestrians
has been discussed in 4.2.2.1 above. It is considered that verandahs are an
important inclusion for buildings on the northern side of Ocean View Road. The
southern side of the road however, with the aim of encouraging a discontinuous
and varied frontage, does not have the same need for verandahs. It is considered
that this policy could therefore be removed and allow for the subject of
verandahs to be dealt with under the building location clause for each side of
the road.
It is therefore recommended that the submission in Groups 1, 2 &3 be rejected
and that the submissions in Group 4 be accepted and that policy 4 of clause
10a.11.3.1 be removed.
| Planner's recommendations relating to clause 10a.11.3.1
Objective
That submissions
593/4,
603/1,
772/1,
772/3,
779/1,
779/2,
790/1,
790/2,
3172/1,
3173/1 be accepted in part and that clause 10a.11.3(4) be removed
That submissions
593/1,
593/2,
593/3 be rejected |
4.5 Submissions about the Owhanake Treatment Plant
Submission dealt with in this section:
1596/20 and
3521/93
4.5.1 Decisions requested
Submission
1596/20 states that the reference to development in commercial 1 (Oneroa
Village) (clause 10a.11.3.2) no longer being constrained by wastewater disposal
needs due to the Owhanake treatment plant should be reworded to remove
open-ended proposition
Submission
3521/93 (from the Auckland Regional Council) asks for Clause 10a.11.3.2(1)
to read : "By recognising that the scale of development within Oneroa village
is no longer constrained should not be constrained in future, up to the
limit of the capacity of the consent and by the physical capacity of the plant,
by wastewater disposal due to the Owhanake plant."
4.5.2 Planner's analysis and recommendations
4.5.2.1 Submissions
1596/20 and
3521/93 Owhanake Wastewater Treatment Plant
It is recognised from information received from the Auckland Regional Council
that while a consent has been granted for an upgraded replacement system, the
requirements of the consent are not yet met. The current system in place is not
adequate for unlimited growth and therefore wording of the policy should be
altered accordingly.
It is therefore recommended that the submissions be accepted in part and that
the wording of Clause 10a.11.3.2(1) be amended to read
"1. By recognising that
the scale of development
within Oneroa village
,
is no longer constrained
by wastewater disposal
is not a constraint to
future development as long as any waste disposal needs can be met within the
terms of the notice of requirement for
due to the
Owhanake wastewater treatment plant.
| Planner's recommendations for submission on the Owhanake
Wastewater Treatment Plant
That submissions
1596/20 and
3521/93 be accepted in Part and the Plan be amended according to
Appendix 3. |
4.6 Submissions about clause 10a.11.5 Rules -activity table
Submissions dealt with in this section:
518/18,
537/5,
598/1,
599/1,
753/23,
821/25,
836/14,
1190/22,
518/16,
753/21,
821/27,
836/12,
1190/20,
1077/1,
1552/5,
2733/9,
4.6.1 Decisions requested
Submissions
518/18,
753/23,
821/25,
836/14 and
1190/22 seek that Oneroa become more visitor oriented with commercial use
(e.g. real estate) being moved to Ostend.
Submission
537/5 from the New Zealand Fire Service Commission seeks to provide for
emergency service facilities as a permitted activity within the commercial 1
land unit. The submission does not explain which sort of activities would be
encompassed in the term emergency services facilities but it does refer in
particular to fire stations.
The submission notes that no specific provision has been made for emergency
services in the activity table for commercial 1 and the submitter considers it
important that the existing and future operational needs of the fire service be
considered as a permitted activity at the specified site within commercial 1,
namely 3 Weka Street, Oneroa. A further subpart of this submission (i.e.
537/17) the fire service has required a definition for emergency services
facilities within section 14 of the Plan. This along with submissions from the
NZ Police (
1071/1) will be covered in the hearing report for part 14.
Submissions
598/1 and
599/1 that residential dwellings be encouraged in the commercial area of
Oneroa to increase the advantages of mixed use and encourage people into the
seaside village. The submitters feel that the restriction to one dwelling per
site is unnecessarily restrictive and that this does not provide certainty to
landowners. It is also mentioned in the submission that this restriction may
prevent appropriate development as centres of retail change on the Island and
demand changes.
Submissions
518/16,
753/21,
821/27,
836/12,
1190/20 seek to exclude Motor Vehicle Sales from Oneroa and submission
1190/20 seeks that the activity is removed from the activity table as a
discretionary activity.
Submission
1077/1 from the New Zealand Police, expresses their support for the activity
table at clause 10a.11.5 which classifies offices and community facilities as
permitted within the commercial 1 land unit.
Submission
1552/5 seeks alteration to the activity table by way of altering the
discretionary status of accommodation for care and accommodation for retired,
elderly or disabled people.
Submission
2733/9 seeks a base status be applied to activities within the commercial 1
land unit such as an amendment to the Activity Table (10a.11.5) to provide for
the construction and alteration of buildings (activities 1 &2 in table 10a.11.5)
as a controlled activity. In the event that the development controls required
within the Plan are not complied with, the submitters suggest that these
activities should be classified as restricted discretionary activities.
4.6.2 Planner's analysis and recommendation
The commercial 1 land unit recognises that the scale of retail and commercial
activities are key to maintaining the 'village' character and high amenity of
the area and it is also recognised that within the village an appropriate mix of
retail and commercial activities are important to enable the community to
provide for their social and economic wellbeing.
The Plan takes into account that the land unit is located adjacent to
residential and recreational land units and there is a need to ensure commercial
activity within Oneroa does not negatively impact on these neighbouring land
units.
Activities that are considered acceptable within the land unit are identified
in the activity table as permitted. Activities which the Council considers
should be assessed on a case by case basis on have the status of restricted
discretionary, discretionary or non-complying. This allows conditions on
resource consent to be imposed in order to avoid, remedy and mitigate potential
adverse effects from the activity. These statuses also allow any applications
that the Council considers have adverse effects, which cannot be avoided or
mitigated through consent conditions, the option of being refused.
In order to preserve the mixed use nature of Oneroa and to ensure that the
social and economic wellbeing of the community is addressed it is recommended
that appropriate commercial activities, such as those included in the activity
table be retained in Oneroa and that the submissions on this matter be rejected.
4.6.2.2 Submission
537/5 Oneroa Fire Station
It is acknowledged that the Plan could make better provision for some
emergency service facilities in particular fire stations, police stations and
ambulance stations. These activities do not fit into any of the existing
definitions within part 14 of the Plan. It is noted that medical emergency
services such as hospitals and doctors' surgeries fit within the definition of
health care services and are therefore appropriately provided for in the Plan.
In order to make better provision for emergency services facilities, one
option is to broaden the definition of community facilities to specifically
include police stations, ambulance stations and fire stations. However, this
approach is not recommended as the definition currently focuses on activities
which involve the gathering of people. Emergency services facilities are likely
to have particular characteristics and effects which differ from those
activities which involve the gathering of people. Many emergency services
facilities involve some degree of 24 hour operation which can be disruptive to
surrounding areas.
It is recommended that a separate definition for emergency service facilities
be added to part 14 of the Plan. As noted above, this matter will be raised
again in later hearing reports, but it also needs to be considered now, as the
activity cannot be appropriately provided for unless a definition is also
determined. The fire service commission have suggested the following definition
(in subpart of this submission, namely
537/17):
"Emergency services facilities means those facilities or authorities
which are responsible for the safety and physical welfare of the people or
property in the community and includes fire stations, ambulance stations and
police stations."
However, this definition is considered to be too broad as it is not confined
to fire stations, ambulance stations or police stations. The following
definition is recommended instead:
"Emergency services facilities means land and buildings used for a
fire station, ambulance station or police station. This may include
administration, vehicle and equipment storage and maintenance, and training."
It is further recommended that emergency services facilities be provided for
as a restricted discretionary activity within the commercial 1 land unit. The
table for assessment criteria for particular discretionary activities (Table
11.1) will also need to be amended. 'Emergency services facilities' should be
added, with all items (1 to 18) identified with an asterisk.
It is therefore recommended that this submission be accepted in part and that
emergency services facilities be provided for as a restricted discretionary
activity within the activity table.
In commercial 1, 2 and 5, the council should restrict its discretion to
considering the following matters:
- access for emergency vehicles
- noise
4.6.2.3 Submissions
598/1 and
599/1 encouraging residential dwellings
Residential development within the commercial 1 land unit is permitted to the
intensity of one dwelling per site (as stated in the activity table 10a.11.5).
Multiple dwellings are included in the activity table as a discretionary
activity for which a resource consent must be obtained and are referred to in
the definitions section of the Plan (Part 14) as "meaning more than one dwelling
per site".
The submissions states that one dwelling per site is unnecessarily
restrictive to landowners and does not provide certainty. One dwelling per site
is uniform throughout the Plan in land units where residential dwellings are
permitted. It is considered that this is a clear and consistent approach and
clearly outlines for landowners what is an acceptable level of residential
development.
The submissions also state that the restriction of one dwelling per site may
prevent appropriate development of centres of retail change on the Island. It is
considered that whilst residential development is permitted within the land
unit, it is not considered the primary use of land and instead the Plan seeks to
promote and encourage mixed uses of both retail and appropriate commercial
development within the land unit.
It is therefore considered that these submissions be rejected.
Motor Vehicle Sales are defined in Part 14 of the Plan as:
"Motor vehicle sales means any of the following:
- The sale, hire or lease of motor vehicles, trailer boats, caravans, or
trailers.
- The sale of spare parts for motor vehicles, outboard motors or trailer
boats."
Currently motor vehicle sales are provided for within the commercial 1 land
unit as a discretionary activity. Resource consent is required to be obtained
prior to the establishment of a motor vehicle sales yard. The Council so the
council has the ability to refuse any development that is deemed unsuitable.
It is considered that the narrow frontage for most of the sites on Ocean View
Road would not be suitable as a motor vehicle sales yard, however it is
considered that the larger sites, along Kuaka Street could be a suitable
location for this type of activity.
The definition for motor vehicle sales includes hire and lease as well as
sale. It is therefore considered that both tourists and local residents have the
potential to benefit from this type of activity.
It is recognised that the nature of the sites in Ostend may be more suitable
for this type of activity. It is considered that although the activity is not
considered suitable for all sites within the commercial 1 land unit, it is
considered that the discretionary status applied to the activity allows the
Council to use its discretion when considering an application for this activity.
It is therefore recommended that the submission be rejected and that motor
vehicle sales retain a discretionary activity status within the commercial 1
land unit.
4.6.2.5 Submission
1077/1 Offices and Community Facilities
Submission
3574/16 is accepted as far as it supports specific provisions within clause
10a.11.5.
4.6.2.6 Submission
1552/5 accommodation for care and accommodation for retired, elderly or
disabled people
Submission
1552/5 states that the discretionary status placed on accommodation for care
and accommodation for retired, elderly or disabled people activities within the
land unit is too restrictive. The submitter considers that commercial 2 is a
good location for such activities on Waiheke due to the links to public
transport, social services and employment opportunities.
The submitter also raises that dwellings are permitted activities within the
land unit and the submitter considers that dwellings and accommodation for
care/community houses generate the same range of effects and accordingly the
activities should hold the same activity status.
It is considered that accommodation for care and accommodation for retired,
elderly and disabled people have a greater range of effects than dwellings
because these activities are often of a larger scale than a single residential
dwelling. For example, a large retirement village or rest home is of a
considerably different scale and intensity than a single dwelling. It is
considered however that the effects could be suitably avoided, remedied or
mitigated within the commercial 1 land unit due to the generally large site
sizes, the development controls and the commercial nature of the land unit and
the other development controls that apply. It is therefore recommended that a
permitted activity status, in line with the status of dwellings, be applied
within the commercial 1 land unit to allow for both accommodation for care and
accommodation for retired, elderly and disabled people.
It is therefore recommended that this submission be accepted and that the
activity table 10a.11.5 be amended to reflect this altered status of these
activities.
4.6.2.7 Submissions
2733/9 &
2733/10 construction and alteration of buildings
Currently within the commercial 1 land unit the construction of, and external
alterations to, any building is a restricted discretionary activity.
The reason for requiring this restricted discretionary status within the land
unit is to recognise and maintain the high amenity value and village character
of the Oneroa Village.
The Council has intentionally omitted the controlled activity status from the
Plan. In the past, the Council has used the controlled activity status in the
Isthmus Plan, the Central Area Plan and in the operative Hauraki Gulf Islands
Plan. Considerable experience has led the Council to the view that, in the main,
the use of the controlled activity status does not provide the Council with
sufficient discretion to address the adverse effects associated with particular
proposals. This is because the council is not able to decline an application for
a controlled activity but can only impose conditions relating to matters over
which it has reserved control. Not all proposals can be adequately mitigated by
the use of conditions. Some proposals need to be declined or substantially
modified.
Restricted discretionary activities are provided for within part 77B of the
Resource Management Act (1991) (RMA) and are defined as;
"If an activity is described in this Act, regulations, or a plan or proposed
plan as a restricted discretionary activity,
(a) a resource consent is required for the activity; and
(b) the consent authority must specify in the plan or proposed plan matters
to which it has restricted its discretion; and
(c) the consent authority's powers to decline a resource consent and to
impose conditions are restricted to matters that have been specified under
paragraph (b); and
(d) the activity must comply with the standards, terms, or conditions, if
any, specified in the plan or proposed plan."
As stated in the definition, a resource consent is required for a restricted
discretionary activity and the Council has the power to decline the application
and to impose conditions on the matters to which discretion has been restricted
in the Plan. A controlled activity, as requested by the submitter (and defined
by the RMA below) also requires a resource consent for the activity, and the
Council is able to impose conditions on the consent, but is unable to decline
the consent should the development be deemed inappropriate.
Controlled activity:
"If an activity is described in this Act, regulations, or a plan or proposed
plan as acontrolled activity,
(a) a resource consent is required for the activity; and
(aa) the consent authority must grant the resource consent, unless it has
insufficient information to determine whether or not the activity is a
controlled activity; and
(b) the consent authority must specify in the plan or proposed plan matters
over which it has reserved control; and
(c) the consent authority's power to impose conditions on the resource
consent is restricted to the matters that have been specified under paragraph
(b); and
(d) the activity must comply with the standards, terms, or conditions, if
any, specified in the plan or proposed plan."
The potential effects of the construction of, and alteration to, buildings
within the commercial 1 land unit are such that they may not be adequately
controlled by just conditions on a resource consent. The need to control the
scale, form and appearance of buildings are characteristics of development that
are essential in order to maintain the 'village' character of the land unit and
resource consent conditions alone may not provide adequate mitigation for
effects of development not in keeping with these key design principles. It is
therefore more effective to retain a restricted discretionary status and
therefore it is recommended that submission
2733/9 is rejected.
| Planner's recommendations about clause 10a.11.5 Rules activity table
That submission
537/5 be accepted in part and the Plan be amended according to Appendix
3.
That submission
1077/1 and
1552/5 be accepted and the Plan be amended according to Appendix 3.
That submissions
518/18,
598/1,
599/1,
753/23,
821/25,
836/14,
1190/22,
518/16,
753/21,
821/27,
836/12 and
1190/20,
2733/9 be rejected. |
4.7 Submissions about Clause 10a.11.7.1 Building location
Submissions dealt with in this section:
779/2,
603/2,
1073/1,
1250/40,
2074/1,
2075/1
4.7.1 Decisions requested
Submission
779/2 seeks the encouragement of setbacks and innovative and vibrant public
spaces (in Oneroa village)
Submission
603/2 seeks to remove the building location rules for Oneroa Village.
Submission
1073/1 seeks to remove the clause 10a.11.7.1 while submission
2074/1 seeks that provision of freely accessible, suitably landscaped public
space between the road boundary and the frontage of buildings is permitted in
relation to this same clause.
Submission
2075/1 requests that the compulsory requirement for verandahs is removed and
that verandahs be considered as a matter for which the Council can apply its
discretion.
Submission
1250/40 seeks that the Plan provides for building setback for all sites
fronting Ocean View Road.
4.7.2 Planner's analysis and recommendations
The removal of this clause has been addressed earlier in section 4.2.2.1 of
this report.
Removal of the building location rule 10a.11.7.1 would result in development
that could potentially impact on the village character and high amenity of
Oneroa. Building location controls ensure that the look of new development
within Oneroa takes on a consistent approach while the Oneroa village design
guidelines and the assessment criteria contained within clause 11.5.3.4 further
support and enhance the principles behind this rule.
Allowing for landscaped public space and building setbacks within the
building location clause, as requested in submissions
2074/1 and
1250/40 is in keeping with the guidelines laid out in the Oneroa village
design guidelines. It would allow flexibility for landowners when considering
design for new developments. It is mentioned in the submissions, due to road
curves, sloping boundaries and property heights in relation to the road that the
requirements to build up to the road frontage and provide a continuous verandah
are not a feasible approach in some cases along Ocean View Road.
As discussed in section 4.2.2.1, it is recognised that separate treatment is
required for the northern and southern sides of Ocean View Road with respect to
development controls.
Therefore, it is recommended that the above submissions be accepted in part
and that clause 10a.11.7.1 Building location be amended as addressed in section
4.2.2.1.
| Planner's recommendations relating to clause 10a.11.7.1
Building location
That submissions
779/2,
603/2,
1073/1,
1250/40,
2074/1 and
2075/1 be accepted in part and the Plan be amended in accordance with to
Appendix 3. |
4.8 Submissions about clause 10a.11.7.2 - Retail frontage control
Submissions dealt with in this section:
507/1,
507/2,
600/1,
600/2,
601/1,
601/2,
1073/2,
2076/1
4.8.1 Decisions requested
Submission
507/1 seeks to include specific wording in the clause to specify non-retail
activities while submission
507/2 seeks clarification of what is considered an Ocean View Road frontage.
Submission
600/1,
600/2,
601/1,
601/2 and
1073/2 seeks deletion of the clause altogether.
Submission
2076/1 asks that community facilities be included as retail for the purpose
of this clause.
4.8.2 Planner's analysis and recommendations
Removal of the Retail frontage control 10a.11.7.2 would risk the retail
character and 'village' feel of the village by allowing any type of activity,
including commercial activities and residential dwellings to be located at
ground level, on the road frontage with Ocean View Road. The rule is included in
the Plan to retain the vitality, connectiveness and interaction in Oneroa
Village while ensuring that non-retail activities are appropriately located
within the 'village'. It is not considered necessary, as suggested by submission
507/1 to mention specific non-retail activities as it is considered that the
definition of retail premises adequately outlines which activities are excluded
from retail.
It is also not considered appropriate, as suggested by submission
2076/1, to include community facilities as an exception to the frontage
control. Whilst it is recognised that community facilities play a valuable role
in the community, it is considered that in order to enhance and protect the
retail nature of the village, it is necessary for community facilities to be
located off the frontage to Ocean View Road.
It is considered that an Ocean View Road frontage includes any property with
a boundary up to the road reserve.
It is considered however that the retail frontage control should, as
discussed in section 4.2.2.1, for buildings on the northern side of Ocean View
Road, address the building frontage to the coast as well as the road frontage.
It is important that the view of the village from off shore and the beach be
considered when new development is proposed. It is therefore considered that a
new point be included within the retail frontage control for the northern side
to address this. As a result, it is also recommended that the clause be renamed
from "Retail frontage control" to "Frontage control" as it no longer only
addresses the retail frontage.
4.8.2.2 Submission
1073/2 police station
Submission
1073/2, from the New Zealand Police, requests that clause 10a.11.7.1 and
clause 10a.11.7.2 be deleted as they interfere with the operation of the police
station located at 104 Ocean View Road, Oneroa. This site is designated for
police use and is not subject to the restrictions and rules contained in the
land unit. It is noted that the conditions attached to the designation for the
police station (map reference 2-12) are contained in Appendix 7 of the Plan.
It is therefore recommended that this submission be rejected.
| Planner's recommendations relating to clause 10a.11.7.2
Retail frontage control
That submission
600/1,
600/2,
601/1,
601/2, be accepted in part and the Plan be amended in accordance with
Appendix 3.
That submissions
507/1,
507/2,
1073/2,
2076/1 be rejected. |
4.9 Submissions about noise - clauses 10a.11.7.3 and 10a.11.7.4
Submissions dealt with in this section:
537/6,
830/2,
1275/2,
3074/4,
3300/2,
3399/3,
3707/1,
3707/2,
3707/3,
3707/4
4.9.1 Decisions requested
Submission
537/6 seeks that an exclusion note be added to the table 10a.11.7.5 stating
Emergency Services sirens and call out sirens are excluded from needing to meet
the above noise controls.
Submission
830/2 requests that there be no noise increase at all within the land unit.
Submission
1275/2 seeks lower noise levels in the land unit
Submission
3300/2 seeks to retain the noise level of the Operative Plan
Submission
3399/3 seeks to reduce commercial noise levels day and night time.
Submission
3707/1 seeks to delete the wording "not held in common ownership" from
clause 10a.11.7.4
Submission
3707/2 request a change to make noise levels between 10pm and 7am 45dBA
Submissions
3707/3 &
3707/4 seek to make noise rules that reverse the burden of proof, (the
burden should be on the originator of the noise to show a defence)
4.9.2 Planner's analysis and recommendations
Clause 10a.11.7.4 relates to allowable noise levels between activities within
the commercial 1 land unit. This control is not included in the Operative Plan
and provides additional protection for the mixed use of activities within the
land unit.
The purpose of this control is to manage any excessive noise levels that may
arise as a result of activities being carried out within the land unit. It
allows for items such as refrigeration units, music in cafιs and restaurants,
machinery etc to be used within the land unit but to be controlled to a level
that is acceptable and is not considered damaging to public health.
Submissions
830/2,
1275/2,
3300/2,
3399/3 and
3707/2 all seek a reduction in the noise levels of the land unit, or that
the noise levels be returned to the levels of the Operative Plan.
It is recognised that due to the size and population of Waiheke, noise levels
experienced on the island are generally less than those experienced within parts
of the Isthmus. It is also considered however, that commercial 1 is a mixed use
land unit and can therefore contain activities which create a higher level of
noise than a purely residential land unit.
The noise levels allowed in this clause are taken from recommendations of the
New Zealand standard 6802:1999 (Acoustic- Assessment of Environmental sound).
The Standard is concerned with background sound and the assessment of sound from
steady and time-varying sources. It is considered that the population of Waiheke
has increased since the current plan was made operative in 1996. The allowable
noise levels contained in the standard have also increased. It is considered
that an increase in noise levels is appropriate for Waiheke and particularly the
commercial 1 land unit and the levels contained within the Plan are in line with
the national standard.
It is considered that the noise levels contained within Clause 10a.11.7.3
represent a realistic level of noise for activities within the land unit. This
is in view of the land unit being a commercial land unit, that the levels relate
to the noise between activities within the land unit and that residential use in
another land unit is provided with controls that are more stringent which are
outlined in Clause 10c.5.4 of the Plan. It is therefore recommended that
submissions
830/2,
1275/2,
3300/2,
3399/3 and
3707/2 be rejected.
Submission
3707/1 seeks that the words "not in common ownership" be deleted from the
clause
"The L eq noise levels and maximum level (L max )
arising from any activity, measured at or within the boundary of any adjacent
site (not held in common ownership) classified as commercial 1 must not
exceed..."
It is considered that removal of this clause would mean that an activity
operating over a number of sites (in common ownership) for example, would be
subject to controls within the activity which would create unnecessary
restrictions for large sites. It is also considered that this would result in
little or no benefit to the public as the noise levels between activities would
still be controlled under the Plan. It is therefore recommended that submission
3707/1 be rejected.
Submission
3707/3 and
3707/4 requires that rules regarding noise include a reverse burden of
proof. This would place the onus of the complaint on the alleged offender and
not on the Council to prove that the rules were being breached. The issues
raised in the submission are really about monitoring and enforcement methods.
"Burden of proof" is a legal term which is not addressed through the Plan.
People who generate noise have an obligation to comply with the RMA and the
Plan while the Council has an obligation to monitor and enforce the rules
contained within the Plan. It is considered that where resource consent is
required for a potentially noisy activity, the Council may require that
applicant to provide information from an acoustic expert showing that compliance
is practicable.
It is therefore recommended that submissions
3707/3 and
3707/4 be rejected
Submission
537/6 seeks that emergency services sirens be exempt from complying with the
noise controls within the land unit. It is considered that while it is important
to address this matter and create an exemption for emergency services sirens, it
is considered that this matter would be more suitably addressed in the general
noise controls under clause 10c.5.4.
It is therefore recommended that the submission be rejected.
4.10 Submissions about clause 10a.11.7.5 Height
Submissions dealt with in this section:
583/1,
583/2,
583/3,
602/1, 605/1, 605/4,
776/1,
776/2,
776/3,
782/1,
782/2,
782/3,
1250/41,
1596/21,
1596/22,
2077/1,
3164/1,
3164/2,
3164/3,
3174/1,
3174/2,
3174/3,
4.10.1 Decisions requested
Submissions
583/1,
776/1,
782/1,
3164/1,
3174/1 seek to remove clause 10a.11.7.5 Height
Submissions
583/2,
776/2,
782/2 seek that side should be no higher than allowed for in the operative
Plan, and should be limited to single storey height which has already been
established.
Submissions
583/3,
776/3,
782/3,
3164/3,
3174/3 seeks that all provision in the Operative Plan protecting this visual
amenity and public access (in Oneroa village) should be retained.
Submissions
602/1, 605/1 seek clarification that only single story buildings are allowed
on the northern side of the street and that view shafts are mandatory
(specifically in regards to clause 10a.11.7.5).
Submissions
776/2,
782/2,
3164/2,
3174/2 seek development on the northern side of Ocean View Road should be no
higher than allowed for in the Operative Plan, and should be limited to heights
already established.
Submission
1250/41 seeks to retain clause 10a.11.7.5 with no increase in the allowable
height of buildings from that specified.
Submission
1596/21 opposes allowing building at road level on the northern side of
Ocean View Road in commercial 1 (Oneroa village) to be built on 6m - two
storeys.
Submissions
1596/22 seeks buildings on the southern side of Ocean View Road in
commercial 1 (Oneroa village) should be allowed to develop to three storeys
(9m+)
Submission
2077/1 seeks that the height restriction (clause 10a.11.7.5) be limited to
buildings to the East of the roundabout in Oneroa Village.
4.10.2 Planner's analysis and recommendations
4.10.2.1 Submissions
583/1,
776/1,
782/1,
3164/1,
3174/1 removal of clause 10a.11.7.5
Clause 10a.11.7.5 currently reads:
"10a.11.7.5 Height
- Buildings on the northern side of Ocean View Road:
- Must not exceed a maximum height of 6.5m, where the building adjoins the
Ocean View Road frontage.
- This may be increased to a maximum height of 9m where the ground level
is greater than 3m below that at the boundary with Ocean View Road.
- All other buildings must not exceed a maximum height of 8m.
Explanation
As the topography drops away to the northeast there is potential for greater
building heights which will not affect views of Oneroa Beach and Oneroa Bay. The
purpose of this rule is to encourage terraced buildings which follow the
topography of the site.
As discussed in section 4.2.2.1 it is considered that the northern and
southern sides of Ocean View Road, due to their topography and location with
respect to the coast, require separate development controls in order to enhance
and protect the village character of Oneroa.
It is noted that currently the height controls within the land unit address
the northern and southern sides of the village separately.
It is considered that the height limitations for the northern side of Ocean
View Road accurately represent the intention for buildings on these sites to be
low rise in order to protect and enhance the views to the coast and maintain the
village character of Oneroa.
It is also considered that the height limitation for the southern side of the
road represent the intention for these buildings to be 2 level buildings in
order to maximise their view to the coast.
It is therefore considered that submissions
583/1,
782/1,
3164/1,
3174/1 requesting removal of the clause be rejected.
In the Operative Plan, what is now considered to be Oneroa Village was made
up of land units 11(traditional residential), 12 (bush residential) and 13
(retailing). All of these land units contained a maximum height of 8m.
As discussed in section 4.10.2.1 above, it is considered that in order to
protect and enhance the views to the coast and foreshore from Oneroa village,
buildings on the northern side of Ocean View Road need to be kept to low level
buildings. It is considered that 8m, which allows for 2-storey buildings, is not
low level and would not maintain the views to the coast and the village amenity
of Oneroa.
It is for this reason that the Proposed Plan has restricted the height on the
northern side of Ocean View Road to a maximum height of 6.5m.
It is therefore recommended that submissions be rejected.
4.10.2.3 Submission
602/1, 605/1 single storey buildings
The submissions seek clarification that only single story buildings are
allowed on the northern side of the street. It is considered that as a building
requires a minimum height of 3m per floor and a minimum height of 1.5m for a
roof, an allowance of 6.5m does not allow for anything more than a single storey
building at street level.
It is considered that the 6.5m allows for the design of the building to
maximise the use of interesting shapes and rooflines in order to create an
interesting view of the building from the street.
It is acknowledged that the wording within the rule could clarify this point
further and therefore as discussed in section 4.2.2.1 above, it is recommended
that the following wording be included in the clause for the northern side of
Ocean View Road
" c. In all instances, a single storey frontage to street level must be
maintained ."
The submissions also seek that view shafts are mandatory (specifically in
regards to clause 10a.11.7.5). It is considered that the development controls
within the Plan, along with the objectives and policies and, in the case of
Oneroa village, Appendix 12 Oneroa village design guidelines, provide the
necessary guidance to ensure that the important views to the coast are
maintained, therefore making the need for view shafts redundant.
It is therefore considered necessary to remove reference to viewshafts from
the design guidelines and in particular, reference to viewshafts in part 3
prevailing development pattern should be removed as follows:
"Maintaining a linear mainstreet and retail hear along the ridge with
buildings dominating the landscape; an interesting roofline along the ridge,
and frequent viewshafts allowing varied while maintaining views to
the bay, beach and distant headlands."
Also the references under part 7 building detail to the viewshafts (see
below) should be removed.
"The future street form is intended to be discontinuous with view shafts
and walkways between buildings and indented set-backs and courtyards."
"Buildings which occur within view shafts need to be incidental within the
overall scene, merging into the background as part of a seaside village with an
appropriate scale and roofscape."
It is therefore recommended that submissions
602/1, 605/1 be accepted in part.
4.10.2.4 Submission
1596/21 6m height on northern side of Ocean View Road
The submitter opposes the allowance for buildings on the northern side of the
road and particularly, that buildings could be over 1 storey high.
It is agreed that the buildings on the northern side of Ocean View Road
should be single storey to maximise the views to the coast. It is noted however
that the land slopes down away from the road on the northern side and therefore
there is potential for buildings to be more than one storey high in total, with
only one storey visible from street level.
As discussed in sections 4.2.2.1, 4.10.2.1, 4.10.2.3 above, each storey of a
building requires a height of at least 3m and a roof requires a minimum of
height 1.5m. It is therefore considered that a 6m building will still be single
level, but the provisions allow for an interesting roof space
It is therefore recommended that the submission be accepted in part in that
it is agreed that only single level buildings should be allowed on the Ocean
View Road frontage.
4.10.2.5 Submission
1596/22 Height for southern side to be increased
The submitter seeks that the height limit for buildings on the southern side
of Ocean View Road be increased to three storeys (9m+) from the current
restriction to a maximum height of 8m.
As discussed in sections 4.2.2.1, 4.10.2.1, 4.10.2.3 above, it is recognised
that building height is based on providing a minimum height of 3m per floor and
a minimum height of 1.5m for the roof space. It is considered that a maximum
height of 8 allows for two storeys (6m) and then an additional 2m for roof
space.
Based on the allowances above, it is considered that 9m would not be enough
to create a 3-storey building. Instead, it is considered that a height of around
11 or 12metres would allow for this.
It is considered that while the sites on the southern side of Ocean View Road
may be able to accommodate large buildings, and therefore an increase to 9m+ or
three storeys, it is also considered that an increase in the allowed height
would result in building, which would be dominant and overbearing on the
'village' character of Oneroa.
It is therefore considered that the submission be rejected.
4.10.2.6 Submission
2077/1 Height to the west of the roundabout on Ocean View Road.
The submitter raises concern with properties to the west of Ocean View Road
being restricted to a height of 6.5m. The submitter states that due to the
topography of the sites, which have a ground level which is above the level of
the road, the buildings on the sites could be restricted to 4m in height.
Height is defined in Part 14 of the Plan as:
"Height
in relation to a building means the vertical distance between ground level at
any point and the highest part of the building immediately above that point (as
shown on figure 14.2: Height).
When determining the highest part of the building, parapets will be taken
into account but not any of the following:
- Radio and television antennas which do not exceed the maximum height
normally permitted by the rules for the land unit or settlement area by more
than 3m.
- Chimneys which:
- Do not exceed 1.1m in any horizontal direction; and
- Do not exceed the maximum height normally permitted by the rules for the
land unit or settlement area by more than 1.5m.
- Finials which do not exceed the maximum height normally permitted by the
rules for the land unit or settlement area by more than 1.5m."
Ground level is defined in Part 14 as:
"Ground level means the finished level of the ground at the time the
council issued a completion certificate under s224c of the RMA for the most
recent subdivision applying to the site. However where there has been no such
subdivision since 18 September 2006, the ground level will be taken to be the
finished level of the ground on 18 September 2006."
It is therefore considered that the 6.5m height restriction is taken from the
ground level on each individual site and therefore the submitter is incorrect in
their assumption that properties to the west of the roundabout on Ocean View
Road would be further restricted due to their topography.
The relief sought by the submission is that the height restriction for
buildings be limited to those to the east of the roundabout on Ocean View Road
and it is recommended that the submission be rejected.
| Planner's recommendations for submissions about clause
10a.11.7.5 Height
That submissions
602/1, 605/1,
1596/21 be accepted in part and that the Plan be amended in accordance
with Appendix 3.
That submissions
583/2,
583/3,
776/1,
776/2,
776/3,
782/2,
782/3,
1250/41,
1596/22,
2077/1,
3164/2,
3164/3,
3174/2,
3174/3,
583/1,
782/1,
3164/1,
3174/1 be rejected. |
4.11 Submissions about clause 10a.11.7.6 - Access
Submissions dealt with in this section:
1596/23
4.11.1 Decisions requested
The submission strongly supports the provision for service access to
buildings fronting Ocean View Road via the adjacent service lane.
4.11.2 Planner's analysis and recommendations
Submission
1596/23 is accepted as far as it supports specific provisions within clause
10a.11.6.
| Planner's recommendations about the submission relating to
clause 10a.11.7.6 -Access
That submission
1596/23 be accepted with no changes to the Plan required to give effect
to this submission. |
4.12 Submissions about Appendix 12 Oneroa village design guidelines
Submissions dealt with in this section:
603/5,
604/1,
606/1,
1055/53,
1055/54,
1250/42
4.12.1 Decisions requested
Submissions
604/1 and
606/1 seek that the area behind Ocean View Road on Kuaka Street be used for
larger scale developments that need larger floor areas by nature of their
operations and would not be appropriate on the street frontage of Ocean View
Road.
Submission
1055/53 and
1055/54 seek inclusion of Section 6.0 Vehicle access and parking, with the
strengthening of some wording within the guidelines.
Submission
603/5 suggests a rewrite of the design guidelines so there is no conflict
with the Plan requirements.
Submission
1250/42 supports the inclusion of viewshafts of the beach and ocean and
requests, in addition to the viewshafts, that public access to views of the
beach and ocean should be provided for from the buildings.
4.12.2 Planner's analysis and recommendations
4.12.2.1 Submissions
604/1 and
606/1 land fronting Kuaka Street
The design guidelines, under part 3.0 prevailing development pattern
states:
"Oneroa exhibits a natural development pattern related to its geography.
This should be reinforced by:
...More fragmented, generally small lot development between Ocean View Road
and Kuaka Street with the landscape dominating the built form."
It is considered however, that the land between Ocean View Road and Kuaka
Street is not necessarily only suitable for smaller scale development. Whilst it
is recognised that the frontage to Ocean View Road requires a consistent
approach in the scale and form of buildings, which has been addressed in the
Plan through the development controls, it is considered that the land to the
rear of these front sites could have the potential for larger scale commercial
development.
It is considered that as this rear area does not front the main village
thoroughfare of Ocean View Rd, it does not significantly alter the village
character of the land unit. It is also considered that part of the area can be
accessed from the designated service lane, which currently runs parallel with
Ocean View Road which providing a link with the existing village
The activity table in clause 10a.11.5, requires that the construction and
relocation of buildings obtain resource consent as a restricted discretionary
activity. As discussed in 4.6.2.7, a restricted discretionary activity allows
the Council to assess any application for resource consent against the matters
to which they have restricted their discretion, for example, intensity and scale
(see clause 11.3.2 of the Plan).
Therefore, any new building proposed would be assessed against these criteria
and could be declined or conditions imposed if the Council deem that it is not
suitable.
It is therefore considered that removal of bullet point 3 from part 3
prevailing development controls would allow for larger lot developments to be
considered for the sites to the rear of the Ocean View Road frontage.
As a consequence of this, it is recommended that figure a12.3 be also amended
to more accurately represent development to the rear of the southern side of
Ocean View Road.
It is therefore recommended that the submissions be accepted in part.
4.12.2.2 Submissions
1055/53 and
1055/54 vehicle access and parking
The submissions are generally supportive of the inclusion of the controls
within Part 6 of the Oneroa village design guidelines but seek strengthened
wording to the vehicle access and parking guidelines which seeks to encourage
servicing and parking via off street lanes.
It is noted that while ideally all sites would have access to an off-street
lane in which to provide customer parking undertake servicing, it is not the
case for all sites within Oneroa village.
It is considered that clause 10a.11.7.6 of the Plan supports the design
guidelines further by requiring that buildings with an access to the service
lands must designed to maintain full service access to these lanes.
It is therefore not considered appropriate to alter the wording for part 6 of
the Oneroa village design guidelines as it is not possible for all sites within
the village to be accessed from the service lanes.
It is recommended that the submissions be accepted in part in so far as it
supports the general guidance of the Part in the design guidelines.
4.12.2.3 Submission
603/5 rewrite design guidelines
The submission seeks a rewrite of the entire guidelines in Appendix 12 in
order to remove any conflicting ideas with the Plan.
This matter has been partially address in section 4.2.2.1 of this report
above, where changes to the Plan have been recommended in order to clarify the
intended direction for development within the village.
It is recognised however that there are areas within the design guidelines
which also require amendment in order to achieve a consistent approach with the
Plan.
It is noted that elsewhere in this report, and in particular sections
4.10.2.3 and 4.12.2.1, amendments to the design guidelines have been
recommended, with respect to references to viewshafts which are no longer
applicable to the land unit and development at the rear of sites on Ocean View
Road.
It is considered that the following additional change are required to the
land unit:
"Part 5 - Building form and pattern
...Retail development on the south north side of Ocean View
Road will be low rise and lineal to protect existing views. although
exceptions may be made, subject to other criteria being met."
It is not considered appropriate to allow exceptions to the height
restrictions for properties on the northern side of Ocean View Road as it is
vital to the village's linkage to the coast through the views.
It is therefore recommended that the submission be accepted in part and that
the change above be implemented, along with other changes recommended throughout
the report to both the design guidelines and the Plan in order to achieve a
consistent and non-conflicting guide for landowners.
4.12.2.4 Submission
1250/42 - viewshafts
As discussed in section 4.10.2.3, it is considered that the development
controls within the Plan, along with the objectives and policies and the
Appendix 12 Oneroa village design guidelines, provide the necessary guidance
to ensure that the important views to the coast are maintained, therefore making
the need for view shafts redundant.
It is therefore recommended that the submission be rejected and the
amendments proposed in section 4.10.2.3 be implemented.
| Planner's recommendations relating to Appendix 12 (Oneroa
village design guidelines)
That submissions
603/5,
604/1,
606/1,
1055/53 and
1055/54 be accepted in part and the Plan be amended according to
Appendix 3.
That submission
1250/42 be rejected |
5.0 Conclusion
This report has considered the decisions requested in submissions lodged
regarding commercial 1 (Oneroa Village) & Appendix 12 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 |
Deborah Kissick, 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
Recommended amendments to the Plan
Part A
Part B
Appendix 4
Plan showing division of Ocean View Road
Appendix 5
Plan showing 3, 5, 7 & 9 Tui Street, Oneroa
Appendix 6
Plan showing 2 & 4 Korora Road, Oneroa
