District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Hearing reports index
Commercial 4 (visitor facilities)
| Report to: |
The Hearing Panel |
| Author: |
Deborah Kissick |
| Date: |
23 July 2008 |
| Group file: |
314/274016-004
|
1.0 Introduction
This report considers submissions and further submissions ('submissions')
that were received by the council in relation to Commercial 4 (visitor
facilities) 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 Commercial 4 (visitor facilities). 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 Commercial 4 (visitor
facilities).
"This land unit applies to specific properties in Onetangi, Palm Beach, and
Orapiu in Waiheke. The character of the land unit is varied although it is
generally located close to the coast and residential areas.
The current activities within the land unit include holiday accommodation,
dwelling, hotel, restaurant and bar activities.
Overall, the purpose of the land unit is to provide for larger scale visitor
facilities within specific locations on Waiheke."
"The resource management strategy and purpose for the land unit is to provide
for visitor facilities while ensuring that adjoining residential uses and the
natural environment are not detrimentally impacted.
The land unit provides for three different forms of visitor facilities or
holiday accommodation. These are camping facilities, visitor accommodation and
tourist complexes.
These facilities vary in scale and intensity with camping facilities having a
generally low intensity (providing for camping and caravan activities), visitor
accommodation having a medium intensity (including motels, hotels and
backpackers) and larger intensity tourist complexes which allow for visitor
accommodation and dining, bar and function facilities.
The purpose of the land unit is to specifically provide for visitor
facilities, therefore in order to protect the purpose of the land unit,
dwellings are a non-complying activity."
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in submissions
about Commercial 4 (visitor facilities) 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 Commercial 4 (visitor
facilities) 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', ie they were received after
the closing date for lodging submissions (11 December 2006) or further
submissions (28 May 2007). All late submissions were considered by the hearing
panel at the start of the hearing process and the panel has already waived the
failure to comply with the time limit for any late submissions or further
submissions listed in appendix 1. This has been done in accordance with sections
37 and 37A of the RMA.
4.2 Submission about general matters relating to the Commercial 4 (visitor
facilities) land unit
Submission dealt with in this section:
2551/1,
3061/88,
3182/1,
3183/1,
4.2.1 Decision requested
Submission
2551/1 seeks that tourist activities be continued as currently allowed for
in commercial 4 (visitor facilities).
Submission
3061/88 states that the commercial 4 land unit should 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
3182/1 supports clause 10a.4.5 which makes all activities other than camping
facilities and visitor accommodation as restricted discretionary or
discretionary activities.
Submission
3183/1 seeks that the screening provisions used in other commercial land
units be included in clause 10a.14.6 Rules – development controls.
4.2.2 Planner's analysis and recommendations
4.2.2.1 Submission
2551/1 – tourist activities
It is recommended that submission
2551/1 be accepted in that it supports the provisions of the commercial 4
land unit.
4.2.2.2 Submission
3061/88 – provisions within Commercial 4 land unit
The provisions under clause 10a.14 commercial 4 (visitor facilities) identify
the characteristics of the land unit as being specific properties which are
generally located close to the coast and residential areas which provide for
larger scale visitor facilities. The objectives and policies within this clause
seek to ensure that the needs of the tourist population on Waiheke are met and
to ensure that any adverse effects from visitor facilities on adjacent land
units or the coast are avoided or mitigated.
The key resource management strategies within the land unit are to provide
for visitor facilities while ensuring that the adjoining residential uses and
the natural environment are not detrimentally impacted. The land unit provides
for camping facilities, visitor accommodation and tourist complexes, all of
which have varying scales and intensities which need to be catered for within
the land unit. Dwellings are considered a non-complying activity within the land
unit. This status has been given in order to protect the purpose of the land
unit.
It is not clear what amendments are sought by the submitter. However, subject
to any amendments recommended in this report, it is considered that the land
unit rules provide for an appropriate level of development. It should be noted
that buildings are restricted discretionary which allows the Council to consider
the scale, form, colour and location of any new buildings.
It is therefore recommended that the submission be rejected.
4.2.2.3 Submission
3182/1 – Activity table
It is recommended that submission
3182/1 be accepted in that it specifically supports the content of clause
10a.4.5 Rules – activity table.
4.2.2.4 Submission
3183/1 – screening provisions
The submitter seeks that the screening provisions used in other commercial
land units are applied to commercial 4 also. The submitter makes a valid point
in that the activities contained within the commercial 4 land unit can equally
contain storage and parking areas which require screening from island
residential and recreational land units as commercial activities and other land
units.
It is therefore considered that the following wording be added to clause
10a.14.6
10a.14.6.1 Screening
Where any outdoor storage, refuse disposal area, service or parking area
adjoins or directly faces a road or land that is in an island residential or
recreation land unit, such areas must be screening from the road or the island
residential or recreation land by:
- A solid wall or fence not less than 1.8m in height built of concrete,
brick, stone, timber or other sold material; or
- Densely planted indigenous vegetation which is capable of reaching a
minimum of 1.8m in height and will screen the area throughout the year.
Explanation
Imposing a screening control on common boundaries between these areas can
lessen the amount of noise, dust, glare and litter spreading from the generating
site. It reduces the visual impact of unsightly areas of storage and parking,
and can establish a sense of privacy from visual and physical intrusion.
It is therefore recommended that the submission be accepted and that the
above wording be inserted into clause 10a.14.6.
| Planner's recommendations for general matters relating to
the commercial 4 land unit
That submission
2551/1,
3182/1,
3183/1 be accepted and the Plan amended in accordance with Appendix 3.
That submission
3061/88 be rejected. |
4.3 Submissions about dwellings and manager's accommodation
Submissions dealt with in this section: 47/1,
81/1,
153/1,
518/20,
753/26,
821/29,
836/17,
1091/1,
1190/25,
1264/1,
1264/2,
1264/3,
1264/4,
2584/1,
3549/1,
4.3.1 Decisions requested
Submissions 47/1,
81/1,
153/1,
2584/1,
3549/1 seeks that dwellings be provided for as a permitted activity within
the land unit
Submission
1264/1 seeks changes to the objectives and policies to provide for dwellings
within the land unit
Submissions
1264/2 seeks that the resource management strategy be reworded to provide
for dwellings as a controlled activity within the land unit
Submission
1264/3 seeks that dwellings be provided for as a controlled activity within
the land unit
Submissions
1091/1 seeks that dwellings be provided for as a restricted discretionary
activity within the land unit
Submissions
518/20,
753/26,
821/29,
836/17,
1190/25 seeks that the land unit provide for dwellings or managers
accommodation within the land unit
Submission
1264/4 seeks to include a special exemption for dwellings on lots 2-5 (being
subdivision of Lot 3 DP 211567, 20 Third Ave, Onetangi) as a controlled
activity.
4.3.2 Planner's analysis and recommendations
All of the above submissions seek the inclusion of dwellings within the land
unit to a varying degree. Manager's accommodation will be considered later under
section 4.3.2.2 below.
The land unit is designed to provide for visitor facilities to service the
needs of tourists to Waiheke. The land unit is restricted to specific sites on
Waiheke, which are considered to be appropriate for large scale visitor
facilities.
Due to the limited number of sites which are classified commercial 4 (visitor
facilities) and the fact that the sites within the land unit are, in the
majority, already developed and used for the needs of the tourist population, it
is considered that dwellings should not be provided for within the land unit.
Clause 10a.14.2.2 outlines that one of the resource management issues within
the land unit is how to ensure that development is restricted to visitor
facility activities only and does not include permanent dwellings. Clause
10a.14.3 outlines the objectives and policies for the land unit and in
particular, the objective under clause 10a.14.3.1 refers to the need to provide
visitor facilities to service the needs of tourists to Waiheke with the policies
providing for camping facilities and visitor accommodation as permitted
activities while not providing for dwellings within the land unit.
The residential land units on the island adequately provide for residential
dwellings, as do any other land units where dwellings are considered appropriate
and therefore it is not seen as a necessity to include dwellings within the
commercial 4 land unit.
It is therefore recommended that the above submission be rejected.
The above submissions seek that dwellings or managers accommodation be
provided for within the land unit.
Other submissions to the Plan (i.e. submissions
1266/1 and
1266/2) seek alteration to the definitions of visitor accommodation and
tourist complex to include manager's accommodation. The submissions will be
addressed in the hearing report on Part 14 – Definitions but the matters raised
are relevant to this part of the Plan.
Visitor accommodation is defined in part 14 as follows:
" Visitor accommodation means land or buildings used for the day to
day accommodation of tourists and short-stay visitors away from their normal
place of residence.
It may include shared or centralised services for the tourists or visitors
such as kitchen and dining facilities, toilet and washing facilities, and
recreational and bar facilities.
It includes any of the following:
- motels and hotels
- backpacker lodges
- serviced rental accommodation for visitors that is offered at a daily
tariff or with a pricing structure that is consistent with short stay
accommodation
- timeshare accommodation.
It may include premises licensed under the Sale of Liquor Act 1989.
It does not include any of the following:
- the letting of dwellings
- homestays
- boarding houses and hostels
- camping facilities
- taverns
- restaurants, cafes and other eating places except where these are limited
to the use of people staying in the accommodation and their guests.
It may form part of a tourist complex."
In response to submissions
1266/1 and
1266/2 it is expected that the hearing report of part 14 – definitions will
recommend that the definition of visitor accommodation be amended by inserting a
new fourth paragraph as follows:
"...
It may include premises licensed under the Sale of Liquor Act 1989.
Unless otherwise specified in the Plan, it may include on site
accommodation for a manager and the manager's family.
It does not include any of the following:
..."
Tourist complex is defined in part 14 as follows:
" Tourist complex means land or buildings which are used for the day
to day accommodation of tourists and short-stay visitors away from their normal
place of residence.
It includes visitor accommodation in association with one or more of the
following:
- function facilities
- taverns
- restaurants, cafe and other eating places
- entertainment facilities
without limiting the use of such facilities to people staying in the complex.
It may include premises licensed under the Sale of Liquor Act 1989.
It does not include:
- camping facilities; or
- boarding houses or hostels."
The definition of tourist complex is directly related to the definition of
visitor accommodation. Therefore manager's accommodation will also be provided
for as part of a tourist complex.
The alterations to the definition of visitor accommodation will address part
of the request of submissions
518/20,
753/26,
821/29,
836/17,
1190/25 as it provides for manager's accommodation within the definition of
visitor accommodation.
As discussed in Section 4.3.1 above, it is considered that dwellings should
not be provided fro in the land unit.
It is therefore recommended that the submission above be accepted in part to
the extent that it is met by providing for manager's accommodation within the
land unit. The proposed alteration to the definition of visitor accommodation
satisfactorily provides for managers accommodation and therefore no other
alterations are necessary to give effect to this part of the submission.
4.3.2.3 Submission
1264/4 – exemption for dwellings at 20 Third Ave, Onetangi
The submission seeks a special exemption for dwellings on lots 2-5 (being
subdivision of lot 3 DP 211567, 20 Third Ave, Onetangi) as a controlled
activity.
As discussed in sections 4.3.2.1 and 4.3.2.2 above, dwellings are not
considered suitable for inclusion within the commercial 4 (visitor facilities)
land unit as the primarily focus is to provide for the needs of the tourist
population who visit Waiheke.
Allowing a special exemption for the only part of the land unit which is yet
to be developed does not meet with the objectives and policies outlined in the
land unit which aim to provide for visitor accommodation for tourists and not
permanent accommodation such as dwellings.
It is therefore recommended that the submission is rejected and that no
special exception for dwellings be made within the land unit.
| Planner's recommendations for submissions on dwellings and
manager's accommodation
That submissions 47/1,
81/1,
153/1,
1091/1,
1264/1,
1264/2,
1264/3,
1264/4,
2584/1,
3549/1 be rejected
That submissions
518/20,
753/26,
821/29,
836/17,
1190/25 be accepted in part and that the definition of visitor
accommodation be amended accordingly as outlined in appendix 3 to provide
for manager's accommodation. |
4.4 Submissions about the activity status for visitor accommodation
Submissions dealt with in this section:
2631/2,
2631/3,
2631/5
4.4.1 Decisions requested
Submission
2631/2 requests amendment to the land unit to state that visitor
accommodation is a discretionary activity.
Submission
2631/3 seeks that visitor accommodation within the commercial 4 land unit be
subject to the usual requirements for public notification under sections 93 and
94 of the RMA.
Submission
2631/5 seeks to amend clause 10a.14.3 to state that the visitor
accommodation and tourist complexes are a discretionary activity in commercial 4
to ensure that the adverse effects of such activities, particularly effects on
residential neighbours, can be appropriately avoided, remedied or mitigated.
4.4.2 Planner's analysis and recommendations
The Plan currently allows visitor accommodation within the land unit as a
permitted activity. The majority of buildings existing within the land unit are
used for visitor accommodation and activities associated with a tourist complex
with the exception of 2 houses and an area of vacant land.
It should be noted that the construction of a new building and the exterior
additions and alterations to an existing building are activities which have been
provided for as restricted discretionary within the Plan.
It is considered, therefore, that the alteration of any of the buildings
currently existing within the land unit to visitor accommodation is unlikely to
result in adverse effects on the neighbouring properties as the properties are
already in existence.
If external additions and alterations to existing buildings were proposed,
any adverse effects of these alterations would be addressed in the required
resource consent application.
Likewise, any construction of new buildings on the vacant land is subject
also to a restricted discretionary resource consent and adverse effects of the
construction would be addressed here. Intensity and scale, traffic generation,
noise, cumulative effects and infrastructure constraints etc are all matters for
which Council has reserved its discretion.
Development controls contained within Part 10c of the Plan apply to all
activities, regardless of their activities status and relate to the scale, form
and intensity of buildings and the resulting effects on the environment, as well
as conservation and amenity issues. An infringement to one or more development
controls is a discretionary activity and would therefore require resource
consent.
It is therefore considered that as there has been no inclusion of new areas
within the land unit and that all new buildings and external additions and
alterations require resource consent, it is considered that allowing for visitor
accommodation as a permitted activity within the land unit is acceptable and
changing the status of the activity to discretionary is not required.
It is therefore recommended that submissions
2631/2,
2631/3 and
2631/5 be rejected
| Planner's recommendations relating to visitor
accommodation
That submissions
2631/2,
2631/3 and
2631/5 be rejected. |
4.5 Submissions about the Isola Estate development
Submissions dealt with in this section:
1150/1,
1250/51,
1250/57,
3805/3
4.5.1 Decisions requested
Submission
1150/1 seeks to ring fence the Isola property and re classify it as
Commercial 4
Submission
1250/51 seeks that there be no new commercial 4 sites designated from that
which already exist in the Operative Plan and that there is no expansion of the
current boundaries of the land unit with the exception that land where the Isola
development is located be included.
Submissions
1250/57 and
3805/3 seek to reclassify the land on which the Isola development is
situated as commercial 4 with no additional development opportunity
4.5.2 Planner's analysis and recommendations
The submissions seek that the Isola property be removed from its current
classification within the rural 1 land unit and that it be included in the
commercial 4 (visitor facilities) land unit.
It is noted that resource consent has been granted on the Isola property
(located at 74 and 78 Onetangi Rd) for a 400-seat theatre ('events centre') and
visitor accommodation in the form of a boutique hotel of 52 units. The whole
development would fit within the definition of "tourist complex". The proposal
was initially declined by the Council but received consent on appeal to the
Environment Court on 1st June 2006.
The rural 1 land unit includes special provision for the 'Onetangi Road area'
stretching north along a portion of Onetangi Rd (shown on figure10a.2 in the
Plan). It is recognised that this area of the land unit differs in that it
contains activities that may be considered 'non-rural' in their character, such
as wineries and tourist complexes. The Isola property is located within this
defined area.
Within the 'Onetangi Road area', provision has been made for certain
activities that are not considered appropriate in the rest of the land unit.
These activities are;
- Entertainment facilities
- Function facilities
- Restaurant, café and other eating places
- Tourist complex
- Winery
It is noted that there is a requirement for all buildings within the
'Onetangi Road area' to be set back at least 100m from the road boundary.
All the above activities have been given a discretionary activity status
within the 'Onetangi Rd area'.
It is recognised that there are a number of issues that the Isola Estate
development raises including:
- Its location within the Onetangi Road area and the fact that neighbouring
activities such as wineries and vineyards could benefit from the facilities
provided on the Isola property, particularly the visitor accommodation
facilities.
- The commercial 4 (visitor facilities) land unit is effectively a spot
zoning and contains specific sites that are operated as visitor facilities.
The Isola development could fit into this classification.
- Tourist complex is a discretionary activity in both rural 1 and commercial
4. The development already has consent and therefore any reclassification of
the site has no effect on what is already consented, however the decision
would be relevant for any future applications.
- There are other sites on the island, which are not contained within the
commercial 4 visitor facilities land unit despite providing visitor
accommodation/facilities
- If the property was included in the commercial 4 (visitor facilities) land
unit:
- - dwellings are non-complying
- - visitor accommodation for more than 10 people is permitted
- - wineries are non-complying
- - camping is permitted
- - differences between development controls
- § slightly larger front yard requirement in rural 1,
- § building coverage rural 1 = 500m2 (max. footprint of any one
building is 250m 2) and commercial 4 = 15% net site area
BUT
- - no change to activity status of building/additions & alterations from
rural 1
- - no change to activity status of restaurant, café & other eating places
from rural 1
- - no change to activity status of visitor accommodation for less than 10
from rural 1
- There are a number of submissions which will be addressed in the land
unit report for rural 1 that relate to the Isola property and also the
inclusion of the 'Onetangi Road area' which provides for non-rural activities.
- If tourist complex was made a non-complying activity within rural 1, this
would mean that developments like Isola would be non-complying activities –
this would still allow wineries etc but not the large scale tourist complex
developments such as Isola.
Possible options for addressing this situation are:
- Leave the classification of the Isola property within the rural 1
'Onetangi Road area' and make no alterations to the Plan
- Make tourist complexes a non-complying activity within the rural 1 land
unit to prevent further large tourist complex developments from occurring.
- Reclassify the Isola Estate development to the commercial 4 (visitor
facilities) land unit to recognise the actual use of the land
- Re-evaluate the provision of the 'Onetangi Road area' to address whether
this area is suitable for large scale, non-rural development such as tourist
complexes.
It is considered that these matters can be discussed in more detail at the
hearings for Commercial 4 and Rural 1, among others. Accordingly, no
recommendation has been made at this time.
Planner's recommendations about the Isola Estate development
At this time it is not considered that a recommendation can be made with
respect to the above submissions.
4.6 Submission about reclassification of 15 Anzac Road, Orapiu
Submission dealt with in this section:
1091/2
4.6.1 Decisions requested
Submission
1091/2 seeks to reclassify the flat land and lower adjoining slope parts of
15 Anzac Road, Orapiu (Orapiu lodge) from landform 5 (productive land) to
commercial 4 (visitor facilities)
4.6.2 Planner's analysis and recommendations
Currently the property known as 15 Anzac Road, Orapiu is classified as
commercial 4 (visitor facilities), landform 5 (productive land) and landform 7
(forest and bush areas). Please refer to Appendix 4 for a site plan of the
property.
The property has an established use as a self-catering holiday lodge within
the area classified in the visitor facilities (commercial 4) land unit. The
submission is seeking to reclassify the flat land and lower slope parts of the
property within the commercial 4 land unit to provide for the extension of the
tourist accommodation.
The reclassification on the site involves land currently classified as
landform 5 (productive land). It is noted that visitor accommodation is provided
for as a permitted activity within landform 5 (productive land) for up to 10
people and as a discretionary activity for more than 10 people.
Should the owners of the property wish to extend their current visitor
accommodation facilities into the area currently classified as landform 5, they
could do so through the resource consent process. If the land was reclassified
to commercial 4, visitor accommodation would be a permitted activity.
The purpose of commercial 4 is to provide for larger scale visitor
facilities. It is not clear that larger scale visitor facilities would be
appropriate on the land at 15 Anzac Road, which is currently classified as
landform 5. The submitter may wish to provide further information at the hearing
about the suitability of the land for the purpose of visitor accommodation. This
should include information about the likely effects on amenity of adjacent
residential properties.
It is noted that the Council has received an application for proposed
development of the site, including development and subdivision of the area
subject to this submission.
At this time, it is considered that the landform 5 classification is more
appropriate as it provides for visitor accommodation for more than ten people as
a discretionary activity. This enables the Council to assess any application on
its merits. Accordingly, it is recommended that the submission be rejected.
| Planner's recommendations about the reclassification of 15
Anzac Road, Orapiu
That submission
1091/2 be rejected. |
4.7 Submission about landscaping
Submission dealt with in this section:
1250/52
4.7.1 Decision requested
Submission
1250/52 seeks that the land unit include a reference to landscaping
requirements.
4.7.2 Planner's analysis and recommendations
The submitter seeks that the land unit include reference to landscaping
requirements. It is not clear from the submission exactly what landscaping
requirements the submitter is requesting.
It is noted that the development controls for the land unit do not require
landscaping.
Most of the land unit is already developed for visitor facilities because the
land unit is applied to specific properties on Waiheke that are currently
provide for visitors.
It is recognised that landscaping may be desirable in the front yards of new
development within the commercial 4 (visitor facilities) land unit and it is
noted that this can be achieved when assessing proposed new buildings as
restricted discretionary activities or as resource consent conditions when
restaurants and tourist complexes are established as discretionary activities.
Therefore, due to the limited potential for development within the land unit,
and the requirements for all new buildings to obtain resource consent, it is
considered unnecessary to include specific landscaping requirements within the
land unit and it is recommended that the submission be rejected.
| Planner's recommendations about landscaping
That submission
1250/52 be rejected. |
5.0 Conclusion
This report has considered the decisions requested in submissions lodged
regarding Commercial 4 (visitor facilities) land unit 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
Appendix 4
Site plan – 15 Anzac Road, Orapiu
