District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
Street index |
Planning maps |
Text |
Appendices |
Annexures |
Section 32 material |
Plan modifications |
Help |
Notified - Home |
Decision - Home
Hearing reports index
Commercial 5 (industrial)
| Report to: |
The Hearing Panel |
| Author: |
Deborah Kissick |
| Date: |
23 July 2008 |
| Group file: |
314/274016-005
|
1.0 Introduction
This report considers submissions and further submissions ('submissions')
that were received by the council in relation to Commercial 5 (industrial) 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 5 (industrial). 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 5
(industrial).
"This land unit applies to areas of existing industrial activity in western
Waiheke and is found in Tahi and Erua Roads in Ostend, and Totara Road in
Onetangi. The Tahi and Erua Road industrial area is the largest on the island
and contains the majority of the industrial area.
The characteristics of the land unit are:
- A range of low to medium intensity industrial activities on small to
medium sized sites.
- High levels of landscape modification and limited vegetation.
- Relatively high levels of impervious surfaces on sites (driveways, parking
areas and buildings).
- Flat or a moderate sloped topography.
- Close proximity to residential areas and in some instances recreational
and wetland areas.
Overall, the land unit is important as an employment centre and for servicing
the industrial needs of Waiheke residents and businesses.
The resource management strategy for the land unit is to provide for low to
medium intensity industrial activity while protecting the character and amenity
of surrounding residential and recreation land units."
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in submissions
about Commercial 5 (industrial) 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 5 (industrial)
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 Submissions about the whole Commercial 5 (industrial) land unit
Submissions dealt with in this section:
771/3,
2768/3,
1250/53,
2770/2,
2770/3,
2770/4,
3061/89
4.2.1 Decisions requested
Submissions
771/3,
2768/3 and
2770/4 seek that the Commercial 5 land unit be renamed to "mixed
commercial/residential"
Submission
1250/53 supports the land unit with the provision that there are to be no
new sites classified from that which already exist in the Operative Plan and no
expansion of the current boundaries of the land unit.
Submission
2770/2 seeks to retain the Operative Plan, land unit 15 rules
Submission
2770/3 seeks to retain and promote the original objectives of the operative
plan 7.7.2 with respect to the industrial land unit, so that development
"creates a cultural and social nucleus within a business environment."
Submission
3061/89 seeks that the commercial 5 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.
4.2.2 Planner's analysis and recommendations
4.2.2.1 Submissions
771/3,
2768/3 and
2770/4 rename the land unit
The commercial 5 (industrial) land unit has been created to allow for low to
medium intensity industrial activities at specified locations to service the
needs of Waiheke residents. Industrial activities are considered essential on
Waiheke as they provide for and enhance the social and economic wellbeing of the
community through the employment opportunities created as well as the goods and
products provided by the industries.
It is noted that the request for a name change is related to other subparts
of the overall submissions (
771/1 and
771/1,
2768/1 and
2768/2 and
2770/1) which seek to broaden the range of permitted activities. These
submissions are considered elsewhere in this report (4.4.1, 4.5.2.2 and 4.5.2.4)
where it is recommended that the current range of activities be retained.
Within the commercial 1, 2 and 3 land units, mixed use activities are
provided for, to varying extents and it is considered that these land units
adequately provide for the range of commercial and retail activities necessary
on the island.
It is therefore considered that renaming the land unit to include the wording
"mixed use commercial/residential" is not required as it does not represent the
nature of the land unit. It is recommended that these submissions be rejected.
4.2.2.2 Submission
1250/53 no new sites
It noted that this submission supports the land unit with the provision that
there be no new sites classified as industrial from what already exists in the
Operative Plan and there be no expansion of the boundaries of the land unit.
There are fewer sites within the commercial 5 (industrial) land unit than are
included in land unit 15 in the Operative Plan. This is due to the removal of
the sites on Beatty Parade, which were classified as land unit 15 in the
Operative Plan and have since been placed within the Commercial 3 (local shops)
land unit.
The land unit continues to remain in place for the areas at Totara Road,
Onetangi and Tahi and Erua Roads, Ostend. There has been no alteration to the
extent of the land unit at these areas from the Operative Plan.
It is therefore recommended that this submission be accepted to the extent
that it supports the Plan. No changes to the Plan are required to give effect to
this submission.
4.2.2.3 Submission
2770/2 retain land unit 15 rules
The submission seeks to retain the rules contained in the Operative Plan for
land unit 15 - industrial. The rules contained within part 6.15.4 of the
Operative Plan relating to land unit 15 include; lot yards (for front, rear and
sides), lighting and glare and screening of yards, service and storage areas.
Part 6.15.4 also identifies permitted, controlled and discretionary activities
for land unit 15.
The Operative Plan provides for community facilities, entertainment
facilities, service stations and helipads as discretionary activities. It is
noted that service stations are provided for within the Proposed Plan as a
discretionary activity. However, community facilities, entertainment facilities
and helipads are not provided for within the activity table resulting in both
community facilities and entertainment facilities having a non-complying
activity status within the land unit. It is noted that helipads are provided for
as a discretionary activity in Part 13 of the Plan.
It is considered that community and entertainment facilities are
inappropriate for inclusion within the commercial 5 land unit as they are
against the objectives and policies which seek to provide for low to medium
intensity industrial activities and to exclude activities from the land unit
that are sensitive to the noise which may be created by complying industrial
activities. It is considered that both types of facilities could be sensitive to
noise created by industrial activities within the land unit and it is therefore
considered appropriate to exclude them from the activity table.
Lot yards are addressed in the Proposed Plan under clause 10a.15.6.1 Yards.
The provision for front, side and rear yards are included, however the yards
provisions only apply if the yard is facing an island residential or
recreational land unit.
Lighting and glare rules are contained within the Proposed Plan under Part 4
General Rules and in particular, clause 4.10 refers to lighting. It is
considered that these lighting controls are similar to those contained within
the Operative Plan in that they refer specifically to the Auckland City Council
Consolidated Bylaw. However, the Proposed Plan provides a more detailed
description of the controls.
Screening rules are also included in the Proposed Plan to ensure that any
visual impacts of storage, refuse and parking areas are mitigated. It is
considered that both Plans contain similar requirements for screening although
it is noted that the Proposed Plan provides more detail regarding the
specifications of a screen.
It is therefore considered that the Proposed Plan adequately and accurately
provides rules under which the commercial 5 land unit is governed and the
submission should therefore be rejected.
4.2.2.4 Submission
2770/3 new objective
The submitter seeks to retain and promote the original objectives of the
Operative Plan 7.7.2 with respect to the commercial 5 (industrial) land unit so
that development "creates a cultural and social nucleus within a business
environment."
The objective the submitter is referring to is as follows:
"7.7.2 Objective
To ensure that all land use activities within the policy area enhance visual
amenity values and are managed on the basis of the environmental capacity of the
policy area.
Policies
- By implementing Plan rules for the policy area so that land use activities
do not dominate or detract from visual amenity values.
- By using specific bulk and location rules for the policy area so that the
scale and intensity of development reflects the natural and physical character
of the area and creates a cultural and social nucleus within a business
environment.
- By ensuring that public space opportunities and the use of reserve areas
within the policy area protect and enhance amenity values and facilitate
access to and from the coastal environment.
- By managing land use activities so that the proximity to the coastal
environment is recognised and wildlife habitats and ecosystems are protected
and an adequate water quality is maintained.
- By recognising the value and contribution of Okahuiti Creek, estuarine and
wetland areas for wildlife and recreation and providing for their protection
and management."
This objective in the Operative Plan applied to policy area 7
Okahuiti-Ostend-Tahi which encompassed the Tahi Road industrial area (land unit
15) and also includes land which is classified with a range of different land
units in the Operative Plan. In the Proposed Plan, land previously included
within the policy area 7 is classified as recreation 1 and 2, commercial 2,
island residential 1 and 2 and commercial 5.
It is considered that the Operative Plan was not referring specifically to
Tahi Road alone as creating a "cultural and social nucleus within a business
environment" but the policy area as a whole.
The commercial 5 (industrial) land unit is based around areas that are almost
exclusively used for industrial activities and therefore the wording of this
objective is not relevant.
It is therefore recommended that the submission be rejected and no further
objectives be added to the commercial 5 (industrial) land unit.
4.2.2.5 Submission
3061/89 maintain island character and scale.
The provisions under clause 10a.15 commercial 5 (industrial) identify the
characteristics of the industrial land unit as being a range of low to medium
intensity industrial activities on small to medium sized sites. The objectives
and policies within this part seek to provide for activities, which are
essential in servicing the needs of the Waiheke community.
It is recognised that the areas contained in the land unit are located in
close proximity to residential areas and, in some instances, recreational and
wetland areas. It is therefore important to ensure that any adverse
environmental effects on adjoining land units are avoided or mitigated.
It is considered that the land unit rules together with development controls
elsewhere in the Plan, provide for a level of industrial development which is
appropriate to the island character and scale.
The submission is not particularly clear and the submitter is encouraged to
attend the hearing to expand on this submission. At this stage it is not
possible to analyse the submission further and it is recommended that the
submission be rejected.
| Planner's recommendations for submissions about commercial
5 (industrial) as a whole
That submission
1250/53 be accepted with no alterations required to the Plan in order to
give effect to this submission.
That submissions
771/3,
2768/3,
2770/2,
2770/4, and
3061/89 be rejected. |
4.3 Submission about the reclassification of part of 57-59 Sea View Road,
Ostend
Submission dealt with in this section:
2204/1
4.3.1 Decisions requested
The submission seeks that part of the property at 57-59 Seaview Road is
reclassified from island residential 1 (traditional residential) to commercial 5
(industrial).
4.3.2 Planner's analysis and recommendations
Submission
2204/1 reclassification of 57-59 Sea View Road, Ostend
The submitter seeks alteration to the boundary of the commercial 5
(industrial) land unit at the above property and suggests that the current
classification of their land does not recognise the need for additional
industrial land on Waiheke.
It is noted that the property is subject to a site of ecological
significance, which recognises the area as being a former wetland, dominated by
raupo with a small area of cabbage tree forest which has almost disappeared from
the inner gulf islands.
The location of the site is directly between island residential 1
(traditional residential) recreation 2 (community facilities and sports parks)
and the commercial 5 (industrial) land unit. See site plan of subject property
(Appendix 4)
It is considered that the current area for industrial activities on the
island is of an appropriate scale and character to provide for the needs of
island residents. Due to the proximity of the site to areas of island
residential 1, it is not appropriate to alter the boundary of land units within
the site and it is recommended that the submission be rejected.
| Planner's recommendations for submission about the
reclassification of 57-59 Sea View Road
That submission
2204/1 be rejected. |
4.4 Submission about clause 10a.15.3.1
Submissions dealt with in this section:
2770/1
4.4.1 Decisions requested
Submission
2770/1 seeks that clause 10a.15.3.1 is rewritten as follows:
"Objective:
To provide for and protect a diverse mix of commercial, residential,
industrial, retail and community activities (as non-exclusionary and
non-proscriptive list) to maintain the exceptional social, cultural and economic
values of the area to the established community inside and outside the Land
Unit.
Policies
- By retaining the existing range of controls of all uses.
- By including all existing uses as permitted activities."
4.4.2 Planner's analysis and recommendations
4.4.2.1 Submission
2770/1
Clause 10a.15.3.1 in the Plan states:
"Objective
To provide for and protect low to medium intensity industrial activity.
Policies
- By providing for a range of industrial uses as permitted activities in the
land unit
- By excluding activities from the land unit that are sensitive to the noise
which may be created by complying industrial activities"
The submitter's suggestion that the objective refer to a diverse mix of
commercial, residential, industrial, retail and community activities is not
supported. It is considered that industrial activity is most suitable for the
commercial 5 land unit. Providing for mixed uses within the land unit would
result in reverse sensitivity matters that the Council would need to be mindful
of when considering applications for resource consent.
The principle of reverse sensitivity is where an existing (and lawful)
activity produces effects that a new activity regards as objectionable. These
effects can range from noise, odour, scale, location etc and can vary in degree
depending on the nature of the activity.
Mixed uses are provided for in the commercial 1 and commercial 2 land units
of Oneroa and Ostend. As these are the main 'villages' on Waiheke, it is
considered that suitable allowance has been made for commercial, retail,
residential and community facilities in appropriate locations.
The nature of industrial activities mean that they generally result in
greater adverse effects on surrounding areas than other activities and
therefore, a confined location is key to ensuring that these effects are
contained within a manageable area. It is therefore important to provide for
and protect industrial activities within their own land unit. As such the
submission suggesting the inclusion of commercial, residential, retail and
community activities within the industrial land unit should be rejected.
| Planner's recommendations for submissions about clause
10a.15.3.1
That submission
2770/1 be rejected. |
4.5 Submissions about clause 10a.15.5 activity table
Submissions dealt with in this section:
295/1,
537/7,
594/1,
771/1,
771/2,
787/1,
788/1,
1030/1,
1329/1,
2569/1,
2569/2,
2768/1,
2768/2
4.5.1 Decisions requested
Submission
537/7 seeks to include Emergency Services Facilities as a permitted activity
within the land unit.
Submissions
295/1,
594/1,
771/1,
787/1,
788/1,
1030/1,
2768/1,
2569/1,
2569/2 seek to include dwellings and offices as permitted or restricted
discretionary activities within the land unit.
Submission
1329/1 seeks that the construction and alteration of buildings within the
limitations of the development controls to be provided as a permitted activity.
Submissions
771/2 and
2768/2 seeks that prescriptive or dictated activities are removed from the
activity table and that the activities be assessing according to objectives and
policies, generally defaulting to permitted activities with discretionary
activities only to be listed.
4.5.2 Planner's analysis and recommendations
4.5.2.1 Submission
537/7 emergency services facilities
It is acknowledged that the Plan in general (as well as commercial 5 in
particular) 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.
It is recommended that a separate definition for emergency service facilities
be added to part 14 of the Plan. 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 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 for commercial 5.
In commercial 5, the council should restrict its discretion to considering
the following matters:
- access for emergency vehicles
- noise
- the reverse sensitivity [1]
effect of the activity on existing industrial activities
The submitters seek to include dwellings and offices as permitted or
restricted discretionary activities within the land unit.
Currently neither dwellings nor offices are provided for within the activity
table (clause 10a.15.5) and therefore the status of these activities defaults to
non-complying as per clause 4.2 of the Plan.
The commercial 5 land unit is characterised as a mix of low to medium
intensity industrial activities and is important to the island as an area for
employment and for servicing the industrial needs of Waiheke residents and
businesses. It is located in close proximity to residential, recreational and
wetland areas.
It is recognised that the effects of industrial activities can impact greatly
on the amenity of surrounding environments and it is therefore considered
necessary, in order to minimise these effects, to contain such industrial
activities within a specially defined area.
Allowing dwellings and offices within areas classified as commercial 5
(industrial) could result in the area evolving from a range of industrial
activities, to a wide variety of different activities. This mix of uses could
eventually dissolve the defined area set aside for industrial activities and
issues of reverse sensitivity would occur.
It is recognised that an industrial activity could include an ancillary
office, which forms an integral part of the operation of the activity. This is
considered suitable, however it is the primary use of properties within the
commercial 5 (industrial) land unit for offices and residential dwellings where
issues of reverse sensitivity may arise.
It is recognised that dwellings and offices have higher expectation of
amenity values from their surrounding environment than industrial activities. It
is noted in the introduction of the land unit that the landscape in the area is
highly modified and contains limited vegetation and it is considered that
vegetation is a key component is providing visual amenity.
It is therefore considered that allowing residential dwellings and offices
within the commercial 5 (industrial) land unit is inappropriate and the
submissions should be rejected.
4.5.2.3 Submission
1329/1 - construction and alteration of buildings.
The submission requests that the construction and alteration of buildings
within the limitations of the development controls are to be provided for as a
permitted activity within the activity table 10a.15.5.
Clause 4.3 sets out the relationship between buildings and other activities.
However, it is acknowledged that this clause is somewhat confusing. It is timely
to note here that the hearing report of Part 4 general rules recommend that
significant alteration be made to clause 4.3 as follows;
"4.3 Relationship between buildings and other activities 4.3
Construction, relocation, alteration and additions to buildings
1.Unless an activity table specifically provides otherwise, an activity
listed in an activity table includes:
a. The construction and relocation of buildings used for the activity, and
the construction and/or relocation has the same status as the activity for which
the building will be used; and
b. Alterations and additions to the exterior of existing buildings used
for the activity, and the alterations and/or additions have same status as the
activity for which the building will be used .
Rule 1 is subject to the following:
a. Where a building will be used for an activity not listed in an activity
table, the construction and/or relocation of the building, or alteration and/or
addition to the exterior of the building are non-complying activities (in
accordance with clause 4.2).
b a Minor alterations and additions (as defined in part 14 -
Definitions) to the exterior of existing buildings is a permitted activity in
all land units and settlement areas.
c b An activity table may specifically provide for the activities of
constructing or relocating buildings, or undertaking exterior alterations and
additions to existing buildings, as separate from the activity of using
buildings for any other permitted activities listed in the table. Therefore, in
those cases, even when an activity is permitted in the table, a resource consent
may still be required for any construction or relocation of, or any exterior
alteration or addition to, the building used for the activity."
The Part 4 hearing report also acknowledged the need for consequential
amendments to the activity tables in the land units and settlement areas.
It is considered that in keeping with the changes proposed for the general
rules part of the Plan, amendments should be made to the activity table
10a.15.5, to identify that the construction of new buildings and the alteration
and addition to existing buildings are permitted activities within this land
unit.
It is therefore recommended that the submission requesting that these
activities be treated as a permitted activity within the land unit be accepted
in part and that the activity table be amended accordingly. The amendments are
detailed in appendix 3.
4.5.2.4 Submissions
771/2 and
2768/2 permitted activities
The submissions seek that the activity list is formulated having regard to
the objectives and policies of the land unit and that activities should
generally default to permitted activities.
The activity table of the land unit is as follows:
| Activities |
Status |
| Boarding kennels and catteries |
D |
| Funeral parlour |
P |
| Industry |
P |
| Motor vehicle sales |
P |
| Motor vehicle services |
P |
| Refuse transfer station |
D |
| Restaurant, cafe and other eating places |
RD |
| Retail premises |
P |
| Service station |
D |
| Winery |
D |
The activities contained within the activity table 10a.15.5 have been
carefully considered for their suitability for inclusion within the land unit.
Any activities not included in the activity table are, as stated in clause 4.2
of the Plan, treated as non-complying activities.
The submitter's suggestion of allowing activities to generally default to a
permitted status within the land unit is not recommended as it may result in
some activities with adverse effects defaulting to the permitted status.
Permitted activities are activities that are considered appropriate on all
sites within the land unit. Due to potential adverse effects, some activities
are not considered suitable on all sites and therefore the activity status is
altered to reflect this.
It is noted that there has been a change in approach between the Operative
and Proposed Plan in terms of the way activities are listed in land units. The
approach of the Operative Plan to the status of activities is, in general, to
state in each land unit that an activity that complies with the standards in
part 6B of the Plan is permitted unless it is otherwise provided for in the
rules for the particular land unit as a controlled, discretionary or prohibited
activity. The activities which have been identified for a particular land unit
as having the potential to generate adverse effects which need to be
specifically addressed are identified as either controlled or discretionary
activities. There is also a general rule in part 2.2 of the Operative Plan
stating that an activity, which contravenes a rule in the Plan, but is not a
prohibited activity, is a non-complying activity.
A number of difficulties have been identified with the Operative Plan
including:
- Some performance standards are inadequate, and in some cases, ultra
vires [2] . This results in an
inadequate basis for determining whether or not an activity not otherwise
listed is permitted.
- There are relatively few activities listed in the land units as controlled
or discretionary. Sometimes activities with potentially adverse effects
qualify as permitted while activities with lesser effects require a consent.
- The approach does not recognise the value of grouping or separating
certain types of activities. For example, there are good resource management
reasons for separating residential activities from industrial and commercial
activities.
- The approach relies too heavily on performance standards and gives little
indication about the activities considered suitable (i.e. permitted) for each
land unit or policy area.
- Those activities which are listed as controlled or discretionary are
sometimes poorly defined in part 11 - Definitions, of the Plan.
It is considered that the Proposed Plan has satisfactorily addressed these
difficulties without unduly creating other complexities. The approach taken
through the Proposed Plan is to list specific activities as either permitted,
restricted discretionary or discretionary in particular locations. The general
rule contained in clause 4.2 applies a non-complying status to activities not
otherwise provided for as permitted, controlled, restricted discretionary, or
discretionary. The Plan also includes development controls, which apply to all
activities.
It is recognised that the two Plans are quite different in their approach to
activities within the commercial 5 land unit. It is also recognised that people
who are used to the Operative Plan may find the approach in the Proposed Plan
intimidating but it is considered that the approach of the Proposed Plan sets
out clearly what activities are considered appropriate for inclusion within the
land unit.
It is considered that the status of the activities within the activity table
should remain as listed, unless specifically altered elsewhere in the report and
therefore, the submissions are rejected.
| Planner's recommendations for submissions about clause
10a.15.5
That submissions
295/1,
594/1,
771/1,
771/2,
787/1,
788/1,
1030/1,
2768/1,
2768/2,
2769/1,
2569/2 be rejected
That submissions
537/7 and
1329/1 be accepted in part and the Plan be amended accordingly, as set
out in appendix 3, to provide for emergency services facilities and the
construction and relocation of buildings and alterations and additions to
the exterior of existing buildings. |
4.6 Submissions about clause 10a.15.6 Rules development controls
Submissions dealt with in this section:
518/21,
753/27,
821/30,
1250/54
4.6.1 Decisions requested
Submissions
518/21 ,
753/27 and
821/30 seek that within the commercial 5 land unit, winery making facilities
are only require a 1.5m yard not a 3m yard.
Submission
1250/54 seeks that the planting of indigenous vegetation should be required
to buffer the appearance of any solid wall or fence in the commercial 5 land
unit from public view e.g. roads (screening, clause 10a.15.6.2)
4.6.2 Planner's analysis and recommendations
4.6.2.1 Submissions
518/21,
753/27 and
821/30 yard requirements for wineries
The submissions request that winery making facilities should only be required
to provide a 1.5m yard instead of a 3m yard within the commercial 5 (industrial)
land unit.
It is assumed for the purpose of this report that the submitters refer to
'winery facilities' and not 'winery making facilities' as stated in the
submission. Winery is listed as a discretionary activity in commercial 5.
It is also not clear whether the submissions are requesting that each yard,
whether it is a front, side or rear yard, be only 1.5m. It is assumed for the
purpose of this report that the submissions refer to all types of yards.
Clause 10a.15.6.1 of the Plan requires a 3m minimum for front, side and rear
yards where the boundary of the commercial 5 sites faces an island residential
or recreation land unit. If this is not the case, no yard is required. When a
yard is required, it must be landscaped and must not contain any parking or
manoeuvring areas.
It is considered that yard allowance is an important tool for protecting the
amenity of facing or adjoining residential and recreational land units. A winery
has the same potential for adverse effects as any other building within the land
unit. It therefore it is recommended that the submission be rejected and that
the yard requirements be retained. Any reduction of the yard requirements can be
considered on its merits as a discretionary activity under clause 10c.3.1.
4.6.2.2 Submission
1250/54 - screening
The above submission seeks to retain clause 10a.15.6.2 relating to the
screening of outdoor storage, refuse disposal areas, service or parking areas
that adjoin or directly face a road or land that is classified as an island
residential or recreational land unit. The submission seeks to include that
screening from indigenous plants be required in order to buffer the appearance
of any wall or fence erected for screening purposes.
Screening within this land unit can either be by way of a solid wall or fence
not less than 1.8m in height or a densely planted indigenous vegetation which is
capable of reaching a height of 1.8m. It is considered that the option provided
allows for site suitability and personal preference to be considered in cases
where screening is required.
It is considered that to require vegetative screening, in addition to a solid
wall or fence structure, would be unduly onerous on the landowner and
unnecessary in order to achieve the purpose of the screening rule. It is
therefore recommended that submission
1250/54 be rejected.
5.0 Conclusion
This report has considered the decisions requested in submissions lodged
regarding commercial 5 (industrial) 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 57-59 Sea View Road, Ostend
[1] The principle of
reverse sensitivity is where an existing (and lawful) activity produces effects
that a new activity regards as objectionable.
[2] Ultra vires:
beyond the scope or in excess of legal power or authority
