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District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Summary report on submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006

Topic:	Landform 3 (alluvial flats) land unit
Report to:	The Hearing Panel
Author:	Deborah Kissick
Date:	27 August 2008
Group file:	314/274014-003

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to the landform 3 (alluvial flats) land unit 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 landform 3 (alluvial flats) land unit. 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:
1. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1).
The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
4. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

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

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

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

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

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

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

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

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

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

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

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

(iii) the maintenance of indigenous biological diversity:

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

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

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

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

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with the landform 3 (alluvial flats) land unit.

Clause 10a.4.1 describes the land unit as follows:

"This land unit is applied to low-lying pasture land that is often located near dune systems and sand flats and wetland systems.

Alluvial flats is characterised by:

Low-lying land with pasture as the main vegetation cover.
Pastoral farming and horticultural activities that use the high productive capability of the alluvial soil. These are often of a smaller scale than the productive activities occurring within other land units.
The character and amenity associated with a rural landscape.
High water tables and various water bodies such as streams and wetlands.
A working landscape with various built elements such as farm buildings, houses and drainage systems.

Overall, alluvial flats provides for small scale rural activities which contribute to the lifestyle, economy and identity of the islands."

Clause 10a.4.4 sets out the following strategy for the land unit:

"The resource management strategy is to provide for productive activities, such as pastoral farming and horticulture, so that these activities can continue to contribute to the economy, the lifestyle and the identity of the islands.

The smaller minimum site size in this land unit recognises that moderate to large scale farming operations may not always be viable in the islands, and as such, landowners may need to diversify into a wider range of productive activities, including those which do not require large sites.

A limited range of non-productive activities is also provided for, subject to ensuring that the rural character of the landscape and general amenity values of the area are maintained. Provision for such activities is appropriate given that the income from productive activities may need to be supplemented and as the majority of this land unit is located near settlement areas.

Visitor accommodation for up to 10 people is provided for as a permitted activity. Visitor accommodation for more than 10 people is a discretionary activity so that adverse effects on the rural character of the landscape and general amenity values of the locality can be assessed.

The flooding issues associated with the land unit will be managed through rules inpart 8 - Natural hazards. This may mean that while buildings are provided for in these land unit rules, they may not be provided for under the natural hazard rules."

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about the landform 3 (alluvial flats) land unit 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 landform 3 (alluvial flats) land unit 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.

This report will deal with the text relating to the landform 3 (alluvial flats) land unit and the landforms 1-7 (general) report will consider any requests for land to be reclassified from or to landform3.

4.2 General submission about landform 3 (alluvial flats)

Submission dealt with in this section: 3061/62

4.2.1 Decisions requested

Submission 3061/62 states that clause 10a.4 lacks reference to HGMPA and the impact of activities in this type of location (alluvial flats), especially pastoral farming on catchments and adjacent marine environments/ecosystems.

4.2.2 Planner's analysis and recommendations

Section 9(3) of HGMPA requires the council to ensure that:

"...any part of a district plan that applies to the Hauraki Gulf, its island, and catchments, does not conflict with section 7 and 8 of this Act."

Section 10 of the HGMPA requires sections 7 and 8 of this Act to be treated as a New Zealand Coastal Policy Statement ('NZCPS'). Under section 75(3) of the RMA, a district plan must give effect to any NZCPS.

Sections 7 and 8 of HGMPA read as follows:

"7. Recognition of national significance of Hauraki Gulf

(1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.

(2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity�

(a) to provide for�

(i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and

(ii) the social, economic, recreational, and cultural well-being of people and communities:

(b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation:

8. Management of Hauraki Gulf

To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are�

(a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:

(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

(c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:

(d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:

(e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:

(f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand."

The resource management overview of the Plan, and in particular clause 2.3.2, recognise the importance of HGMPA. It is considered that the interrelationship between the Hauraki Gulf, its island, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Gulf and its islands are recognised as matters of national significance by HGMPA and by the Plan.

Although there is no specific mention to HGMPA within the landform 3 (alluvial flats) land unit, the requirements of the Act have been addressed and considered in the formation of the land unit.

Clause 10a.4.2, refers to the significant resource management issues the land unit needs to address. These include:

"1. How to provide for productive activities, such as pastoral farming and horticulture, to establish and operate within in the land unit.

2. How to recognise that productive activities may need to be complemented by non-productive activities to ensure that a reasonable economic return for the landowner is achieved.

3. How to control the potential adverse effects of non-productive activities so that the rural character of the landscape and the general amenity of the area is maintained.

4. How to manage the flooding which results from the high water tables associated with the land unit."

It is considered that the protection of the rural character of the land unit will ensure that the amenity values of the areas are maintained and enhanced and that the provision of productive activities, and any complementary non-productive activities, efficiently contributes to the economic and social wellbeing of the community. This relates specifically to requirements of both the RMA and HGMPA.

It is considered that specific reference to HGMPA is not necessary within the land unit.

The impact of activities in this land unit, such as pastoral farming on catchments and adjacent marine environments is a matter that is also dealt with by the Auckland Regional Council (ARC) through the regional plan. It should be noted however, that the Plan also gives effect to the New Zealand Coastal Policy Statement by ensuring that only appropriate development occurs within the land unit. This is achieved by restricting the activities that can be undertaken within the land unit and by controlling the size of buildings, vegetation clearance, earthworks and by coastal, wetland and water body protection yards.

It is therefore recommended that submission 3061/62 be rejected.

Planner's recommendations for the general submission about landform 3 (alluvial flats)

That submission 3061/62 be rejected.

4.3 Submissions about the introduction, resource management issues and the objective of the land unit

Submissions dealt with in this section: 1093/22, 1093/23, 1093/24, 3048/1

4.3.1 Decisions requested

Submission 1093/22 seeks to retain clause 10a.4.1 as currently worded.

Submission 1093/23 seeks to retain clause 10a.4.2 as currently worded, with an amendment to substitute "ancillary activities" for "non-productive activities" throughout.

Submission 1093/24 seeks to retain clause 10a.4.3 as currently worded, with an amendment to substitute "ancillary activities" for "non-productive activities" throughout.

Submission 3048/1 seeks an additional policy to clause 10a.4.3 such as:

"4. By recognising the former wetland status of many alluvial flats and ensuring that the scale, nature and location of activities do not have adverse effects on surface and sub-surface water movements or storage."

4.3.2 Planner's analysis and recommendations

4.3.2.1 Submission 1093/22 � introductory statement

It is recommended that the submission be accepted as it supports the introductory statement, which describes the land unit.

4.3.2.2 Submission 1093/23 � non-productive vs. ancillary activities � clause 10a.4.2

The submitter (NZ Winegrowers) generally supports the provisions of clause 10a.4.2 in that it recognises due to the scale of the productive activities within the land unit, provision for a limited range of non-productive activities is appropriate for inclusion within the land unit, given that the income from productive activities may need to be supplemented.

The submitter suggests that the wording "non-productive" used in this clause is inappropriate as it is not defined in the Plan and instead seek that this wording is replaced with "ancillary activities".

Part 14 of the Plan defines ancillary activities as:

"Ancillary activities means an activity which meets all of the following:

It is located on the same site as the primary activity which is permitted on that site.
It is incidental to the primary activity.
It serves a supportive function to the primary activity."

It is noted that clause 10a.4.2(2) specifically acknowledges that there may be a need to allow for productive activities to be "complemented" by non-productive activities. This indicates that the provision for non-productive activities would be secondary to the productive use of the land and therefore falls within the definition of ancillary activities within the Plan.

The activities provided for in clause 10a.4.5 are not all considered ancillary activities to productive uses. It is considered however that all the activities provided for within the activity table are appropriate for inclusion, to varying extents, in the land unit. It is therefore considered that use of the word 'ancillary' would not accommodate all the activities suitable for inclusion within the land unit.

It is recommended that the submission be rejected.

4.3.2.3 Submission 1092/24 � non-productive vs. ancillary activities � clause 10a.4.3

The submitter seeks similar relief to that of 4.3.2.2 above in that the wording "non-productive" used in this clause is inappropriate as it is not defined in the Plan and instead seek that this wording is replaced with "ancillary activities".

Currently clause 10a.4.3 of the land unit states:

"10a.4.3 Objective

To provide for smaller scale productive activities and a limited range of non-productive activities where they do not detract from the rural character of the landscape or the general amenity of the locality.

Policies

By providing for productive activities, such as pastoral farming and horticulture, to establish and operate in the land unit.
By requiring new sites to be of a size and nature that ensures smaller scale rural activities can occur and which maintains the rural character of the landscape.
By ensuring that the scale, nature and location of non - productive activities will not have adverse effects on the rural character of the landscape or the general amenity of the locality."

The reference to non-productive activities is intended to cover all the listed activities in 10a.4.5 which are not productive i.e. activities that are not pastoral farming, horticulture or forestry. It is not considered that all the other activities provided for within the land unit could be considered ancillary to a productive use, for example, accommodation for retired, elderly or disabled people.

It is therefore considered suitable to retain the current wording of the objective in order to provide for all listed non-productive activities and not just those which could be considered ancillary to productive land uses.

It is therefore recommended that the submission be rejected.

4.3.2.4 Submission 3048/1 � further policy needed

Submission 3048/1 seeks an additional policy to clause 10a.4.3 such as:

The submitter's concerns relate primarily to Great Barrier i.e. the alluvial flats in Medlands, Kaitoke, Awana & some of Whangapoua.

Currently clause 10a.4.3 reads:

"10a.4.3 Objective

Policies

By providing for productive activities, such as pastoral farming and horticulture, to establish and operate in the land unit.
By requiring new sites to be of a size and nature that ensures smaller scale rural activities can occur and which maintains the rural character of the landscape.
By ensuring that the scale, nature and location of non-productive activities will not have adverse effects on the rural character of the landscape or the general amenity of the locality."

It is agreed with the submitter that the issues of flooding and water table is raised in the introductory statement of the land unit and that these are not followed through in the objectives and policies for the land unit.

It is recognised that consideration needs to be given to these matters and could incorporate the suggestions from the submitter. Further investigation is required on this matter and therefore, at this time, it is not considered that a recommendation can be made regarding this submission.

Planner's recommendations about submissions relating to the introduction, resource management issues and the objective of the land unit

At this time it is not considered that a recommendation can be made with respect to submission 3048/1.

That submission 1093/22 and be accepted and with no amendments required to give effect to this submission.

That submissions 1093/23, 1093/24 and 3048/1 be rejected.

4.4 Submissions about clause 10a.4.5 Rules � activity table, clause 10a.4.6 Rules � standards and terms for multiple dwellings and clause 10a.4.7 Rules � development controls.

Submissions dealt with in this section: 60/1, 254/1, 512/3, 1069/1, 1078/1, 1089/1, 1093/26, 1250/20, 1250/21, 1524/1, 1524/3, 1528/4, 1531/1, 1538/1, 1543/4, 1524/2, 1547/1, 1547/2, 1547/3, 2554/5, 3045/3

4.4.1 Decisions requested

Submission 60/1 seeks that community facility be added to the activity table as a permitted or discretionary activity.

Submission 254/1 seeks that home use firewood harvesting of kanuka/manuka, of an unrestricted size be included in the activity table as a permitted activity.

Submissions 512/3, 1524/3, 1547/3, 1531/1, 1538/1, 2554/5 seeks that multiple dwellings be provided for as a permitted activity within the land unit.

Submission 1069/1 seeks that education facilities be provided for as a permitted activity within the land unit.

Submission 1089/1 seeks to amend clause 10a.4.7 to include an exemption for education facilities from the development controls contained in part 10c.

Submission 1078/1 seeks that offices and community centres be provided for as a permitted activity within the land unit

Submission 1093/26 seeks to amend the activity table to retain horticulture as a permitted activity and provide for a winery as a permitted or controlled activity.

Submission 1250/20 seeks to retain clause 10a.4 with amendment to the permitted activity status of visitor accommodation for up to 10 people to discretionary.

Submission 1250/21 seeks that the status of visitor accommodation for up to 10 people be amended to a discretionary activity.

Submissions 1524/1, 1528/4, 1543/4, 1547/1 seek to provide for commercial firewood harvesting as a permitted activity within the land unit.

Submissions 1524/2, 1547/2 seek to provide for forestry as a permitted activity within the land unit.

Submission 3045/3 seeks to provide for goat farming as a discretionary activity within the land unit.

4.4.2 Planner's analysis and recommendations

4.4.2.1 Submission 60/1 � community facilities

Community facilities are defined in Part 14 of the Plan as:

"Community facilities means land or buildings used for community or public use and run on a not-for-profit basis.

It includes places used for the gathering of people for recreation, worship, cultural and spiritual instruction and deliberation, public halls and libraries.

It does not include any of the following:

entertainment facilities
healthcare services
restaurants, cafes and other eating places."

Its is noted that the submitter (Aotea (Great Barrier Island) Housing Trust) seeks to include community facilities within the land unit in order to provide for a not-for profit affordable housing village (eco-housing) on available land. It is considered that this activity would not be classified as a 'community facility' but instead would fall within the definition of multiple dwelling.

Multiple dwelling is defined in Part 14 of the Plan as:

"Multiple dwellings means more than one dwelling on a site."

The matter of multiple dwellings within the land unit will follow later in this report (section 4.4.2.3), however at this time, it is important to address the specific request of the submission for an alteration to the status of community facilities.

The policies for the land unit seek to limit the non-productive activities that occur within the land unit to ensure that the rural use and character of the landscape is maintained.

Inclusion of community facilities as a permitted activity could compromise the rural character of the land unit and result in development and uses of the land that could adversely affect surrounding rural land uses. Provision is made for community facilities within various other land units in the Plan where it is considered that the location for such facilities is appropriate.

The settlement areas on Great Barrier have been identified as the best locations for residential, commercial and community facilities. Intensification of development in these areas allows for the integrity of the rural landforms to be protected.

It is therefore recommended that the submission be rejected and that community facilities retain the status of non-complying activity within the land unit.

4.4.2.2 Submission 254/1 � domestic firewood harvesting

It is recognised that the Plan does not currently make specific allowance for domestic firewood harvesting and it is considered that this activity could be more appropriately provided for. It is noted however that the Plan does permit the removal of Kanuka of up to 6m in height on Great Barrier.

It is considered important to include a definition of the activity to outline what is intended by domestic firewood harvesting. The following definition could be appropriate:

"Domestic firewood harvesting

Means the harvesting of any species of vegetation for the purpose of domestic firewood.

It does not include other activities associated with the milling or processing of trees or the sale of firewood."

This definition should be included in part 14 � Definitions, of the Plan.

It is considered that both Waiheke and Great Barrier have needs for domestic firewood harvesting, although it is recognised that the residents on Great Barrier are more reliant on firewood as a source of home heating, water heating and cooking.

It is recognised that the vegetation controls on Waiheke and Great Barrier are also different. There are no exotic species vegetation controls on Great Barrier, while on Waiheke, any exotic tree over 8m in height or 800mm girth is protected. Indigenous vegetation is also treated differently on the two islands. On Great Barrier it is a permitted activity to remove kanuka of up to 6m while it is only permitted to remove kanuka and manuka of up to 3m on Waiheke. It is therefore considered that separate provisions must be made for domestic firewood harvesting on each island.

It is considered that domestic firewood harvesting should be included in all the landform land units where dwellings are provided for to ensure that all landowner can meet their domestic firewood needs. It is therefore necessary to provide for domestic firewood harvesting as a permitted activity in the following land units:

landform 2 (sand flats area only)
landform 3 (alluvial flats)
landform 5 (productive land)
landform 6 (regenerating slopes)
landform 7 (forest and bush areas)

It is also considered important to ensure that only the required amount of firewood is obtained by landowners each year. It is considered that 5m ³ of firewood will adequately provide for the domestic firewood needs of any dwelling. It is therefore recommended that this amount be provided as a permitted activity, per site, over a 12 month (January to December) period.

It is suggested that the following standards and terms be inserted into each land unit where domestic harvesting will be provided for:

Rules � standards and terms for domestic firewood harvesting

Domestic firewood harvesting will only be considered as a permitted activity where all of the following standards are met.

1. No more than 5m ³ of firewood is harvested per site, per 12 month (January to December) period is generated.

2. For Waiheke, indigenous vegetation up to 3m in height and exotic vegetation up to 8m in height is used.

3. For Great Barrier, indigenous vegetation up to 6m in height is used. Exotic vegetation can be used for domestic firewood on an 'unlimited basis' (i.e. there are no restrictions on height or volume)

Proposals which do not meet these standards are a discretionary activity.

It is also suggested that a note be included below the activity tables for landforms 2 (sand flats area only), 3 (alluvial flats), 5 (productive land), 6 (regenerating slopes) and 7 (forest and bush areas) to confirm that domestic firewood harvesting "is not expected to comply with the vegetation clearance controls set out in part 10c � Development controls for land units and settlement areas".

Assessment criteria will be required in part 11, in particular, under clause 11.3.2. This criteria will be used for assessing proposals which are discretionary because they do not meet the standards and terms listed above. It is recommended that the following assessment criteria be applied to an application for domestic firewood harvesting:

The extent to which the proposed activity will adversely effect the natural environment
Whether the proposed activity affects natural habitats and ecological values
Whether the proposed activity affects visual and amenity values
Whether any mitigation measures have been included in the application such as replanting elsewhere on the property
Whether there are species listed in appendix 6 � list of threatened and unusual plant and animal species located within or adjacent to the area subject to the activity
Whether the proposed activity is likely to result in subsidence or erosion
Whether the applicant can display a need for the quantity proposed

4.4.2.3 Submissions 512/3, 1531/1, 1538/1, 1524/3, 1547/3, 2554/5 � multiple dwellings

The submitters seek amendment to the activity table to allow for multiple dwellings as a permitted or controlled activity within the land unit.

Multiple dwellings are currently provided for as a discretionary activity within the land unit. Clause 10a.4.6 outlines the standards and terms, which must be met when considering multiple dwellings as a discretionary activity.

The intention of the standards and terms for multiple dwellings is that it does not allow the construction of any more dwellings than would be permitted if the site were subdivided in accordance with the rules in part 12 of the Plan.

Providing for more than one dwelling per site in the landform 3 (alluvial flats) is likely to lead to subsequent pressure for subdivision as separate titles are sought for each dwelling. It is for this reason that, in general, the multiple dwelling provisions seek to ensure that no more dwellings are provided for than would occur if the site were subdivided in accordance with the minimum site areas set out in table 12.1 and one dwelling was located on each site.

It is noted that visitor accommodation, for up to 10 people, is provided for as a permitted activity and it is acknowledged that the difference between the effects of the use of visitor accommodation and of a dwelling are not easily discernible. It is also noted however, that the Plan provides for visitor accommodation to allow property owners to develop an alternative income source and also in recognition of the need to provide a range of types of accommodation for tourists as they are a key contributor to the economy of the islands.

The submitter seeks a controlled activity status for multiple dwellings within the land unit. During the formulation of the Plan, the council reached the view that the controlled activity status was not appropriate for any of the activities identified in 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 in administering these Plans, together with the development of case law, 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 potential adverse effects associated with particular proposals.

The council cannot decline an application for a controlled activity. While the council may impose reasonable conditions that relate to the matters over which it has reserved control, it cannot impose conditions which require such significant modification as to fundamentally alter the proposal. To do so would effectively negate the consent granted and prevent the activity from taking place. Not all proposals which warrant assessment through the resource consent process can be adequately mitigated by the use of conditions. Some proposals need to be declined or substantially modified. The controlled activity status should be reserved for situations where the council is confident that every proposal should be consented to and that adverse effects can be adequately addressed via conditions without substantial modification to the original proposal. While the controlled activity approach does provide greater certainty to applicants, this needs to be balanced against the need to ensure good environmental outcomes.

It is therefore recommended that the submissions be rejected and that multiple dwellings remain as a discretionary activity within clause 10a.4.5.

4.4.2.4 Submissions 1069/1 and 1089/1 � educational facilities

The submitter (Ministry of Education) seeks that education facilities are provided for as a permitted activity within the land unit.

Landform 3 (alluvial flats) provides for small scale rural activities and provides for productive activities such as pastoral farming and horticulture, and a limited range of non-productive activities to establish and operate within the land unit.

Education facilities is defined in part 14 of the Plan as:

"Educational facilities means land or buildings used to provide regular instruction or training in accordance with a curriculum by teachers or instructors.

It includes schools, technical institutes, teachers' colleges, universities, outdoor education centres, sports training establishments and home-schooling for more than two children not resident on the site.

The activity also includes ancillary administrative, cultural, health, retail and communal facilities."

Non-productive activities such as educational facilities are limited within the land unit as they are not in keeping with the rural use and character of the land unit. It is considered that educational facilities vary in scale and intensity and as such, the effects of the activities can vary greatly.

The Ministry of Education has designated all of its schools currently located on both Waiheke (1 kindergarten, 2 primary schools and a high school) and Great Barrier ( 3 primary schools). It is considered that designation is the most appropriate way for the Ministry of Education to provide for new educational facilities.

Clause 1.6.5 of the Plan outlines the role of designations. A designation is a form of land use authorisation which is available to a requiring authority. Requiring authorities include ministers of the crown, local authorities (such as the council), or network utility operators. A designation is for a public work such as a school, police station, road, motorway, park, drainage or infrastructure systems.

The effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose.

It is therefore considered that educational facilities are not considered appropriate as a permitted activity within the land unit and it is recommended that the submission be rejected.

4.4.2.5 Submission 1078/1 � offices and community centres

The submitter (Minister of Police) seeks that offices and community centres be provided for as a permitted activity within the landform 3 land unit stating that the NZ Police property, is likely to be affected by the Plan. It is noted that the Great Barrier Island Police Station is contained within the landform 3 (alluvial flats) land unit while the Police Station on Waiheke is contained within the commercial 1 (Oneroa village) land unit.

The site of the Great Barrier Police Station, at 175 Hector Sanderson Road, Claris is designated in the Plan for police purposes. As noted in section 4.4.2.4, the effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose.

Both the Great Barrier Police Station and the Waiheke Police Station, located at 104 Ocean View Road, Oneroa are designated by the Minister of Police and this is considered the most appropriate way to provide for police services in the islands.

On Waiheke, offices and community facilities are provided for as permitted activities in commercial 1 (Oneroa village) and commercial 2 (Ostend village) and on Great Barrier, these activities are provided for as permitted activities in the local retailing areas of settlement areas.

It is considered that this submission has been addressed in the hearings report for land units and settlement areas � general. The recommendation in this report is to provide for emergency facilities as a discretionary activity in landform 3 (alluvial flats).

It is therefore recommended that this submission be rejected.

4.4.2.6 Submissions 1250/20 and 1250/21 � visitor accommodation

These submissions seek that visitor accommodation for up to 10 people be discretionary where it is currently provided for as a permitted activity within the land unit. Visitor accommodation is defined in part 14 of the Plan as:

"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."

Increasing numbers of tourists and visitors to the islands increases the need for visitor accommodation.

Small scale visitor accommodation (for up to 10 people) within the landform 3 land unit provides landowners with the opportunity for a additional income for landowners resulting in economic wellbeing for landowners and for the economy of the islands in general.

It is recognised that allowing visitor accommodation within the land unit could result in an increase in the amount of noise and traffic generated, however it is considered that by restricting the size of permitted visitor accommodation (to provide for up to 10 people), the effects on the surrounding environment from both traffic and noise will be minimal.

It is therefore considered that the permitted status of visitor accommodation for up to 10 people should be retained and that the submission is rejected.

4.4.2.7 Submission 1093/26 - horticulture and wineries

The submitter seeks that the permitted status of horticulture be retained in the landform 3 land unit and that wineries be provided for as a controlled or permitted activity.

The submitter seeks amendment to the activity table to provide for winery as a permitted or controlled activity within the land unit.

Winery is defined in Part 14 of the Plan as:

"Winery means land or buildings used for the processing, and fermentation of grapes into wine, and may include bottling facilities, wine-tasting and ancillary wine retailing.

It does not include any of the following:

visitor accommodation
restaurants, cafes or other eating places
function facilities."

It is noted that the activity table currently allows for a winery as a discretionary activity within the land unit and that a viticulture is provided for as a permitted activity (within the definition of horticulture)

Viticulture and other types of horticulture are encouraged within the land unit as it makes appropriate use of the expansive, rural nature of the land whilst contributing to the lifestyle, economy and identity of the islands. It is also considered that wineries are suitable for inclusion as a permitted activity within the land unit they are compatible with the objectives and policies of the land unit as wineries provide for the economic wellbeing of the landowners and provide a complementary activity to viticulture.

It is recognised that wineries may also result in a significant increase in built form however, the open nature of the land unit can accommodate the additional built form.

It is considered that the allowance for wineries as a permitted activity more adequately represents the objectives and policies of the land unit and that wineries provide for the economic wellbeing of the landowners and provide a complementary non-productive activity to viticulture.

It is therefore recommended that the submission be accepted, in that part of the submission agrees with the activity status of horticulture within the land unit and that the activity status of winery be amended to permitted within the activity table.

4.4.2.8 Submissions 1524/1, 1528/4, 1543/4 and 1547/1 � commercial firewood harvesting

The submitters seek to provide for commercial firewood harvesting as a permitted activity within the land unit. Currently, commercial firewood harvesting is provided for as a discretionary activity within the landform 3 land unit.

Part 14 of the Plan defines commercial firewood harvesting as:

" Commercial firewood harvesting means the harvesting of manuka, kanuka or any exotic species for the production and sale of firewood. It does not include other activities associated with the milling or processing of trees."

Commercial firewood harvesting has been addressed in the hearings reports for landforms 1-7 (general). As discussed in this report it is considered that the discretionary status of the activity allows the Council to assess each application for commercial firewood harvesting on a case by case basis. It is considered that the most efficient way of ensuring that firewood harvesting is sustainable is to ensure that all commercial operations are required to obtain resource consent. This way, the Council is able to monitor the total quantity of firewood being harvested and ensure that harvesting is kept to a sustainable level.

It is considered that a management plan should be required with each application for commercial firewood harvesting so that matters such as the phasing and amounts of felling are addressed and can be considered by the council. Further work is required to incorporate the need for a management plan into the provisions for commercial firewood harvesting.

It is therefore considered that the submission be rejected and that a discretionary activity status be maintained for commercial firewood harvesting.

4.4.2.9 Submissions 1524/2 and 1547/2 � forestry

The submitters seek to provide for forestry as a permitted activity within the land unit. Currently, forestry is provided for as a discretionary activity within the land unit.

Forestry is defined in Part 14 of the Plan as:

"Forestry means the management of land for commercial wood production including the extraction of timber.

It does not include any of the following:

the milling or processing of timber
commercial firewood harvesting."

As discussed in the hearings report for landforms � general, it is considered that a discretionary activity status for activity allows the Council enough discretion to be able to assess the suitability of each application for forestry on a case by case basis.

The activity of forestry involves not only the planting of trees, but also their removal and therefore it is considered important to consider all aspects of the process when considering an application for a forestry activity. While it is recognised that the planting of trees, and in particular indigenous species is generally viewed as beneficial, the impacts on the environment of the removal of these trees once they reach maturity is a matter that requires consideration.

It is therefore recommended that the discretionary activity status of the activity remain and that the submission be rejected.

4.4.2.10 Submission 3045/3 � goat farming

The submitter seeks that goat farming be provided for within the land unit as a discretionary activity.

Pastoral farming is defined in Part 14 of the Plan as:

"Pastoral farming means the growing of grass and fodder crops on which stock are grazed.

It does not include the grazing of deer or goats."

Clause 4.4.1(c) of the Plan prohibits a variety of animal pest species due to the ecological threat they pose to the natural values of the Hauraki Gulf islands. Submissions were raised relating to this part of the Plan and as a result, it was recommended in the hearing report for this part that prohibited animal pests be consistent with the proposed ARPMS 2007� 2012 (Auckland Regional Pest Management Strategy) in so far as it applies to possums, goats, wallaby, deer and mustelids.

It is noted that it is recommended that the Plan would prohibit feral goats and deer as it only considers goats and deer as pests when they are not held in secure containment.

It is therefore considered that goats, farmed within secure containment would be appropriate within the landform 3 (alluvial flats) land unit and as such, it is suggested that the definition of pastoral farming be altered to provide for this. It is also considered that deer, farmed within secure containment would also be appropriate within the land unit but no submissions have sought this relief, no changes to the plan can be made.

It is therefore recommended that the submission be accepted in part and that the definition of pastoral farming be amended as follows:

"Pastoral farming means the growing of grass and fodder crops on which stock are grazed.

It does not include the grazing of deer ~~or goats."~~

Planner's recommendations relating to clause 10a.4.5 Rules � activity table, clause 10a.4.6 Rules � standards and terms for multiple dwellings and clause 10a.4.7 Rules � development controls.

That submission 254/1, 1093/26, 3045/3 be accepted and the land unit be amended in accordance with Appendix 3.

That submissions 60/1, 512/3, 1069/1, 1078/1, 1089/1, 1250/20, 1250/21, 1524/1, 1524/3, 1524/2, 1528/4, 1531/1, 1538/1, 1543/4, 1547/1, 1547/2, 1547/3, 2554/5 be rejected.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding landform 4 (alluvial flats) 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

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