District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Hearing reports index
Summary report on submissions to the Auckland City District Plan: Hauraki Gulf
Islands Section - Proposed 2006
| Topic: |
Landform 5 (productive land) |
| Report to: |
The Hearing Panel |
| Author: |
Deborah Kissick |
| Date: |
27 August 2008 |
| Group file: |
314/274014-005
|
1.0 Introduction
This report considers submissions and further submissions ('submissions') that
were received by the council in relation to the landform 5 (productive land) 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 5 (productive land). 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:
1. The objectives of the Plan are to be evaluated by the extent to which they:
a. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a));
and
b. Assist the council to carry out its functions in order to achieve the purpose
of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1).
2. The policies, rules, or other methods in the Plan are to be evaluated by the
extent to which they:
a. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b));
and
b. Assist the council to carry out its functions in order to achieve the purpose
of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
d. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).
The purpose of the RMA is "to promote the sustainable management of natural and
physical resources", and "sustainable management" is defined in section 5(2) as
meaning:
"... managing the use, development, and protection of natural and physical resources
in a way, or at a rate, which enables people and communities to provide for their
social, economic, and cultural wellbeing and for their health and safety while—
(a) Sustaining the potential of natural and physical resources (excluding minerals)
to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems;
and
(c) Avoiding, remedying, or mitigating any adverse effects of activities on the
environment."
Along with section 5, part 2 of the RMA includes sections 6 (matters of national
importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range
of matters that the council needs to recognise and provide for in achieving the
purpose of the RMA. Those matters are also relevant when considering submissions.
The Plan must assist the council to carry out its functions under section 31
of the RMA. These functions are:
"(a) The establishment, implementation, and review of objectives, policies, and
methods to achieve integrated management of the effects of the use, development,
or protection of land and associated natural and physical resources of the district:
(b) the control of any actual or potential effects of the use, development, or
protection of land, including for the purpose of—
(i) the avoidance or mitigation of natural hazards; and
(ii) the prevention or mitigation of any adverse effects of the storage, use,
disposal, or transportation of hazardous substances; and
(iia) the prevention or mitigation of any adverse effects of the development,
subdivision, or use of contaminated land:
(iii) the maintenance of indigenous biological diversity:
(c) ...
(d) The control of the emission of noise and the mitigation of the effects of
noise:
(e) The control of any actual or potential effects of activities in relation
to the surface of water in rivers and lakes."
In addition to the matters listed above from the Eldamos decision:
- The Plan must "give effect to" any national policy statement and any New Zealand
coastal policy statement (s75(3)(a) and (b)).
- The Plan must "give effect to" the regional policy statement (made operative
after 10 August 2005) (s75(3)(c)).
- The Plan must be "not inconsistent with" any regional plan (s75(4)).
- The council must ensure that that the Plan does not conflict with sections
7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA"). Section 10
of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand
coastal policy statement under the RMA.
3.0 Background
This section of the report sets out background information about the topic under
consideration. It identifies how the Plan deals with the landform 5 (productive
land).
This land unit applies to land with pasture cover as the main vegetation type.
Clause 10a.6.1 describes the land units as follows:
"Productive land is characterised by:
Pastoral and horticultural activities, these are often of a moderate to large
scale as compared to the productive activities occurring within other land units.
- Varying contours, with some areas being characterised as 'rolling to moderately
sloping' and others being 'steep slopes'.
- An expansive landscape with an open pattern and a rural character.
- A range of pasture quality and productive capability due to the varying soil
types.
- A number of natural features such as smaller wetlands and water systems.
- A working landscape with various built elements such as farm buildings, houses
and drainage systems.
Overall, productive land provides for large scale rural activities which contribute
to the lifestyle, economy and identity of the islands."
Clause 10a.6.2 sets out the significant resource management issue for the land
unit:
"The resource management strategy for the land unit is to provide for productive
activities, such as pastoral farming and horticulture, so that these activities
can continue to contribute to the economy, lifestyle and the identity of the islands.
Provision for non-productive activities is limited and the minimum site size
is large so that the objective of using the land for productive activities will
be achieved."
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in submissions about
the landform 5 (productive land) 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 5 (productive
land) 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 5 (productive land)
land unit and the landforms 1-7 (general) report will consider any requests for
land to be reclassified from or to landform5.
4.2 General submissions about landform 5 (productive land)
Submissions dealt with in this section:
1250/23,
1284/3,
1093/27,
1118/2,
2598/3,
3061/74,
3593/2
4.2.1 Decisions requested
Submission
1250/23
seeks to retain clause 10a.6 within amendments to clause 10a.6.5
Submissions
1284/3
and 2598/3
seek that the provisions for the land unit, in relation to land use activities be
amended so a more proactive approach to sustainable development is encouraged and
facilitated.
Submission
3061/74 states that the land unit lacks reference to and provision for the following:
- Hauraki Gulf Marine Park Act 2000 (HGMPA)
- The impact of activities in this type of location, especially pastoral farming
on catchments and adjacent marine environments/ecosystems
- Linkages to wetlands
- The Ngati Paoa Station Block
- Specific reference to landscape values
Submission
1093/27 seeks to retain 10a.6.1 introduction as currently worded
Submission
1118/2 seeks that the Plan be amended to render the development of a building
or dwelling of 600m 2 on a site as a permitted activity.
Submission
3593/2
seeks amendment to 10a.6.1 to read;
"This land unit applies to land with productive use including pasture, woodland,
viticulture, horticulture and floriculture as its main vegetative types."
4.2.2 Planner's analysis and recommendations
4.2.2.1 Submission
1250/23
– support clause 10a.6
The submission is accepted as it specifically supports clause 10a.6. It is noted
that the submitter seeks alteration to clause 10a.6.5 and this matter has been addressed
in section 4.5.2.9 of this report. It is therefore recommended that the submission
be accepted in part to the extent that it supports clause 10a.6.
4.2.2.2 Submissions
1284/3
& 2598/3
– proactive approach to sustainable development
The submissions seek that the land unit take a more proactive approach to sustainable
development through amendments to the land use activities. The submissions state
that the land unit does not allow a sustainable approach to the management and enhancement
of the land and it is suggested that a comprehensive management plan could be adopted.
It should be noted that the purpose of the RMA is to promote sustainable management
of natural and physical resources. Sustainable management is a complex concept,
which involves a range of considerations, including the following;
- Managing the adverse effects of human activities on the environment
- Considering the natural environment
- Enabling people to meet their needs
- Considering future generations
The Plan is one of the tools, which the council uses to promote sustainable management,
and is most effective when used together with other council regulatory and non-regulatory
methods and initiatives.
The Plan encourages, and in some cases requires that particular methods be used
as part of development to promote sustainable management. One example of this, in
relation to landform 5 (productive land) is the controlling of the type, scale and
location of activities and development in order to avoid, remedy or mitigate any
adverse effects on the environment.
The submitter suggests that a comprehensive management plan could be adopted
as a way of achieving a more proactive approach to sustainable development. A comprehensive
management plan is a means of providing for integrated land use and subdivision
proposals that relate to the whole of a property and include land management, enhancement
and environmental protection outcomes.
The topic of comprehensive management plans has been addressed in the hearing
report for text – general and land units and settlement areas – general, and part
12 subdivision. As a result of the hearing of these reports, the council is looking
to provide for rural property management plans in all land units where the activity
is not currently provided for although this will require further investigation to
be undertaken.
Rural property management plans are provided for as a permitted activity within
the land unit. Provision of these management plans within the land unit allows property
owners to plan the land use of their property is a holistic way.
It is considered that part 12 – Subdivision, of the Plan already appropriately
recognises the relationship between subdivision and the effects on landscape character
from built forms (such as dwellings) that may arise from subsequent land use activities
on any new sites created.
As discussed in the above mentioned hearing reports, comprehensive management
plan type provisions are sometimes used in district plans to secure replanting or
protection of existing bush or other features in return for allowing smaller site
sizes than would otherwise be permitted. However it is considered that the Plan
already provides appropriately for this by means of the subdivision provisions (in
clauses 12.9.3 and 12.9.4) relating to the protection of significant environmental
features, and associated cluster subdivision.
It is considered that rural property management plans provide a holistic approach
to land use which promotes sustainable development. Therefore it is recommended
that the submission be rejected.
4.2.2.3 Submission
3061/74 – lacking reference to various matters
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:
(c) to maintain the soil, air, water, and ecosystems of the Gulf.
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,
recognises the importance of HGMPA. It is stated here that the Plan covers considerable
areas which are subject to the provisions of HGPMA. It is also considered that 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 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 5 (productive
land) land unit, it is inherent that the principles behind the Act have been addressed
and considered in the formation of the land unit.
Clause 10a.6.2, refers to the significant resource management issues the land
unit needs to address to provide for productive activities while maintaining the
expansive, open nature and rural character of the land unit.
It is considered that the protection of the expansive, open, 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, within the already
modified environments, efficiently contributes to the economic and social wellbeing
of the community. Both these examples relate 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 Auckland Regional Policy Statement. 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 limiting the activities that can be undertaken and the permitted
standards relating to the size of buildings, vegetation clearance, coastal setback
and earthworks.
Linkages to wetlands is another area which the submitter raises concern about
within the landform 5 (productive land) land unit. It is not clear from the submission
what amendments to the Plan are sought in relation to landform 5.
The Ngati Paoa Station Block referred to by the submitter is an area of approximately
966.7 ha and is located at 32 Man O' War Bay Road, Waiheke. Currently this block
of land consists of landform 4 (wetland systems), landform 5 (productive land),
landform 6 (regenerating slopes) and landform 7 (forest and bush areas). It is not
considered appropriate to specifically mention properties with form part of the
landform 5 land unit.
The submitter states that the Plan lacks specific reference to landscape values
within the landform 5 land unit. It is considered however that reference to the
expansive, open, rural character of the land unit provides an accurate description
of the landscape character of the land unit. The purpose behind the objective and
policies in the land unit, refer specifically to maintaining the character of the
landscape and ensuring that the land unit continues to contribute to the economy,
lifestyle and identity of the islands. It is therefore considered that the landscape
value of the land unit is adequately and accurately represented and no alterations
to the Plan are recommended.
It is therefore recommended that submission
3061/74 be rejected.
4.2.2.4 Submission
1118/2 – dwellings of 600m 2 a permitted activity
The submitter seeks "amendments to the Plan to render the development of a building
or dwelling of 600m 2 on a site as a permitted activity (with specific
reference to building coverage in landform 5) that the maximum footprint of any
building be increased from 300m 2 as currently allowed in landform 5
(productive land) to 600m 2". The submitter considers that the control
is too restrictive on landowners and that it does not provide for the social and
economic wellbeing of landowners. The submitter states that productive uses often
require large buildings including residential, storage and ancillary uses.
While it is recognised that the productive nature of the land unit means that
large buildings are likely to be required by landowners for a variety of purposes,
it is considered that a building of 300m 2 is sufficient to provide for
the needs of landowners. It is noted that each site has the potential to accommodate
three buildings of this size before a resource consent would be required.
It is considered that this matter will be addressed in more detail in the part
10c hearing report but it is considered that the provisions for building coverage
adequately provide for the needs of landowners and it is recommended that the submission
be rejected.
4.2.2.5 Submission
3593/2
– land unit vegetation types
Submission
3593/2
seeks to amend the first sentence of clause 10a.6.1 to read:
"This land unit applies to land with productive use including pasture, woodland,
viticulture, horticulture and floriculture as its main vegetative types."
The introduction, clause 10a.6.1 of the land unit currently reads:
"10a.6.1 Introduction
This land unit applies to land with pasture cover as the main vegetation type.
Productive land is characterised by:
- Pastoral and horticultural activities, these are often of a moderate to large
scale as compared to the productive activities occurring within other land units.
- Varying contours, with some areas being characterised as 'rolling to moderately
sloping' and others being 'steep slopes'.
- An expansive landscape with an open pattern and a rural character.
- A range of pasture quality and productive capability due to the varying soil
types.
- A number of natural features such as smaller wetlands and water systems.
- A working landscape with various built elements such as farm buildings, houses
and drainage systems.
Overall, productive land provides for large scale rural activities which contribute
to the lifestyle, economy and identity of the islands."
Whilst pasture cover may currently be the main vegetation type within the land
unit, it is considered that increasingly, horticultural activities including viticulture
and floriculture are becoming a key component of the land unit. This is particularly
the case on eastern Waiheke.
The introduction of the land unit is considered to be the outline of the overall
characteristics of the land unit and alteration to this will provide a better representation
of the overall direction for the land unit. It is considered that including within
the introduction, further emphasis on the horticultural activities being undertaken,
more accurately represents the future direction and use of the land unit.
Horticulture is defined in the Plan as:
"Horticulture means the use of land or buildings for the commercial growing
of vegetables, fruit, berries, nuts, vines, flowers, plants or fungi. It includes
market gardening, orcharding, and viticulture (but not a winery)."
In order to better represent the land unit the following changes are recommended...
"10a.6.1 Introduction
This land unit applies to land
which is predominantly pastoral,
but includes other productive land uses such as horticulture and woodlots.
with pasture cover as the
main vegetation type
.
Productive land is characterised by:
- Pastoral and horticultural activities, these are often of a moderate to large
scale as compared to the productive activities occurring within other land units.
- Varying contours, with some areas being characterised as 'rolling to moderately
sloping' and others being 'steep slopes'.
- An expansive landscape with an open pattern and a rural character.
- A range of pasture quality and productive capability due to the varying soil
types.
- A number of natural features such as smaller wetlands and water systems.
- A working landscape with various built elements such as farm buildings, houses
and drainage systems.
Overall, productive land provides for large scale rural activities which contribute
to the lifestyle, economy and identity of the islands."
It is noted that the submission is from a Great Barrier land owner and therefore
the concerns are likely to be specific to Great Barrier. It is also noted that a
number of submissions have been received which seek the reclassification of land
from landform 3 (alluvial flats) to landform 5 (productive land). These submissions
are dealt with in the hearings report for landforms 1-7 (general) and some reclassifications
are recommended.
It is therefore recommended that the submission be accepted in part and the introduction
of the land unit be altered as suggested.
4.2.2.6 Submission
1093/27 - introduction
As an amendment is proposed to the existing introduction, it is recommended that
submission
1093/27, which supports the introduction, be accepted in part.
| Planner's recommendations about general submissions to landform
5 (productive land)
That submission
1093/27 be accepted with no alterations to the Plan required to give effect
to this submission.
That submissions
1250/23
and 3593/2
be accepted in part and that the introduction be amended according to Appendix
3.
That submissions
1118/2,
1284/3,
2598/3
and
3061/74 be rejected.
|
4.3 Submissions relating to clause 10a.6.2 Resource management issues
Submission dealt with in this section:
1093/28
4.3.1 Decisions requested
Submission
1093/28 seeks amendment to clause 10a.6.2.1 by inserting the following wording:
"...such as pastoral farming and horticulture and their ancillary activities
, to establish..."
4.3.2 Planner's analysis and recommendations
The submission seeks the provision for activities ancillary within the land unit
as they consider that the scale of sites within the land unit allows for the inclusion
of appropriate ancillary activities.
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."
The activity table in clause 10a.6.5 includes all the activities, which are considered
suitable for inclusion within the land unit. The activities are given a status representative
of their potential impacts and adverse effects on the environment and to allow for
any necessary Council discretion should resource consent be required for a particular
activity.
Clause 4.2 of the Plan states that any activity not included in the activity
table for the land unit is given a non-complying status.
As the submitter has not specified any ancillary activities for inclusion in
the Plan, or any changes to the status of the activities currently included in the
activity table, it is difficult to determine what changes are sought by the submitter.
The submitter is invited to attend the hearing to further discuss this submission.
As no further analysis can be made of the submission, it is recommended that the
submission be rejected and no alterations to the Plan be made.
| Planner's recommendations relating to the submission about clause
10a.6.2.1 Resource management issues
That submission
1093/28 be rejected.
|
4.4 Submissions about 10a.6.4 Resource management strategy
Submission dealt with in this section:
1093/29
4.4.1 Decisions requested
Submission
1093/29 seeks to retain clause 10a.6.4 as currently worded in the Plan.
4.4.2 Planner's analysis and recommendations
It is recommended that this submission be accepted in that it supports the resource
management strategy of the land unit.
| Planner's recommendations relating to the submission about clause
10a.6.4 - Resource management strategy
That submission
1093/29 be accepted. No alterations to the Plan are required to give effect
to this submission.
|
4.5 Submissions about clause 10a.6.5 Rules - activity table
Submissions dealt with in this section:
59/1, 109/2,
109/5,
120/1,
121/1,
257/1,
329/1,
512/4,
1068/1,
1093/30,
1250/24,
1523/1,
1523/2,
1523/3,
1541/1,
1541/2,
1541/3,
2082/1,
2082/2,
2554/6,
3045/4,
3521/89
4.5.1 Decisions requested
Submission
59/1 seeks that community facility be included in the activity table as a permitted
activity
Submissions
109/5,
1523/1,
1523/2,
1541/1
and 1541/2
seek that forestry and commercial firewood production should be allowed in the land
unit as a permitted activity.
Submission
109/2 seeks
that the covenant and non-covenant area at 375 Aotea Road, Great Barrier in landform
5 (productive land) should allow energy generation systems, communication systems,
water supply systems and walking tracks and other recreation related structures
(i.e. signs, shelters) as permitted uses.
Submission
121/1 seeks that all activities with a discretionary status within the activity
table be changed to a permitted or controlled status.
Submission
257/1
seeks to add the harvesting of kanuka/manuka (of unrestricted sizes) for home firewood
use as a permitted activity.
Submission
329/1 seeks the inclusion of boarding house or hostel as a discretionary activity
within the land unit
Submission
1068/1 seeks that educational facilities are a permitted activity within the
land unit.
Submission
1093/30 seeks that the activity table be amended to provide for winery as a
permitted or controlled activity within the land unit. It also seeks to retain horticulture
as a permitted activity.
Submission
1250/24
seeks that amendments to the activity table to made to restrict visitor accommodation
for up to 10 people to a discretionary activity
Submission
2082/1
seeks to include tourist complexes to the land unit as a discretionary activity
within the land unit
Submission
2082/2
seeks that, with specific reference to 38 Medland Road, Tryphena, tourist complexes
are listed as a restricted discretionary activity to reflect the existing tourist
complex at the property
Submissions
120/1,
512/4,
1523/3,
1541/3
and
2554/6 seek that provision is made for multiple dwellings as a permitted or
controlled activity within the land unit
Submission
3045/4
seeks that goat farming is provided for within the land unit as a discretionary
activity
Submission
3521/89 seeks that the construction and relocation of buildings, including buildings
used for activities listed in the table to be a restricted discretionary activity
within the activity table.
4.5.2 Planner's analysis and recommendations
4.5.2.1 Submission
59/1 – 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."
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. It is considered therefore that allowing community facilities within
the land unit as a permitted activity could compromise the rural character of the
land unit and the emphasis on productive activities.
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.
It is therefore recommended that the submission be rejected and that community
facilities retain the status of non-complying activity within the land unit.
4.5.2.2 Submissions
109/5,
1523/1,
1523/2,
1541/1
and 1541/2
– forestry and commercial firewood harvesting
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."
Commercial Firewood Harvesting is defined 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."
Both forestry and commercial firewood harvesting are provided for within the
landform 5 (productive land) land unit as discretionary activities and specific
note is made that the activities are not expected to comply with the vegetation
clearance controls set out in part 10c – Development controls.
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.
The discretionary status of these activities allows the Council to control the
amount and rate at which these activities are undertaken to ensure that a sustainable
management approach is maintained. Changing the status of these activities to permitted
would remove the Council's discretion and therefore, would remove any controls relating
to the amount or rate at which trees are felled/planted. This, without appropriate
the intervention and management could result in the worst case, in the clear felling
of the entire forest resource which is a vital part of the island communities.
It is therefore considered appropriate that the discretionary status of both
forestry and commercial firewood harvesting is maintained to ensure that the resource
can be appropriately and sustainably managed to ensure that it provides for the
needs of the current community, as well as the needs of future generations.
It is recommended that submissions
109/5,
1523/1,
1523/2,
1541/1
and 1541/2
be rejected.
4.5.2.3 Submission
109/2 –
375 Aotea Road, Great Barrier
The submitter seeks that the covenant and non-covenant area at 375 Aotea Road,
Great Barrier in landform 5 (productive land) should allow energy generation systems,
communication systems, water supply systems and walking tracks and other recreation
related structures (i.e. signs, shelters) as permitted uses.
Although not specifically mentioned in the Plan, it is considered that the requirements
of residents and land owners to provide for their functional needs, such as power,
water, communication, waste water disposal are considered an inherent part of the
activities allowed in the land unit. It is not clear from the submission what scale
of activity the submitter is referring to for "energy generation systems" and "water
supply systems". An energy generation system could be a system to supply a single
dwelling or the whole of the island.
Walking tracks and other recreation related structures (shelters and signs) are
also not specifically mentioned in the Plan. The development controls such as earthworks,
vegetation clearance and the definition of buildings can control these types of
activities.
The Plan is not intending to restrict the day to day use of the land and but
instead seeks to control new development to ensure that any adverse effects on the
environment are appropriately considered and addressed where necessary.
The Plan covers conventional utility services in part 5 – Network utility services.
This part addresses the importance of utility services to the islands but require
the effects of these services to be managed in a sustainable manner that is in accordance
with the RMA.
The Plan recognises that the islands have a unique landscape and that some utility
services can detract from the visual amenity of the natural environment. There is
a need to balance between providing utility services and ensuring that they do not
detract from the environment in which they are located.
It is therefore considered that the submission be rejected as the issues raised
by the submitter are already considered to be adequately provided for within the
Plan.
4.5.2.4 Submission
121/1 – discretionary activities
The submission seeks amendment to the status of the following activities:
- Boarding kennels and catteries
- Commercial firewood harvesting
- Forestry
- Multiple dwellings
- Rural property management plan
- Visitor accommodation for more than 10 people
- Winery
Currently the activities all hold a discretionary activity status and the submitter
seeks that this be changed to either a permitted or controlled status.
Discretionary status has been assigned to the activities as it is considered
that this is the most appropriate status for the activities. A discretionary activity
requires a resource consent and this allows the Council to decide if it considers
that the activity is appropriate to the specific location, to impose conditions
in order to avoid remedy or mitigate adverse effects on the environment, and gives
the option to decline the application if it is deemed that the proposal is unsuitable.
Permitted and controlled statuses do not allow this discretion. Permitted activities
do not require resource consent and can be undertaken as of right. Controlled activities
do require a resource consent, however the Council must grant the consent and may
only impose conditions on the aspects to which it has reserved control in the Plan.
The reason for the discretionary status for the above activities is that it is
considered that the activities are not appropriate to be undertaken as of right
as they may have a multitude of adverse effects in the environment.
It is recommended that the discretionary status of the above activities be retained
and therefore, the submission be rejected.
4.5.2.5 Submission
257/1
– home 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 the land
unit:
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
It is therefore recommended that the submission be accepted in part and the suggested
amendments above be incorporated into the Plan.
4.5.2.6 Submission
329/1 – boarding house or hostel
The submitter seeks to include boarding house or hostel as a discretionary activity
within the land unit.
"Boarding house or hostel means a building used or designed to be used
for residential accommodation by five or more people, boarders or lodgers (not including
the manager or person in charge of the building and their family).
The accommodation provided includes any of the following:
- accommodation only
- food and accommodation
- accommodation and the use of communal food preparation, toilet and washing
facilities.
It includes hostels for students or farm workers.
It does not include any of the following:
- premises which are licensed under the Sale of Liquor Act 1989
- camping facilities
- dwellings (excluding the accommodation for the manager or person in charge)
- homestays
- visitors' accommodation
- tourist complexes
- accommodation for care."
The submitter raises a need for accommodation for seasonal staff within the land
unit and it is recognised that the Plan should better provide for accommodation
for staff employed within the land unit.
Allowing a boarding house or hostel as a discretionary activity within the land
unit addresses the need for accommodation for seasonal workers in order to carry
out productive use and development of the land. The facility can also be used as
accommodation for tourists and visitors in times when the productive use of the
land is less and therefore staff accommodation is not required. This provides for
the economic wellbeing of landowners and the economy in general.
The discretionary nature of the activity would allow the Council to consider
the appropriateness of an application for a boarding house/hostel on a site by site
basis, giving regard to the expansive nature and open pattern of the land unit and
any adverse effects that the development may have.
It is therefore recommended that this submission be accepted and the activity
table at 10.6.5 be amended as follows:
|
Activity
|
Status
|
|
Boarding house or hostel
|
D
|
4.5.2.7 Submission
1068/1 – education facilities
The submitter (Ministry of Education) seeks that education facilities are provided
for as a permitted activity within the land unit.
Landform 5 (productive land) provides for large scale rural activities and provides
for productive activities such as pastoral farming and horticulture 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.
4.5.2.8 Submission
1093/30 - winery
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 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 expansive nature of the land unit can accommodate the additional
built form.
The submission also seeks to retain horticulture as a permitted activity.
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.
4.5.2.9 Submission
1250/24
– visitor accommodation
Visitor accommodation for up to 10 people 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 5
land unit provides landowners with the opportunity for a potential income in times
when activity from productive use of their land is less. This provides for the landowners
economic wellbeing 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.
4.5.2.10 Submission
2082/1
& 2082/2
– tourist complex
The submitters seek the inclusion of tourist complexes as a discretionary activity
within the land unit.
"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."
It is considered that tourist complexes, by the nature of the facilities that
they can provide, are generally large scale complexes. It is also noted that the
facilities that make up the complex are not solely provided for use by guests of
the visitor accommodation and as such, a significant increase in the noise and traffic
associated within the development could result.
It is considered that a significant increase in built form from tourist complexes
within the landform 5 (productive land) land unit could result in a reduction in
the open rural character of the land unit, which is something to be specifically
avoided in the objectives and policies of the land unit.
It is therefore considered that tourist complexes are not suitable for inclusion
within the landform 5 land unit and it is recommended that the submission be rejected.
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.6.6 outlines the standards and terms, which must be met
in order to consider 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 5 (productive land)
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 effects of the use of a
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 Waiheke.
It is therefore recommended that the submissions be rejected and that multiple
dwellings remain as a discretionary activity within clause 10a.6.5.
4.5.2.12 Submission
3045/4
– 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 the amended 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 5 (productive land) 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.
4.5.2.13 Submission
3521/89 – construction and relocation of buildings
Submission
3521/89 (Auckland Regional Council) seeks that the construction and relocation
of buildings, including buildings used for activities listed in the table to be
a restricted discretionary activity within the activity table. It is noted that
the relationships between buildings and other activities listed in activity table
is explained in clause 4.3.
It is considered that the activities allowed as permitted activities are appropriate
for inclusions within the land unit and that the development controls outlined in
part 10c of the Plan provide the necessary restrictions on the bulk and location
of buildings. It is also considered that the amenity of the landscape doesn't need
as much protection as some other land units such as landforms 1,2, 6 and 7 and therefore
it is recommended that the submission be rejected and that the construction and
relocation of buildings within the landform 5 (productive land) land unit remain
as a permitted subject to development controls.
| Planner's recommendations relating to submissions about clause
10a.6.5 Rules - activity table
That submission
329/1 be accepted and the Plan be amended according to Appendix 3.
That submissions
257/1,
1093/30 &
3045/4
be accepted in part and the Plan be amended according to Appendix 3.
That submissions
59/1,
109/2,
109/5,
120/1,
121/1,
512/4,
1068/1,
1250/24,
1523/1,
1523/2,
1523/3,
1541/1,
1541/2,
1541/3,
2082/1,
2082/2,
2554/6,
3521/89 be rejected.
|
4.6 Submissions about clause 10a.6.6 Rules –standards and terms for multiple
dwellings
Submissions dealt with in this section:
924/1,
1088/1
4.6.1 Decisions requested
Submission
924/1
seeks that the discretionary activity of multiple dwellings (clause 10a.6.6) includes
consideration for dwellings which are part of a co-housing scheme or collective
or partnership which is governed by a covenant/mission statement/trust provision
that promotes the principles of the GDP and environmentally sound farming practices
in a community like group.
Submission
1088/1 seeks to exclude educational facilities from compliance with the development
controls listed is part 10c.
4.6.2 Planner's analysis and recommendations
4.6.2.1 Submission
924/1
- multiple dwellings under collective ownership
Multiple dwellings are defined in part 14 of the Plan as being "more than one
dwelling per site".
They are given a discretionary status provided that one or more of the criteria
under clause 10a.6.6 are met, failing this, the activity is considered a non-complying
activity.
The submission seeks that consideration within the land unit be given for dwellings
which are part of a co-housing scheme or collective or partnership and are governed
by a covenant/mission statement/trust provision to promotes the principles of the
GDP and environmentally sound farming practices in a community like group.
The submission suggests that the following criteria could be applied:
- The collective footprint of dwellings not to exceed 400m2 on block of land
less than 50 acres and larger than 25 acres
- Dwellings are situated in a cluster not further than 10m apart
- The cluster shares an environmentally appropriate septic system, water system,
driveway and other utilities as practicable
The submission highlights the Awaawaroa Bay Eco Village as an example of the
type of development they would like to be allowed within the land unit. This eco
village was developed under a Rural Property Management Plan and involves the protection
of a significant environmental feature (SEF).
Clause 12.9.4 of the Plan does provide for cluster subdivision associated with
the protection of significant environmental features. This is provided for in landforms
2 to 7 and in rural 1. The clause states that sites of between 3000m 2
and 5000m 2 can be created as a cluster or group of clusters with one
further site created that contains the balance of the land subject to subdivision
and most of the significant environmental feature. Each site which is the subject
of a cluster or group of clusters must hold an equal and undivided share in the
balance site. Access to these sites must be via a common vehicle accessway and shared
infrastructure is preferred.
Providing for more than one dwelling per site in landform 5 (productive land)
could lead to pressure for subdivision. It is for this reason that 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 therefore recommended that the submission be rejected.
4.6.2.2 Submission
1088/1 – educational facilities exempt from development controls
The Ministry of Education is a requiring authority and should therefore use the
designation process to establish schools in the islands. Currently within the Plan
the Waiheke High School, Te Huruhi Primary School, Waiheke Kindergarten and Waiheke
Primary School on Waiheke and Okiwi Primary School, Kaitoke Primary School, and
Mulberry Grove Primary School on Great Barrier are all designated by the Ministry
of Education.
Paragraphs 3 and 4 of clause 1.6.5 explains the effect of designations. These
paragraphs state:
"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."
Designated land is also classified into a land unit or settlement area to indicate
the purposes for which the land could be used if it was not designated. The provisions
of the Plan apply to the designated land only to the extent that the land is used
for a purpose other than its designated purpose."
This means that the development controls in the Plan would only take effect if
the land was no longer used for educational purposes by the Ministry and the designation
was removed. In addition, it is considered that educational facilities can have
adverse effects in the landform 5 (productive land) land unit in relation to traffic
generation, traffic movements, parking and amenity and are not considered to be
in keeping with the expansive, open, rural character of the land unit. As such,
it is recommended education facilities should remain a non-complying activity in
the landform 5 (productive land) land unit.
It is recommended that submission
1088/1 be rejected.
| Planner's recommendations relating to submissions about clause
10a.6.6 Rules –standards and terms for multiple dwellings
That submissions
924/1
&
1088/1 be rejected.
|
5.0 Conclusion
This report has considered the decisions requested in submissions lodged regarding
Landform 5 (productive land) 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