District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
Street index |
Planning maps |
Text |
Appendices |
Annexures |
Section 32 material |
Plan modifications |
Help |
Notified - Home |
Decision - Home
Hearing reports index
Report on submissions to the Auckland City District Plan: Hauraki Gulf Islands
Section Proposed 2006
| Topic: |
Landform 7 (forest and bush areas) |
| Report to: |
The Hearing Panel |
| Author: |
Deborah Kissick |
| Date: |
27 August 2008 |
| Group file: |
314/274014-007
|
1.0 Introduction
This report considers submissions and further submissions ('submissions') that
were received by the council in relation to the landform 7 (forest and bush areas)
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 7 (forest and bush areas). This report discusses the submissions (grouped
by subject matter or individually) and includes recommendations from the planner
who prepared this report. The recommendations identify whether each submission should
be accepted or rejected (in full or in part) and what amendments (if any) should
be made to the Plan to address matters raised in submissions. Further submissions
are not specifically addressed but are dealt with in conjunction with the submissions
to which they relate.
The recommendations contained in this report are not decisions of the council.
The council will issue its decisions following consideration of the submissions,
further submissions, any supporting evidence presented at the hearing, and this
report. The council's decisions will be released after all the hearings to the Plan
have been completed.
2.0 Statutory framework
This section of the report briefly sets out the statutory framework within which
the council must consider the submissions. In preparing this report the submissions
and, in particular, the decisions requested in the submissions, have been considered
in light of the relevant statutory matters. These were summarised by the Environment
Court in Eldamos Investments Limited v Gisborne District Council W
047/05
where the court set out the following measures for evaluating objectives, policies,
rules and other methods in district plans:
- The objectives of the Plan are to be evaluated by the extent to which they:
- Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a));
and
- Assist the council to carry out its functions in order to achieve the purpose
of the RMA (s72); and
- Are in accordance with the provisions of part 2 of the RMA (s74(1).
- The policies, rules, or other methods in the Plan are to be evaluated by the
extent to which they:
- Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b));
and
- Assist the council to carry out its functions in order to achieve the purpose
of the RMA (s72); and
- Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
- (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).
The purpose of the RMA is "to promote the sustainable management of natural and
physical resources", and "sustainable management" is defined in section 5(2) as
meaning:
"... managing the use, development, and protection of natural and physical resources
in a way, or at a rate, which enables people and communities to provide for their
social, economic, and cultural wellbeing and for their health and safety while
(a) Sustaining the potential of natural and physical resources (excluding minerals)
to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems;
and
(c) Avoiding, remedying, or mitigating any adverse effects of activities on the
environment."
Along with section 5, part 2 of the RMA includes sections 6 (matters of national
importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range
of matters that the council needs to recognise and provide for in achieving the
purpose of the RMA. Those matters are also relevant when considering submissions.
The Plan must assist the council to carry out its functions under section 31
of the RMA. These functions are:
"(a) The establishment, implementation, and review of objectives, policies, and
methods to achieve integrated management of the effects of the use, development,
or protection of land and associated natural and physical resources of the district:
(b) the control of any actual or potential effects of the use, development, or
protection of land, including for the purpose of
(i) the avoidance or mitigation of natural hazards; and
(ii) the prevention or mitigation of any adverse effects of the storage, use,
disposal, or transportation of hazardous substances; and
(iia) the prevention or mitigation of any adverse effects of the development,
subdivision, or use of contaminated land:
(iii) the maintenance of indigenous biological diversity:
(c) ...
(d) The control of the emission of noise and the mitigation of the effects of
noise:
(e) The control of any actual or potential effects of activities in relation
to the surface of water in rivers and lakes."
In addition to the matters listed above from the Eldamos decision:
- The Plan must "give effect to" any national policy statement and any New Zealand
coastal policy statement (s75(3)(a) and (b)).
- The Plan must "give effect to" the regional policy statement (made operative
after 10 August 2005) (s75(3)(c)).
- The Plan must be "not inconsistent with" any regional plan (s75(4)).
- The council must ensure that that the Plan does not conflict with sections
7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA"). Section 10
of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand
coastal policy statement under the RMA.
3.0 Background
This section of the report sets out background information about the topic under
consideration. It identifies how the Plan deals with the landform 7 (forest and
bush areas).
Clause 10a.8.1 describes the land unit as follows:
"Forest and bush areas include extensive podocarp and broadleaf forest areas,
areas of secondary regenerating forest and some isolated areas of manuka and kanuka.
Forest and bush areas are characterised by:
- Steep upper slopes and valley systems with some gently sloping areas.
- High conservation and ecological value as these areas have either survived
or significantly recovered from milling activity in the past.
- High natural character and visual amenity due to the sheer dominance, scale
and age of the vegetation cover.
- An absence of built structures.
Overall, forest and bush areas make a significant contribution to the natural
character, conservation, ecological and visual amenity values of the islands."
Clause 10a.8.4 sets out the following strategy for the land unit:
"The resource management strategy is to limit activities to those of a low intensity
and to require buildings to be assessed to ensure that there will be no adverse
effects on the natural character and the conservation, ecological and visual amenity
value of the land unit."
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in submissions about
the landform 7 (forest and bush areas) 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 7 (forest and
bush areas) together with the related further submissions is contained in appendix
1. Appendix 2 contains the summary of the decisions requested by the
submissions considered in this report. Any amendments to the Plan recommended in
response to submissions are identified in this section of the report and are further
detailed in appendix 3.
The list of submissions contained in appendix 1 may include some submissions
and further submissions which were received 'late', ie they were received after
the closing date for lodging submissions (11 December 2006) or further submissions
(28 May 2007). All late submissions were considered by the hearing panel at
the start of the hearing process and the panel has already waived the failure to
comply with the time limit for any late submissions or further submissions listed
in appendix 1. This has been done in accordance with sections 37 and 37A of the
RMA.
This report will deal with the text relating to the landform 7 (forest and bush
areas) land unit and the landforms 1-7 (general) report will consider any requests
for land to be reclassified from or to landform7.
4.2 General submissions about landform 7 (forest and bush areas)
Submissions dealt with in this section:
111/3,
1029/3,
1098/3,
1099/3,
1227/1,
1327/1,
3061/78
4.2.1 Decisions requested
Submission
1029/3
seeks that the policies for landform 7 (forest and bush areas) encourage alternative
technologies and practices to stimulate the fabric of island society.
Submission
1098/3 and
1099/3 agree with the objectives and policies for landform 7 (forest and bush
areas).
Submission
111/3 seeks to amend the rules of the land unit to allow existing use, ability
to clear up to 10% of total used by stock for shelter and dead trees used for firewood.
Submission
1227/1
seeks continued existing use rights to remain for the forest and bush land unit
at 630 Gordons Road.
Submission
1327/1 seeks that 380 Cowes Bay Road be identified in the Plan provisions as
a property that may be used for agriculture and horticultural purposes in specific
areas.
Submission
3061/78 states that the land unit lacks recognition of the application of HGMPA
and rules in response to that application and it also lacks recognition of habitat
values.
4.2.2 Planner's analysis and recommendations
4.2.2.1 Submission
1029/3
alternative technologies and practices
It is not clear from the submission what the submitter means by "alternative
technologies and practices". The Plan does not specifically restrict alternative
technologies or practices but it is recognised that some practices could be controlled
through the building consent process or by the Auckland Regional Council.
The submitter is encouraged to attend the hearing to elaborate on this submission
however, at this time, not further analysis of the submission can be made and it
is therefore recommended that the submission be rejected.
4.2.2.2 Submission
1098/3 and
1099/3 clause 10a.8.3 - Objective
The submissions are accepted as they specifically support the inclusion of clause
10a.8.3 objective of the land unit.
4.2.2.3 Submission
111/3 existing
use for land clearance
A Site of ecological significance (SES) has been identified on the land which
is the subject of the submission. The SES is recorded as the following:
48-1 Great Barrier Forest
Advanced regenerating forest, mainly kauri/pod carp/broadleaf. Significant rare
plant species. Kauri, Rimu, Miro, Totara, Tawa, Puriri, Rata, Taraire, Pohutukawa.
Black petrel colony, Cook's petrel, Rifleman, Pied tit, Fernbird, Great Barrier
skink, Hochstetter's frog and Paua slug.
The submission discusses that there has been no allowance within the land unit
for maintenance clearing for fence lines, internal tracks and trails, look-out areas,
roads and the entry track. The submission is also concerned that the harvesting
of firewood, removal of stumps and dead indigenous trees as well as the growing
and harvesting of plants, trees and shrubs (nursery activities) are also not provided
for within this land unit.
It is considered that the land unit is made up of areas of extensive podocarp
and broadleaf forest areas, areas of secondary regenerating forest and some isolated
areas of manuka and kanuka that make a significant contribution to the natural character,
conservation, ecological and visual amenity values of the islands.
Generally, it is recognised that the areas are steep slopes and valley systems
and the areas of vegetation have either survived, or significantly recovered from
milling activity in the past. The character and amenity of the land unit is due
to the dominance, scale and age of the vegetation cover. There is a general absence
of built structures.
It is considered that in order to protect and preserve the natural character,
limiting activities within the land unit to those of low intensity. All buildings
associated with these activities need to be assessed to ensure that there will be
no adverse effects on the land unit.
4.2.2.4 Submission
1227/1
existing use for 630 Gordons Road
The submitter seeks that the land at 630 Gordons Road, Waiheke (owned by the
submitter) be governed by existing use rights. The owners wish the keep the forest
and bush area unfenced from the rest of their property (which is zoned landform
5 (productive land)) as it is used for shelter for stock and dead trees are used
for firewood.
It is noted that there is no requirement within the forest and bush land unit
for any part of a property, classified within landform 7 (forest and bush areas),
to be fenced from the rest of the property. If the applicant wishes to confirm existing
use rights for the current activity, they can apply for an existing use certificate
through Auckland City Environments.
It is therefore recommended that the submission be rejected.
4.2.2.5 Submission
1327/1 - 380 Cowes Bay Road
The property is entirely classified as landform 7 (forest and bush areas) and
it is noted that the property is also covered by a site of ecological significance
(SES 23-35). The property is recognised as a site of ecological significance due
to the extensive areas of young regenerating forest and shrublands of mainly kanuka,
treeferns and manuka. It is also noted that the SES contains a lot of regenerating
broadleaved and podocarp species.
The submitter seeks provision for agricultural and horticultural purposes on
specific areas of the property. Landform 7 does not provide for these activities
within the activity table as they are not considered appropriate for inclusion within
the land unit. The objectives and policies aim to limit the activities provided
for in the land unit in order to avoid adverse effects on the natural character,
ecological and visual amenity of the land unit.
It is noted that a recent subdivision consent for the property has been granted
and that the large areas of the property have been included in a covenant. The areas
identified by the submitter have been excluded from the covenant but have all the
characteristics of the landform 7 land unit as outlined above in the description
of the SES on the property.
It is not considered appropriate to reclassify the specific areas identified
in the submission as it is considered that these areas, along with the rest of the
property make up part of the SES 23-35 which is recognised for its ecological significance.
It is therefore recommended that the submission be rejected.
4.2.2.6 Submission
3061/78 HGMPA and habitat values
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 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.
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.
Clause 10a.8.2 refers to the significant resource management issues of the land
unit as needing to provide for productive activities while maintaining the expansive,
open nature and rural character of the land unit.
The submission also raises concern about a lack of recognition of habitat values
within the land unit. The objectives and policies of the land unit recognise
the ecological amenity values of the land unit which includes the values of habitat.
The objective seeks to protect the ecological amenity of the regenerating slopes
from the adverse effects of activities and buildings through limiting activities
which are provided for in the land unit and controlling the scale, form, colour
and location of new buildings.
Therefore, it is considered that the land unit does make reference to the value
of habitat in the land unit through the recognition of ecological values of the
land unit. It is recommended that the submission be rejected.
| Planner's recommendations for submissions about the entire landform
7 (forest and bush areas) land unit
That submissions
1098/3 and
1099/3 be accepted with no amendments to the Plan required to give effect
to these submissions.
That submissions
111/3,
1029/3,
1227/1,
1327/1,
3061/78 be rejected.
|
4.3 Submissions about clause 10a.8.2 Resource management issues and clause 10a.8.3
Objective
Submissions dealt with in this section:
1029/1,
1029/2
4.3.1 Decisions requested
Submission
1029/1
seeks that the land unit include statements about balancing the lifestyle needs
of residents with protection of its natural features within 10a.8.2 resource management
issue.
Submission
1029/2
seeks that the land unit include statements about balancing the lifestyle needs
of residents with protection of its natural features within 10a.8.3 objectives and
policies.
4.3.2 Planner's analysis and recommendations
4.3.2.1 Submissions
1029/1
& 1029/2
balancing lifestyle and the protection of natural features
The submitter states that the Plan does not adequately recognise the people living
in the land unit and that the Plan should include statements about balancing the
lifestyle needs of residents with protection of its natural features.
It is recognised that there are residential dwellings located within the landform
7 land unit however it is not considered that these residential dwellings are a
dominant feature of the land unit but are incidental to the forest and bush areas.
The landform 7 land unit is considered to be of significant natural character, with
high conservation, ecological and visual amenity values. Protection of the natural
character is the objective of the land unit.
The resource management strategy and the objectives and policies of the land
unit specifically reference activities and buildings within the land unit. This
recognises people's right to live and undertake some activities within the land
unit.
Allowance has been made within the land unit for dwellings, residential accessory
buildings and homestays as permitted activities. This recognises the existing residential
element of the land unit.
Adding reference to balancing the lifestyle needs of residents with the protection
of the natural features is inappropriate as it is considered that natural character
is the top priority of the land unit.
The submission also raises issue with the amount of mature bush areas within
the land unit, stating that this has been exaggerated and that the land unit underestimates
the amount of regenerating kanuka and manuka.
The forest and bush land unit seeks to identify the areas of podocarp and broadleaf
forest as well as areas of secondary regenerating forest and some isolated areas
of manuka and kanuka. While it is considered that there will be variation in the
vegetation present due to location, exposure etc it is considered that the land
unit in general represents areas which have high natural character and visual amenity
and are generally covered in extensive forest and bush areas.
It is therefore recommended that the submissions be rejected.
| Planner's recommendations for submissions about resource management
issues
That submissions
1029/1
and 1029/2
be rejected.
|
4.4 Submissions about clause 10a.8.5 Rules - activity Table
Submissions dealt with in this section:
18/1,
512/1,
512/6,
512/7,
512/8,
512/9,
512/10,
512/11,
1029/4,
1176/2,
1176/4,
1186/2,
1186/4,
1250/27,
1250/28,
1276/2,
1276/4,
1327/2,
1526/1,
1526/2,
1542/1,
1542/2,
1526/3,
1542/3,
1526/4,
1542/4,
2648/2,
2648/4,
3061/79,
3852/1,
3618/2,
3618/4
4.4.1 Decisions requested
Submission
18/1 seeks
that firewood for home use, should be included in the activity table
Submissions
512/1,
512/6,
512/8,
1029/4,
1526/1,
1542/1
seek alterations to the activity table in relation to the status of the construction
of new buildings and external; additions and alterations to existing buildings.
Submission
512/7 seeks
that a rural property management plan should be encouraged and not discouraged by
requiring a resource consent application and associated cost.
Submissions
512/9,
1526/2,
1542/2
seek alteration to the activity table to provide for commercial firewood harvesting
as a permitted activity within the land unit
Submissions
512/10,
1243/73,
1526/3,
1542/3
seek that forestry be provided for in the land unit as a permitted activity
Submissions
512/6,
512/11,
1526/4,
1542/4
seek to allow multiple dwellings as a permitted activity within the land unit.
Submission
3061/79 opposes the provision of multiple dwellings in the land unit
Submissions
1176/2,
1176/6,
1186/2,
1276/2,
1276/6,
2648/2,
2648/6,
3618/2,
3618/6
seek that caretakers cottages be included within the land unit as a permitted activity
Submissions
1176/4,
1186/4,
1276/4,
2648/4,
3618/4
seek that either a visitor accommodation unit or a caretakers cottage are allowed
as a permitted development in addition to the principal dwelling
Submissions
1250/27
& 1250/28
seeks to amend the activity table so that visitor accommodation for up to 10 people
is a discretionary activity
Submission
3852/2 seeks that the land unit provide for commercial / personal domestic firewood
harvesting. Provide for sustainable foresting and firewood harvesting as a discretionary
activity on certain block sizes throughout the island subject to owners signing
up to one range of management plans which would be included in the District Plan.
Submission
1327/2 seeks that landform 7 be amended to make provision for agricultural and
horticultural purposes as permitted activities on the parts of the land unit that
are not consistent with the overall intention of the land unit.
4.4.2 Planner's analysis and recommendations
4.4.2.1 Submission
18/1 firewood
for home use
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.
- No more than 5m 3 of firewood is harvested per site, per 12 month
(January to December) period is generated.
- For Waiheke, indigenous vegetation up to 3m in height and exotic vegetation
up to 8m in height is used.
- 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) and 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".
It is recognised that assessment criteria will be required in part 11, in particular,
under clause 11.3.2. These 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.
4.4.2.2 Submissions
512/1,
512/8,
1029/4,
1526/1,
1542/1
construction, relocation, alteration and addition of buildings
Alterations and additions to the exterior of existing buildings, along with the
construction of new buildings are restricted discretionary activities within the
land unit. Restricted discretionary activities allow the Council to reserve discretion
over matters, which are considered particularly important for the land unit.
Buildings within the landform 7 land unit have the potential to adversely effect
the natural character of the land unit and as a result, the Council has chosen to
retain discretion on the scale, form and location and colour of buildings. This
discretion allows the Council to ensure that development will impact the overall
visual amenity of the land unit as little as possible.
Removal of this activity status, through the allowance of these activities as
permitted, would remove Council's discretion on built form within the land unit
and could result in buildings of a scale, form, colour and in a location where the
overall visual amenity and conservation values of the land unit are compromised.
Buildings within the land unit are limited in number and therefore any new buildings
need to be controlled so as not to adversely effect the amenity of the overall land
unit.
It is therefore recommended that the above submissions be rejected and that the
restricted discretionary status be retained.
4.4.2.3 Submissions
512/7
rural property management plan
Rural property management plan is defined in part 14 of the Plan as follows:
" Rural property management plan means a long term management plan which
comprehensively details all land use activities proposed to be undertaken on a site,
including the location of buildings and activities, and the mitigation of effects
proposed to manage adverse effects from those buildings and activities."
The Plan provides for rural property management plans as a separately listed
activity in the following land units:
| Land unit |
Activity status for rural property management plans |
Landform 2 (dune systems and sand flats) - sand flats
area only
Landform 3 (alluvial flats)
Landform 5 (productive land)
Landform 6 (regenerating slopes)
Landform 7 (forest and bush areas) |
Discretionary |
As discussed in the hearings report for landforms 1-7 (general), rural property
management plans are intended to provide a means by which a landowner or occupier
can plan comprehensively, and on a long term basis, for the use of a site, and obtain
a consent for a range of buildings and activities which may otherwise require a
succession of separate consents on an ad hoc basis.
Rural property management plans are not provided for in landform 1 (coastal cliffs
and slopes), landform 4 (wetland systems) or in the dune systems area within landform
2 (dune systems and sand flats). Land with these classifications is environmentally
sensitive and the only permitted activity listed within the Plan is ecosourced planting.
It is recognised that rural property management plans provide landowners with
the opportunity to plan holistically for development on their properties and it
is therefore considered that inclusion of the activity in landforms 1, 2 and 4 could
facilitate protection and restoration of these environmentally sensitive areas.
It is noted however that the Plan would need to incorporate criteria to ensure that
protection and restoration occurs and that these sensitive landforms benefit from
rural property management plans.
This issue has been raised in previous hearings and officers area still considering
the implications of their inclusion in Landforms 1, 2 & 4. It is considered that
further work is required on this topic and therefore, no recommendation is made
in relation to the submissions at this time.
4.4.2.4 Submissions
512/9,
1526/2,
1542/2
commercial firewood harvesting
Currently commercial firewood harvesting is defined in part 14 of the Plan 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 is provided for as a discretionary activity in
landform 3 (alluvial flats) and landform 5 (productive land). It is noted that commercial
firewood harvesting is not required to comply with any other vegetation controls
contained in part 10c of the Plan.
It is considered that commercial firewood harvesting could be provided for within
landform 6 (regenerating slopes). This land unit contains extensive areas of bush
in varying rates of regeneration. It is considered suitable to include commercial
firewood harvesting in this land unit, as this is where vegetation is most abundant
and therefore the impacts of managed vegetation removal would be less.
It is not considered appropriate to include commercial firewood harvesting in
landform 7 (forest and bush areas) as it is considered that the extensive and mature
nature of the vegetation within the land unit has such high natural character, visual
amenity and ecological and conservation value that it should be protected from the
adverse effects of activities. The activities provided for in the land unit are
those considered low intensity in order to ensure that adverse effects on the land
unit are limited.
It is therefore recommended that the submission be rejected.
The submitters seeks the inclusion of forestry as a permitted 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 1-7 (general), forestry is
currently provided for as a discretionary activity within landform 3 (alluvial flats)
and landform 5 (productive land). As discussed in section Error! Reference source
not found. above, these two land units are considered the most appropriate land
units to provide for forestry. Landforms 3 and 5 are both, in the majority, covered
in pasture and therefore there is limited interference with indigenous vegetation
such as the vegetation found on landforms 6 and 7. It is also considered that in
land units made up of sensitive natural areas, such as landforms 1, 2, and 4, it
is not appropriate to include such activities as the potential for adverse effects
on the natural environment is high.
Forestry activities are not expected to comply with any other vegetation clearance
controls set out in part 10c of the Plan and as such, providing for forestry in
landform 7 (forest and bush areas) could result in large areas of vegetation being
cleared which could result in adverse effects on the natural character of the land
unit.
It is therefore not recommended that forestry be included in the landform 7 land
unit and therefore the submission should be rejected.
4.4.2.6 Submission
1250/27
& 1250/28
visitor accommodation
The submissions seek that the status of visitor accommodation for up to 10 people
be amended from a permitted activity to a discretionary activity within the land
unit. Currently, visitor accommodation for up to 10 people is provided for as a
permitted activity within the land unit and visitor accommodation for more than
10 people is a discretionary activity.
Visitor accommodation is defined in 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.
The Plan requires a restricted discretionary resource consent for the construction
of any new buildings within the land unit. This requires any new building to be
assessed on its scale, form and location and the Council can decide to impose consent
conditions or decline the application if the proposal is deemed unsuitable for inclusion
within the land unit.
Visitor accommodation is currently provided for as a permitted activity for up
to 10 people. It is recognised that the scale, form and location of such an activity
are in keeping with the resource management strategy for the land unit, which provides
for low intensity activities. It is considered that the individual effects of the
use of a dwelling or a visitor accommodation to cater for up to 10 people have similar
effects on the environment. It is also considered that visitor accommodation can
provide an income source for landowners, which in turn assists in providing for
their social and economic wellbeing.
It is recognised however that providing for both a dwelling and a visitor accommodation
for up to 10 people in the sand flats area would not be representative of the low
intensity type of development that is sought through the objectives and policies
for this land unit.
It is therefore recommended that provision be made for a dwelling, or a visitor
accommodation facility for up to 10 people, but not both. This would require alteration
to the activity table as follows:
Dwellings (one per site) |
P |
EITHER:
Dwellings (one per site)
OR:
Visitor accommodation for up to 10 people
BUT NOT BOTH |
P |
| Dwellings not otherwise provided for as a permitted
activity |
D |
| Visitor accommodation not otherwise provided for
as a permitted activity |
D |
It is considered that this approach is more appropriate for the land unit as
it maintains a low intensity of activities allowed on each site while allowing land
owners the flexibility to have either type of activity on their land.
The submission agrees that it is appropriate to allow for homestay accommodation
within the land unit due to the fact that the requirements of homestay accommodation
require that it be undertaken within the existing dwelling for not more than 5 guests
and therefore does not result in additional built form within the land unit.
It is therefore recommended that the submissions be accepted in part to the extent
that it is recognised that provision for both a dwelling and a visitor accommodation
(for up to 10 people) should be provided as a discretionary activity, while the
activities by themselves are permitted.
4.4.2.7 Submissions
512/6,
512/11,
1526/4,
1542/4
multiple dwellings
The submitters seek a permitted status for multiple dwellings to allow them to
provide for worker accommodation or additional family homes (multiple dwellings)
to accommodate staff over busy tourist periods.
Dwellings are provided for within the land unit as a permitted activity while
multiple dwelling hold a discretionary status.
More than one dwelling per site significantly increases the potential for adverse
effects on the natural character of the land unit. Not only is it an additional
building within the land unit that needs to be accommodated but the activities and
modifications to the land for things such as access, parking, wastewater disposal
and utility services etc also need to be provided.
Changing the status of multiple dwellings, to a permitted activity, suggests
that more than one dwelling per site is appropriate on all properties where they
comply with the rules in part 12 Subdivision. While it is recognised that some
sites may be suitable for more than one dwelling, a permitted activity status does
not take into account the high amenity values and natural character for which characterise
the land unit.
Retaining a discretionary activity status allows the Council to use its discretion
over the appropriateness of the proposal on a case-by-case basis and to ensure that
any potential adverse effects from development can be appropriately avoided, remedied
or mitigated.
It is therefore recommended that the submissions be rejected and that the discretionary
activity status be retained for multiple dwellings.
4.4.2.8 Submission
3061/79 multiple dwellings
The submitter opposes the provision of multiple dwellings as a discretionary
activity within the land unit. The submitter considers that because the land unit
has high natural character and ecological and visual amenity values, multiple dwellings
are opposed.
It is recognised, as discussed in 4.5.2.7 above, that while some areas may be
suitable for multiple dwellings, the Council wishes to retain the discretion to
decide whether a site is deemed a appropriate for more than one dwelling. The discretionary
status allowed in the Plan provides for this and is considered an appropriate way
to manage proposed development.
It is therefore recommended that this submission be rejected and that the discretionary
status of multiple dwellings be retained.
The submitters seek provision for caretaker accommodation (in addition to the
main dwelling) as a permitted activity within the land unit. The need for on-going
active plant and animal pest eradication and control programmes in areas of forest
and bush is raised as a reason for allowing caretakers accommodation on site where
landowners may not be resident full time.
The provision of caretakers accommodation, as suggested by the submitters will
result in multiple dwellings on a property. It is therefore not considered that
a separate definition for caretakers accommodation is required.
As discussed in 4.5.2.7 above, it is recognised some sites may be able to adequately
accommodate multiple dwellings while taking into account the natural character and
amenity values of the land unit. However, it is considered inappropriate to alter
the status of the activity to allow for this as a permitted activity as this suggests
that all properties are suitable for multiple dwellings.
It is therefore recommended that the submissions be rejected and that no additional
provision be made within the land unit for caretaker accommodation.
4.4.2.10 Submissions
1176/4,
1186/4,
1276/4,
2648/4,
3618/4
visitor accommodation or caretaker's cottage
The submitters seek amendment to the land unit to allow either a visitor accommodation
unit or a caretakers cottage as permitted development in addition to the principal
dwelling on a property.
Caretakers cottages are simply an additional residential dwelling and therefore
the effects of a caretakers cottage with a principal dwelling are the same as those
created by two dwellings. It is therefore considered that no additional provisions
are required to allow for caretakers cottages within the plan as they are considered
no different from multiple dwellings which have a discretionary status within the
activity table.
Visitor accommodation (both for up to 10 people and more than 10 people) is not
considered appropriate as a permitted activity, on a site where a residential dwelling
is already in existence. It is therefore recommended in 4.5.2.6 that visitor facilities
for up to 10 people be allowed on a site in place of a dwelling, as a permitted
activity. It is also recommended that provision for a dwelling and a visitor facility
(for up to 10 people) be allowed as a discretionary activity.
These recommendations ensure that the policies within the land unit are upheld
in that limitations are placed on activities that can occur within the land unit,
especially as the activities discussed result in an increase in built form.
Visitor accommodation plays a key role in providing for the economic and social
wellbeing of the community. The capacity of visitor accommodation has been considered
for its appropriateness within the land unit, hence the two separate allowances
within the activity table.
It is therefore considered that the submissions be rejected.
4.4.2.11 Submission
1327/2 agricultural and horticultural activities as permitted
The submitter seeks that landform 7 be amended to make provision for agricultural
and horticultural purposes as permitted activities on the parts of the land unit
that are not consistent with the overall intention of the land unit.
The landform 7 (forest and bush areas) land unit includes areas of extensive
podocarp and broadleaf forest and well as areas of secondary regenerating forest
and isolated areas of manuka and kanuka. It is recognised in the resource management
strategy of the land unit that activities within the land unit should be limited
to low intensity activities to ensure that there are no adverse effects on the natural
character or the ecological, conservation and visual amenity of the land unit.
It is not considered that agriculture or horticulture could be considered low
intensity activities within this land unit due to the significant amount of vegetation
removal that would be required to provide for either of these activities.
It is not clear what the submitter means when referring to "parts of the land
unit that are not consistent with the overall intention of the land unit" but it
is assumed that the submitter is referring to land that has been incorrectly classified.
The submitter mentions their property at 380 Cowes Bay Road, Waiheke in other
parts of the submission. The entire property is classified as landform 7 (forest
and bush areas) and section 4.2.2.5 of this report addresses the possibility of
reclassifying parts of the property to a land unit that would allow the activities
the submitter requests such as landform 5 (productive land). In this section of
the report it is noted that the property is located within a site of ecological
significance (SES 23-35) and it is considered that the property is accurately classified
within the landform 7 land unit and there is no recommendation for reclassification.
It is therefore recommended that the submission be rejected.
| Planner's recommendations for submissions about clause 10a.8.5
Rules - activity table
At this time it is not considered that a recommendation can be made with respect
to submission
512/7.
That submission
18/1 be
accepted and that the Plan be amended accordingly as described in Appendix 3.
That submission
1250/27,
1250/28
be accepted in part and that the Plan be amended accordingly as described in Appendix
3.
That submissions
512/1,
512/6,
512/8,
512/9,
512/10,
512/11,
1029/4,
1176/2,
1176/4,
1176/6,
1186/2,
1186/4,
1243/73,
1276/4,
1327/2,
1526/1,
1526/2,
1526/3,
1526/4,
1542/1,
1542/2,
1542/3,
1542/4,
1276/2,
1276/6,
2648/2,
2648/4,
2648/6,
3061/79,
3618/2,
3618/6
3618/4 be rejected.
|
4.5 Submissions about clause 10a.8.6 Rules multiple dwellings
Submissions dealt with in this section:
1176/6,
1276/6,
2648/6,
3618/6
4.5.1 Decisions requested
Submissions
1176/6,
1276/6,
2648/6
and
3618/6
seek the inclusion of a clause within 10a.8.6 which links a caretakers cottage to
plant and animal pest eradication and control programmes and/or native plant replanting
programmes etc.
4.5.2 Planner's analysis and recommendations
As discussed in both 4.4.2.9 and 4.4.2.10 above, it is not considered necessary
to include specific provision by way of definition or otherwise for caretakers accommodation
as it is considered no different to any other dwelling additional to the principal
dwelling and therefore creates a multiple dwellings situation.
It is recognised that some properties located within the landform 7 (forest and
bush) land unit require full time pest eradication in order to facilitate the regeneration
of areas of forest and bush. It is not considered however that on site accommodation
for staff for this activity, is any different to providing an additional dwelling
on a property for any other purpose.
Multiple dwellings are provided for in the land unit as a discretionary activity,
which means that the Council can ultimately decide whether a particular site is
appropriate for multiple dwellings and whether the proposed development is likely
to have significant adverse effects on the environment.
It is therefore recommended that the submission be rejected and that no additional
provisions be made within the plan for caretakers cottages.
| Planner's recommendations for submissions about clause 10a.8.6
rules multiple dwellings
That submissions
1176/6,
1276/6,
2648/6
and
3618/6 be rejected.
|
5.0 Conclusion
This report has considered the decisions requested in submissions lodged regarding
Landform 7 (forest and bush areas) land unit of the Proposed Auckland City District
Plan: Hauraki Gulf Islands Section 2006.
The report recommends whether submissions should be accepted or rejected and
how associated further submissions should be dealt with, and how the Plan should
be modified as a result. These recommendations are made prior to the hearing of
submissions and therefore without the benefit of evidence which may be presented
at that time. At this stage before the hearing, it is recommended that this part
of the Plan be approved, with amendments (as outlined in appendix 3), for
the reasons outlined in this report.
| |
Name and title of signatories |
Signature |
| Author |
Deborah Kissick, Planner |
|
| Reviewer |
Megan Tyler, Manager: Islands
|
|
| Approver |
Penny Pirrit, Manager: City Planning |
|
Appendix 1
List of submissions and further submissions
Appendix 2
Summary of decisions requested
Appendix 3
Recommended amendments to the Plan
