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District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Hearing reports index

Report on submissions to the Auckland City District Plan: Hauraki Gulf Islands Section � Proposed 2006

Topic:	Part 14 - Definitions
Report to:	The Hearing Panel
Author:	Katherine Dorofaeff
Date:	25 September 2008
Group file:	314/274032

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to part 14 - Definitions 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 part 14 - Definitions. This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions. Further submissions are not specifically addressed but are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's decisions will be released after all the hearings to the Plan have been completed.

2.0 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the submissions. In preparing this report the submissions and, in particular, the decisions requested in the submissions, have been considered in light of the relevant statutory matters. These were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W 047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

The objectives of the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1).
The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
4. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

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

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

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

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

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

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

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

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

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

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

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

(iii) the maintenance of indigenous biological diversity:

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

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

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

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

3.0 Background

This section of the report sets out background information about the topic under consideration. Part 14 is found at the end of the text portion of the Plan and its purpose is to provide definitions of words and terms used elsewhere in the Plan. Part 14 contains the following information:

a list of abbreviations used in the Plan
definitions of terms used in the Plan
definitions from the RMA.

It is important that the definitions contained in part 14 are written in a clear and robust manner as these definitions are integral to determining the scope and application of provisions in other parts of the Plan. Definitions are used to give a standard meaning to certain words and phrases used in the Plan.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about part 14 and recommends how the panel could respond to the matters raised and decisions requested in submissions. 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.

The submissions are addressed under subject headings. The various sections of the report deal with submissions about definitions relating to the following matters:

4.2 Residential activities

4.3 Buildings and development controls

4.4 Rural activities

4.5 Retail, commercial and / or industrial activities

4.6 Ecological and environmental matters

4.7 Educational and community activities

4.8 Site

4.9 Transport

4.10 Hazardous facilities

4.11 Network utilities

4.12 Other definitions

4.13 Other matters.

A list of the submissions which raise issues about part 14 together with the related further submissions is contained in appendix 1. Appendix 2 contains the summary of the decisions requested by the submissions considered in this report. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 3.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', ie they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007). All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

4.2 Submissions about definitions relating to residential activities

Submissions dealt with in this section: 821/40, 1127/15, 1280/5, 1280/6, 1552/3, 1552/4, 2096/4, 3521/145, 3703/2, 3704/1, 3705/1, 3718/1, 3718/2, 3843/1, 3843/2

4.2.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

accessory building
dwelling
home occupation
residential uses
accommodation for care.

One new definition is sought - for 'minor household unit'.

4.2.2 Planner's analysis and recommendations

4.2.2.1 Dwellings, accessory buildings and sleepouts

Relevant definitions in part 14

The terms accessory building, dwelling, household unit, residential accessory building, residential uses and sleepout are defined in part 14 of the Plan as follows:

" Accessory building means either:

A building which is used in a way which is incidental to the use of another building or buildings on the site; or
A building which is used in a way which is incidental to a permitted activity on the site."

" Dwelling means a building or a cluster of buildings, a room or group of rooms used or designed to be used exclusively by one or more people as a separate household unit.

Sleepouts must be treated as a building forming part of a dwelling rather than as an accessory building."

" Household unit means a separate housekeeping unit consisting of any one of the following:

One person; and up to five other people unassociated with the household.
Two or more people related by blood, marriage (whether legal or defacto), civil union, adoption or legal guardianship; and up to five other people unassociated with the household.
A group of not more than eight people unrelated by blood, marriage whether legal or defacto, civil union, adoption or legal guardianship.

It includes any of the normal domestic household activities which may occur on the site."

" Residential accessory building means an accessory building which is either:

Incidental to the use of a dwelling on a site; or
Incidental to the residential use of a site.

It may include a garage or carport, a shed, a workshop, an office, a building used for a home occupation, a recreation room, a spa pool or swimming pool.

It does not include any of the following:

a sleepout or other buildings that generally form part of a dwelling
a building which contains a kitchen sink or dishwashing facility."

" Residential uses means any use of land or buildings for a dwelling or for uses ancillary or incidental to a dwelling."

" Sleepout means a building which contains a bedroom or bedrooms. It may include bathroom and toilet facilities. It does not contain a kitchen sink or dishwashing facility.

A sleepout must be treated as a building forming part of a dwelling rather than as an accessory building."

It is important that the Plan include robust definitions of these terms so that the relationship between these buildings and uses is clear.

Submissions 821/40, 1280/5 and 6, 3843/1 and 2

Submission 821/40 believes that sleepouts should not form part of dwelling. Submission 1280/5 opposes the definition of dwelling as it relates to sleepouts. Similarly submission 1280/6 opposes the definition of accessory building in its exclusion of sleepouts. Submission 3843/1 seeks to amend the definition of sleepout by replacing the words "it does not contain a kitchen sink or dishwashing facility" with "it does not contain a kitchen with full cooking facilities". Similarly, submission 3843/2 seeks to amend the definition of dwelling to make it clear that a sleepout with a sink for tea/coffee making does not constitute a dwelling.

Residential accessory buildings

The Plan provides for residential accessory buildings which are incidental to the use of a dwelling on a site or incidental to the residential use of a site. Residential accessory buildings may include garages, carports, sheds, workshops, buildings used for a home occupation, recreation rooms, spa pools or swimming pools or other similarly incidental uses. It does not include a sleepout.

None of the land units or settlement areas which provide for residential accessory buildings have any specific development controls, such as more restrictive size or height limits, for accessory buildings. Rather the same development controls apply to both residential accessory buildings and dwellings. Neither is there any requirement for a residential accessory building to be located close to or clustered with the dwelling. This allows people a considerable degree of flexibility in the arrangement and use of residential accessory buildings.

The key characteristic of accessory buildings is their incidental nature. The Plan does not intend that they be used to provide self-contained residential accommodation. It is for this reason that the definition of residential accessory building specifically excludes "a building which contains a kitchen sink or dishwashing facility". It is considered that the addition of a kitchen is the key factor which makes a building self-contained and causes it to fit within the definition of dwelling rather than accessory building. The Plan makes limited provision for multiple dwellings.

Sleepouts

The Plan does not treat sleepouts as accessory residential buildings but considers them to be part of the dwelling. As such they must be located within a cluster of buildings which form the dwelling. The approach of treating sleepouts as part of the dwelling rather than as a residential accessory building has been carried through from the operative Plan.

The key characteristic of sleepouts is that they form part of a dwelling, though they can be in a separate building. The Plan does not intend that they be used to provide self-contained residential accommodation. It is for this reason that the definition of sleepout specifically excludes 'a building which contains a kitchen sink or dishwashing facility'. As noted above, it is considered that the addition of a kitchen is the key factor which makes a building self-contained and causes it to be an additional dwelling, rather than just part of a cluster of buildings which together form one dwelling. The Plan makes limited provision for multiple dwellings.

Kitchen facilities

Submissions 3843/1 and 3843/2 suggest that the definitions for dwelling and sleepout should be amended so that a sleepout is allowed to include some kitchen facilities (such as a sink for tea / coffee making) but not full kitchen facilities. The difficulty with this approach is that once a sleepout has a sink and an nearby power point suitable for a microwave or bench top oven, it is effectively a fully self-contained unit with full kitchen facilities. It is therefore recommended that these submissions be rejected.

Requirement for sleepout to be clustered as part of the dwelling

In its supporting reasons submissions 1280/5 and 6 suggest that sleepouts do not need not adjoin or be in the immediate vicinity of the dwelling. The submitters' concerns particularly relate to a landform 6 (regenerating slopes) property in Arran Bay. The property is 2.5ha in area. It appears that the concerns raised in these submissions would be satisfied if sleepouts were treated as accessory buildings rather than as part of the dwelling. This would remove the requirement for sleepouts to clustered with the other buildings forming part of the dwelling.

The purpose of requiring sleepouts to be clustered as part of the dwelling, is to avoid the visual effects associated with a proliferation of buildings scattered over the landscape. However the Plan does not require accessory buildings to be clustered.

Another reason for requiring sleepouts to be clustered, is that they are not self-contained and therefore should be reliant on the facilities (partly kitchen facilities) provided elsewhere in the dwelling. It is noted that the definition of dwelling refers to 'a building or a cluster of buildings'.

Recommendation

At this stage no amendments are recommended to the definitions of sleepout, dwelling, and accessory building in response to these submissions. It is therefore recommended that submissions 821/40, 1280/5, 1280/6, 3843/1 and 3843/2 be rejected.

Submission 2096/4

Submission 2096/4 seeks to amend the definition of dwelling by adding a third sentence as a new paragraph as follows:

"It also includes the use of land for uses ancillary or incidental to a dwelling."

This submission was lodged by the council with the aim of clarifying that where the Plan provides for dwellings, it envisages the residential use of the land surrounding the dwelling. This proposed amendment is to give effect to the clear intent of the Plan and avoid any uncertainty. It is therefore recommended that submission 2096/4 be accepted.

4.2.2.2 Proposed new definition - minor household unit

Submission 1127/15 seeks to include a new definition of minor household unit as follows:

"means one building built for residential activity of not more than 75m ² in gross floor area (excluding any garaging for motor vehicles) which is associated with an existing dwelling on the same site."

With the exception of the size limit, this is the same definition as is used in the Waitakere City District Plan. The Waitakere Plan limits the gross floor area to 65m ².

Another subpart of this submission (ie 1127/14) seeks to provide for minor residential units in island residential 1 (traditional residential). That request has been considered in the hearing report for the island residential land units. That report recommended that the submission be rejected. There are also other submissions which seek to provide for granny flats in island residential 1 ( 821/23) and for minor dwellings in rural 2 ( 1285/24 and 1286/72). The hearing report for island residential 1 recommended that submission 821/3 be rejected. A similar recommendation is anticipated for rural 2.

At this stage it is not envisaged that minor household units will be provided for in the Plan and the definition is not required. The submission should therefore be rejected.

4.2.2.3 Home occupation

Definition of home occupation in part 14

Home occupation is defined in part 14 as follows:

" Home occupation means the commercial use of a site for craft, occupation, business, trade or profession which is secondary and incidental to the use of the site for residential purposes.

The home occupation must meet all of the following:

Be carried out by a person who lives on the site.
Be carried out either wholly within the dwelling or within a residential accessory building. However fruit and vegetables used for the home occupation may be grown outdoors.
Employ no more than one full-time equivalent employee who does not live on the site.
No goods can be sold, or displayed for sale, on the site other than:
1. Goods made on the site; or
2. Fruit, vegetables or other natural products grown on the site.
Generate or cause no objectionable noise, smoke, smell, effluent, vibration, dust or other noxious or dangerous effects on the environment.
Generate no significant increase in traffic when compared with the traffic that could otherwise be generated from reasonable residential use of the site.
Include no exterior display, other than a single sign that complies with the council's bylaw about signs, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the site or the neighbourhood.

None of the following activities may be undertaken as a home occupation:

the boarding of cats, dogs or other animals
storage or sorting of any bottles, scrap or other waste materials
fish, meat or animal by-product processing
panel beating
vehicle wrecking
spray painting
non-residential vehicle storage
sheet metal work
heavy engineering
engine reboring or crankshaft grinding
boat, caravan or motor vehicle building.

These exclusions do not prevent the people who live in the dwelling from carrying out the normal maintenance and repair of domestic equipment (including motor vehicles) they own and use."

Provision for home occupations in the Plan

The Plan provides for home occupations as a separately listed activity in the following land units or parts of settlement areas:

Land unit or settlement area	Activity status for home occupations
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)	Permitted
Island residential 1 (traditional residential) Island residential 2 (bush residential)	Permitted
Commercial 2 (Ostend village)	Permitted
Rural 1 (rural amenity) Rural 2 (western landscape) Rural 3 (Rakino amenity)	Permitted
Conservation	Permitted
Pakatoa - tourist complex area and residential area	Permitted
Residential amenity areas (all nine settlement areas)	Permitted
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas)	Permitted - on existing sites with an established residential use
Headland protection area (Tryphena settlement area)	Permitted
Reserve, dune, coastal margin and wetland conservation areas (Tryphena, Medlands, Claris and Okupu settlement areas)	Permitted
Claris light industry area (Claris settlement area)	Permitted - on existing sites with an established residential uses

Wastewater generation

Submission 3521/145 (from the ARC) seeks to amend the definition of home occupation to include a constraint on wastewater generation such as:

"Generate no increase in volume or change in character of the domestic wastewater discharged into the on-site wastewater system beyond the system's design capacity and not generate any trade or industrial waste for on-site disposal (other than compost waste from food preparation or processing within the scale of domestic production)."

It is considered that such a condition is not justified as wastewater issues will already be adequately addressed by ARC requirements, the council's bylaw on wastewater, and the Building Act. It is therefore recommended that the submission be rejected.

Human sexual services

Submission 3704/1 seeks to amend the definition to exclude 'the sale of human sexual services', by adding this to the list of activities which may not be undertaken as a home occupation.

The definition of 'home occupation' currently contained in part 14 would permit 'the sale of sexual services' if the seven criteria listed within the definition were met. The seven criteria are intended to ensure that the home occupation is of a scale and character which is secondary and incidental to the use of a site for residential purposes. Any brothel (a premises kept or habitually used for the purposes of prostitution) which did not fit within the definition of a home occupation would be treated as 'retail premises' under the Plan.

The definition of home occupation does list some activities which may not be undertaken as a home occupation. The definition states that none of the following activities may be undertaken as a home occupation:

"the boarding of cats, dogs or other animals
storage or sorting of any bottles, scrap or other waste materials
fish, meat or animal by-product processing
panel beating
vehicle wrecking
spray painting
non-residential vehicle storage
sheet metal work
heavy engineering
engine reboring or crankshaft grinding
boat, caravan or motor vehicle building."

The types of activities listed are ones which by their very nature are likely to have adverse effects such as noise, fumes or smell or are likely to store materials in an unsightly manner. It is therefore anticipated that these activities would have difficulty complying with criteria 5 and 6 of the home occupation definition. Submission 3704/1 seeks to add 'the sale of human sexual services' to this list of excluded activities. It is acknowledged that some residents would be opposed to the sale of the human sexual services as they would consider it to be inappropriate for moral or social reasons. However, it is considered that 'the sale of human sexual services' is not an activity which can justifiably be included on the list of excluded activities contained in the definition of home occupation. It is therefore recommended that submission 3704/1 be rejected.

If the council wishes to restrict brothels, including small owner-operated brothels, to a greater extent than occurs through the Plan, then the appropriate approach is by means of a bylaw. Following the introduction of the Prostitution Reform Act 2003, the council introduced a bylaw to control brothels and commercial sex premises. However the part of the bylaw relating to the location of brothels (section 30.3) was ruled invalid by the High Court on 14 March 2006 and is therefore no longer in force. It is expected that the council will be proposing new bylaw controls on the location of brothels in due course.

Retail dairy, tourist shops and micro restaurants

Submission 3718/1 seeks to add retail dairy, tourist shops and micro-restaurants to the definition of home occupation. Submission 3718/2 seeks to define micro-restaurants as meals for 3 to 5 people available in a residential home for a fee.

Submission 3703/2 seeks to encourage the provision of retail dairy, and tourist shops in the various communities and states that this is prohibited under the home occupation rule. The submission seeks to add retail dairy type activities, presumably to the definition of home occupation.

The definition of home occupation limits selling from the site by stating that no goods can be sold or displayed for sale on the site unless they are made or grown on the site. A retail dairy clearly does not meet this criteria. A tourist shop could be carried out as a home occupation if it sold goods made on the site and did not generate a significant increase in traffic when compared with the traffic that could otherwise be generated from a residential use of the site. Similarly, depending on scale, a micro-restaurant could fit within the definition of home occupation. For this reason it is not necessary to separately define micro-restaurant in the Plan, or to specifically refer to it in the definition of home occupation.

It is considered that a retail dairy is not an appropriate activity to be provided for as a home occupation. By its very nature, any commercially successful dairy is likely to involve significant amounts of traffic occurring over much of the day, including weekends. This would include delivery vehicles as well as customers' vehicles. A dairy also requires advertising and signage and the building used for the activity is unlikely to remain residential in appearance. The Plan does provide for dairies as a separately listed activity in the following land units and settlement areas:

Land unit or settlement area	Activity status for dairies
Island residential 1 (traditional residential) Island residential 2 (bush residential)	Restricted discretionary
Rural 3 (Rakino amenity)	Discretionary
Residential amenity areas (Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy and Aotea settlement areas)	Discretionary
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas) [1]	Permitted
Visitor accommodation area (Whangaparapara settlement area)	Permitted
Claris light industry area (Claris settlement area)	Permitted

Retail premises, which would include dairies, are provided for in the following land units and settlement areas:

Land unit or settlement area	Activity status for retail premises
Commercial 1(Oneroa village) Commercial 2 (Ostend village) Commercial 3 (local shops) Commercial 5 (industrial)	Permitted
Matiatia - mixed use area	Permitted
Conservation	Discretionary
Pakatoa - tourist complex area	Permitted
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas)	Permitted
Visitor accommodation area (Whangaparapara settlement area)	Discretionary
Claris airport area (Claris settlement area)	Permitted

It is recommended that submissions 3718/1, 3718/2 and 3703/2 be rejected.

4.2.2.4 Residential uses

Definition of residential uses in part 14

Residential uses is defined in part 14 as follows:

" Residential uses means any use of land or buildings for a dwelling or for uses ancillary or incidental to a dwelling."

Exclusion of brothels or sale of human sexual services

Submission 3705/1 seeks to amend the definition of residential uses by adding "This does not include brothel or the sale of human sexual services." As noted in section 4.2.2.3above, a brothel, or the sale of human sexual services, could be undertaken from a residential property as a home occupation if the seven criteria set out in the definition of home occupation were complied with. Home occupations are, by definition, secondary and incidental to the use of the site for residential purposes. For this reason, it is not considered appropriate to amend the definition of residential uses in the manner sought by this submission. It is recommended that this submission be rejected.

As also noted above, if the council wishes to restrict brothels, including small owner-operated brothels, to a greater extent than occurs through the Plan, then the appropriate approach is by means of a bylaw.

4.2.2.5 Accommodation for care

Definition of accommodation for care in part 14

Accommodation for care is defined in part 14 as follows:

" Accommodation for care means land or buildings used or designed to be used for residential accommodation by five or more people (exclusive of the manager and the manager's family) where:

Live-in management, care and support are provided to the residents; and
The accommodation is not used by members of the travelling public or by people required by law to live in particular premises.

This may include any of the following:

emergency housing, refuge centres, and halfway houses
accommodation for people who for mental or physical health reasons require management, care and support.

It does not include healthcare services"

Provision for accommodation for care in the Plan

The Plan provides for accommodation for care in the following land units and settlement areas:

Land unit or settlement area	Activity status for accommodation for care
Landform 3 (alluvial flats)	Discretionary
Island residential 1 (traditional residential) Island residential 2 (bush residential)	Permitted
Commercial 1 (Oneroa village) Commercial 2 (Ostend village) Commercial 3 (local shops)	Discretionary
Residential amenity areas (Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy and Aotea settlement areas)	Permitted
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas)	Discretionary

Submissions 1552/3 and 1552/4

Submission 1552/4 seeks to rename 'accommodation for care' as 'community housing' and submission 1552/3 seeks to amend the definition to the following:

"means land or buildings used or designed to be used for residential accommodation ~~by five or more people (exclusive of the manager and the manager's family)~~ where :

~~1. Live-in management,~~ care and support are provided to the residents ~~; and~~ by resident caregivers and/or non-resident caregivers.

~~2. The accommodation is not used by members of the travelling public or by people required by law to live in particular premises.~~

This may include any of the following:

emergency housing, refuge centres, and halfway houses
accommodation for people who for mental or physical health reasons require management, care and support.

~~It does not include healthcare services"~~

These submissions are from Housing NZ.

Accommodation for care v community housing

In their submission, Housing NZ seek that the term 'community housing' be used as this is the term commonly used in social services to refer to housing provided for at risk members of the community.

It is not clear that the term 'community housing' is the most appropriate name for the type of housing envisaged by this definition. Community housing appears to be a term used to also refer to low income housing, or for housing provided by the 'third sector' (ie neither privately held or owned by the state).

At this stage it is recommended that the name 'accommodation for care' be retained and that submission 1552/4 be rejected accordingly.

A minimum of five people

In their submission, Housing NZ seek that the reference to 'five or more people' be removed as the infrastructure constraints found on most sites within the HGI often limits the number of people that can be accommodated on site. The submission states that by requiring a minimum of five people, the number of sites available for this activity would be limited.

The reference to five or more people is included as it is envisaged that where there are smaller numbers the activity is likely to fit within the definition of dwelling and its associated definition of household unit. Dwellings are provided for more liberally in the Plan than accommodation for care. The amendment suggested by the submitter therefore actually makes the definition more restrictive in terms of providing for this type of housing. It is therefore recommended that this aspect of the definition be retained.

On-site manager

In their submission Housing NZ seek that the reference to an on-site manager be excluded as not all such housing projects require a caregiver / manager to live on site. Housing NZ instead suggest that the definition should refer to care and support provided by resident caregivers and/or non-resident caregivers.

The reference to an on-site manager is included as this definition is seeking to provide for residential activities which do require that level of support. If an on-site manager is not required, then depending on numbers, the activity is likely to fit within the definition of dwelling or boarding house. It is therefore recommended that this aspect of the definition be retained.

It is further noted that the wording suggested by the submitter is very broad and may apply to significant numbers of people who are assisted to stay in their own homes by means of support provided by relatives, district nurses, meals on wheels, community mental health workers, homecare agencies and other similar caregivers.

Excluding the travelling public

In their submission, Housing NZ seek that the reference to "not used by members of the travelling public" be removed because it is not necessary to define all the activities that this is not, and permitted accommodation for the travelling public has been adequately defined elsewhere in the Plan.

It is accepted that this statement is not needed and can be removed from the definition.

Excluding people required by law to live in a particular premise

In their submission, Housing NZ seek that the reference to "not used ... by people required by law to live in particular premises" be removed as it unfairly restricted potential users of such accommodation, such as asylum seekers (who are conditionally released into the community and must live at an agreed location).

Inclusion of this wording was intended to clarify that the definition did not apply to some of the more controversial types of residential accommodation such as facilities for violent youth offenders. Given the concerns highlighted by this submission, it is accepted that the wording may be unfairly restrictive. In addition it may be difficult for the council to justify excluding particular types of people on the basis of safety or social concerns. This aspect of the submission 1552/3 should be accepted.

Excluding healthcare services

It is not clear whether or not the submission seeks to delete the words "It does not include healthcare services". It seems likely that this matter has simply been overlooked in the submission as no specific comments are made on it. However it is recommended that these words are retained, as it is intended to distinguish accommodation for care from healthcare services such as hospitals or rehabilitation clinics.

Conclusion

It is recommended that submission 1552/3 be accepted in part and that the definition of accommodation for care be amended as follows:

"means land or buildings used or designed to be used for residential accommodation by five or more people (exclusive of the manager and the manager's family) where :

~~1. L~~ live -in management, care and support are provided to the residents ~~; and~~

~~2. The accommodation is not used by members of the travelling public or by people required by law to live in particular premises.~~

This may include any of the following:

emergency housing, refuge centres, and halfway houses
accommodation for people who for mental or physical health reasons require management, care and support.

It does not include healthcare services"

Planner's recommendations for submissions about definitions relating to residential activities

That submissions 821/40, 1127/15, 1280/5, 1280/6, 1552/4, 3521/145, 3703/2, 3704/1, 3705/1, 3718/1, 3718/2, 3843/1, 3843/2 be rejected.
That submission 2096/4 be accepted and the Plan be amended accordingly as set out in appendix 3
That submission 1552/3 be accepted in part to the extent that it supports the amendments set out in appendix 3.

4.3 Submissions about definitions relating to buildings and development controls

Submissions dealt with in this section: 39/1, 41/1, 52/1, 518/2, 518/7, 618/154, 618/155, 618/156, 619/100, 619/103, 753/2, 753/12, 753/13, 754/110, 754/113, 821/12, 821/36, 821/37, 836/2, 836/6, 836/7, 859/109, 859/112, 1101/113, 1101/114, 1101/115, 1101/117, 1103/2, 1125/5, 1127/9, 1190/2, 1190/12, 1190/13, 1282/6, 1282/9, 1285/1, 1285/28, 1286/6, 1286/80, 1286/84, 1287/123, 1287/127, 1288/153, 1288/157, 1289/122, 1289/123, 1289/124, 1289/126, 1348/2, 1362/2, 1374/2, 1383/2, 1415/2, 1435/2, 1448/2, 1452/2, 1460/2, 1475/2, 1570/2, 1587/2, 1587/3, 1897/2, 1910/2, 1918/2, 1928/2, 1942/2, 1946/2, 1974/2, 2096/5, 2096/6, 2197/2, 2210/2, 2226/2, 2245/2, 2262/2, 2306/2, 2317/2, 2392/2, 2425/2, 2441/2, 2444/2, 2458/2, 2478/2, 2641/73, 2670/99, 2670/102, 2745/2, 2878/7, 2878/81, 2878/85, 3610/2, 3681/2, 3693/1, 3697/1, 3751/2, 3777/2, 3802/2

4.3.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

building coverage
earthworks
ground level
impervious surface
minor additions and alterations to a building
significant ridgeline area.

Three new definitions are sought for:

indigenous vegetation
integration
ridgeline.

4.3.2 Planner's analysis and recommendations

4.3.2.1 Minor alterations and additions to a building

Submission 2641/73 from the NZ Historic Places Trust seeks to amend the definition of 'minor alterations and additions to a building' to say the following or similar:

" Minor alterations and additions to a building means any of the following (unless the property is contained within the 'Schedule of buildings, objects, properties and places of special value') :

Constructing an uncovered deck of natural or dark stained timber. The deck must comply with the development controls for the land unit or settlement area.
Changing or putting in windows or doors in an existing building.
Changing existing materials or cladding with other materials or cladding of the same colour."

In most land units and in some parts of settlement areas, a resource consent is required for the construction and / or relocation of a building or for alterations and/or additions to the exterior of a building. However clause 4.3(2)(b) makes it clear that minor alterations and additions (as defined in part 14) to the exterior of existing buildings is a permitted activity in all land units and settlement areas.

The amendment sought by NZ Historic Places Trust appears to be seeking to clarify the relationship between clause 4.3(2)(b) and the requirements in clause 7.9.4 Rules for buildings, objects, properties and places of special value. Clause 7.9.4.1 sets out the permitted activities in relation to any category A and B scheduled buildings, objects, properties or places of special value. It includes the following:

"1. Any of the following works undertaken with similar materials and appearance (including colours) to when the scheduled item was established:

redecoration
maintenance
repair.

...

3. In relation to scheduled site surrounds, routine maintenance including all normal work required to use, maintain, and enjoy existing garden or landscape features or structures and to make minimal modifications or additions to these features or structures (but excluding substantial new structures, buildings or excavations).

..."

It is considered that rather than amending the definition, the intent of the submission would be better met by amending clause 4.3(2)(b) to read as follows:

"b. Minor alterations and additions (as defined in part 14 - Definitions) to the exterior of existing buildings is a permitted activity in all land units and settlement areas.

Note: If a building is scheduled as a building, object, property or place of special value, then the additional rules in clause 7.9.4 will also apply to minor alterations and additions."

It is therefore recommended that submission 2641/73 be accepted in part.

4.3.2.2 Building coverage

Definition of building coverage in part 14

Building coverage is defined in part 14 as follows:

" Building coverage means the extent or proportion of the net site area which is covered by buildings or parts of buildings.

It includes any of the following:

any parts of the eaves, spouting or bay windows which project more than 1m measured horizontally from an exterior wall
overhanging and cantilevered parts of buildings.

It does not include any of the following:

pergolas with a permanently open roof
parking below ground level with landscaping above which includes soil of sufficient depth to allow drainage
earthen terracing
satellite dishes
tanks used for collecting and storing rainwater for reuse on the site.

Maximum building coverage may be defined as an area (such as in m ²) or as a proportion (such as a percentage) of the net site area depending on the requirements of the Plan."

Controls on building coverage in the Plan

The definition of building coverage relates to the controls on building coverage found in clause 10c.4.5 of the Plan. The accompanying explanation is as follows:

" Explanation

The principal reason for controlling building coverage on a site is to limit the scale and intensity of development. Buildings which do not comply with the building coverage control can appear overly dominant, adversely affecting amenity values and reducing the character of an area. Building coverage controls also assist in maintaining an adequate area for on-site effluent disposal and in conjunction with impervious surface controls ensure that the adverse environmental effects from stormwater runoff are avoided. Limiting building coverage also maintains an appropriate level of private open space and provides opportunities for the planting of vegetation around buildings."

Tables 10c.1 to 10c.6 set out the building coverage requirements for the various land units and settlement areas.

Earth buildings and wall thickness

Submission 39/1 seeks to amend the definition of building coverage to exempt the excess wall thickness (over 100mm thick), when the excess thickness is caused by use of any material specified in NZS 4298:1998 Materials and Workmanship for Earth Buildings. The submission refers to the use of straw and hay bale, lightweight aerated concrete and autoclaved aerated concrete, telephone books, other solid wall construction where on a case by case basis the council determines it meets the spirit of the above, but is not listed.

Earth buildings are likely to have thicker walls than standard buildings and this will make it more difficult for proposals to comply with the building coverage controls of part 10c. An earth building with the same internal floor space as a standard building is expected to have a larger gross floor area owing to the width of the walls.

It is accepted that a well constructed earth building can be a more sustainable type of building design. However, the main purpose of the building coverage control is to limit the scale and intensity of development. It is therefore not appropriate to automatically allow larger buildings in circumstances where the type of building method used results in thicker walls. Clause 10c.3.1 does provide for development control modifications, such as additional building coverage, as a discretionary activity. This enables a proposal to be considered on its merits and is a more appropriate approach than allowing an automatic exception. It is therefore recommended that submission 39/1 be rejected.

The submission refers to a New Zealand standard, NZS 4298:1998 Materials and Workmanship for Earth Buildings. It is noted that this standard has not been incorporated by reference as provided for in part 3 of schedule 1 of the RMA. For this reason, there would be legal difficulties in using this standard to determine compliance with a rule in the Plan.

Earth buildings and eave width

Submission 41/1 seeks to amend the definition to say that eaves which comply with NZS 4299:1998 Earth Buildings not Requiring a Specific Design, do not count as building coverage and for comparable methods not cited in the standard, such as straw bale, that the council has the discretion to evaluate on a case by case basis, and exempt when the principle is the same.

The definition of building coverage includes "any parts of the eaves, spouting or bay windows which project more than 1m measured horizontally from an exterior wall". In its supporting reasons, submission 41/1 suggests that under NZS 4299, a normal 2.7m high single floor building could need a 2.7m wide eave, which means that 1.7m of the eave counts as building coverage. The submission therefore asks that eaves which comply with NZS 4299 should be exempt from building coverage.

As noted above, the main purpose of the building coverage control is to limit the scale and intensity of development. It is therefore not appropriate to automatically allow additional building coverage in circumstances where the type of building method used results in wider eaves. Clause 10c.3.1 does provide for development control modifications, such as additional building coverage, as a discretionary activity. This enables a proposal to be considered on its merits and is a more appropriate approach than allowing an automatic exception. It is therefore recommended that submission 41/1 be rejected.

The submission refers to a New Zealand standard, NZS 4299:1998 Earth Buildings not Requiring a Specific Design. It is noted that this standard has not been incorporated by reference as provided for in part 3 of schedule 1 of the RMA. For this reason, there would be legal difficulties in using this standard to determine compliance with a rule in the Plan.

Water tanks and retained earth

Submissions 518/2, 753/2, 836/2 and 1190/2 support that water tanks are no longer part of building coverage. Submission 821/37 supports that water tanks and retained earth are not included in building coverage.

It is recommend these submissions be accepted. They support the exclusion of "tanks used for collecting and storing rainwater for reuse on the site" from the definition of building coverage and submission 821/37 also supports the exclusion for earthen terracing.

It is noted that the definition of lot coverage in the Operative Plan does not exempt water tanks and only exempts earthen terracing where it has landscaping above of sufficient depth to allow drainage.

Gross v net site area

Submission 1103/2 seeks amendments so that building coverage is calculated over the gross site area.

In the Proposed Plan, building coverage is measured in relation to net site area rather than gross site area. Gross site area means the total area of a site. Net site area is calculated by deducting the area of the entrance strip from gross site area. An entrance strip is the narrow part of the site which provides vehicle access to a rear site. The terms 'entrance strip', 'net site area' and 'gross site area' are further defined in part 14.

In the Operative Plan, lot coverage (which is similar to building coverage) is measured in relation to gross site area. Submission 1103/2 seeks to return to this type of approach and have building coverage measured in relation to gross site area rather than net site area.

As noted above, the principal reason for controlling building coverage on a site is to limit the scale and intensity of development. The scale and intensity of building development on a site is generally perceived in relation to net site area ie the land around the dwelling. The fact that a rear site has a long entrance strip does not serve to mitigate the impact of a large building on balance area of the site (ie the net site area). It is therefore recommended that this submission be rejected.

Impermeable surfaces

Submission 3693/1 seeks that lot size definition (lot coverage) should include all impermeable surfaces.

It is considered that the intent of this submission is already met by the impervious surface area controls found at clause 10c.4.9 of the Plan. This control places limits on the total amount of impervious surface on a site. The definition of impervious surface in part 14 includes roofed areas, as well as concrete and paving. It is therefore recommended that 3693/1 be rejected to the extent that it seeks amendments to the building coverage definition.

4.3.2.3 Impervious surface

Definition of impervious surface in part 14

Impervious surface is defined in part 14 as follows:

" Impervious surface means a surface which prevents water from passing into the ground.

It includes any of the following:

roofed areas
concrete and paving
driveway and parking areas
decking
any pool or tank (other than tanks used for collecting and storing rainwater for reuse on the site).

It does not include any of the following:

eco pavers or gobi blocks (unless used for driveway and parking areas)
paths under 1m in width
tanks used for collecting and storing rainwater for reuse on the site.

Maximum impervious surface may be defined as an area (such as in m ²) or as a proportion (such as a percentage) of the net site area depending on the requirements of the Plan."

The rules that limit impervious surface area are contained in clause 10c.4.9 of the Plan.

Decking

Submissions 518/7, 753/12, 836/6 and 1190/12 suggest that if decking with gaps between the decking is used, it should not be included in impervious surface. Submission 821/12 suggests that the gaps should be 5mm wide.

It is recommended that these submissions be accepted and the definition of impervious surface be amended to exclude decks where there is a 5mm gap between the boards. It is accepted that because such decks allow water to pass into the ground, they are not truly impervious.

The definition of impervious surface should therefore be amended as follows:

" Impervious surface means a surface which prevents water from passing into the ground.

It includes any of the following:

...

decking where there is not a gap of at least 5mm between the boards

...

It does not include any of the following:

...

decking where there is a gap of at least 5mm between the boards

..."

Water tanks

Submissions 518/7, 753/13, 821/36, 836/7 and 1190/13 support that water tanks are not included in impervious surface.

It is recommended that these submissions be accepted as they support the fact that the definition of impervious surface excludes tanks used for collecting and storing rainwater for reuse on the site.

Relationship with building coverage

Submission 2096/6 seeks to amend the definition of impervious surface by inserting, after the first five bullet points, the following sentence:

"It includes areas which also fit within the definition of building coverage."

This submission was lodged by the council and is intended to clarify the relationship between building coverage and impervious surface. During the submission period of the Plan, feedback was received from council planners at the service centre asking that the relationship between impervious surface and building coverage be made more explicit. The definition of impervious surface includes roofed areas, and those roofed areas (with the exception of 1m wide eaves) will also be included in building coverage.

It is recommended that submission 2096/6 be accepted and that the definition be amended accordingly.

4.3.2.4 Earthworks

Definition of earthworks in part 14

Earthworks is defined in part 14 of the Plan as follows:

" Earthworks means earthmoving operations.

It does not include quarrying, blasting, or rock drilling.

Earthworks otherwise includes any of the following:

The disturbance of land surfaces by:
1. moving, removing, placing or replacing earth (including soil, clay, sand and rock); or
2. excavation, contouring, cutting or filling operations.
Digging trenches for utility services or effluent disposal systems.
Cleanfill operations involving the depositing of soil or earth onto or into land, and not including material subject to biological breakdown."

Earthworks controls in the Plan

The development controls applying to earthworks are contained clause 10c.5.6 of the Plan. More restrictive earthworks controls may apply where there is a scheduled item (see part 7 - Heritage), a protection yard (see clause 10c.5.7), or where the natural hazards provisions apply (see part 8 - Natural hazards).

Submissions 618/154 etc

Submissions 618/154, 619/103, 754/113, 859/112, 1101/113, 1285/28, 1286/84, 1287/127, 1288/157, 1289/122, 2670/102, 2878/85 state that a definition of earthworks should be included to avoid debate and misinterpretation. That definition should address maintenance of existing access (excluded).

As noted above, there is already a definition of earthworks in the Plan. These submissions suggest that the definition should address the maintenance of existing access. It is considered that the rules in clause 10c.5.6 provide adequately for maintenance of existing access. In some instances, maintenance work will be able to be accommodated as a permitted activity. Larger scale maintenance will require a consent. It is recommended that these submissions be rejected.

Provision for low impact coastal walking tracks

Submission 1282/9 seeks to exclude any low impact coastal walking track formation from the definition of earthworks.

The request that the formation of low impact coastal walking tracks be excluded from the definition of earthworks is not supported and it is recommended that this submission be rejected. Where these activities involve land disturbance, they should be subject to the earthworks controls in clause 10c.5.6 and the coastal protection yards in clause 10c.5.7. It is noted that other subparts of submission 1282/9 seek to increase the permitted activity threshold for earthworks ( 1282/11) and exclude the formation of low impact coastal walking tracks for the coastal protection yard requirements ( 1282/10). Those subparts have been considered in the hearing report on part 10c.

It is also noted that the conservation land unit provides for Department of Conservation ('DOC') walking tracks as a permitted activity (clause 10a.25.5). Clause 10a.25.6.1 further provides that earthworks associated with the construction of walking tracks and undertaken by DOC or DOC approved contractors in the conservation land unit are not required to comply with the standards in part 10c relating to earthworks.

4.3.2.5 Ground level

Submission 2096/5 seeks to amend the second sentence in the definition of ground level as follows:

" Ground level means the finished level of the ground at the time the council issued a completion certificate under s224c of the RMA for the most recent subdivision applying to the site. However where there has been no such subdivision since 18 September 2006, the ground level will be taken to be the finished level of the ground ~~on 18 September 2006~~ as shown in the contour information based on 'light detection and ranging technology' (LIDAR) and flown between September 2005 and February 2006."

The definition of ground level is used when determining the permitted height of a building, and in applying the building in relation to boundary control (see clause 10c.4.3).

This submission was lodged by the council. Following notification of the Plan, accurate and detailed contour lines for Auckland City (including the Hauraki Gulf islands) started to become available to the council. That information is based on 'light detection and ranging technology' (LIDAR). Due to its high level of accuracy, it is appropriate to use this data set as a reference point for determining ground level. It is therefore recommended that this submission be accepted.

4.3.2.6 Proposed new definition - indigenous vegetation

Submission 3697/1 seeks a definition for indigenous vegetation. In its supporting reasons the submission suggests that including such a definition may avoid disputes in the future.

There is merit in included a definition. It is therefore recommended that the submission be accepted and part 14 be amended to include the following definition:

Indigenous vegetation means vegetation of a species which occurs naturally in New Zealand or arrived in New Zealand without human assistance. It includes manuka and kanuka.

4.3.2.7 Proposed new definition - integration

Submissions 1101/117 and 1289/126 state that integration needs a definition where it relates to the rules for colour.

Use of the term 'integration' in the Plan

In order to consider this submission further it is useful to consider the manner in which the Plan uses the term 'integration', particularly in relation to the colour of buildings. The rule for colour are contained in clause 10c.4.8 Colours of building materials in settlement areas. The use of external building materials that do not comply with the colour requirements for a permitted activity, is a restricted discretionary activity. One of the matters of discretion for a restricted discretionary activity is "the integration of the building with the natural features in the surrounding landscape" (clause 10c.4.8.2). The explanation for the colour controls (clause 10c.4.8.3) includes the following sentence:

"...One of the main methods of achieving colours that integrate with the landscape is by a combination of higher levels of greyness and low reflectivity. ..."

The colour controls in clause 10c.4.8 do not apply directly in any of the land units. Rather clause 10c.4.8 is intended to set permitted activity standards for the colour of buildings in those parts of the settlement areas where the construction of new buildings including additions and alterations is otherwise permitted. In most of the land units, and in some parts of settlement areas, the construction of buildings including additions and alterations is a restricted discretionary activity. In those instances, and as set out in clause 11.5.2, one of the matters over which council has restricted its discretion is colour (except for in commercial 1 and 2). Clause 11.5.3 Applying the matters of discretion, refers to the following:

"Having an external colour that is integrated with the surrounding natural landscape. The council will refer to clause 10c.4.8 for guidance in assessing this matter."

(see clauses 11.5.3.1(2), 11.5.3.2(2), 11.5.3.3(2), 11.5.3.5(2), 11.5.3.6(2), 11.5.3.7(2), 11.5.3.8(2), 11.5.3.9(2), 11.5.3.10(5), 11.5.3.11(4), 11.5.3.12(3) and 11.5.3.13(2))

The term 'integrate' or 'integration' is also used in the Plan in the context of integrating new built development with existing development or into the surrounding environment or landscape. Some examples of this use of the term are:

"How to integrate network utility services within the landscape so that they do not detract from the quality of the visual environment and heritage values."

(clause 5.2(3))

"... Antennas on buildings should be located away from the primary building fa�ade and located in such a way so as to visually integrate with the building. ..."

(clause 5.8.1(b))

"By assessing the design and appearance of buildings to ensure that they are integrated with the natural environment."

(clause 10a.10.3.1(2))

"By ensuring that private development integrates with the coastal landscape through its design and minimises adverse effects on the coastal landscape."

(clause 10b.5.6.2(2))

"Whether the natural and physical environment has adequate physical capacity and capability to integrate development impacts associated with subdivision."

(clause 12.2(1))

Dictionary definitions

The Compact Oxford English Dictionary defines integrate and integration as follows:

"integrate

verb 1 combine or be combined to form a whole. 2 bring or come into equal participation in an institution or body. 3 Mathematics find the integral of.

DERIVATIVES integrable adjective integrative adjective integrator noun.

integration

noun 1 the action or process of integrating. 2 the intermixing of peoples or groups previously segregated.

DERIVATIVES integrationist noun."

The Merriam-Webster Dictionary defines integrate and integration as follows:

"integrate

1: to form, coordinate, or blend into a functioning or unified whole : unite 2: to find the integral of (as a function or equation) 3 a: to unite with something else b: to incorporate into a larger unit 4 a: to end the segregation of and bring into equal membership in society or an organization b: desegregate < integrate school districts> intransitive verb : to become integrated

integration

1: the act or process or an instance of integrating: as a: incorporation as equals into society or an organization of individuals of different groups (as races) b: coordination of mental processes into a normal effective personality or with the individual's environment 2 a: the operation of finding a function whose differential is known b: the operation of solving a differential equation"

Recommendation

In using the term 'integrated' or 'integrate' in the Plan, the intention is that the new development be compatible with the existing context. It is not considered necessary to include a definition of integration where it relates to the rules for colour. The colour rules are explained sufficiently in clause 10c.4.8.3 where the explanation refers to avoiding the dominance of buildings in the landscape. This is consistent with the dictionary definitions of integrate and integration which refer to combining or blending to form a whole.

It is recommended that submissions 1101/117 and 1289/126 be rejected.

4.3.2.8 Proposed new definition - ridgeline

Submissions 618/156, 1101/115 and 1289/124 seek a definition of ridgeline as follows:

"A ridgeline is a long narrow elevation of the land surface often crested with steep sides and forming an extended upland between valleys or a valley and the coast in which the background is the sky when viewed from any vantage point."

It is considered that the definition suggested is somewhat unclear. The following definition is instead suggested:

Ridgeline means the line marking or following the crest of a ridge.

It is recommended that this definition be inserted in part 14 and that submissions 618/156, 1101/115 and 1289/124 be accepted in part accordingly.

4.3.2.9 Significant ridgeline area

Definition of significant ridgeline area in part 14

Significant ridgeline area is defined in part 14 as follows:

Ridgeline controls in the Plan

The specific limitations that apply to buildings located within a significant ridgeline area are set out in clause 10c.4.7 Ridgeline control. As indicated in the definition of significant ridgeline area, the location of these areas are marked on the planning maps (map 1). On the planning maps, the location of the significant ridgeline is shown with a heavy dotted line, while the extent of the significant ridgeline area is shown by lighter dotted lines parallel and on either side of the ridgeline notation.

Designated building platforms

Submission 52/1 seeks to amend the definition of significant ridgeline area to read:

" Significant ridgeline area means an area surrounding a significant ridgeline as identified on the planning maps. The significant ridgeline area includes all land falling within 100m perpendicular to any point on the identified ridgeline. Except that in the case of a designated building platform on a significant ridgeline area in which, as a condition of subdivision, the platform has development controls set out by the subdivision consent and lodged against the title. In such cases the subdivision controls shall apply and the building platform shall not be deemed part of the significant ridgeline."

Designated building platforms are sometimes identified as a condition of subdivision consent. However it is unlikely that the platform would have development controls set out by the subdivision consent and lodged against the title. It is also unlikely that the subdivision consent would have assessed the likely visual impact of a specific building design in that location. It is recommended that submission 52/1 be rejected.

Add reference to dotted line notation

Submissions 618/155, 619/100, 754/110, 859/109, 1101/114, 1125/5, 1127/9, 1282/6, 1285/1, 1286/80, 1287/123, 1288/153, 1289/123, 2670/99, 2878/81 seek to amend the definition of significant ridgeline area to remove uncertainty and suggest the following wording:

" Significant ridgeline area means an area ~~surrounding a~~ adjacent to any significant ridgeline as identified on the planning maps. For the purpose of the development control rules, T t he significant ridgeline area includes all land falling within the 100m ~~perpendicular to any point on the identified~~ strip shown on the planning maps by way of a dotted line notation parallel to each defined ridgeline."

Submissions 1286/6 and 2878/7 also seek the above definition - if the ridgeline rules remain applicable to the submitters' land (at 40 Tiri Road and 57 Cory Road respectively).

The amendments suggested in these submissions are supported in part. Some users of the Plan may be assisted if the definition includes a description of the symbols used to identify the significant ridgeline area on the planning maps. However it is noted that the legend at the beginning of each volume of the planning maps (ie inner islands, and outer islands) clearly shows the notation used to identify the significant ridgeline area.

The deletion of the reference to "all land falling 100m perpendicular to any point on the identified ridgeline" is not supported. This phrase clarifies how the 100m width has been determined and avoids some of the confusion that has arisen around the terminology in the Operative Plan (which refers to "measured on a horizontal plane").

In response to submissions, the following amendments are suggested:

On the planning maps, the extent of the significant ridgeline area is shown by lighter dotted lines parallel to and on either side of a heavier dotted line which marks the location of the associated ridgeline. "

It is therefore recommended that submissions 618/155, 619/100, 754/110, 859/109, 1101/114, 1125/5, 1127/9, 1282/6, 1285/1, 1286/6, 1286/80, 1287/123, 1288/153, 1289/123, 2670/99, 2878/7, 2878/81 be accepted in part.

New definition sought

There are submissions which seek to replace the definition of significant ridgeline area with a publicly agreed definition which provides for limits in terms of height to ridgeline or measured altitude. The submissions are 1348/2, 1362/2, 1374/2, 1383/2, 1415/2, 1435/2, 1448/2, 1452/2, 1460/2, 1475/2, 1570/2, 1587/2, 1587/3, 1897/2, 1910/2, 1918/2, 1928/2, 1942/2, 1946/2, 1974/2, 2197/2, 2210/2, 2226/2, 2245/2, 2262/2, 2306/2, 2317/2, 2392/2, 2425/2, 2441/2, 2444/2, 2458/2, 2478/2, 2745/2, 3610/2, 3681/2, 3751/2, 3777/2, 3802/2.

These submissions relate particularly to Great Barrier and express particular concern that the definition of significant ridgeline area includes land 100m either side of the associated ridge.

The definition of significant ridgeline area needs to be considered in conjunction with decisions made on related submissions considered in the hearing report on development controls (part 10c). It is therefore recommended that the panel consider these submissions further in the context of the outcome of the part 10c hearing.

Planner's recommendations about submissions relating to buildings and development controls

That submissions 39/1, 41/1, 52/1, 618/154, 619/103, 754/113, 859/112, 1101/113, 1101/117, 1103/2, 1282/9, 1285/28, 1286/84, 1287/127, 1288/157, 1289/122, 1289/126, 2670/102, 2878/85, 3693/1 be rejected.
That submissions 518/2, 518/7, 753/2, 753/12, 753/13, 821/12, 821/36, 821/37, 836/2, 836/6, 836/7, 1190/2, 1190/12, 1190/13 be accepted.
That submissions 2096/5, 2096/6, 3697/1 be accepted and the Plan be amended accordingly as set out in appendix 3.
That submissions 618/156, 1101/115, 1289/124, 2641/73 be accepted in part to the extent that they support the amendments set out in appendix 3.
That submissions 618/155, 619/100, 754/110, 859/109, 1101/114, 1125/5, 1127/9, 1282/6, 1285/1, 1286/6, 1286/80, 1287/123, 1288/153, 1289/123, 2670/99, 2878/7, 2878/81 be accepted in part to the extent that they support the amendments set out in appendix 3.
That submissions 1348/2, 1362/2, 1374/2, 1383/2, 1415/2, 1435/2, 1448/2, 1452/2, 1460/2, 1475/2, 1570/2, 1587/2, 1587/3, 1897/2, 1910/2, 1918/2, 1928/2, 1942/2, 1946/2, 1974/2, 2197/2, 2210/2, 2226/2, 2245/2, 2262/2, 2306/2, 2317/2, 2392/2, 2425/2, 2441/2, 2444/2, 2458/2, 2478/2, 2745/2, 3610/2, 3681/2, 3751/2, 3777/2, 3802/2, which seek amendments to the definition of significant ridgeline area, be considered further in the context of the outcome of the hearing on part 10c - Development controls.

4.4 Submissions about definitions relating to rural activities

Submissions dealt with in this section: 560/18, 618/56, 618/152, 619/73, 619/101, 754/86, 754/111, 859/86, 859/110, 1093/82, 1101/32, 1101/111, 1285/26, 1285/29, 1286/73, 1286/82, 1287/38, 1287/125, 1287/129, 1288/125, 1288/155, 1288/158, 1289/39, 1289/120, 1532/1, 2304/1, 2428/1, 2451/1, 2670/72, 2670/100, 2878/73, 2878/83, 3091/1

4.4.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

horticulture
rural property management plan

One new definition is sought - for 'sustainable farming and land management'.

4.4.2 Planner's analysis and recommendations

4.4.2.1 Horticulture

Definition of horticulture in part 14

Horticulture is defined in part 14 as follows:

" 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)."

Provision for horticulture in the Plan

The Plan provides for horticulture as a separately listed activity in the following land units or parts of settlement areas:

Land unit or settlement area	Activity status for horticulture
Landform 2 (dune systems and sand flats) - sand flats area only Landform 3 (alluvial flats) Landform 5 (productive land) Landform 6 (regenerating slopes)	Permitted
Rural 1 (rural amenity) Rural 2 (western landscape)	Permitted
Claris light industry area (Claris settlement area)	Permitted

Non-commercial, lifestyle / hobby activities

Submissions 619/101, 754/111, 859/110, 1285/26, 1286/82 and 2878/83 seek amendments to the definition of horticulture to also refer to 'non-commercial activities' which otherwise will be deemed non-complying under the proposed provisions. Submissions 618/152, 1101/111, 1287/125, 1288/155, 1289/120 and 2670/100 request a similar decision but also seek reference to 'lifestyle/hobby activities'.

It is envisaged that small-scale activities of a non-commercial nature such as domestic gardening or lifestyle / hobby activities would fit within the definition of residential uses which is as follows:

" Residential uses means any use of land or buildings for a dwelling or for uses ancillary or incidental to a dwelling."

Moreover, as is considered in section 4.2.2.1 of this report, submission 2096/4, seeks to amend the definition of dwelling by adding a third sentence as a new paragraph as follows:

"It also includes the use of land for uses ancillary or incidental to a dwelling."

However it is acknowledged that the inclusion of the term 'commercial' in the definition of horticulture may unnecessarily limit the definition. It is possible that a person or organisation may wish to establish a large scale horticulture activity which is undertaken on a 'not-for-profit' basis. It is therefore recommended that submissions 618/152, 619/101, 754/111, 859/110, 1101/111, 1285/26, 1286/82, 1287/125, 1288/155, 1289/120, 2670/100 and 2878/83 be accepted in part, and that word 'commercial' be deleted from the definition of horticulture.

Herbs, medicinal plants, plant nurseries

Submissions 1532/1, 2304/1, 2428/1 and 2451/1 seek to amend the definition of horticulture as follows:

" Horticulture - means the use of land or buildings for the commercial growing of vegetables, fruit, berries, nuts, vines, flowers, plants, herbs and medicinal plants, or fungi. It includes market gardening, plant nurseries, orcharding, and viticulture (but not a winery)."

It is not considered necessary or useful to amend the definition by adding the words 'herbs and medicinal plants' as these are clearly already covered by the use of the term 'plants' in the existing definition.

The request for the addition of the word 'plant nurseries' is also not supported. The definition already clearly provides for the growing of flowers and plants. The term 'plant nursery' is sometimes used to mean garden centres where plants and various associated gardening equipment is sold to members of the public. The term 'horticulture' is not intended to include this type of activity. The activity would fit within the definition of 'retail premises'. It is noted that submission 1532 has been lodged by the Claris Garden Centre and Native Plant Nursery.

It is recommended that submissions 1532/1, 2304/1, 2428/1 and 2451/1 be rejected.

Retain existing definition

Submission 1093/82 seeks to retain the definition of horticulture as currently provided for.

As an amendment is proposed to the existing definition it is recommended that submission 1093/82, which supports the definition, be accepted in part.

4.4.2.2 Pastoral farming

Submission 560/18 seeks to amend the definition of pastoral farming as follows:

" Pastoral farming means the growing of grass and fodder crops on which stock are grazed , as well as the use of accessory buildings and land for ancillary activities . It does not include the grazing of deer or goats."

It is recommended that this submission be accepted in part. Many of the other definitions in part 14 refer specifically to 'land and buildings used for' a particular purpose. To achieve a more consistent approach with other definitions, and add clarity, it is recommended that the definition be amended as follows:

" Pastoral farming means the growing of grass and fodder crops on which stock are grazed. It includes the associated use of land and buildings. It does not include the grazing of deer or goats."

4.4.2.3 Rural property management plan

Definition of rural property management plan in part 14

Rural property management plan is defined in part 14 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."

Provision for rural property management plans in the Plan

The Plan provides for rural property management plans as a separately listed activity in the following land units:

Land unit or settlement area

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

Amendments sought

Submissions 619/73, 754/86, 859/86, 1288/125, 2670/72 seek to amend the definition of rural property management plan to read as follows:

" Rural property management plan means a long term rural* property management plan which comprehensively details all subdivision and land use activities proposed to be undertaken on a site, including the location of buildings and activities, lot boundaries, enhancement and environmental protection measures and the ~~mitigation of effects~~ means proposed to manage potential adverse effects from ~~those~~ any buildings and activities."

*rural means any land falling within landforms 1-7 and the rural 1 and 2 zones.

Other subparts of these submissions suggest that part 12 - Subdivision should be amended to provide for, as a discretionary activity, subdivisions not meeting minimum areas such as significant environmental feature subdivisions or bonus density subdivisions. These subdivisions should only be provided for within the context of an application for a 'comprehensive development approval' which can be redefined as a rural property management plan but with the amendments proposed above to include subdivision and land use activities

Submission 3091/1 seeks to amend the definition of rural property management 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, subdivision (in accordance with density provisions) and the mitigation of effects proposed to manage adverse effects from those buildings and activities."

In the Plan as notified, it is intended that rural property management plans relate to land use and not include subdivision. Whether or not the amendments sought in these submissions are required, or justified, is somewhat dependent on the outcome of other hearings. Of particular relevance are the hearings on subdivision, landform 1-7, and rural 1-2.

No recommendation is given on these submissions at this time. Rather the panel should consider these submissions further in conjunction with decisions made on related submissions considered in other hearings which raise issues about rural property management plans.

It is noted that the definition of comprehensive plan (considered in section 4.12.2.2of this report) provides for subdivision and the development to be located on the sites.

4.4.2.4 Proposed new definition - sustainable farming and land management

Submissions 618/56, 1101/32, 1285/29, 1286/73, 1287/38, 1287/129, 1288/158, 1289/39 and 2878/73 seek to include a definition of 'sustainable farming and land management' which includes permaculture, biodynamic farming, indigenous plantation forestry etc.

Other subparts of these submissions suggest that sustainable farming and land management should be listed in the activity tables of various rural zones (three of the submissions relate specifically to rural 2, the others refer to unspecified 'rural zones'). This suggestion has been considered in other hearing reports and it is has been recommended that this activity not be separately listed in any land units.

This definition is therefore not required and it is recommended that these submissions be rejected accordingly.

Planner's recommendations for submissions about definitions relating to buildings and development controls

That submissions 618/56, 1101/32, 1285/29, 1286/73, 1287/38, 1287/129, 1288/158, 1289/39, 1532/1, 2304/1, 2428/1, 2451/1, 2878/73 be rejected.
That submission 1093/82 be accepted in part to the extent that it supports the Plan as amended in response to other submissions and set out in appendix 3.
That submissions 619/73, 754/86, 859/86, 1288/125, 2670/72, 3091/1, which relate to the definition of rural property management plan, be considered further in the context of the outcome of other related hearings.
That submissions 560/18, 618/152, 619/101, 754/111, 859/110, 1101/111, 1285/26, 1286/82, 1287/125, 1288/155, 1289/120, 2670/100, 2878/83 be accepted in part to the extent that they support the amendments set out in appendix 3.

4.5 Submissions about definitions relating to retail, commercial and / or industrial activities

Submissions dealt with in this section: 517/3, 618/151, 619/99, 754/109, 859/108, 1093/83, 1093/84, 1101/110, 1266/1, 1266/2, 1285/25, 1286/81, 1287/124, 1288/154, 1289/119, 1532/2, 1533/4, 2096/1, 2302/5, 2304/2, 2304/3, 2428/2, 2428/3, 2434/5, 2435/5, 2451/2, 2451/3, 2670/98, 2878/82, 3178/1, 3611/1, 3708/1, 3856/5

4.5.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

boarding kennels and catteries
dairy
function facilities
retail premises
tourist complex
visitor accommodation
winery.

Two new definitions are sought for:

recycling facility
sand quarrying.

4.5.2 Planner's analysis and recommendations

4.5.2.1 Boarding kennels and catteries

Submission 2096/1 seeks to amend the first sentence in the definition of 'boarding kennels and catteries' as follows:

" Boarding kennels and catteries means land and buildings used for the care of cats or dogs for commercial purposes , or by animal welfare agencies such as the SPCA (Society of the Prevention of Cruelty to Animals). "

It is recommended that this submission be accepted as it is reasonable to provide for non-commercial boarding kennels and catteries on the same basis as commercial ones.

4.5.2.2 Dairy

Submission 517/3 seeks to amend the definition of dairy as follows:

" Dairy means a shop with a gross floor area of less than 50 150m ² (not including any attached dwelling) that supplies milk, bread, non-alcoholic drinks, packaged food and a variety of produce and household consumables."

Provision for dairies in the Plan

The Plan provides for dairies as a separately listed activity in the following land units and settlement areas:

Land unit or settlement area	Activity status for dairies
Island residential 1 (traditional residential) Island residential 2 (bush residential)	Restricted discretionary
Rural 3 (Rakino amenity)	Discretionary
Residential amenity areas (Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy and Aotea settlement areas)	Discretionary
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas) [2]	Permitted
Visitor accommodation area (Whangaparapara settlement area)	Permitted
Claris light industry area (Claris settlement area)	Permitted

Size limit

The 150m ² limit sought by the submission is consistent with the Isthmus and Central Area Sections of the Auckland City District Plan. In its supporting reasons, the submission suggests that there is no obvious resource management reason for varying the definition across the three sections of the Plan. However, the development on Waiheke, Great Barrier, and Rakino is of a much smaller scale that than which occurs in the Isthmus or the Central Area. For this reason, different sizes limits are appropriate. It is recommended that submission 517/3 be rejected.

4.5.2.3 Function facilities

Definition of function facilities in part 14

Function facilities are defined in part 14 of the Plan as follows:

" Function facilities means land or buildings, or parts of buildings, where the primary use is the holding any of the following activities on a commercial basis:

Organised conferences, conventions, seminars and meetings.
Events and celebrations such as parties, wedding and funeral receptions.

It does not include community facilities."

Provision for function facilities in the Plan

The Plan provides for function facilities as a separately listed activity in the following land units or parts of settlement areas:

Land unit or settlement area	Activity status for function facilities
Commercial 1 (Oneroa village) Commercial 2 (Ostend village)	Discretionary
Matiatia - mixed use area only	Discretionary
Rural 1 (rural amenity) - within the identified Onetangi Road area	Discretionary
Conservation	Discretionary
Pakatoa - tourist complex area only	Permitted
Residential amenity areas (Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy and Aotea settlement areas)	Discretionary
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas)	Permitted
Visitor accommodation area (Whangaparapara settlement area)	Permitted

Primary use

Submission 3178/1 seeks to amend the definition of function facilities as follows:

" Function facilities means land or buildings, or parts of buildings, where ~~the primary use is the holding~~ any of the following activities are held on a commercial basis:

Organised conferences, conventions, seminars and meetings.
Events and celebrations such as parties, wedding and funeral receptions.

It does not include community facilities."

Planners from council's Waiheke service centre have confirmed that the reference to 'primary use' makes this definition difficult to apply. It also fails to address the effects that can arise when functions form a significant part of an activity but are not the primary use.

It is recommended that this submission be accepted and that the definition be amended accordingly.

Meeting v. function facilities

Submission 3611/1 states that that the definition of function facility needs to be split into two definitions comprising:

'private meeting facilities' which includes conferences, conventions, seminars and meetings; and
'private function facilities' which includes parties, weddings and funeral receptions.

In its supporting reasons, the submission explains that conferences, conventions, seminars and meetings occur during the day with no adverse effects, especially on noise. In contrast, weddings and parties can be noisy, invasive and go late into the night.

It is accepted that conferences, conventions, seminars and meetings generally tend to be quieter than parties and wedding receptions, and that they are unlikely to go as late. However most venues are likely to be available for both types of activities.

In most cases function facilities will require resource consent - they are only permitted activities in Pakatoa land unit, and within the local retailing areas and visitor accommodation areas of the settlement areas. Where a resource consent is required, the proposal can be assessed on its merits and conditions can be imposed to address potential adverse effects such as noise and traffic.

It is recommended that submission 3611/1 be rejected.

4.5.2.4 Retail premises

Submission 3708/1 seeks to amend the definition of retail premises by adding the following to the list headed "It does not include any of the following":

"sex premises whether for the retail of sexual services or for the retail of goods targeted towards sexual activities."

In terms of the requirements of the RMA, it is difficult to justify such an exclusion. As has been noted earlier in this report, if the council wishes to restrict brothels and commercial sex premises to a greater extent than occurs through the Plan, then the appropriate approach is by means of a bylaw.

It is therefore recommended that this submission be rejected.

4.5.2.5 Visitor accommodation

Definition of visitor accommodation in part 14

Visitor accommodation is defined in part 14 as follows:

" Visitor accommodation means land or buildings used for the day to day accommodation of tourists and short-stay visitors away from their normal place of residence.

It may include shared or centralised services for the tourists or visitors such as kitchen and dining facilities, toilet and washing facilities, and recreational and bar facilities.

It includes any of the following:

motels and hotels
backpacker lodges
serviced rental accommodation for visitors that is offered at a daily tariff or with a pricing structure that is consistent with short stay accommodation
timeshare accommodation.

It may include premises licensed under the Sale of Liquor Act 1989.

It does not include any of the following:

the letting of dwellings
homestays
boarding houses and hostels
camping facilities
taverns
restaurants, cafes and other eating places except where these are limited to the use of people staying in the accommodation and their guests.

It may form part of a tourist complex."

Provision for visitor accommodation in the Plan

The Plan provides for visitor accommodation as a separately listed activity in the following land units or parts of settlement areas:

Land unit or settlement area	Activity status for visitor accommodation
Landform 3 (alluvial flats) Landform 5 (productive land) Landform 6 (regenerating slopes) Landform 7 (forest and bush areas)	P - for up to 10 people; and D - for more than 10 people
Commercial 1 (Oneroa village) Commercial 2 (Ostend village)	D
Commercial 4 (visitor facilities)	P
Matiatia - mixed use area only	P
Rural 1 (rural amenity) Rural 2 (western landscape) Rural 3 (Rakino amenity)	P - for up to 10 people; and D - for more than 10 people
Conservation	D
Pakatoa - within tourist complex area and residential area	P
Residential amenity areas (Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy and Aotea settlement areas)	D
Local retailing areas (Tryphena, Claris, Okiwi and Port Fitzroy settlement areas)	P
Headland protection area (Tryphena settlement area)	D
Visitor accommodation area (Whangaparapara settlement area)	P

Legend

P = Permitted

D = Discretionary

Provision for manager's accommodation

Submission 1266/1 seeks that the definition of visitor facility be reworded to allow for the provision of manager's accommodation. In its supporting reasons, the submission notes as follows:

the definition as currently worded does not recognise that a visitor facility and tourist complex require on site management and that this aspect is essential for the day to day operation of the facility
permanent habitation within a visitor facility for the purpose of management, is not provided for within the definition which states 'short stay visitors'.

Where visitor accommodation is of a larger scale it is accepted that the Plan needs to make additional provision for on-site management. However the Plan also provides for small scale visitor accommodation of up to ten people as a permitted activity in landforms 3, 5, 6 and 7, and in rural 1 to 3. In those land units, if on-site management is required then it is intended that it be accommodated within a dwelling on the site, which is also a permitted activity. In those land units, only one dwelling is permitted per site and it is not intended that additional dwellings be provided for in association with the visitor accommodation.

To maintain this distinction between small scale and large scale visitor accommodation, it is recommended that submission 1266/1 be accepted in part, and that the definition of visitor accommodation be amended by inserting a new fourth paragraph as follows:

"...

It may include premises licensed under the Sale of Liquor Act 1989.

Where the visitor accommodation provides for more than 10 people, it may include on site accommodation for a manager and the manager's family. Any on site accommodation for a manager and the manager's family must form an integral part of the visitor accommodation.

It does not include any of the following:

..."

Letting of dwellings

The definition of visitor accommodation specifies that it does not include 'the letting of dwellings'. Issues associated with the 'letting of dwellings' have not been raised in submissions on part 14. However this issue has been raised in other hearings and the panel will be well aware of the concerns, particularly on Great Barrier. It is acknowledged that amendments are required to the Plan to clarify that the letting of dwellings, such as for holiday accommodation, is a permitted activity in land units and settlement areas where the dwelling (which is being let) is a permitted activity. Amendments are needed to clarify that the letting of dwellings is not to be treated as visitor accommodation, and does not fall into the category of "serviced rental accommodation for visitors that is offered at a daily tariff or with a pricing structure that is consistent with short stay accommodation". It is anticipated that in response to submissions considered in other hearings, amendments will be made to the definitions of visitor accommodation and dwelling.

4.5.2.6 Tourist complex

Definition of tourist complex in part 14

Tourist complex is defined in part 14 as follows:

" Tourist complex means land or buildings which are used for the day to day accommodation of tourists and short-stay visitors away from their normal place of residence.

It includes visitor accommodation in association with one or more of the following:

function facilities
taverns
restaurants, cafe and other eating places
entertainment facilities

without limiting the use of such facilities to people staying in the complex.

It may include premises licensed under the Sale of Liquor Act 1989.

It does not include:

camping facilities; or
boarding houses or hostels."

Provision for manager's accommodation

Submission 1266/2 seeks that the definition of tourist complex be reworded to allow for the provision of managers' accommodation.

The definition of tourist complex is directly related to the definition of visitor accommodation. It is therefore considered that this submission has been met by the amendment to visitor accommodation as recommended in section 4.5.2.5above. This submission should therefore be accepted in part.

4.5.2.7 Winery

Definition of winery in part 14

Winery is defined in part 14 as follows:

" 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."

Provision for winery in the Plan

The Plan provides for winery as a separately listed activity in the following land units or parts of settlement areas:

Land unit or settlement area	Activity status for winery
Landform 3 (alluvial flats) Landform 5 (productive land)	Discretionary
Commercial 5 (industrial)	Discretionary
Rural 1 (rural amenity) - within the identified Onetangi Road area	Discretionary
Claris light industry area	Permitted

Beer brewing, grape juice processing and wine tasting

Submissions 619/99, 754/109, 859/108, 1285/25, 1286/81, 1287/124, 1288/154 and 2878/82 seek to expand the definition of winery to include beer brewing and provide for on-site tasting as part of that activity without it falling into any of the other definitions such as restaurants - but it should still be included within those other definitions. Submissions 618/151, 1101/110, 1289/119 and 2670/98 seek a similar decision but also seek to include grape (juice) processing in the definition.

In order to provide for beer brewing, the definition of winery would need to be substantially amended, or a separate definition given for 'brewery'. The following amendments would provide for the production of beer.

" Winery or brewery means land or buildings used for any of the following:

the processing, and fermentation of grapes into wine
the processing, and fermentation of hops into beer.

~~and~~ It may include bottling facilities, wine - tasting or beer-tasting and ancillary wine or beer retailing.

It does not include any of the following:

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

Wine making and associated tourist activities are a well-established part of the tourism industry on Waiheke. While some grapes are brought in from off island for wine-making, others are grown and processed on the island. This would not be the case with beer-brewing where is anticipated that the ingredients would be brought in from off island. It is considered that a brewery should not be provided for as a discretionary activity in landform 3, landform 5 and rural 1 (within the identified Onetangi Road area) in the same manner as a winery. It is recommended that the requests to expand the definition of winery to include beer brewing be rejected.

The definition of winery already provides for wine tasting as part of the activity so no amendments are required to address this relief. However it is reasonable to broaden the definition to encompass the production of grape juice as well as wine. The first sentence of the definition should therefore be amended as follows:

" Winery means land or buildings used for the processing , and , if required, fermentation of grapes into wine or juice. ~~, and~~

It may include bottling facilities, wine-tasting and ancillary wine retailing.

..."

It is recommended that 618/151, 1101/110, 1289/119 and 2670/98 be accepted in part, and that the definition be amended to provide for the production of grape juice.

Other amendments

Submission 1093/83 (NZ Winegrowers) seeks to delete the definition of winery, while submission 1093/84 seeks to amend the definition as follows:

" 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 and other ancillary operations relating to winemaking and the service of food and beverage, all on the same site .

~~It does not include any of the following:~~

~~visitor accommodation~~

~~restaurants, cafes or other eating places~~

~~function facilities.~~ "

In its supporting reasons, the submission states that the definition fails to capture the vertical integration of wine industry. Vertical integration enables winegrowers to use all available resources to safeguard the financial viability of the industry.

It is accepted that vertical integration does occur within the wine industry. However this does not mean that the definition of winery needs to incorporate all the components suggested by the submission. The proposed amendments to include 'service of food and beverage' and delete the exclusions for visitor accommodation; restaurants, cafes or other eating places, and function facilities, are not supported. It is appropriate to provide for visitor accommodation; restaurants, cafes or other eating places; and function facilities as separately listed activities. Where these activities are located in conjunction with a winery the range of effects is increased due to the additional traffic and noise.

The amended definition sought in the submission is not supported in the form suggested. However it is acknowledged that there may be ancillary operations which need to be better included within the definition. The term 'ancillary operations' is very generic and can create interpretation difficulties. It would preferable to include a more precise description of the ancillary operations particularly associated with wine-making.

In evidence presented at an earlier hearing on the landform land units, the NZ Winegrowers drew the panel's attention to the definition of wine making contained in s4(1) of the Wine Act 2003 as follows:

"making, or made, in relation to wine, means any or every process or action from receipt of the commodity through to dispatch of the wine, including�

(a) the crushing or pressing of the commodity for juice:

(b) the fermentation of the commodity or juice into wine:

(d) bottling or otherwise packaging wine:

(e) labelling of wine"

The NZ Winegrowers also noted that the NZ Winegrowers Wine Standards Management Plan Code of Practice (the WSMP Code of Practice) defines winery as:

"the premises or place where wine is made and includes outdoor areas used for activities such as storage or fermentation."

In response to issues raised in this submission, the following definition is suggested:

Winery means land or buildings used for any of the following:

the processing , and , if required, fermentation of grapes into wine or juice
the storage, blending, or mixing of a wine or wines
the bottling or otherwise packaging wine
the labelling of wine.

~~, and may include bottling facilities,~~

It may include 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 therefore recommended that submission 1093/83 be accepted in part, to the extent that it supports these amendments.

It is noted that the term 'winery' may have come to mean something more than the production of wine, and it may be more appropriate to alter the term defined in part 14, and listed in various activity tables, from 'winery' to 'wine-making'.

4.5.2.8 Proposed new definition - recycling facility

Submissions 1532/2, 2304/2, 2428/2 and 2451/2 seek to include a definition of recycling facility as follows:

" Recycling facility - means the use of land for the storage, compacting, processing, treatment, and handling of solid waste including glass, plastics, cardboard and other recyclable materials. It does not include the composting of green waste."

Submissions 1533/4, 2302/5, 2304/3, 2428/3, 2434/5, 2435/5 and 3856/5 seek to introduce a definition of recycling facilities.

These submissions are associated with requests that recycling facilities be added to the activity list for the Claris light industry area within the Claris settlement area. Those requests are noted in the hearing report on part 10b.

It is considered that the definition sought is not required. A recycling facility would be included within the definition of industry. Industry is already provided for as a permitted activity in the Claris light industry area. Industry is defined in part 14 as follows:

" Industry means the production, processing, assembly, packaging, servicing, testing, repair, or storage of any materials, goods, products, vehicles or equipment.

It may include any of the following:

a works depot
vehicle dismantling or wrecking to extract parts for sale.

It does not include any of the following:

quarrying or mining
refuse transfer stations."

It is recommended that these submissions be rejected.

4.5.2.9 Proposed new definition - sand quarrying

Submission 2451/3 seeks to include a listing for the activity 'sand quarrying', which appears in the activity table at clause 10b.20.1, with a simple cross reference to the definition of 'quarrying' as follows: 'Sand quarrying - refer to quarrying'.

There is merit in clarifying the relationship between the definition of quarrying and the provision for sand quarrying as a listed activity in clause 10b.20.1 (which applies to the Claris industry area). It is recommended that submission 2451/3 be accepted in part, and that the following definition be included in part 14:

" Sand quarrying means 'quarrying' (as defined earlier) but for sand only."

Planner's recommendations for submissions about definitions relating to retail, commercial and /or industrial activities

That submissions 517/3, 619/99, 754/109, 859/108, 1093/84, 1285/25, 1286/81, 1287/124, 1288/154, 1532/2, 1533/4, 2302/5, 2304/2, 2304/3, 2428/2, 2428/3, 2434/5, 2435/5, 2451/2, 2878/82, 3611/1, 3708/1, 3856/5 be rejected.
That submissions 2096/1, 3178/1 be accepted and the Plan be amended accordingly as set out in appendix 3.
That submissions 618/151, 1093/83, 1101/110, 1266/1, 1266/2, 1289/119, 2451/3, 2670/98 be accepted in part to the extent that they support the amendments set out in appendix 3.

4.6 Submissions about definitions relating to ecological and environmental definitions

Submissions dealt with in this section: 355/1, 560/12, 560/13, 618/150, 1101/109, 1243/93, 1286/79, 1287/122, 1288/152, 1289/118, 2505/1, 2878/80, 3521/140

4.6.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

ecosourcing
significant environmental feature
water body
wetland.

4.6.2 Planner's analysis and recommendations

4.6.2.1 Ecosourcing

Submission 2505/1 (from DOC) seeks to amend the definition of 'ecosourcing' as follows:

" Ecosourcing means the use of indigenous species naturally occurring in the general vicinity and the use of local genetic stock. In practise, this means sourcing seeds or cuttings from as close to the planting site as possible (eg from the same ecological unit or district). 'Ecosourced' has a corresponding meaning."

In its supporting reasons the submission states that the definition of ecosourcing should be strengthened by making reference not only to 'ecological district' but also the 'ecological unit'. New Zealand has 268 recognised ecological districts; however within those districts there is potential for diversity within species as they have adapted to the specific circumstances of a particular environment. An ecological unit is the term referred to in those situations.

This suggested amendment has been checked with an ecologist from council's heritage team. She has no objection to the amendment sought but notes that ecological units have not been mapped in the gulf islands. However the sensitive area and sites of ecological significance do give some indication of ecological units.

It is recommended that submission 2505/1 be accepted and that the definition of ecosourcing be amended accordingly. This amendment will not make the definition any more onerous or demanding.

4.6.2.2 Significant environmental feature

Definition of significant environmental feature in the part 14

Significant environmental feature is defined in part 14 as follows:

" Significant environmental feature means either of the following:

The whole of any distinct natural feature or landscape which makes a significant contribution to the quality of the local natural environment and amenity.
Any feature of archaeological, historical or cultural significance.

It may include one or more of the following:

any site of ecological significance scheduled in the Plan
a water system
a habitat for indigenous species
an association of indigenous vegetation
a landform (including any significant ridgeline identified on the planning maps)
an ecological corridor
a visually significant area or group of areas
any item scheduled in the Plan for its archaeological, historical or cultural significance."

Use of the term significant environmental feature in the Plan

The term significant environmental feature is used in conjunction with the subdivision provisions in clause 12.9.3 of the Plan. That clause provides for subdivision of land as a discretionary activity in landform 2-7 and rural 1 only to create sites which will protect any significant environmental feature(s) from development and any adverse effects of land use activities. Specific assessment criteria for this type of subdivision are set out in clause 12.12.1. The minimum site areas for protecting significant environmental features are substantially less than those for standard subdivision. A comparison of the minimum site sizes is set out in the table below:

Land unit	Subdivision for protecting significant environmental features		Standard subdivision
Land unit	Minimum site area	Minimum average site area	Minimum site area
Landform 2	4ha	7.5ha	25ha
Landform 3	1.5ha	2ha	3.5ha
Landform 4-7	4ha	7.5ha	25ha
Rural 1	1.5ha	2ha	5ha

To achieve the outcomes sought by the Plan, it is important the definition in part 14 is consistent with the standards and terms in clause 12.9.3.3 and the assessment criteria in clause 12.12.1. The final recommendations for the wording of this definition will need to have regard to the outcome of the hearings on part 12 - Subdivision.

Amendments sought

Submissions 618/150, 1101/109, 1286/79, 1287/122, 1288/152, 1289/118 and 2878/80 seek to amend the definition of significant environmental feature as follows:

" Significant environmental feature means ~~either~~ any of the following:

~~The~~ Within any site, the whole of any distinct natural feature , landform or landscape which makes a significant contribution to the quality of the local natural environment and amenity . , and/or
Any feature of archaeological, historical or cultural significance including access to such features .

It may include one or more of the following:

any site of ecological significance scheduled in the Plan
a water system
a habitat for indigenous species
an association of indigenous vegetation including complementary ecological buffer areas, indigenous re-plantings and/or enhancement/enrichment plantings
a landform (including any significant ridgeline identified on the planning maps) having local value and including geological features
an ecological corridor or buffer
a visually significant area or group of areas
any item scheduled in the Plan for its archaeological, historical or cultural significance."

Submission 3521/140 seeks to amend the definition of significant environmental feature to refer to a feature meeting the criteria in clause 12.9.3. Another subpart of submission 3521 ( 3521/139) suggests that criteria should be added to clause 12.9.3 to assist with determining whether a site is significant.

Recommendation for submission 3521/140

The hearing report for part 12 - Subdivision recommends some amendments to clause 12.9.3.3(2)(a) and (c) in response to submission 3521/139. Those amendments refer to the criteria in appendix 4 - Criteria for scheduling heritage items, as a means of determining whether features are significant and eligible for protection.

The suggestion that the definition of significant environmental feature refer to a feature meeting the criteria in clause 12.9.3 is not supported. With the amendments recommended in the part 12 hearing report, clause 12.9.3.3 Standards and terms, does contain some references to criteria. However clause 12.9.3.3 needs to be read in conjunction with the definition in part 14 and does not replace it. It is therefore recommended that submission 3521/140 be rejected.

Recommendation for submission 618/150 and others

These submissions suggest that the definition should be broadened to include:

access to features of archaeological, historical or cultural significance
ecological buffer areas
indigenous re-plantings, enhancement and enrichment plantings
geological features.

Access

Inclusion of access to features of archaeological, historical or cultural significance is not supported. The access should not be regarded as part of the significant ecological feature.

Ecological buffer areas

The term 'ecological buffer areas' is imprecise and the use of this wording is not supported. In addition, an ecological buffer area is not considered to be of sufficient value to be separately listed as something which may be included in a significant environmental feature.

Indigenous re-plantings, enhancement and enrichment plantings

Indigenous re-plantings, enhancement and enrichment plantings are not considered to be of sufficient value to be separately listed as something which may be included in a significant environmental feature. 'An association of indigenous vegetation' is separately listed, but clause 12.9.3.3(2)(a) makes it clear that the vegetation must be existing, and of a quality and maturity that is self-sustaining and worthy of protection.

Geological features

There is merit in the suggestion that geological features be specifically referred to in the definition. The definition does refer to 'any feature of archaeological, historical or cultural significance', and it is not clear why geological features are not also included. The definition does refer to 'landform' and it can be argued that geological features would fit within this category.

The difficulty with adding a reference to 'geological features' is that this term is not used in clause 12.9.3.3. It is therefore recommended that this wording not be added to the definition.

Within any site

These submissions seek to amend the definition to limit the extent of a significant environmental feature by adding a reference to 'within any site'. It is considered that the definition should not be limited in this manner as features can extend beyond any one site.

Recommended amendments

It is recommended that these submissions be accepted in part and the definition amended as follows:

" Significant environmental feature means ~~either~~ any of the following:

The whole of any distinct natural feature , landform or landscape which makes a significant contribution to the quality of the local natural environment and amenity.
Any feature of archaeological, historical or cultural significance.
It may include one or more of the following:
any site of ecological significance scheduled in the Plan
a water system
a habitat for indigenous species
an association of indigenous vegetation
a landform (including any significant ridgeline identified on the planning maps)
an ecological corridor
a visually significant area or group of areas
any item scheduled in the Plan for its archaeological, historical or cultural significance."

It is acknowledged that there is a need to ensure that the definition of significant environmental feature is well-aligned with the standards and terms in clause 12.9.3.3. Both provisions will need to be further compared when the decision reports for part 12 and part 14 are prepared.

4.6.2.3 Water body

Definition of water body in part 14

Water body is defined in part 14 as follows:

" Water body means fresh or tidal water in a river, lake, stream, pond or modified natural water course.

It does not include any of the following:

any artificial water course such as a drain or an irrigation canal
any ephemeral streams that do not support aquatic life
any water located below mean high water springs."

Use of the term 'water body' in the Plan

The term 'water body' is predominantly used in the Plan in the context of the water body protection yard requirements which are found in clause 10c.5.7. The only other use of the term 'water body' in the Plan is in part 9 in relation to spill containment systems [3] , and in part 12 in relation to esplanade reserves [4] .

Amendments sought

Submission 560/12 seeks to amend the definition of water body to that provided in the RMA. That definition is as follows:

" Water body means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area."

In its supporting reasons, submission 560/12 expresses concern that the 20m protection yard for water bodies is overly restrictive given the Plan's broad definition of 'water body'. Another subpart of the submission ( 560/14) seeks to reduce the protection yard for water bodies and wetlands to 10m. That request has been considered in the hearing on part 10c.

It is considered that the definition of water body used in the Plan is appropriate for applying the associated requirements for protection yards. It may have been desirable to use different terminology to avoid any confusion which may arise with the RMA definition. The RMA definition is not appropriate for applying the protection yard requirements for the following reasons:

it includes aquifers
it does not apply to tidal water bodies such as estuaries which may be above MHWS
it includes wetlands - the Plan has carried over the approach of the operative Plan which has a separate protection yard requirement for wetlands
it is not clear whether it applies to modified and artificial water courses, or to ephemeral streams.

It is recommended that submission 560/12 be rejected.

4.6.2.4 Wetland

Definition of wetland in part 14

Wetland is defined in part 14 as follows:

" Wetland means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions."

This is the same definition as exists in the operative Plan.

Amendments sought

Submission 355/1 seeks that the definition of wetland exclude areas where this land condition has been caused or aggravated by the activities or neglect of responsibility of any of the following: territorial authorities (past or present), government departments, contractors or individuals acting on behalf of these. The submission expresses concern that the definition describes a land condition without taking into account the reason for this condition.

Submission 560/13 seeks to amend the definition of wetland to that provided in the RMA which is as follows:

" Wetland includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions:"

Submission 1243/93 seeks to amend the definition of wetland to provide that wetland does not include land that is used for pastoral farming.

The amendments suggested in submission 355/1 and 1243/93 are not supported and it is recommended that these submissions be rejected.

In its supporting reasons, submission 560/13 expresses concern that the 20m protection yard for wetlands is overly restrictive given the Plan's broad definition of 'wetland'. Another subpart of the submission ( 560/14) seeks to reduce the protection yard for water bodies and wetlands to 10m. That request has been considered in the hearing on part 10c.

It is recommended that submission 560/13 be rejected. The definition of wetland is considered appropriate.

Planner's recommendations for submissions about definitions relating to ecological and environmental definitions

That submissions 355/1, 560/12, 560/13, 1243/93, 3521/140 be rejected.
That submission 2505/1 be accepted and the Plan be amended accordingly as set out in appendix 3.
That submissions 618/150, 1101/109, 1286/79, 1287/122, 1288/152, 1289/118, 2878/80 be accepted in part to the extent that they support the amendments set out in appendix 3.

4.7 Submissions about definitions relating to educational and community activities

Submissions dealt with in this section: 537/17, 1063/1, 1074/1, 1257/3, 2517/2

4.7.1 Decisions requested

The submissions considered in this section relate to the existing definition for 'educational facilities' and seek three new definitions for:

Department of Conservation ('DOC') structures, facilities and operations
emergency service facilities
active and passive recreational activities.

4.7.2 Planner's analysis and recommendations

4.7.2.1 Educational facilities

Definition of educational facilities in part 14

Educational facilities is defined in part 14 as follows:

" 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."

Submission 1063/1

Submission 1063/1 seeks to retain the definition of educational facilities. It is recommended that this submission be accepted.

4.7.2.2 Proposed new definition - DOC structures, facilities and operations

Submission 2517/2 seeks to include a new definition of DOC structures, facilities and operations as follows:

" DOC structures, facilities and operations

Includes all operations, visitor and accommodation facilities (including staff accommodation), helicopter flights, walking tracks, boardwalks, staircases, huts and bunkhouses, toilets, utility buildings (including hazardous materials storage), viewing platforms, species translocation, pest eradication and weed control (including the use of approved toxins) and any other structures and facilities necessary to achieve DOC's functions under the Conservation Act 1987."

This definition relates to other subparts of submission 2517 which seek to exempt DOC structures, facilities and operations from rules about earthworks, removal of indigenous vegetation, natural hazards, protection yards, and scheduled heritage items.

It is not clear whether or not this definition will be required as it depends on the outcome of other hearings - in particular the hearing on the conservation land unit. It is therefore recommended that the panel consider 2517/2 further in the context of the outcome of other hearings.

4.7.2.3 Proposed new definition - emergency service facilities

Submission 537/17 (from NZ Fire Service) seeks to include a new definition for emergency services facilities as follows:

" Emergency services facilities means those facilities or authorities which are responsible for the safety and physical welfare of the people or property in the community and includes fire stations, ambulance stations and police stations."

Submission 1074/1 (from the NZ Police) also seeks to include a definition for emergency service facilities.

An earlier hearing report, which considers general submissions on land units and settlement areas, has already recommended that in response to submissions the Plan should make specific provision for emergency services facilities in some land units and settlement areas. The report noted that a definition would be required and considered the definition sought in submission 537/17. However, as discussed in that hearing report, this definition is considered to be too broad as it is not confined to fire stations, ambulance stations and police stations. The following definition is instead recommended:

" Emergency services facilities means land and buildings used for a fire station, ambulance station or police station. This may include administration, vehicle and equipment storage and maintenance, and training."

It is recommended that this definition be included in part 14 and that submission 537/1 be accepted in part, and that submission 1074/1 be accepted accordingly.

4.7.2.4 Proposed new definitions - active and passive recreational activities

Submission 1257/3 seeks, for the purposes of clarity, to include definitions of 'active recreational activities' and 'passive recreational activities'.

In its supporting reasons, this submission states that the lack of any clear definition in the Plan of 'active' and 'passive' recreational activities will create uncertainty and confusion over the intent of the recreation 1 and 2 land units and their objectives and policies.

Objectives and policies of recreation 1

The objective and policies for recreation 1 (local parks and esplanade reserves) are as follows (underlining added):

" 10a.22.3 Objective

To facilitate the use and enjoyment of local parks and esplanade reserves for passive recreation while protecting the visual amenity and ecological value of the land unit.

Policies

By providing for passive recreation activities to establish and operate within the land unit.
By limiting the scale and intensity of the activities that can occur within the land unit to avoid adverse effects on the visual amenity and ecological value of the land unit.
By ensuring that the scale, form, colour and location of new buildings will not have adverse effects on the visual amenity and ecological values of the land unit.
By requiring that new planting on conservation and esplanade reserves to consist of ecosourced species."

Clause 10a.22.1 Introduction, sets out that, amongst other things, recreation 1 is characterised by "Passive recreation activities such as walking, cycling and picnic areas." The activity table (at clause 10a.22.5) does not provide for more intensive recreation facilities such as sports fields. The following activities are permitted in recreation 1: artworks, monuments and sculptures; carparking areas; observation areas and viewing structures; park furniture; planted areas; playgrounds; stormwater retention ponds; toilet and changing facilities; walking, jogging, fitness and riding trails.

Objectives and policies of recreation 2

The objective and policies for recreation 2 (community facilities and sports parks) are as follows (underlining added):

" 10a.23.3 Objective

To facilitate the use and enjoyment of community facilities and sports parks for active recreation and community activities while protecting the visual amenity of the land unit.

Policies

By providing for active recreation and community activities to establish and operate in the land unit.
By ensuring that the scale, form, colour and location of new buildings will not have adverse effects on the visual amenity of the land unit."

Clause 10a.23.1 Introduction, sets out that, amongst other things, recreation 2 is characterised by "A range of active recreation (eg sports fields, skateboard parks)...". In addition to the activities permitted in recreation 1, the following additional activities are permitted in recreation 2: artificial lighting under 150 lux; clubrooms; community facilities; information centres; marae; organised sports and recreation and associated grounds and playing fields.

Need for definitions of passive and active recreation

Adding in definitions of passive and active recreation may provide some additional clarity for users of the Plan. The following definitions could be considered by the panel:

" Passive recreation means informal recreation such as walking, picnicking and riding trails (bridle and bicycle)."

" Active recreation means organised sports and recreation and associated grounds and playing fields."

The need for these definitions is dependent on decisions made on other submissions considered in the hearings on recreation 1 and 2. It is therefore recommended that the panel consider 1257/3 further in the context of the outcome of the other related hearings.

Planner's recommendations for submissions about definitions relating to educational and community activities

That submission 1063/1 be accepted.
2 That submission 2517/2, which proposes a definition for DOC structures, facilities and operations, be considered further in the context of the outcome of other related hearings, in particular the hearing on the conservation land unit.
That submission 537/17 be accepted in part to the extent that it supports the amendments set out in appendix 3.
That submission 1074/1 be accepted and the Plan be amended accordingly as set out in appendix 3
That submission 1257/3 which seeks definitions of passive and active recreation, be considered further in the context of the outcome of other related hearings, in particular the hearing on recreation 1 and 2.

4.8 Submissions about definitions relating to 'site'

Submissions dealt with in this section: 2096/2, 2096/3, 2096/7

4.8.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

entrance strip
net site area

4.8.2 Planner's analysis and recommendations

4.8.2.1 Entrance strip

Definition of entrance strip in part 14

Entrance strip is defined in part 14 as follows:

" Entrance strip means the narrow part of a site, designed to provide vehicle or other access from a road to the main part of the site. The entrance strip may have easements that provide access to other sites. The entrance strip only includes the narrow part of the site until is reaches 7.5m wide, perpendicular to the course of the entrance strip (as shown on figure 14.1: Entrance strip )."

A copy of figure 14.1 Entrance strip, as notified is contained in appendix 4 attached to this report.

Submissions 2096/2 and 2096/3

Submission 2096/2 seeks to amend the third sentence in the definition of entrance strip, by changing the word 'is' to 'it'.

Submission 2096/3 seeks to amend figure 14.1 Entrance strip, in accordance with the amended figure attached to the submission. The amended diagram more clearly identifies:

the boundaries of the front site
the boundaries of the rear site
the extent of the entrance strip
that the entrance strip forms part of the rear site and not part of the front site.

A copy of the amended figure 14.1 Entrance strip, is contained in appendix 3.

These submissions were lodged by the council. Submission 2096/2 amends a minor typographical error. Submission 2096/3 is intended to clarify that the entrance strip as shown in figure 14.1 forms part of the rear site shown on that figure, but not part of the front site. The amendment also more clearly identifies the extent of the entrance strip.

It is recommended that submissions 2096/2 and 2096/3 be accepted.

4.8.2.2 Net site area

Submission 2096/7 seeks to amend the definition of 'net site area' by amending the final sentence, and adding an additional sentence, to read as follows:

" Net site area means the net area of a site. It is calculated by deducting the area of the entrance strip (if any) from gross site area. Note: for front and corner sites, net site area is the same as gross site area ."

This submission was lodged by the council. The amendment sought is intended to clarify that not all sites have an entrance strip, and therefore in some cases the net site area will be the same as the gross site area. It is recommended that this submission be accepted.

Planner's recommendations for submissions about definitions relating to 'site'

That submissions 2096/2, 2096/3, 2096/7 be accepted and the Plan be amended accordingly as set out in appendix 3.

4.9 Submissions about definitions relating to transport

Submissions dealt with in this section: 1330/4, 3605/1

4.9.1 Decisions requested

The submissions considered in this section relate to the existing definition for 'helipad' and seeks a new definition for 'park and ride'.

4.9.2 Planner's analysis and recommendations

4.9.2.1 Helipad

Definition of helipad in part 14

Helipad is defined in part 14 as follows:

" Helipad means land or buildings used for the take off and landing of helicopters. It does not include facilities for servicing, freight handling or storage hangars."

Submission 3605/1

Submission 3605/1 seeks to replace the proposed definition of helipad with the definition contained in the operative Plan. The definition in the operative Plan states as follows:

" Helipad means a site (as defined herein) set aside primarily for the take-off and landing of helicopters used for more than 4 inward movements and 4 outward movements in any 7 day period or more than 10 movements in any one month. A helipad may include passenger facilities but shall not have servicing, hangaring or freight handling facilities."

This submission is from the owners of a property at 222 Delamore Lane, Matiatia Estate, which is classified as rural 2 (western landscape) under the Plan. In its supporting reasons the submission states that the new definition removes uncertainty regarding the frequency of use of helipads. It also notes that the activity table for rural 2 (clause 10a.20.5) does not list helipad or any similar activity as a permitted, controlled or discretionary activity. The submission seeks to confirm the use rights available to helipads under the operative Plan.

The rules for helipads are contained in clause 13.8 Rules - helipads and airstrips. The limitations on number of movements are specified in clause 13.8 rather than in the definition. Helipads are discretionary activities in rural 2, provided they are used for no more than three inward and three outward movements in a seven day period. Where this number of movements is exceeded, the activity becomes non-complying.

The request for a return to the definition in the operative Plan is not supported. It is appropriate to include the limits on movements in part 12 of the Plan rather than in the definition. However in response to this submission it is appropriate to consider whether the rules in clause 13.8 are overly restrictive as they do not permit any helipads as of right in rural 2. The issue of helipads has been considered in detail in the hearing report on part 12 of the Plan and no amendments have been recommended to the discretionary status of helipads in rural 2.

It is recommended that submission 3605/1 be rejected.

4.9.2.2 Proposed new definition - park and ride

Submission 1330/4 seeks to include a definition of 'park and ride' as follows:

" Park and ride means the provision of commuter parking to be made available at no charge for patrons of public transport."

This submission is from the Cory Family Trust who own land in Ostend village which they propose to develop for a supermarket and a park and ride facility. Another subpart of the submission ( 1330/3) seeks to include 'park and ride facilities' as permitted in the activity table for commercial 2 (Ostend village). This submission has been considered in the hearing report for commercial 2. That report recommends that park and ride facilities be provided for as a discretionary activity in commercial 2.

Commercial carparking is provided for as a discretionary activity in Ostend village. The definition of commercial carparking refers to "parking available to members of the public for a fee". If park and ride facilities are provided free of charge they would not fit within the definition of commercial carparking and would therefore be a non-complying activity.

The following definition is recommended:

Park and ride facilities means all day carparking provided for commuters so that they can use passenger transport (ie bus) for all or part of their journey to and from work.

The submission should therefore be accepted in part.

Planner's recommendations for submissions about definitions relating to transport

That submission 3605/1 be rejected.
That submission 1330/4 be accepted in part to the extent that it supports the amendments set out in appendix 3.

4.10 Submissions about definitions relating to hazardous facilities

Submissions dealt with in this section: 537/2, 1093/81, 1093/85

4.10.1 Decisions requested

The submissions considered in this section relate to the existing definition of 'hazardous facility' and seek a new definition for 'GROWSAFE'.

4.10.2 Planner's analysis and recommendations

4.10.2.1 Hazardous facility

Definition of hazardous facility in part 14

Hazardous facility is defined in part 14 of the Plan as follows:

" Hazardous facility means activities involving hazardous substances and sites.

It includes any of the following:

Sites where hazardous substances are used, stored or disposed of.
Vehicles used for transporting hazardous substances.

It does not include any of the following:

The incidental use and storage of hazardous substances in minimal domestic scale quantities.
Hazardous activities which do not involve hazardous substances but which may pose a risk to people or the natural environment due to a physical or biological hazard (eg earthworks, electromagnetic radiation, genetically modified organisms and flour dust).
Network utility pipelines used for the transfer of hazardous substances such as gas, oil and sewage.
Infectious substances.
Retail premises which sell hazardous substances for the domestic use (eg supermarkets, hardware shops, pharmacies).
Fuel in motor vehicles, boats and small engines.
Facilities using genetically modified organisms."

Provision for hazardous facilities in the Plan

The rules for hazardous facilities are found in part 9 - Hazardous facilities and contaminated land, of the Plan. The activity status of any hazardous facility is determined by the thresholds indicated in table 9.1: Hazardous facilities consent status.

Exclusion for emergency services facilities

Submission 537/2, from the NZ Fire Service Commission, seeks to amend the definition of hazardous facility by adding the following exclusion:

"8. Emergency services facilities."

In its supporting reasons the submission explains that fire fighting equipment includes the storage of 2-4 times 20 litre oxygen mix tanks on every fire appliance, with extra tanks stored within fire stations and rural fire buildings. The submission states that the definition of hazardous facility should not include fire stations (or in the case of those islands under the Rural Fire Authority, those buildings used for the storage of fire fighting equipment), as a principal purpose of the Commission is maintaining the safety and well being of the community.

Table 9.1 Hazardous facilities consent status, sets out the consent status for the use and storage of various quantities of hazardous substances in various land units and settlement areas. The following part of the table applies to oxygen:

Hazardous substance property	Class	HSNO subclass	Land units and settlement areas (by group)
			Group A			Group B			Group C
			Activity status			Activity status			Activity status
			P	RD	D	P	RD	D	P	D
Oxidising capacity	5	5.1.2 gases	<1,000m ³	1,000- 2,000m ³	>2,000m ³	<400m ³	400- 1,000m ³	>1,000m ³	<40m ³	>40m ³

For the purposes of this table, the land units and settlement areas have been grouped as follows:

Group A Land units: commercial 5, 6 and 7; Matiatia

Settlement areas: Medlands quarry area

Group B Land units: landform 3 and 5; commercial 1, 2 and 3; Matiatia; rural 1, 2 and 3

Settlement areas: Claris airport area, Claris light industry area

Group C Land units: landform 1, 2, 4, 6, and 7; island residential 1 and 2; commercial 4; recreation 1, 2 and 3, conservation, Pakatoa, Rotoroa

Settlement areas: all areas not otherwise listed under group B or C

The permitted activity limits for oxygen range from 40m ³ (or 40,000 litres [5] ) in group C to 1,000m ³ (or 1,000,000 litres) in group B. The 40,000 litres permitted in group C equates to 2000 twenty litre oxygen tanks. It appears that the concerns expressed in this submission are unwarranted as the permitted activity standards are sufficient to meet the requirements associated with a fire station.

Notwithstanding the fact that it is not necessary, the request in this submission to exempt emergency service facilities from the rules in part 9 is not supported for other reasons. The objective of the hazardous facilities provisions in part 9 of the Plan is to avoid or mitigate the risks of adverse effects created by hazardous facilities on the environment. The definition of environment in the RMA includes people and communities. It would be contrary to this objective to exempt emergency services facilities from the rules in part 9.

It is recommended that submission 537/2 be rejected.

Exclusion for agrichemicals

Submission 1093/81 seeks to amend the definition of hazardous facility by adding the following exclusion:

"8. Facilities for the storage of agrichemicals under the control of a certified GROWSAFE winegrower where the quantities stored do not exceed those limits provided for in table 9.1."

This submission is not supported. GROWSAFE certification is a relevant factor to be taken into account by the council when assessing a resource consent application for a hazardous facility. However the certification should not warrant exclusion from the definition of hazardous facility.

It is not clear what the submission means when it refers to 'where the quantities stored do not exceed those limits provided for in table 9.1'. The table identifies different quantities as permitted, restricted discretionary and discretionary activities. There is no upper limit identified for quantities that may be applied for as a discretionary activity.

It is recommended that submission 1093/81 be rejected.

4.10.2.2 Proposed new definition - GROWSAFE

Submission 1093/85 seeks to add a definition of GROWSAFE as follows:

" GROWSAFE means certification subsequent to attending a Land Based Training Growsafe Course and being conversant with the requirements of NZS 8409:1995 Agrichemical Users Code of Practice."

The submission refers to a New Zealand standard, NZS 8409:1995. It is noted that this standard has not been incorporated by reference as provided for in part 3 of schedule 1 of the RMA. For this reason, there are potentially legal difficulties in using this standard to determine compliance with a rule in the Plan.

The previous section (4.10.2.1) does not recommend use of the term 'GROWSAFE' in the Plan. Neither does the hearing report on part 9 - Hazardous facilities and contaminated land. As this term is not used in the Plan, this definition is not required. It is accordingly recommended that submission 1093/85 be rejected.

Planner's recommendations for submissions about definitions relating to hazardous facilities

That submissions 537/2, 1093/81, 1093/85 be rejected.

4.11 Submissions about definitions relating to network utilities

Submissions dealt with in this section: 33/3, 33/4, 613/4, 941/51, 941/52, 1081/1, 1081/2, 1084/1, 3026/6, 3061/157, 3291/4

4.11.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

electricity network
metrolight pole
network utility service
telecommunication network
wastewater network.

New definitions are sought for:

navigational aids, air traffic control facilities and flight information services

One submission seeks to retain the proposed definition of radio communication facilities. However this term is currently not defined in part 14.

4.11.2 Planner's analysis and recommendations

4.11.2.1 Electricity network

Definition of electricity network in part 14

Electricity network is defined in part 14 as follows:

" Electricity network means a system made up of electrical links to allow the distribution of electricity. It includes any of the following:

Underground infrastructure located at or below the existing ground surface. This includes cables (service connection and distribution lines), cabinets, conductors, transformers, substations, and Totally Underground Distribution Systems (TUDS).
Aboveground infrastructure located above the existing ground surface. This includes cabinets, pillars, transformers and substations.
Overhead infrastructure located over the existing ground surface and suspended by poles or support structures. This includes cables (service connection and distribution lines) and support poles, and any equipment or structure located on support poles."

Submission 941/51

Submission 941/51 (from Vector Ltd) seeks that the definition of electricity network be adopted as notified. It is recommended that this submission be accepted.

4.11.2.2 Metrolight pole

Definition of metrolight pole in part 14

Metrolight pole is defined in part 14 as follows:

" Metrolight pole means a street light pole that has been designed to include telecommunications equipment within the pole structure. The equipment may include cell site antennas."

Provision for metrolight poles in the Plan

Clause 5.5.1 provides for metrolight poles as a permitted activity in all land units, settlement areas, and formal legal roads unless otherwise stated. The Plan does not limit the height of metrolight poles.

Amendments sought

Submission 33/3 (from Telecom NZ) seeks to amend the definition of metrolight pole to replace 'cell site' and/or 'cell phone' antennas and masts with the more generic description of 'radio communication antennas' (or relief of similar effect).

Submission 33/4 seeks to amend the definition of metrolight poles to provide for antennas mounted externally to metrolight pole structures. Telecom are concerned that the definition of metrolight pole appears to infer that the antennas must be inside the pole structure.

Chris Horne, a planning consultant acting for Telecom, provided some evidence on metrolight poles at the hearing on part 5 - Network utilities. A metrolight pole is a wireless telecommunications facility incorporated into a modified street light and used extensively by Telecom and Vodaphone.

National environmental standards ('NES') for telecommunications facilities were gazetted on 11 September 2008 and will come into force on 9 October 2008. The regulations will substitute existing district plan rules on the subject material. Under the NES the installation of antennas on existing structures alongside roads or in the road reserve is a permitted activity, subject to specified limitations to height and size.

In response to these submissions, it is recommended that the definition be amended as follows:

" Metrolight pole means a street light pole that has been designed to include telecommunications equipment ~~within~~ as part of the pole structure. The equipment may include ~~cell site~~ radio communication antennas."

Submissions 33/3 and 33/4 should therefore be accepted.

It is noted that under clause 5.6.2, both street light poles and metrolight poles are excluded from the maximum height control applying in the land unit or settlement area in which they are located. However the addition of an antenna to a street light pole would need to comply with the limits on height and size set out in NES. A rule may not be more lenient than a national environmental standard.

4.11.2.3 Network utility service

Definition of network utility service in part 14

Network utility service is defined in part 14 as follows:

" Network utility service means any activity relating to one or more of the following:

Distribution or transmission by pipeline of natural or manufactured gas petroleum or geothermal energy.
Telecommunication or radiocommunication.
Transformation, transmission or distribution of electricity.
The transmission and distribution of water, (whether treated or untreated), for the supply including irrigation.
Stormwater drainage or sewerage reticulation systems.
Construction, operation and maintenance of railway lines, tramways and roads.
Construction, operation and maintenance of an airport as defined by the Airport Authorities Act 1966, including the provision of any approach control service within the meaning of the Civil Aviation Act 1990.
Lighthouse, navigation aids and beacons.
Meteorological services.
A project or work described as a 'network utility operation' by regulations made under the RMA.

'Network utility' or 'utility service' has a corresponding meaning."

Submission 941/52

Submission 941/52 (from Vector Ltd) seeks that the definition of network utility service be adopted as notified. It is recommended that this submission be accepted.

4.11.2.4 Telecommunication network

Definition of telecommunication network at part 14

Telecommunication facilities is defined in part 14 as follows:

" Telecommunication network means a system made up of telecommunication links to allow telecommunication. It includes any of the following:

Underground infrastructure located at or below the existing ground surface. This includes cables (service connection and distribution lines including fibre optic), cabinets, conductors and Totally Underground Distribution Systems (TUDS).
Aboveground infrastructure located above the existing ground surface. This includes public telephone boxes, cabinets, junction pillars, cellphone antennas, cell site antennas, masts and metrolight poles.
Overhead cable infrastructure located above the existing ground surface and suspended by poles or support structures. This includes cables (service connection and distribution lines including fibre optic) and support poles, and any equipment or structure located on support poles.

Submission 1081/1

Submission 1081/1 (from Airways Corporation NZ) seeks to retain proposed definition of 'telecommunication facilities' at part 14. It is likely that this submission is referring to the definition of telecommunication network. It is recommended that this submission be accepted.

4.11.2.5 Radio communication facilities

Submission 1081/2 seeks to retain the proposed definition of radio communication facilities. However part 14 does not currently contain such a definition. It is therefore not clear whether the submitter is seeking a definition of radio communication facilities or alternatively is actually meaning to support some other definition. The submitter may wish to provide further clarification at the hearing. At this stage it is recommended that the submission be rejected.

4.11.2.6 Wastewater network

Definition of wastewater network in part 14

Wastewater network is defined in part 14 as follows:

" Wastewater network means a system made up of wastewater links to allow the reticulation of wastewater or sewage. It includes any of the following:

Underground infrastructure located at or below the existing ground surface. This includes associated equipment, pipes and fittings, chambers and pits, meters, pumping stations, manholes and detention tanks.
Aboveground infrastructure located above the existing ground surface. This includes aerial pipe bridges, pumping stations, transformers, ventilation pipes, manholes, discharge outlets equipment, cabinets, emergency overflows, aerials, overflow screens and biofilters."

Provision for wastewater networks in the Plan

The term 'wastewater network' is relevant for applying the rules in part 5 - Network utility services.

Submissions

Submission 613/4 seeks that the definition of wastewater network be altered to ensure that reticulation systems are restricted to transferring grey water and black water without solids. Similarly submissions 3026/6, 3061/157 and 3291/4 seek that the definition of wastewater network be altered to ensure that reticulation systems supplying wastewater treatment plants are restricted to transferring grey water and black water without solids.

Other subparts of submission 613, 3026, 3061 and 3291 oppose the designation for the Owhanake Wastewater Treatment Plant. It is within this context that these requests for changes to the definition of wastewater network are made.

There is opposition on Waiheke to any prospect of a reticulated wastewater system to replace reliance on on-site disposal methods. These concerns were raised in the hearing on part 5 - Network utilities. The submissions considered in that hearing give sufficient scope to address the concerns by amending the activity table in clause 5.5.1. That is considered a better approach than amending the definition. Therefore, while it is recommended that these submissions be rejected, it is noted that they can be met by other amendments to the Plan.

4.11.2.7 Proposed new definitions - navigational aids, air traffic control facilities and flight information services

Submission 1084/1 (Airways Corporation NZ) seeks to include definitions for navigational aids, air traffic control facilities and flight information services.

Another subpart of this submission seeks to provide for navigational aids, air traffic control facilities and flight information services in appropriate land units and settlement areas. That submission ( 1084/2) has been considered in the hearing report on part 5 - Network utilities. The report noted that these might be appropriate but sought more information from the submitter about what is envisaged. However the submitter did not attend the hearing on part 5 or provide further information.

The nature of the facilities referred to in the submission is unclear, and there is insufficient information to write a well-focussed definition. It is therefore recommended that the submission be rejected.

Planner's recommendations for submissions about definitions relating to network utilities

That submissions 613/4, 1081/2, 1084/1, 3026/6, 3061/157, 3291/4 be rejected.
That submissions 941/51, 941/52, 1081/1 be accepted.
That submissions 33/3, 33/4, be accepted and the Plan be amended accordingly as set out in appendix 3.

4.12 Submissions about other definitions

Submissions dealt with in this section:

Group 1: 306/3, 308/5, 371/5, 372/3, 564/3, 573/5, 578/3, 581/3, 630/5, 635/3, 640/3, 641/5, 645/3, 647/5, 654/3, 656/5, 674/5, 676/3, 686/5, 697/5, 699/5, 704/3, 708/3, 711/5, 719/5, 726/5, 728/3, 740/5, 743/3, 798/5, 807/5, 812/5, 815/5, 824/5, 873/5, 882/3, 885/5, 907/3, 910/5, 932/5, 934/3, 956/3, 959/5, 960/5, 1015/5, 1024/3, 1055/50, 1133/5, 1141/3, 1236/5, 1237/3, 1322/3, 1778/3, 1779/3, 1780/3, 1781/3, 1782/3, 1783/3, 1784/3, 1785/3, 1786/3, 1787/3, 1788/3, 1789/3, 1790/3, 1791/3, 1792/3, 1814/5, 1815/5, 1816/5, 1817/5, 1818/5, 1819/5, 1820/5, 1821/5, 1822/5, 1823/5, 1825/5, 1826/5, 1827/5, 1828/5, 1829/5, 1830/5, 1831/5, 1832/5, 1833/5, 1834/5, 1835/5, 1836/5, 2282/3, 2285/5, 2462/5, 2636/3, 2674/3, 2685/3, 2704/5, 2781/3, 2794/5, 2833/5, 2835/3, 2995/5, 3005/5, 3190/5, 3207/3, 3209/5, 3218/5, 3226/3, 3228/5, 3236/5, 3240/3, 3251/3, 3253/5, 3267/5, 3273/3, 3275/3, 3278/5, 3287/3, 3289/5, 3303/3, 3305/5, 3312/3, 3314/5, 3318/5, 3319/3, 3334/3, 3336/5, 3340/5, 3342/3, 3348/3, 3356/5, 3364/3, 3366/5, 3369/3, 3371/5, 3386/5, 3404/5, 3535/3, 3559/5, 3576/3, 3624/5, 3646/5, 3821/3, 3823/5, 3837/3

Other: 618/126, 618/153, 618/157, 619/102, 754/112, 839/1, 859/111, 1093/80, 1101/11, 1101/106, 1101/112, 1101/116, 1284/11, 1285/27, 1286/83, 1286/108, 1287/50, 1287/126, 1287/128, 1288/156, 1288/159, 1289/16, 1289/115, 1289/121, 1289/125, 2001/12, 2001/38, 2506/1, 2506/2, 2670/101, 2721/8, 2737/1, 2740/1, 2878/84, 2878/109, 3026/7

4.12.1 Decisions requested

The submissions considered in this section relate to the following existing definitions:

ancillary activities
comprehensive development
new organism.

Six new definitions are sought as follows:

area plan
cluster development
comprehensive management plan
settlement area
biological control
wastewater

4.12.2 Planner's analysis and recommendations

4.12.2.1 Ancillary activities

Definition of ancillary activities in part 14

The definition of ancillary activities in part 14 states as follows:

" 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."

Submission 1093/80

Submission 1093/80 seeks to retain the definition of ancillary activities as currently provided. It is recommended that this submission be accepted.

4.12.2.2 Comprehensive development

Definition of comprehensive development in part 14

Comprehensive development is defined in part 14 as follows:

" Comprehensive development means a subdivision which creates at least three sites and which provides for the integrated assessment of the proposed sites, access (including any public access) and the development to be located on those sites."

Provision for comprehensive development in the Plan

Part 12 - Subdivision, of the Plan, provides for comprehensive development as a discretionary activity in the following land units:

rural 2 (western landscape) - Thompsons Point only (as defined in figure 12.1) - see clause 12.9.7
Pakatoa - see clause 12.9.9
Matiatia - see clause 12.9.10.

Submissions 618/153 and others

Eleven submissions ( 618/153, 619/102, 754/112, 859/111, 1101/112, 1285/27, 1286/83, 1287/126, 1288/156, 1289/121, 2670/101, 2878/84) state that the definition of comprehensive development should refer to 'any rural subdivision' and not be limited to the creation of two additional lots. These submissions appear to seek the following amendments to the definition:

" Comprehensive development means a ny rural subdivision ~~which creates at least three sites and~~ which provides for the integrated assessment of the proposed sites, access (including any public access) and the development to be located on those sites."

It is not necessary to add the word 'rural' in, since comprehensive development is only provided for where it is listed in the activity table. As noted above, it is provided for in the Matiatia land unit, and subdivision within this land unit could not fairly be described as 'rural subdivision'.

The Plan intends that comprehensive development create at least three sites so that the development does occur in a comprehensive manner, rather than on an ad hoc piecemeal basis.

It is recommended that submission 618/153 and others be rejected.

Submission 2001/38 - Pakatoa

Submission 2001/38 seeks to amend the definition of comprehensive development as it relates to Pakatoa so that it is consistent with the definition of an integrated visitor development.

The need for an amendment to the definition of comprehensive development as it relates to Pakatoa is dependent on decisions made on other submissions considered in the hearings on the Pakatoa land unit. It is therefore recommended that the panel consider 2001/38 further in the context of the outcome of other related hearings.

4.12.2.3 New organism

Submission 2506/1, from the Department of Conservation, seeks to add the following text at the end of the existing definition of new organism:

"...

This is the same definition as in the Hazardous Substances and New Organisms Act 1996.

A new organism shall not include any biological control organism authorised under other statute, and introduced for the purposes of a National Pest Management Strategy Plan, Regional Pest Strategy Plan, or Conservation Management Plan. "

It is recommended that this submission be rejected. It is desirable that the Plan use the same definition of new organism as that used in the Hazardous Substances and New Organisms Act 1996.

4.12.2.4 Proposed new definition - area plan

Submission 2001/12 seeks that the term 'area plan' be either defined in part 14 or renamed as concept plan with a definition given for that term.

This submission relates to the use of the term 'area plan' in clause 10a.26.4 which sets out the resource management strategy for Pakatoa. Clause 10a.26.4 includes the following statement:

"Pakatoa is managed through the use of an area plan which set out areas where different development or protection controls apply.

As noted above, these areas are:

tourist complex area
residential area
landscape protection area."

The spatial extent of each of these three areas is then identified on figure 10a.4 Pakatoa. The activity table at clause 10a.26.5 lists the status of various activities in each of the three areas.

It is considered that the meaning of the term 'area plan' on Pakatoa is quite clear from a reading of the provisions set out at clause 10a.26 Land unit - Pakatoa. It is not necessary to define this term in the Plan.

However it may be clearer if clause 10a.26.4 was reworded as follows:

"Pakatoa is managed ~~through the use of an area plan which set out~~ by identifying three sub- areas within the land unit where different development or protection controls apply.

As noted above, these areas are:

tourist complex area
residential area
landscape protection area."

It is therefore recommended that submission 2001/12 be accepted in part and that clause 10a.26.4 be amended accordingly.

4.12.2.5 Proposed new definition - biological control

Submission 2506/2 (from DOC) seeks that biological control be defined in part 14 as follows:

" Biological control

The application to a pest of a natural enemy which will prey upon or adversely affect the pest with the intention of reducing the level of infestation of the pest."

Submission 2506/1, which is considered above under section 4.12.2.3 , seeks to use the term 'biological control organism' in a proposed amendment to the definition of new organism. It has been recommended that submission 2506/1 be rejected. The definition of biological control is therefore not required and it is recommended that submission 2506/2 be rejected accordingly.

4.12.2.6 Proposed new definition - cluster development

Submissions 618/157, 1101/116, 1287/128 and 1289/125 seek a definition for cluster development. Other subparts of these submissions seek to provide for cluster development in various land units and in the subdivision provisions in part 12 of the Plan.

At this stage it is not envisaged that this definition will be required and it is therefore recommended that these submissions be rejected.

4.12.2.7 Proposed new definition - comprehensive management plan

Submissions 618/126, 1101/11, 1284/11, 1286/108, 1287/50, 1288/159, 1289/16, 2721/8 and 2878/109 seek to bring together and amend the definitions of rural property management plan and comprehensive development to describe a new activity being a comprehensive management plan (CMP) - the definition of that should relate to integrated land use and subdivision proposals that relate to the whole of a property and include land management, enhancement, environmental protection outcomes etc.

The need for a definition of comprehensive management plan is dependent on decisions made on other submissions considered in other hearings, in particular the hearing on part 12 - Subdivision. It is therefore recommended that the panel consider these submissions further in the context of the outcome of other related hearings.

4.12.2.8 Proposed new definition - settlement area

Submissions 839/1, 2737/1 and 2740/1 seek to add the definition of 'settlement area' to part 14, so that it is clear that clause 12.6.6(2) relates only to Great Barrier. The submissions are concerned that the clause could be applied to particular properties at Tiri Road, Waiheke, which have a split land unit classification of rural 1 (rural amenity) and island residential 1 (traditional residential).

Submissions 1101/106 and 1289/115 seek to include a definition of settlement areas that incorporates buildings over all of the islands in the Gulf both village and other.

The Plan identifies nine settlement areas on Great Barrier. The nine settlement areas are Tryphena, Medlands, Claris, Okupu, Whangaparapara, Awana, Okiwi, Port Fitzroy, and Aotea. The location of the settlement areas is identified in figures 10b.1 to 9 and also on the planning maps for the outer islands.

Clause 12.6.6(2), which is referred to in some of these submissions, clarifies how the subdivision rules apply to any site which is partly located with a settlement area and partly within a land unit. This situation could arise only on Great Barrier and that it is the only island which has settlement areas as identified by the Plan. However to provide greater clarity it is recommended that submissions be 839/1, 2737/1 and 2740/1 be accepted and that the following definition of settlement area be added to part 14:

" Settlement area means an area identified as such in figures 10b.1 to 9 and on the planning maps for the outer islands."

It is recommended that submissions 1101/106 and 1289/115 be rejected as the term is not intended to have the broader meaning proposed in these submissions.

4.12.2.9 Proposed new definition - wastewater

The 144 submissions identified as 'group 1' seek that the part 14 definition of wastewater be differentiated to include greywater, blackwater with / without solids, and septic tank processed blackwater adequate / inadequate to pump without additional water, septic tank sludge.

Submission 3026/7 asks that the Plan provide a clear understanding of definitions such as wastewater, greywater, blackwater, septage.

This terms are not used or likely to be used in the Plan, and there is no need for them to be defined. It is recommended that these submissions be rejected.

Planner's recommendations for submissions about other definitions

That submissions 306/3, 308/5, 371/5, 372/3, 564/3, 573/5, 578/3, 581/3, 630/5, 635/3, 640/3, 641/5, 645/3, 647/5, 654/3, 656/5, 674/5, 676/3, 686/5, 697/5, 699/5, 704/3, 708/3, 711/5, 719/5, 726/5, 728/3, 740/5, 743/3, 798/5, 807/5, 812/5, 815/5, 824/5, 873/5, 882/3, 885/5, 907/3, 910/5, 932/5, 934/3, 956/3, 959/5, 960/5, 1015/5, 1024/3, 1055/50, 1133/5, 1141/3, 1236/5, 1237/3, 1322/3, 1778/3, 1779/3, 1780/3, 1781/3, 1782/3, 1783/3, 1784/3, 1785/3, 1786/3, 1787/3, 1788/3, 1789/3, 1790/3, 1791/3, 1792/3, 1814/5, 1815/5, 1816/5, 1817/5, 1818/5, 1819/5, 1820/5, 1821/5, 1822/5, 1823/5, 1825/5, 1826/5, 1827/5, 1828/5, 1829/5, 1830/5, 1831/5, 1832/5, 1833/5, 1834/5, 1835/5, 1836/5, 2282/3, 2285/5, 2462/5, 2636/3, 2674/3, 2685/3, 2704/5, 2781/3, 2794/5, 2833/5, 2835/3, 2995/5, 3005/5, 3190/5, 3207/3, 3209/5, 3218/5, 3226/3, 3228/5, 3236/5, 3240/3, 3251/3, 3253/5, 3267/5, 3273/3, 3275/3, 3278/5, 3287/3, 3289/5, 3303/3, 3305/5, 3312/3, 3314/5, 3318/5, 3319/3, 3334/3, 3336/5, 3340/5, 3342/3, 3348/3, 3356/5, 3364/3, 3366/5, 3369/3, 3371/5, 3386/5, 3404/5, 3535/3, 3559/5, 3576/3, 3624/5, 3646/5, 3821/3, 3823/5, 3837/3 be rejected.
That submissions 618/153, 618/157, 619/102, 754/112, 859/111, 1101/106, 1101/112, 1101/116, 1285/27, 1286/83, 1287/126, 1287/128, 1288/156, 1289/115, 1289/121, 1289/125, 2001/24, 2506/1, 2506/2, 2670/101, 2878/84, 3026/7 be rejected.
That submission 2001/38, which seeks amendments to the definition of comprehensive development as it relates to Pakatoa, be considered further in the context of the outcome the hearing on the Pakatoa land unit.
That submissions 618/126, 1101/11, 1284/11, 1286/108, 1287/50, 1288/159, 1289/16, 2721/8, 2878/109, which seek a definition for comprehensive management plan, be considered further in the context of the outcome of other related hearings, in particular the hearing on part 12 - Subdivision.
That submission 1093/80 be accepted.
That submissions 839/1, 2737/1, 2740/1 be accepted and the Plan be amended accordingly as set out in appendix 3.
That submission 2001/12 be accepted in part to the extent that it supports the amendments set out in appendix 3.

4.13 Other matters

Submissions dealt with in this section: 2001/24

4.13.1 Decisions requested

Submissions 2001/24 seeks to amend part 14 to be consistent with requests elsewhere in submission 2001. Submission 2001 as a whole relates to the provisions in the Plan which apply to Pakatoa.

Also considered in this section is a clause 16(2) amendment to insert the RMA definition of coastal marine area into part 14 - Definitions.

4.13.2 Planner's analysis and recommendations

4.13.2.1 Pakatoa

It is recommended that submission 2001/24 be rejected. The other subparts of submission 2001 have been considered in other hearing reports. Those reports have not made any recommendations which would result in the need for consequential amendments to part 14. If, following consideration of the submissions, the panel decides that amendments to part 14 are required, it is anticipated that those amendments can be provided for as consequential on the acceptance of other subparts of 2001.

4.13.2.2 Clause 16(2) amendment to insert RMA definition of coastal marine area

The Plan uses a number of terms which have particular meanings as defined in the RMA. Those RMA terms which are likely to be of most relevance to a user of the Plan are set out in clause 14.4 of part 14 for information purposes. The terms set out here include amenity values, designation, environment and sustainable management. It has been noted that one term that has been omitted is 'coastal marine area'. This term is used in the Plan but has not been included in clause 14.4. It would assist users of the Plan if this term was added. It is considered that this omission can be corrected using clause 16(2) of the first schedule of the RMA. Clause 16(2) enables the council to make an amendment, without further formality, to its proposed plan to alter any information, where such an alteration is of minor effect, or may correct any minor errors.

It is therefore recommended that clause 14.4 be amended by adding the following entry in alphabetical order:

Coastal marine area

Section 2 states:

"Coastal marine area means the foreshore, seabed, and coastal water, and the air space above the water-

(a) Of which the seaward boundary is the outer limits of the territorial sea:

(b) Of which the landward boundary is the line of mean high water springs, except that where that line crosses a river, the landward boundary at that point shall be whichever is the lesser of�

(i) One kilometre upstream from the mouth of the river; or

(ii) The point upstream that is calculated by multiplying the width of the river mouth by 5:"

Planner's recommendations about other matters

That submission 2001/24 be rejected.
2 That, under clause 16(2) of the first schedule of the RMA, the definition of coastal marine area found in section 2 of the RMA be added to clause 14.4.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding part 14 - Definitions 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	Katherine Dorofaeff, Senior planner: islands
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
Part C

Appendix 4

Diagram - figure 14.1 Entrance strip (as notified)

[1] Dairies did not need to be separately listed as a permitted activity in these areas as retail premises, which would include dairies, are also listed as a permitted activity.

[2] Dairies did not need to be separately listed as a permitted activity in these areas as retail premises, which would include dairies, are also listed as a permitted activity.

[3] See clause 9.5.5.1(2), and the definition of spill containment systems in clause 9.7.

[4] See clause 12.13.4(1)(c) and 12.13.5(1)(d).

[5] The conversion factors are:

1litre = 0.001m ³

1m ³ = 1000 litres

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