District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
Street index |
Planning maps |
Text |
Appendices |
Annexures |
Section 32 material |
Plan modifications |
Help |
Notified - Home |
Decision - Home
Hearing reports index
Report on submissions to the Auckland City District Plan: Hauraki Gulf Islands
Section - Proposed 2006
| Topic: |
Land units Recreation 1 and Recreation 2 |
| Report to: |
The Hearing Panel |
| Author: |
Sarah Smith, assistant planner |
| Date: |
3 March 2008 |
| Group file: |
314/274022 |
1.0 Introduction
This report considers submissions and further submissions ('submissions')
that were received by the council in relation to Part 10a.22 - Land unit Recreation
1 and 10a.23 - Land unit Recreation 2 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 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 10a.22 and 10a.23. 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 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
W047/05
where the court set out the following measures for evaluating objectives, policies,
rules and other methods in district plans:
-
The objectives of the Plan are to be evaluated by the extent to
which they:
-
Are the most appropriate way to achieve the purpose of the RMA
(s32(3)(a)); and
-
Assist the council to carry out its functions in order to achieve
the purpose of the RMA (s72); and
-
Are in accordance with the provisions of part 2 of the RMA (s74(1).
-
2. The policies, rules, or other methods in the Plan are to be
evaluated by the extent to which they:
-
Are the most appropriate way to achieve the objectives of the
Plan (s32(3)(b)); and
-
Assist the council to carry out its functions in order to achieve
the purpose of the RMA (s72); and
-
Are in accordance with the provisions of part 2 of the RMA (s74(1));
and
-
(If a rule) achieve the objectives and policies of the Plan
(s76(1)(b)).
The purpose of the RMA is "to promote the sustainable management
of natural and physical resources", and "sustainable management" is defined in section
5(2) as meaning:
"... managing the use, development, and protection of natural and
physical resources in a way, or at a rate, which enables people and communities
to provide for their social, economic, and cultural wellbeing and for their health
and safety while—
(a) Sustaining the potential of natural and physical resources (excluding
minerals) to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil,
and ecosystems; and
(c) Avoiding, remedying, or mitigating any adverse effects of activities
on the environment."
Along with section 5, part 2 of the RMA includes sections 6 (matters
of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set
out a range of matters that the council needs to recognise and provide for in achieving
the purpose of the RMA. Those matters are also relevant when considering submissions.
The Plan must assist the council to carry out its functions under
section 31 of the RMA. These functions are:
"(a) The establishment, implementation, and review of objectives,
policies, and methods to achieve integrated management of the effects of the use,
development, or protection of land and associated natural and physical resources
of the district:
(b) the control of any actual or potential effects of the use, development,
or protection of land, including for the purpose of—
(i) the avoidance or mitigation of natural hazards; and
(ii) the prevention or mitigation of any adverse effects of the
storage, use, disposal, or transportation of hazardous substances; and
(iia) the prevention or mitigation of any adverse effects of the
development, subdivision, or use of contaminated land:
(iii) the maintenance of indigenous biological diversity:
(c) ...
(d) The control of the emission of noise and the mitigation of the
effects of noise:
(e) The control of any actual or potential effects of activities
in relation to the surface of water in rivers and lakes."
In addition to the matters listed above from the Eldamos decision:
-
The Plan must "give effect to" any national policy statement and
any New Zealand coastal policy statement (s75(3)(a) and (b)).
-
The Plan must "give effect to" the regional policy statement (made
operative after 10 August 2005) (s75(3)(c)).
-
The Plan must be "not inconsistent with" any regional plan (s75(4)).
-
The council must ensure that that the Plan does not conflict with
sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA").
Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated
as a New Zealand coastal policy statement under the RMA.
3.0 Background
This section of the report sets out background information about
the topic under consideration. It identifies how the Plan deals with Part 10a.22
and 10a.23.
Part 10a.22 Land unit Recreation 1 is applied to esplanade reserves,
local parks and conservation reserves on Waiheke and Great Barrier. Land unit Recreation
1 allows for passive recreation such as walking, cycling and picnic areas. Recreation
1 has high ecological and visual amenity values due to the general absence of buildings
and open space character and natural features, such as wetlands that result in the
reserves and parks being a significant community asset.
Part 10a.23 Land unit Recreation 2 is applied to sports parks and
community facilities such as halls and marae on Rakino, Waiheke and Great Barrier.
This land unit provides for active recreation in a more built environment, as compared
to Recreation 1, providing for facilities such as halls, clubrooms, and changing
rooms.
4.0 Analysis of submissions
4.1 Introduction
This section of the report discusses the decisions requested in
submissions about land units Recreation 1 and Recreation 2 and recommends how the
panel could respond to the matters raised and decisions requested in submissions.
The submissions are addressed under subject headings. While the relevant statutory
matters (identified in section 2.0 of this report) will not necessarily be referred
to directly, the discussion and recommendations have given appropriate consideration
to these and any other relevant matters.
A list of the submissions which raise issues about Recreation 1
and Recreation 2 together with the related further submissions is contained inappendix
1. Appendix 2 contains copies of the submissions and further submissions.
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 removing Recreation 1
Submissions dealt with in this section: 1140/1, 1140/2, 1140/3, 1140/4
4.2.1 Decisions requested
Submission 1140/1
seeks that land unit Recreation 1 be removed and Land Unit 17 Landscape Amenity
of the operative plan be re-instated.
Submission 1140/2
seeks that the provisions of Auckland City District Plan: Isthmus Section Recreation
9.6.1 Open Space 1 Conservation be introduced as a further category within the Land
Unit 17.
Submission 1140/3
seeks to remove all provisions pertaining to Recreation 1 in Parts 1-14 of the proposed
text.
Submission 1140/4
seeks to reinstate general rules and development rules for the resource as mandated
by the community, that recognise the strategic importance of local landscape amenity
reserves and esplanades and their relationship to/and providing for the sustainable
management of the land unit and the islands and waters of the Hauraki Gulf.
4.2.2 Planner's analysis and recommendations
4.2.2.1 Removing Recreation 1 and all provisions pertaining to Recreation 1
Submission 1140 further states that Recreation 1 classification
is too broad in its entirety, lacking the precision and detailed understanding of
community values and beliefs needed to affirm the cultural, historical, heritage,
ecological and strategic values which provide for, and underpin, sustainable management
of this resource.
However, it is considered that land unit Recreation 1 - local parks
and esplanades is more precise than the Land Unit 17 of the operative plan.
It specifically identifies the activities that are provided for within the Plan
and provides a clearer understanding of what can and cannot occur as of right.
There are no fundamental differences between the proposed Recreation
1 and the operative Land Unit 17 (LU17) as they are both providing for passive recreation
with a general absence of built development, and protecting the high ecological
value of the land unit. Under the operative land unit an unlisted activity is permitted,
and thus activities such as restaurants and retail shops are permitted within this
land unit; whereas under the proposed Recreation 1 land unit an unlisted activity
is non-complying and requires a resource consent. Therefore, Recreation 1 land unit
has more control over activities.
Land unit Recreation 1 was prepared after extensive consultation
with the community and other council divisions, including Arts, Community and Recreation
Policy (previously known as Community Planning and Recreation and Community Planning).
Land unit Recreation 1 is strategically important as it encourages
sustainable management by managing the growth and development that occurs within
passive recreational areas such as conservation reserves and esplanade reserves.
Recreation 1 allows people to meet their recreational needs while managing the adverse
effects of human activities on the environment by limiting the scale and intensity
of activities provided for within this land unit.
It is therefore inappropriate to remove Recreation 1, and all provisions
pertaining to Recreation 1, and to reinstate LU17.
It is recommended that submissions 1140/1
and 1140/3
be rejected.
4.2.2.2 Introducing 9.6.1 Open Space Conservation
This submission assumes LU17 is reinstated and further requests
the inclusion of clause 9.6.1 from the isthmus plan.
Recreation 1 addresses many of the issues of conservation and protection
of the land unit that are present within 9.6.1 Open Space 1 Conservation. An example
of this similarity is the policy in 9.6.1 Open Space 1 Conservation:
"By providing for activities which will have the least modification
to and the least impact on the natural environment and features of value."
Compared to the policy for Recreation 1:
"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."
Both of the policies are providing for the protection of the visual
and ecological values of the land while recognising the land as a passive recreational
resource.
Importantly, it is not appropriate to include provision 9.6.1 from
the isthmus plan within the Hauraki Gulf islands plan, as this provision has a different
context. The open space zoning 9.6.1 was formed to provide for a different community
and a different context to the islands. It was therefore important to form Recreation
1 within the islands' context.
It is therefore inappropriate to introduce the provision 9.6.1 Open
Space Conservation as a further category within the Land Unit 17 and thus it is
recommended that submission 1140/2
be rejected.
4.2.2.3 Reinstate general rules and development rules
It is not clear as to what general rules and development rules the
submitter wants to reinstate, and it is also unclear as to the community mandate
specified by the submitter; on this basis the submission is to be rejected. However,
the submitter is encouraged to attend the hearing and provide some specific examples
to the panel to support the submission.
However, it is not necessary to reinstate general rules and development
rules that recognise the strategic importance of the local landscape amenity reserves
and esplanades, as provisions of Recreation 1 adequately do this. The existing rules
in Recreation 1 recognise the importance of the landscape amenity reserves and esplanades
by restricting built environment and encouraging amenities such as artworks. Recreation
1 also recognises the importance of the reserves and esplanades in the introduction:
"Overall, the parks and reserves within the land unit are a significant
community asset with high visual amenity, passive recreational and ecological
values."
It is recommended that submission 1140/4
be rejected.
|
Planner's recommendations about submissions seeking the removal
of Recreation 1
That submissions
1140/1,
1140/2,
1140/3
and 1140/4
be rejected.
|
4.3 Submissions about map amendments
Submissions dealt with in this section: 2103/7, 2754/1, 2755/1, 2756/1
4.3.1 Decisions requested
Submission 2103/7
Submission 2103/7
seeks that Map 1 Sheet 15 Volume 1 - Inner Islands be amended by adding an 'lp'
symbol to the esplanade reserve adjoining the western end of Kuakarau Bay.
Deleting Recreation 1 zoning
Submissions 2754/1, 2755/1
and 2756/1
seek that Map 1 Sheet 11 Volume 1 - Inner Islands be amended to delete the zoning
of the unformed road at the western end of Onetangi Beach.
4.3.2 Planner's analysis and recommendations
4.3.2.1 Submission 2103/7
The submission states that the amendment is to correct an oversight
and will enable users to identify which recreation land unit classification applies
without having to refer to the adjacent Map 1 Sheet 14.
It is recommended that submission 2103/7
be accepted, as it will provide clarification to map users.
4.3.2.2 Deleting Recreation 1 zoning
The submissions state that the unformed road is the only practicable
access to several residential properties and provides the only legal frontage to
these properties. Further to this, the submitter states that the constraints arising
from zoning of the road will have an adverse effect on the ability of these residents
to use and enjoy their property.
A land unit is applied to all unformed roads within the Hauraki
Gulf. The reason being that while this land is identified as unformed road it requires
a land unit to provide control and a management structure until it is formed.
In the operative plan, the land unit applied to this unformed road
is Land Unit 17 Landscape Amenity (LU17). There are no fundamental differences between
LU17 and Recreation 1, and for the past ten years this landscape amenity land unit
has not caused any adverse effects on the properties fronting the unformed road.
The council is fully aware that some existing sites gain access from the unformed
road and there is no intention of changing this situation.
Lastly, the council does not intend to form this unformed road in
the foreseeable future. Reasons for this include an inadequate demand for the road
to be formed and the highly modified and sensitive environment in which it sits.
Therefore it is important to have a management structure governing the land identified
as unformed road.
It is recommended that these submissions be rejected.
|
Planner's recommendations about the submissions regarding
map amendments
That submission
2103/7 be accepted, and that Map 1 Sheet 15 of Maps - Volume 1 Inner Islands
be amended accordingly to show:
Symbol 'lp' on esplanade reserve adjoining the western end of
Kuakarau Bay.
That submissions
2754/1,
2755/1 and
2756/1
be rejected.
|
4.4 Submissions about restricting sprays and fertilisers
Submissions dealt with in this section: 2909/1, 2909/2, 2909/4, 2909/5
4.4.1 Decisions requested
Submission 2909/1
seeks that a policy be added to Recreation 1 that recognises the ecological values
of the streams and margins, and seeks to prevent the pollution of the streams and
margins by restricting the use of sprays and fertilisers.
Submission 2909/2
seeks that a policy be added to Recreation 2 that recognises the ecological values
of the streams and margins, and seeks to prevent the pollution of the streams and
margins by restricting the use of sprays and fertilisers.
Submission 2909/4
seeks that within Recreation 1, objectives, policies, assessment criteria and rules
be added that prohibit the general wide use of sprays and fertiliser in parks, limiting
such use to horticulture use around plants not turf. The submission further seeks
that any wider use should be a discretionary activity, and to include other relevant
criteria in the proposal.
Submission 2909/5
seeks that within Recreation 2, objectives, policies, assessment criteria and rules
be added that prohibit the general wide use of sprays and fertiliser in parks, limiting
such use to horticulture use around plants not turf. The submission further seeks
that any wider use should be a discretionary activity, and to include other relevant
criteria in the proposal.
4.4.2 Planner's analysis and recommendations
4.4.2.1 Policy that recognises the ecological values
Recreation 1 does recognise the high ecological value of the land
unit in the introduction, resource management issues, objective, policies and rules.
An example of this can be seen in policy 10a.22.3 (2):
"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."
The land unit in its entirety is recognised to have high ecological
value as it includes esplanade reserves that abut waterways.
It is inappropriate to recognise the ecological value of streams
and margins in Recreation 2, as they are a minority. There are no readily identifiable
streams present within Recreation 2 and therefore it is inappropriate to draw particular
attention to them through a policy.
There are, however, two particular Recreation 2 sites that require
mention due to their close proximity to a water system. The Recreation 2 site on
Causeway Road (Sheet 9, Map 1, Volume 1 - Inner Islands) is adjacent to Okahuiti
Creek, Site of Ecological Significance 9-19, which are saline and freshwater wetlands.
The second Recreation 2 site is on Ostend Road (Sheet 10, Map 1, Volume 1 - Inner
Islands) and Tawaipareira Creek, Site of Ecological Significance 10-9, covers the
northern end of this site.
These Sites of Ecological Significance are governed by their own
provisions, and these provisions are the highest level of protection that is afforded
through the Plan.
In addition, the Proposed Auckland Regional Council Plan; Air, Land,
Water recognises, specifically, the ecological value of rivers and streams.
"...the ecological values of streams are important in terms of biodiversity
and ensuring the health and wellbeing of ecosystems."
It is recommended that these submissions be rejected; as there are
only two readily identifiable water bodies on or abutting Recreation 2 land unit
and these already have the highest level of protection afforded by the Plan.
4.4.2.2 Restricting general wide use of spray
It is inappropriate for the Plan to create provisions regarding
the control of discharges of contaminants, as this is a function of the Auckland
Regional Council as set out in the RMA.
"30] Functions of regional councils under this Act
(1)Every regional council shall have the following functions for
the purpose of giving effect to this Act in its region:
...
(f)The control of discharges of contaminants into or onto land,
air, or water and discharges of water into water:"
The Proposed Auckland Regional Plan; Air, Land and Water includes
controls for fertiliser and agrichemical application and use.
The council's Weed Management Policy addresses approaches to weed
management including spraying.
It states that in 1988 the Waiheke County Council established a
moratorium on all herbicide use on Waiheke Island. In 1995, a provision was created
for limited herbicide application under restricted conditions. The council Parks
Officer may obtain dispensation for herbicide use, in bush reserves, on application
to the Community Board. This application will need to include a long-term
management proposal. The moratorium on herbicide use remains on all other areas,
such as road berms and sport fields.
Great Barrier Island Community Board's policy is that there is no
roadside spraying except to control specific environmentally damaging weeds.
In summary, this is an issue best dealt with outside of the district
plan process as it has been successfully managed by the council's Weed Management
Policy for many years. Therefore it is recommended that this submission be rejected.
|
Planner's recommendations about submissions restricting sprays
and fertiliser
That submissions
2909/1,
2909/2,
2909/4
and 2909/5
be rejected.
|
4.5 Submissions about lighting within Recreation 2
Submissions dealt with in this section: 1101/100, 1289/109, 2919/8
4.5.1 Decisions requested
These submissions request that where lighting is located within
Recreation 2, the Plan should require that the light sources are not visible from
outside the property boundary; and that there should be no diminution of the visibility
of the night sky or in the alternative, there should be no discharge of illumination
towards the night sky.
4.5.2 Planner's analysis and recommendations
4.5.2.1 Light source visibility
These submissions further state that the Plan should recognise that
the activities take place within a catchment and that it is all users and occupiers
of the catchment that are affected, not just the adjoining property owners.
Light visibility is dependent on the location of the property in
comparison to the light source as to whether it would be seen. Potentially,
the light source of a screened light could still be seen from a property that is
at a lower elevation. It is therefore inappropriate to regulate light source visibility
from outside the property boundary, as this may not be able to be achieved even
with screening.
Artificial lighting is regulated through both the Plan and by the
Auckland City Consolidated Bylaw 1998.
Lighting over 150lux is a discretionary activity in the Plan. Under
the council's discretion, lighting is assessed as follows - Part 11.3.2:
" ... a. The extent to which the outdoor lighting is located, directed
and designed to ensure that glare is not directed at adjacent sites.
b. The extent to which glare from outdoor lighting causes discomfort
and loss of amenity to adjacent sites."
Auckland City Consolidated Bylaw 1998, Part 13 Environmental Protection,
controls spill lighting associated with network utility services on private property,
as referred to in Part 5.7.2 of the Plan. This bylaw also controls lighting hours.
"13.3.1 A person shall not use on any premises between the hours
of 7am to 10pm any artificial lighting in such a manner that the use of such lighting
causes an added illuminance in excess of 100 lux, measured horizontally or vertically
at any point on or directly above the boundary of any adjacent land which is zoned
residential, in a residential precinct or used for residential purposes.
13.3.2 A person shall not use on any premises between the hours
of 10pm on one day to 7am on the next day any artificial lighting in such a manner
that the use of such lighting causes an added illuminance in excess of 10 lux measured
horizontally or vertically at any point on or directly above any adjacent boundary
of any adjacent land which is zoned residential, in a residential precinct or used
for residential purposes.
13.3.4 The exterior lighting on any property adjacent to a road
or land on which there is a residential use shall be so selected, located, aimed,
adjusted and screened as to ensure that glare resulting from the lighting does not
cause an unreasonable and appreciable level of discomfort to any persons. The standards
of Tables 2.1 and 2.2 of Australian Standards AS 4282 - 1997 (Control of the Obtrusive
Effects of Outdoor Lighting) may be used to determine glare and discomfort."
4.5.2.2 Diminution of night sky
The council bylaws Part 13 Environmental Protection provide control
over spill lighting and lighting hours. Clause 13.3.1 does not allow lighting that
causes an added illuminance in excess of 100lux between 7am and 10pm. This level
of lighting will not cause any significant diminution of the night sky. Lighting
is a facility that is expected to be associated with recreation land units and therefore
it is appropriate to permit insignificant light intensity.
Where the light intensity exceeds 150lux it is a discretionary activity.
Lighting is an assessment matter for council to consider when assessing a discretionary
activity. The assessment criteria under lighting 11.3.2(16.a) states:
"The extent to which glare from outdoor lighting detracts from the
dark night-time sky environment."
Artificial lighting is installed to provide lighting to allow a
recreational or community activity to occur after dusk. The facilities that require
lighting are significant community assets and therefore it is inappropriate to disallow
them through the unreasonable restriction of lighting after dusk.
It should be noted that in the hearing report for Part 4 it has
been recommended to add a new policy in clause 4.10 stating, "By avoiding, remedying
or mitigating adverse effects of lighting on the night sky". This new policy will
partly address the concerns of the submitter.
It is recommended that these submissions be rejected as the current
provisions within the Plan and the council bylaws sufficiently deal with possible
adverse effects of lighting within Recreation 2.
|
Planner's recommendations about submissions related to lighting
in Recreation 2
That submissions
1101/100,
1289/109
and 2919/8
be rejected.
|
4.6 Submissions about vegetation
Submissions dealt with in this section: 3521/107, 3521/109
4.6.1 Decisions requested
Submission 3521/107
requests that the requirement to use eco-sourced native plants in Recreation 1,
clause 10a.22.6.1, be retained.
Submission 3521/109
seeks to amend Recreation 1 to ensure that opportunities for replanting and restoring
the riparian and coastal margins of esplanade reserves are utilised where possible.
4.6.2 Planner's analysis and recommendations
4.6.2.1 Eco-sourced planting
It is recommended that submission 3521/107
be accepted as it supports the requirement of eco-sourced planting which is seen
as beneficial as it enhances the region's biodiversity, maintains the local biodiversity
and preserves the Hauraki Gulf's ecological history.
4.6.2.2 Opportunities for replanting and restoring
It is unclear how the submitter wishes to incorporate a provision
to ensure opportunities for planting are utilised. It is recommended that the submitter
suggest how this could be implemented at the hearing.
The Plan recognises the importance of replanting as Planted Areas
is a permitted activity under clause 10a.22.5. The activity of restoring riparian
and coastal margins of esplanade reserves is also recognised in the Plan by rules
providing for pest control of plant and animal pest species in clause 4.12.
It is therefore recommended that this submission be rejected.
|
Planner's recommendations about submissions relating to vegetation
That submissions
3521/107 be accepted with no amendments to the Plan.
That submissions
3521/109 be rejected.
|
4.7 Submissions about reclassifications
Submissions dealt with in this section: 1139/1, 1245/6, 1245/8, 1245/9
4.7.1 Decisions requested
Submission 1139/1
seeks for Lot 1 DP 67008 Wilma Road to be reclassified in line with provisions of
Open Space 1 - conservation (9.6.1) of the isthmus district plan.
Submission 1245/6
seeks that Kuakarau Bay Forest Reserve be reclassified from Landform 1 to Recreation
1.
Submission 1245/8
seeks for the esplanade reserve created at Cable Bay as a result of the Park Point
subdivisions to be reclassified to Recreation 1.
Submission 1245/9
seeks that the school site on Sheet 9 be reclassified from Island Residential 1
to Recreation 2.
4.7.2 Planner's analysis and recommendations
4.7.2.1 Submission 1139/1
- Wilma Road site
The submission states that this reclassification is to provide for
the sustainable management of sites of ecological significance, scientific and scenic
reserves.
It is noted that this submission refers to Lot 1 DP67008 Wilma Road,
which was subdivided in 1999 into Lot 1 DP 196914 (Te Toki Scenic Reserve) and Lot
2 DP 196914 (Okahuiti Scientific Reserve), thus this submission refers to both of
these areas, collectively known as Te Toki Reserve (refer to Sheet 9, Map 1 and
Sheet 10, Map 1).
As mentioned in section 4.2.2.2 of this report, it is not appropriate
to place an isthmus rule into the Plan as the Hauraki Gulf has a different context
to that of the isthmus. Also mentioned in section 4.2.2.2, land unit Recreation
1 is similar to 9.6.1 Open Space Conservation in the isthmus plan, but reflects
the island context.
Te Toki Reserve is classified as Recreation 1 in the Plan. This
is the appropriate land unit to be placed on the reserve as this land unit is characterised
by reserves used for passive recreation. Parts of the Te Toki Reserve have been
scheduled as a Site of Ecological Significance - SES 10 Okahuiti Creek which has
saline and freshwater wetlands. These wetlands, which are located in part of the
reserve, are protected by clause 7.11 of the Plan.
It is unnecessary to reclassify this reserve as Recreation 1 affords
protection to, and allows the appropriate activities to take place in, the reserve.
Therefore it is recommended that this submission be rejected.
4.7.2.2 Submission 1245/6
This submission seeks for Kuakarau Bay Forest Reserve to be reclassified
from Landform 1 to Recreation 1 (refer to Sheet 10, Map 1 and Sheet 15, Map 1).
Firstly, Kuakarau Bay Forest Reserve is classified as Landform 7 in the proposed
plan, not Landform 1.
Secondly, it is supported that the reserve be reclassified to Recreation
1, as this land unit is applied to local parks, esplanade and conservation reserves
and is characterised by passive recreation. Kuakarau Bay Forest Reserve is a scenic
reserve and therefore its primary purpose is aligned with land unit Recreation 1.
4.7.2.3 Submission 1245/8
This submission seeks for the esplanade reserve created at Cable
Bay as a result of the Park Point subdivisions to be reclassified to Recreation
1 (refer to Sheet 7, Map 1).
The esplanade reserve created as part of these subdivisions is already
classified as Recreation 1 and therefore it is assumed that the submitter is referring
to the esplanade strips formed as part of the subdivision.
Esplanade reserves are subdivided with fixed boundaries and are
owned by the council. Esplanade strips are created by instruments on the title of
the land, remain in private ownership as part of the overall parent lot and have
boundaries that move with any changes resulting from erosion or accretion.
There will be an easement in favour of the council to enable the purpose(s) of the
esplanade strip to be achieved. An esplanade reserve or strip has one or more of
the following purposes:
"
(a) To contribute to the protection of conservation values by, in
particular, -
(i) Maintaining or enhancing the natural functioning of the adjacent
sea, river, or lake; or
(ii) Maintaining or enhancing water quality; or
(iii) Maintaining or enhancing aquatic habitats; or
(iv) Protecting the natural values associated with the esplanade
reserve or esplanade strip; or
(v) Mitigating natural hazards; or
(b) To enable public access to or along any sea, river, or lake;
or
(c) To enable public recreational use of the esplanade reserve or
esplanade strip and adjacent sea, river, or lake, where the use is compatible with
conservation values."
The Plan classifies esplanade reserves as land unit Recreation 1,
however it does not classify esplanade strips. As esplanade strips are in private
ownership and are not subdivided, it would result in split zoning. It is therefore
recommended that submission 1245/8
be rejected.
4.7.2.4 Submission 1245/9
Submission 1245/9
refers to the school site on sheet 9, however it is unclear as to which school site
the submitter is referring to. On sheet 9 there are two schools - Te Huruhi Primary
School and Waiheke High School - both of which are designated sites owned by the
Ministry of Education.
As these schools are designated sites, the Plan controls do not
apply. Therefore the underlying land unit would only be used if the schools were
closed and the designations were removed from the Plan. The likelihood of the designations
for these sites being removed is considered very low.
At present, the council does not intend to purchase these sites
if the designations were to be removed. Applying Recreation 2 to the school sites
would suggest that the council has intentions of purchasing the land if the designations
were removed and developing them into community facilities and sports parks.
On balance, if the designations were removed the most likely use
of the land would be residential due to its location and surroundings. It is therefore
appropriate for the sites to be classified as Island residential 1 to ensure the
character of this area is upheld and development is of the appropriate form, scale
and intensity intended for this area.
Recreation 2 is a land unit characterised by active recreation and
thus it would not be appropriate to apply this to general school buildings. Reclassifying
the recreation centre on the school site was considered, however this would require
the council to take a split zoning approach. Split zoning is discouraged in the
Plan due to uncertainties arising from the precise location of the zone boundary.
Other issues include dealing with a legal site as a whole rather than in parts when
developing and managing, and how to ensure that other facilities do not crossover
the split boundary line. Thus it is inappropriate to classify all or part of the
sites Recreation 2.
It is recommended that submission 1245/9
be rejected.
|
Planner's recommendations about submissions seeking reclassifications
That submissions
1139/1,
1245/8
and 1245/9
be rejected.
That submission
1245/6
be accepted, and map 1 sheet 10 and map 1 sheet 15 of Maps - Volume 1 Inner
Islands be amended to reclassify Kuakarau Bay Forest Reserve as Recreation 1
'lp'.
|
4.8 Submissions about Essentially Waiheke
Submissions dealt with in this section: 1159/3, 1160/2, 1200/3, 1202/2, 3196/3, 3197/2
4.8.1 Decisions requested
Submissions 1159/3, 1200/3
and 3196/3
seek that Essentially Waiheke 1.3 'Principles for strong communities' be adopted
as criteria for planning in relation to Recreation 1.
Submissions 1160/2, 1202/2
and 3197/2
seek that Essentially Waiheke 1.3 'Principles for strong communities' be adopted
as criteria for planning in relation to Recreation 2.
4.8.2 Planner's analysis and recommendations
The submissions further state that there is no mention of involvement
by the members of the community in relation to development of recreation plans and
management of recreational activities.
Recreation Waiheke gave the community an opportunity for involvement
in developing the vision and action plans for recreation on the island. Surveys
were undertaken and focus groups and workshops were established to facilitate the
local community in developing the vision for recreation on Waiheke.
Essentially Waiheke is a council policy document that has a main
purpose of establishing a "community approved framework for Waiheke's development
and to signpost the directions towards a sustainable future, where opportunities
for development are facilitated and the island's community values and outstanding
natural environment are respected and nurtured."
One of the key principles for 'Strong Communities' is to foster
communication within the community and with the Community Board and the Auckland
City Council to improve relationships and understanding. A key strategy to give
effect to this principle is that the council will involve the community in decision-making.
The community were involved in extensive consultation during the
drafting of the Proposed Plan in 2005, and through notification of the Plan there
has, and is, the opportunity for further public participation through the formal
submission, hearing and appeal process. Likewise, the community will be involved,
through consultation, in future planning documents such as the Annual Plan, Long
Term Council Community Plan and notified resource consents.
Therefore, it is inappropriate to state in the Plan that the community
should be involved in the development and management of recreation plans and activities.
The issue of adopting 1.3 Principles for Strong Communities as criteria
for future planning is wider than the recreation land units. In the Plan, Part 3
-Strategic Management Areas specifically addresses Essentially Waiheke. Within clause
3.3.2, it informs that the five central principles of Essentially Waiheke, of which
Principles of Strong Communities is one, are incorporated within the Plan. It is
therefore unnecessary to directly insert the principles into the Plan.
The submissions are not clear as to what is meant by 'criteria'
for planning and the submitters are encouraged to attend the hearings and give specific
examples to the panel to support the submission.
It is recommended that all of these submissions be rejected as the
Plan currently incorporates the principles of Essentially Waiheke.
4.9 Submissions about community involvement
Submissions dealt with in this section: 1159/4, 1160/3, 1200/4, 1202/3, 3196/4, 3197/3
4.9.1 Decisions requested
Submissions 1159/4, 1200/4
and 3196/4
seek, in relation to Recreation 1, that the council will "encourage those people
who will or may be affected by, or have an interest in, the matter to present their
views (s82(1)(b) Local Government Act 2002)" as prescribed in the council's consultation
policy.
Submissions 1160/3, 1202/3, 3197/3
seek, in relation to Recreation 2, that the council will "encourage those people
who will or may be affected by, or have an interest in, the matter to present their
views (s82(1)(b) Local Government Act 2002)" as prescribed in the council's consultation
policy.
4.9.2 Planner's analysis and recommendations
It is not clear if the submitter is referring to the community's
involvement in the Plan or recreation plans.
The council presently encourages those people who will or may be
affected by, or have an interest in, the matter to present their views. Everyone
in the community was made aware of the formal submission and appeal process associated
with the Plan. Through the extensive pre-notification consultation and almost 7000
submissions and further submissions that were received, it can be fairly stated
that the public were aware of this process and encouraged to present their views.
As mentioned above, Recreation Waiheke gave the community an opportunity
for involvement in developing the vision and action plans for recreation on the
island. The council encouraged participation in this process through surveys, focus
groups and workshops.
It is recommended that these submissions be accepted with no amendments
as the council already accomplishes what the submissions are seeking.
Planner's recommendations about submissions relating to community
involvement
That submissions 1159/4, 1160/3, 1200/4, 1202/3, 3196/4
and 3197/3 be
accepted with no amendments to the Plan.
4.10 Submissions about amendment to Recreation 1
Submissions dealt with in this section: 1257/1, 1257/2, 3521/100
4.10.1 Decisions requested
Submission 1257/1
seeks an amendment to the provision of Recreation 1 to recognise many parts of this
zone are active recreation areas and include provision for community facilities
(as currently defined) that have a demonstrable functional relationship with the
sea as a discretionary activity.
Submission 1257/2
seeks to include a new zone or separate sub-zone of the land unit Recreation 1 that
applies to coastal reserve areas of the Hauraki Gulf Islands that are active recreation
areas. In addition to an appropriate set of objectives, polices and methods, include
within this zone provision for community facilities (as currently defined) that
have a demonstrable functional relationship with the sea as a discretionary activity.
Submission 3521/100
seeks to amend Recreation 1 to recognise that esplanade reserves also contribute
to landscape outcomes, natural character outcomes and are useful for hazard mitigation.
4.10.2 Planner's analysis and recommendations
4.10.2.1 Hazard mitigation
Under Section 229 of the RMA one of the purposes of esplanade reserves
and esplanade strips is:
"(a)To contribute to the protection of conservation values by, in
particular,—
...
(v)Mitigating natural hazards."
Recreation 1 refers, in clause 10a.22.8, to Part 8 - Natural Hazards.
Part 8 refers to natural defences, which indirectly includes esplanade reserves,
in objective 8.3.3.
"To protect existing physical resources and natural defences which
moderate the effects of natural hazards."
The explanation further states that natural defences include vegetation
cover, sand dunes and other naturally occurring physical resources that can lessen
the impacts of flooding, soil instability, storm surge, tsunami, earthquakes and
other natural hazards.
Through the objective to protect natural defences, esplanade reserves
are recognised for their importance in hazard mitigation.
Recreation 1 also refers to Part 12 - Subdivision. Clause 12.13
recognises the use of esplanade reserves as a tool for natural hazard mitigation.
It is unnecessary to reiterate the usefulness of esplanade reserves
to natural hazard management in Recreation 1 as both the Plan and the RMA recognise
this.
4.10.2.2 Landscape and natural character outcomes
The Plan recognises that esplanade reserves contribute to landscape
and natural character outcomes through the policies and rules created. The recognition
of the role of esplanade reserves in contributing to landscape and natural character
outcomes can be seen in the Plan through the objective of protecting the visual
amenity and ecological values of the land unit.
However, it is supported that this could be made clearer and it
is recommended that the fourth bullet point in clause 10a.22.1 be amended as follows:
High ecological values in parks, esplanade reserves and conservation
reserves that contain native bush, wetlands and other natural features.
4.10.2.3 Provision for activities with relationship to the sea
The submission states that the effect of zoning all esplanade and
coastal reserve as land unit Recreation 1 is to effectively quarantine off the Hauraki
Gulf from future community-based activities that have a functional relationship
with the sea, such as surf life saving clubs, Sea Scouts and Young Mariners.
There are a number of existing community facilities that have a
functional relationship to the sea, all of which are operating under existing use
rights or resource consents. These include facilities such as the Waiheke Island
Boating Club and the Waiheke Sea Scouts.
It is recognised that activities that have a functional relationship
to the sea, such as surf life saving clubs, need to be provided for and encouraged
as these are important community assets. Generally, these particular activities
can only occur in close vicinity to the sea.
There are two land units applied to recreation land on the islands,
with the exception of Recreation 3 which is applied to Rangihoua Park. The two land
units have been formed based on two different philosophies.
Recreation 1 is applied to esplanade reserves, local parks and conservation
reserves. The land unit is characterised by passive recreation activities and a
general absence of built development. The land unit is applied to areas with high
visual amenity and ecological values. Often the land unit is applied to reserves
and parks that are in a sensitive environment and therefore require protection from
the adverse effects of built development.
Recreation 2, on the other hand, is applied to community facilities
and sports parks and has been created to facilitate active recreation activities.
There is a distinct difference between the intentions of each land
unit. Recreation 1 is intended to provide for passive recreation in a relatively
natural environment due to its sensitivity, whereas Recreation 2 is intended to
provide for active recreation in a more built environment in or close to residential
areas. It is considered that including community facilities in land unit Recreation
1 would damage the integrity of the land unit. The submitter also suggests that
a new zone or separate sub-zone of Recreation 1 could be created to deal with this.
In suggesting this, it would seem that the submitter partly acknowledges that community
facilities are inconsistent with land unit Recreation 1 as notified.
Activities with a functional relationship to the sea, such as those
mentioned by the submitter, are not provided for in Recreation 1, which largely
comprises land adjacent to the sea. However, these community facilities are provided
for in land unit Recreation 2 as a permitted activity. Having reviewed the location
of Recreation 2 land on the island, there is very little abutting the sea that could
be used for this purpose.
There are large areas of Recreation 1 adjacent to the sea and this
results in the potential for adverse visual effects from the location and use of
community facilities in the coastal environment. Section 229 of the RMA sets out
the purposes of esplanade reserves and esplanade strips:
"An esplanade reserve or an esplanade strip has one or more of the
following purposes:
-
To contribute to the protection of conservation values
by, in particular, -
-
Maintaining or enhancing the natural functioning of the adjacent
sea, river, or lake; or
-
Maintaining or enhancing water quality; or
-
Maintaining or enhancing aquatic habitats; or
-
Protecting the natural values associated with the esplanade
reserve or esplanade strip; or
-
Mitigating natural hazards; or
-
To enable public access to or along any sea, river, or lake; or
-
To enable public recreational use of the esplanade reserve
or esplanade strip and adjacent sea, river, or lake, where the use is compatible
with conservation values." [writer's emphasise]
As the majority of the land classified as Recreation 1 is esplanade
reserves and strips it is important to ensure that any built development is compatible
with conservation values and does not adversely affect these sensitive areas.
Community facilities in Recreation 1 may be appropriate in some
instances but it is considered that the majority of areas identified as Recreation
1 are not appropriate and would result in adverse effects on the environment.
There is the question of reclassifying some of the Recreation 1
land to Recreation 2 to provide for community facilities with a functional relationship
to the sea. However, it is considered that this is not appropriate for the following
reasons:
-
Reclassifying areas of Recreation 1 could compromise the purpose
of esplanade reserves as discussed above.
-
The land is not usually suited to sports parks and community facilities
due to the shape, area and location.
-
The effects of other activities that are permitted in Recreation
2, such as community facilities and organised sport, may be more than minor due
to the location and the sensitive environment of Recreation 1 sites.
Site-specific reclassifications may be appropriate however none
have been specifically identified.
The submitter requests that a new zone or sub-zone of Recreation
1 be created to provide for active recreation in coastal reserve areas. The creation
of a sub-zone of Recreation 1 would damage the integrity of the land unit, as discussed
above, and therefore this is not appropriate.
It is acknowledged that certain community facilities should be provided
for in the coastal environment however, this activity does not warrant the creation
of a new land unit. In general, coastal esplanade reserves are not an appropriate
location for active recreation activities, such as a boat club, due to their sensitive
environment. Consequently, little land would be in this new zone proposed by the
submitter. It is also considered that it is unnecessary to create a new zone when
land unit Recreation 2 provides for active recreation activities.
On balance, it is considered that community facilities with a functional
relationship to the sea should be provided for; however, it is not appropriate to
provide for them in land unit Recreation 1 or in a new land unit.
It is recommended that these submissions be rejected.
|
Planner's recommendations about submissions seeking amendments
to Recreation 1
That submission
3521/100 be accepted in part and the fourth bullet point of clause 10a.22.1
be amended as follows:
High ecological values in parks, esplanade reserves and
conservation reserves that contain native bush, wetlands and other natural features.
That submissions
1257/1
and 1257/2
be rejected.
|
4.11 Submissions about public open space
Submissions dealt with in this section: 584/3, 2295/3, 2918/1
4.11.1 Decisions requested
Submission 584/3
seeks to include protection and enhancement of the public walkways and reserves.
Submission 2295/3
seeks that objectives, policies, rules and assessment criteria be included in the
Plan at all places relevant to the provision and enhancement of public open space.
Submission 2918/1
seeks for the council to consider providing public open space opportunities in and
around council owned land, such as Ostend in the area of the council office and
old telephone facility.
4.11.2 Planner's analysis and recommendations
4.11.2.1 Enhancement of public open space
Provision and enhancement of public open space, including reserves,
is recognised in both Recreation 1 and Recreation 2 land units. There are policies
and rules, in both land units, that enhance public open space by permitting amenities
and facilities, such as park furniture and playgrounds, and by limiting built form.
The Plan also enhances public open space through permitting planted
areas and the eradication of pest species, both animals and plants.
Reserves are protected in the Plan through rules controlling the
built development that can occur within land unit Recreation 1.
It is recommended that this submission be accepted with no changes
as the Plan sufficiently provides for the enhancement of public open space.
4.11.2.2 Walkways
The Plan protects assets, including walkways, by facilitating the
use and enjoyment of the land unit for passive recreation activities such as walking.
The Plan specifically provides for walking trails as a permitted activity.
Recreation Waiheke is a recreation planning process that enables
the Waiheke community to establish a ten-year vision for the provision of recreation
facilities on the island. It provides for the enhancement of the reserves and walkways
in action plans.
It is therefore unnecessary to include protection and enhancement
in the Plan, as there are existing documents and processes that address the protection
and enhancement of walkways and reserves.
4.11.2.3 Public open space on council land
Although the submitter has outlined some examples of what is being
sought, it is unclear how the relief sought should be incorporated into the Plan.
The Great Barrier strategic management area and Waiheke strategic
management area both have a policy that incorporates public open space as land with
a community purpose. Policy 3.2.3 (6) and policy 3.3.4 (6) both state:
"By facilitating the use and development of land for conservation,
recreation and community purposes."
The council as a regulatory body, as opposed to a landowner, cannot
enforce the consideration of public open space on council land beyond facilitating
the use and development of land for this purpose.
As a landowner, the council can consider public open space opportunities;
however this is outside of the scope of the Plan.
It is recommended that this submission be rejected.
|
Planner's recommendations about submissions seeking additions
to Plan regarding open space
That submissions
584/3
and 2918/1
be rejected.
That submission
2295/3
be accepted with no amendments to the Plan.
|
4.12 Submissions about legal roads
Submissions dealt with in this section: 542/8
4.12.1 Decisions requested
Submission 542/8
seeks that clause 10a.22 expressly provides for those parts of legal roads that
are beaches and adjacent esplanades, in particular the dune or embankment and the
beach itself at Onetangi.
4.12.2 Planner's analysis and recommendations
4.12.2.1 Legal Roads
In the Plan, unformed legal roads have been given a land unit to
provide a management structure to the land identified as unformed. Where an unformed
road falls on a beach or esplanade reserve, it will be categorised as land unit
Recreation 1.
Formed legal roads, on the other hand, have not been given a land
unit in the Plan due to their highly modified nature.
The Plan, in Part 5 - Network Utility Services, recognises that
one of the multiple functions of roads is to provide open space. The Plan also recognises
the unique nature of the islands and the importance in controlling the effect of
network utility services on the visual amenity of the landscape. The policies in
Part 5 recognise that utility services have a unique nature and need to be established,
operated and maintained in a manner that has minor adverse effects on the environment.
Submission 542/8
specifically mentions Onetangi Beach, and uses this as an example to illustrate
that the legal formed road - The Strand - consists of dunes, beach and the carriageway.
There are a number of other roads on Waiheke Island where the road adjoins the dunes
and beach.
However, protection for dunes and beaches is provided for in clause
8.6.1(3):
"The modification, alteration or removal of sand dunes and vegetation
(except for any species listed in appendix 14 - List of plant pest species) on sand
dunes within 40m of mean high water springs" is a discretionary activity.
Thus the issues arising in the submission regarding the protection
of the parts of legal roads that are dunes or beaches are addressed.
Any work below the mean high water springs is in the Auckland Regional
Council's jurisdiction.
It is recommended that submission 542/8
be rejected, as council has taken the approach of not allocating land units to formed
legal roads.
|
Planner's recommendations about submissions relating to legal
roads
That submission
542/8 be rejected.
|
4.13 Submissions about Whakanewha Regional Park
Submissions dealt with in this section: 3521/101, 3521/102, 3521/103, 3521/104
4.13.1 Decisions requested
Submission 3521/101
seeks that Whakanewha Regional Park be reclassified from Recreation 1 to a special
purpose land unit provided for Whakanewha Regional Park.
Submission 3521/102
seeks amendments to the Plan to include objectives, rules and development controls
specific to Whakanewha Regional Park that are consistent with the regional park
niche and Reserves Act and provide for park management and operations.
Submission 3521/103
seeks to amend the Plan as it applies to Whakanewha Regional Park to make appropriate
provision for a number of activities and developments that are necessary to facilitate
the delivery of conservation and recreation outcomes as permitted activities. Activities
and developments that are not provided for include, but are not limited to; offices,
depot and storage facilities associated with park management, education facilities;
tracks; information functions; campground; carparking areas; park infrastructure;
revegetation activities; exotic weed/plant control; and park maintenance activities.
Submission 3521/104
seeks to amend the provisions of Recreation 1 to give explicit recognition to the
statutory management plan applying to Whakanewha Regional Park.
4.13.2 Planner's analysis and recommendations
4.13.2.1 Whakanewha Regional Park as a special purpose land unit
These submissions further state that land unit Recreation 1 does
not reflect the regional function of Whakanewha Regional Park and in particular
its dual emphasis on meeting regional conservation and recreation needs.
Whakanewha Regional Park has a strong focus on recreation, education
and conservation. Currently the management of this park is to be focussed on enhancing
and restoring the diverse range of natural habitats within the park and providing
for beach-orientated recreation activities.
The Whakanewha Regional Park is currently zoned as Recreation 1.
This land unit provides for passive recreation with a slight focus on conservation
through eco-sourced planting in conservation and esplanade reserves. This land unit
does not provide for educational facilities and does not provide for an appropriate
level of conservation for this park.
It is appropriate to provide for the activities required to deliver
conservation and recreation outcomes in Whakanewha Regional Park.
However, it is unnecessary to create a special purpose land unit
for Whakanewha Regional Park as the requirements of the park can be achieved by
reclassifying the park to 10a.25 Land unit - Conservation and making amendments
to this land unit that are specific to the park.
The Conservation land unit is characterised by areas of high scenic
and ecological conservation values. Conservation management is a key function of
the land unit, as well as providing for education and recreation activities. Large
portions of this land unit is owned by Department of Conservation (DOC) and has
special value regionally and nationally and due to this it has been identified that
this land unit needs specific rules to enable appropriate conservation, education
and recreation activities to occur.
The Auckland Regional Council seeks for the Plan to provide for
activities that are necessary to facilitate the delivery of conservation and recreation
outcomes. The Conservation land unit currently provides for appropriate conservation,
education and recreation activities. Therefore, it is appropriate to reclassify
the park as Land unit - Conservation and make minor amendments to incorporate Auckland
Regional Council in the specific provisions.
It is therefore recommended that this submission be accepted in
part in so far as it supports reclassifying the park as Land unit - Conservation
which provides specific rules to enable appropriate conservation, education and
recreation activities to occur.
4.13.2.2 Amendments to provisions of the Plan that are specific to Whakanewha
Submissions 3521/102
and 3521/103
seek amendments to the Plan to include objectives, rules and development controls
that are specific to Whakanewha Regional Park that provide for a number of activities
and developments that are necessary to facilitate the delivery of conservation and
recreation outcomes.
It was discussed above in section 4.13.2.1 of this report, that
10a.25 Land unit - Conservation with some amendments can adequately provide for
the recreation, education and conservation activities of Whakanewha Regional Park.
It is therefore recommended that Whakanewha Regional Park be reclassified
from Recreation 1 to Land unit - Conservation and that land unit Conservation is
amended to recognise and provide for the park. The Conservation objective
and development rules are sufficient to achieve the requirements of Whakanewha Regional
Park. However, there needs to be an inclusion of a new rule, which is specific to
Whakanewha Regional Park to permit activities to achieve recreational, educational
and conservational outcomes.
The recommended amendments will include:
-
changes to the introduction to state that this land unit is applied
to Whakanewha Regional Park
-
a new policy to achieve the desired outcomes for Whakanewha Regional
Park
-
changes to the resource management strategy to include Auckland
Regional Council
-
amendments to the activity table to include Auckland Regional
Council in an existing rule and to include rule(s) that are specific to Whakanewha
Regional Park which provide for appropriate activities.
Accordingly, it is recommended that submission 3521/102
and 3521/103
be accepted in part by reclassifying Whakanewha Regional Park from Recreation 1
to Conservation and amending the Conservation land unit. Given the extent of changes
required it would be easier to deal with the specifics as part of the hearing for
Land unit - Conservation and give the submitter and any further submitters the opportunity
to speak to the detail at this time.
4.13.2.3 Amendments to Recreation 1
Due to the recommendations above in section 4.13.2.2, it is not
necessary to amend provisions in Recreation 1 to give recognition to the management
plan of the park, and thus it is recommended that submission 3521/104
be rejected.
|
Planner's recommendations about submissions relating to Whakanewha
Regional Park
That submission
3521/104 be rejected.
That submissions
3521/101,
3521/102 and
3521/103 be accepted in part with the specific amendments outlined in the
10a.25 Land unit - Conservation hearing report.
|
4.14 Submissions about Piritahi Marae
Submissions dealt with in this section: 1323/1, 1323/2, 1323/3, 3061/103, 3061/104.
Group 1 - 299/3, 1161/2, 2677/3, 2682/3, 2683/3, 2686/3, 2689/3, 2694/3, 2709/3, 3211/2, 3566/3, 3570/3, 3590/2.
Group 2 - 299/1, 1161/1, 2677/1, 2682/1, 2683/1, 2686/1, 2689/1, 2694/1, 2709/1, 3211/1, 3566/1, 3570/1, 3590/1.
Group 3 - 296/1, 328/1, 901/1, 2681/1, 2687/1, 2690/1, 2693/1, 2697/1,
2707/1, 3212/1, 3567/1, 3571/1
4.14.1 Decisions requested
Group one seeks that the Piritahi Marae be recognised for what it
is, the only marae on Waiheke which has unique land use requirements.
Group two seeks to reclassify Piritahi Marae from Recreation 2 to
its own marae zone and list it in the Plan as a local purpose reserve bringing it
into line with the government gazette listing.
Group one and two submissions further state that the Plan does not
recognise the unique nature of the site that is Piritahi Marae, which has heritage,
cultural and community values. They also state that the proposed plan change would
not accommodate the current situation nor allow any future growth should the marae
lease more land.
Group three seeks to reclassify approximately 5000m2 of land at
Te Huruhi Reserve, which is to be leased to Piritahi Marae, from Recreation 1 to
local purpose (marae).
These submissions further state that the Plan does not recognise
resolutions made by Auckland City Council Recreation and Events Committee (November
2003) and Waiheke Community Board (October 2003) where agreement in principle was
made to lease the land in question to the Piritahi Marae Committee.
Submissions 3061/103
and 3061/104,
relating to Recreation 1 and Recreation 2 respectively, state that the relationship
between the land unit and the Piritahi Marae, temporary activities, lighting and
noise provisions is not satisfactory.
Submission 1323/1
seeks to reclassify the present marae site and the proposed extension to a specialised
'Marae Purposes' zone.
Submission 1323/2
seeks that the proposed 'Marae Purposes' zone sought for Te Huruhi Reserve should
have the appropriate permitted uses and lot coverage and related provisions to reflect
and provide for the social, culture, spiritual, environmental, educational, recreational
and community uses of the Piritahi Marae.
Submission 1323/3
seeks to reclassify Te Huruhi Reserve from Recreation 1 and Recreation 2 to a 'Marae
Purposes' zone.
These submissions further state that the recreation land units applied
to the whole reserve and Piritahi Marae are incorrect and inappropriate.
4.14.2 Planner's analysis and recommendations
4.14.2.1 Recognising the Piritahi Marae
Group one seeks that the Piritahi Marae be recognised for what it
is, the only marae on Waiheke which has unique land use requirements.
The council recognises the Piritahi Marae as an important asset
being the only marae on Waiheke. It has been recognised in the introduction where
it describes some of the community facilities present within land unit Recreation
2, including the marae on Waiheke.
The Piritahi Marae is a community facility that together with marae
activities is also used for community activities such as meetings, conferences,
workshops and school stays. The Piritahi Marae is similar to other community facilities,
in that it provides a place for the gathering of people. The marae also has special
cultural functions and these unique requirements have been recognised by permitting
marae activities in the Plan.
It is recommended that these submissions be accepted as the Plan
currently recognises the Piritahi Marae.
4.14.2.2 Group 2 - special marae zone
Firstly, the Plan does not classify reserves under the Reserves
Act 1977, nor does it list the reserves. Therefore, it is inappropriate to list
the Piritahi Marae land as a local purpose reserve in the Plan.
Secondly, the Piritahi Marae is currently classified as land unit
Recreation 2. Land unit Recreation 2 provides for marae activities as a permitted
activity. It is anticipated that constructing and/or maintaining buildings will
be needed to provide for future growth. Recreation 2 provides for the construction
and relocation of, and alterations and additions to, buildings as a restricted discretionary
activity.
Marae activities are provided for in Recreation 2 and therefore
the request for a new special marae zone is unnecessary. No submitters have mentioned
any specific concerns about the ability of land unit Recreation 2 to meet the needs
of the marae. Therefore, based on the information at hand, it is considered that
the needs of the marae are provided for in Recreation 2. Thus, the need for a new
marae zone is not required.
It is recommended that these submissions be rejected.
It is also recommended that the submitters take the opportunity
to expand further on any needs they believe are not being provided for by land unit
Recreation 2 at the hearing.
4.14.2.3 Reclassification of proposed lease land
Group three seeks to reclassify the proposed lease land of approximately
5000m2 at Te Huruhi Reserve from Recreation 1 to local purpose (marae). These submissions
further state that the Plan does not recognise the resolutions made by the Auckland
City Council Recreation and Events Committee and the Waiheke Community Board.
Piritahi Marae is seeking to lease an area of approximately 5000m2
in the Te Huruhi Reserve from Auckland City Council for future growth, see Figure
1. The Waiheke Community Board by resolution dated 22 October 2003, supported in
principle this area being leased to the marae. The Recreation and Events Committee
also supported the proposed lease at its 6 November 2003 meeting.
The reclassification of the proposed lease land from Recreation
1 to a local purpose (marae) land unit is not appropriate due to the reasoning given
above in section 4.14.2.2 of this report. However, it is considered that the land
could be reclassified to Recreation 2 to provide for marae activities.
At the point of writing this report the council has not received
a lease application from the marae. It is not appropriate to reclassify the proposed
lease land as Recreation 2 as even though the lease has been supported in principle
there is still a process to go through that is outside the district plan. Once a
lease application has been submitted to the council it must be assessed and publicly
notified with the opportunity for the public to have their say through a submission
and hearing process. This essentially means that there are opportunities for the
lease to be rejected or terms to be altered and therefore it is not appropriate
to change the zoning of the proposed lease land until the council has assessed the
proposal and the process has been carried out. If the lease for the proposed part
of land at Te Huruhi Reserve is granted then the council will need to undertake
a plan change to change the new lease land to land unit Recreation 2 to provide
for the marae and associated activities.
On balance, it is recommended that these submissions should be rejected,
as it is not appropriate to change the zoning of the proposed lease land until the
lease has been granted.
These submissions do not provide enough information and in the absence
of further information as to what the issue with these development controls are,
or what relief is sought, it is not possible to make any amendments to land units
Recreation 1 and Recreation 2. Accordingly, it is recommended that these submissions
be rejected.
It is recommended that submission 1323/1
be rejected on the justification of the above clause 4.14.2.2.
It is recommended that submission 1323/2
be rejected as the relief sought for a 'Marae Purposes' zone has been rejected above.
Submission 1323/3
seeks to reclassify the Te Huruhi Reserve as a whole to a 'Marae Purposes' zone.
The Te Huruhi Reserve not only accommodates the marae but also the pony club following
the 6 November 2003 meeting where the Recreation and Events Committee granted the
pony club a lease over the Recreation 1 area of Te Huruhi Reserve, excluding the
approximate 5000m2 area proposed for lease by the marae.
It is therefore inappropriate to reclassify the entire Te Huruhi
Reserve as 'Marae Purposes' zone as the marae may only be leasing part of this reserve.
It is recommended that this submission be rejected.
|
Planner's recommendations about submissions relating to the
Piritahi Marae
That submissions
296/1,
299/1,
328/1,
901/1,
1161/1,
1323/1,
1323/2,
1323/3,
2677/1,
2681/1,
2682/1,
2683/1,
2686/1,
2687/1,
2689/1,
2690/1,
2693/1,
2694/1,
2697/1,
2707/1,
2709/1,
3061/103,
3061/104,
3211/1,
3212/1,
3566/1,
3567/1
3570/1,
3571/1
and 3590/1
be rejected.
That submissions
299/3,
1161/2,
2677/3,
2682/3,
2683/3,
2686/3,
2689/3,
2694/3,
2709/3,
3211/2,
3566/3,
3570/3
and 3590/2
be accepted with no amendments to the Plan.
|
4.15 Submissions about criteria for future planning
Submissions dealt with in this section: 1159/2, 1160/1, 1200/2, 1202/1, 3196/2, 3197/1
4.15.1 Decisions requested
Submissions 1159/2, 1200/2, 3196/2
and submissions 1160/1, 1202/1, 3197/1
seek that reserve management plans for all existing reserves be updated to be used
as criteria for planning in Recreation 1 and Recreation 2 respectively.
4.15.2 Planner's analysis and recommendations
The submitters seek that reserve management plans are updated for
all existing reserves. The district plan does not control the review of reserve
management plans. Under the Reserves Act 1977 the administering body of any reserve
shall keep its management plan under continuous review, so that the reserve management
plan is adapted to changing circumstances or changed in accordance with increased
knowledge.
The district plan should not be used to deal with an issue that
is covered by another process and piece of legislation. The district plan should
enable or provide for recreation and reserves but it does not need to control their
management. It is therefore not appropriate to require reserve management plans
to be updated under the district plan.
From the submissions, it is not clear as to what "be used as criteria
for future planning" means in the context of the district plan. Reserve management
planning is not a process that is achieved through the district plan.
It is recommended that these submissions be rejected, as the Reserves
Act 1977 governs reserve management plans and it is not clear as to what is sought
from the submitters.
4.16 Submissions about a sports and recreation management committee
Submissions dealt with in this section: 1160/4, 1202/4, 3197/4
4.16.1 Decisions requested
These submissions request that the council establish a management
committee for sport and recreation with representatives of all parties involved.
4.16.2 Planner's analysis and recommendations
Sports and recreation is managed through 'Active Auckland', the
Auckland City Sport and Physical Activity Plan. In 'Active Auckland', the council
has proposed actions that establish and/or support new or existing forums to encourage
ongoing relationships and knowledge sharing between key partners, and to work with
key partners to support and develop sport and physical activity opportunities.
'Active Auckland' also has an action to establish a sports and physical
activity portfolio on community boards as an advocate for sport and physical activity
at a local level.
The relief sought is partly addressed in 'Active Auckland' through
the alliance of key partners to manage sport and recreation development within Auckland.
The district plan should not be used to deal with an issue that
is covered by another process. The district plan should enable or provide for recreation
but it does not need to control the management of Recreation 2 therefore it is not
appropriate to require the establishment of a management committee in the Plan.
It is recommended these submissions be rejected as the relief sought
is in part addressed in the council's Sport and Physical Activity Plan and it is
not appropriate to establish a management committee as part of the district plan
process.
|
Planner's recommendations about submissions seeking a sports
and recreation management committee
That submissions
1160/4,
1202/4
and 3197/4
be rejected.
|
4.17 Submissions about new reserve additions
Submissions dealt with in this section: 1245/2, 1245/3, 1245/4, 1245/5, 1245/7
4.17.1 Decisions requested
These submissions seek for new additions to be added to the following
reserves:
-
Glen Brook Reserve on sheet 15
-
Nikau Reserve on sheet 15
-
Kuakarau Bay Forest reserve on sheet 15
-
A new reserve.
Submission 1245/3
requests that the council check that the entrance lot to Glen Brook Reserve is shown
correctly.
4.17.2 Planner's analysis and recommendations
4.17.2.1 Glen Brook Reserve entrance
The entrance lot to Glen Brook Reserve is shown correctly.
4.17.2.2 New additions
The submitter does not specify which properties it seeks to be added
to the reserves. However, the Arts, Community and Recreation Policy Group of the
council has confirmed that the following properties have been purchased by the council
for reserve purposes:
Therefore, it is recommended that these submissions be accepted,
and the above properties be reclassified as land unit Recreation 1.
Planner's recommendations about submissions seeking new reserves
That submissions 1245/2, 1245/3, 1245/4, 1245/5
and 1245/7 be
accepted and map 1 sheet 15 of Maps - Volume 1: Inner Islands be amended to show
the following new additions reclassified as Recreation 1 'lp':
And map 1 sheet 17 of Maps - Volume 1: Inner Islands be amended
to show the following new reserve reclassified as Recreation 1 'lp':
4.18 Submissions about clause 10a.22.1
Submissions dealt with in this section: 1159/1, 1200/1
4.18.1 Decisions requested
These submissions seek that "is" is replaced for "are" in clause
10a.22.1.
4.18.2 Planner's analysis and recommendations
The submitters are concerned with the use of "is" in the following
component of clause 10a.22.1:
"...
Local parks and esplanade reserves is characterised by: ..."
The word "is" rather than "are" is used as this sentence is talking
about 'Local parks and esplanade reserves' as a land unit, as Recreation 1.
However, this is unclear and therefore it is recommended that this
sentence be amended to read:
This land unit is characterised by:
It is recommended that these submissions be accepted in part.
|
Planner's recommendations about submissions relating to clause
10a.22.1
That submissions
1159/1
and
1200/1
be accepted in part and the second sentence of clause 10a.22.1 be amended
as follows:
Local parks and esplanade reserves This land unit is
characterised by:
|
4.19 Submissions about clause 10a.22.5
Submissions dealt with in this section: 1250/65, 1250/66, 2105/6
4.19.1 Decisions requested
Submission 1250/65
seeks that the following activities are changed to restricted discretionary status
within the Rules - activity table: artworks, monuments and sculptures; carparking
areas; park furniture; playgrounds; toilet and changing facilities.
Submission 1250/66
seeks that the following matters be considered when considering an application for
a restricted discretionary activity: traffic generation, safety issues, visual amenity,
effects on neighbouring community, impact on the visual landscape amenity and nature
of the experience provided by the park or reserve.
Submission 2105/6
seeks the amendment of a typographical error in the Rules - activity table by changing
'trials' to 'trails'.
4.19.2 Planner's analysis and recommendations
4.19.2.1 Typographical error
Submission 2105/6
is a typographical error and it is recommended that it be accepted.
4.19.2.2 Changes to the status of public amenity facilities
The following public amenity facilities have a permitted status
in the Rules - activity table: artworks, monuments and sculptures; carparking areas;
park furniture; playgrounds; toilet and changing facilities. Part 10a.22 is a land
unit applied to passive recreation areas on Waiheke and Great Barrier and therefore
it is appropriate to provide for these types of facilities.
The submitter raises concerns that these public amenity facilities
may have a major adverse effect on the experience and visual amenity of a park or
reserve and should not be permitted in all circumstances. The council shares the
submitter's concerns and has put in place a package of controls on buildings.
Even when an activity is permitted in the rules table, a resource
consent may still be needed for any construction, relocation, exterior alterations
and additions to the building used for the permitted activity.
The rules regarding constructing or relocating buildings with a
building footprint over 50m² and the undertaking of exterior alterations and additions
to existing buildings are a restricted discretionary status. Matters that the council
can consider when determining the appropriateness of buildings include scale, form,
colour and location.
The council encourages artworks, monuments and sculptures as these
have many benefits such as:
-
reflecting the islands' unique identity, cultural heritage and
stories
-
fostering an understanding of our history
-
creating a sense of place
-
contributing to the look, feel and amenity of public spaces
-
encouraging people to think, reflect and see something in a new
or different way
-
stimulating debate and dialogue, challenging people to reflect
on issues or ideas.
A restricted discretionary activity status would discourage artworks,
monuments and sculptures in these recreation areas. A permitted activity status
is appropriate as they still have to comply with the development controls and therefore
have height restrictions and if the artwork is over 50m² it will require a consent
as a building. These controls are sufficient while still encouraging public art.
The remaining activities - carparking, park furniture, playgrounds,
toilet and changing facilities - are works undertaken by the council as a landowner.
The council has internal practices in place to ensure issues such as the effects
on visual amenity are considered. An example of this is that the council requires
planning and urban design input into all council projects. In addition, there are
other provisions in the Plan that may result in the council needing to obtain resource
consent such as earthworks and the coastal protection yard. It is therefore recommended
that submission 1250/65
be rejected.
Consequentially, the addition to assessment matters requested by
submission 1250/66
is not applicable and is therefore rejected.
|
Planner's recommendations about submissions regarding clause
10a.22.5
That submissions
1250/65
and
1250/66 be rejected.
That submission
2105/6 be accepted, and that the last sentence in the activity table under
clause 10a.22.5 be amended accordingly to state:
"Walking, jogging, fitness and riding trials trails (bridle
and bicycle)."
|
4.20 Submissions about clause 10a.23.5
Submissions dealt with in this section: 89/5, 173/5, 178/5, 179/5, 180/5, 181/5, 182/5, 183/5, 184/5, 185/5, 186/5, 187/5, 188/5,
1 89/5, 190/5,
191/5, 192/5, 193/5, 194/5, 195/5, 196/5, 197/5, 198/5, 199/5, 200/5, 201/5, 202/5, 203/5, 204/5, 205/5, 206/5, 207/5, 208/5, 209/5, 210/5, 211/5, 212/5, 213/5, 214/5, 215/5, 216/5, 217/5, 218/5, 219/5, 220/5, 221/5, 222/5, 223/5, 224/5, 225/5, 226/5, 227/5, 228/5, 229/5, 230/5, 231/5, 232/5, 233/5, 234/5, 235/5, 236/5, 239/5, 252/5, 253/5, 279/5, 381/5, 1101/98, 1289/107, 2044/5, 2105/10, 2357/5, 2500/5, 2715/5, 2919/6
4.20.1 Decisions requested
Submissions relating to GBI Pensioner Housing Trust submission
The following submissions support, and seek the relief of, the submission
by Great Barrier Island Pensioner Housing Trust ( 381/5): 89/5, 173/5, 178/5, 179/5, 180/5, 181/5, 182/5, 183/5, 184/5, 185/5, 186/5,187/5, 188/5,
189/5, 190/5,
191/5, 192/5, 193/5, 194/5, 195/5, 196/5, 197/5, 198/5, 199/5, 200/5, 201/5, 202/5, 203/5, 204/5, 205/5, 206/5, 207/5, 208/5, 209/5, 210/5, 211/5, 212/5, 213/5, 214/5, 215/5, 216/5, 217/5, 218/5, 219/5, 220/5, 221/5, 222/5, 223/5, 224/5, 225/5, 226/5, 227/5, 228/5, 229/5, 230/5, 231/5, 232/5, 233/5, 234/5, 235/5, 236/5, 239/5, 252/5, 253/5, 279/5, 2044/5, 2357/5, 2500/5, 2715/5.
The submissions request 'community care facilities' - as it is defined
in the Central Area Section of the Auckland City District Plan - to be inserted
into clause 10a.23.5 as a permitted activity.
Community care facilities, as defined in Part 16 - Definitions for
Central Area Plan:
"Definition
Community care facilities mean facilities that provide services
of a community or caring nature.
Characteristics
Generally community care facilities provide the service on site
or have employees at the site on a regular basis.
Ancillary Activities
Ancillary activities may include but are not necessarily limited
to offices, meeting areas, food preparation, parking in accordance with the permitted
standard, laboratories, health and therapy and daycare.
Examples
Community centres, hospices, drug and alcohol rehabilitation centres,
social service facilities, day care facilities, hospitals and clinics, ambulance
stations, police stations, fire stations and city missions.
Exceptions
None."
Submissions 1101/98, 1289/107, 2919/6
These submissions seek the change of lighting exceeding 150lux in
Recreation 2 from a discretionary status to a notified discretionary status.
The submissions further state that where there is lighting exceeding
150lux in Recreation 2 all landowners within the catchment should be the affected
parties.
Submission 2105/10
This submission seeks the amendment of a typographical error in
the Rules - activity table by changing 'trials' to 'trails'.
4.20.2 Planner's analysis and recommendations
4.20.2.1 Typographical error
Submission 2105/10
is a typographical error and it is recommended that it be accepted.
4.20.2.2 Submissions relating to GBI Pensioner Housing Trust submission
The submission states that the rules provide for 'care centre' as
a permitted activity within the Claris settlement area; however, the definition
does not provide for pensioner housing where residents are not cared for during
the day. It also states that Great Barrier Island has no housing or suitable land
available for its pensioners.
The submission further states that the addition of 'community care
facilities' as a permitted activity will ensure that Kaitoke Beach is adequately
protected from future residential development while meeting the needs of pensioners
on Great Barrier Island.
Land unit Recreation 2 is characterised by active recreation and
community activities, and its strategy and objectives do not provide for residential
uses of which the Trust is seeking.
The definition of community care facilities, as quoted above, is
too broad for application within this land unit as it would allow for pensioner
housing but would also allow for facilities such as hospices, hospitals, clinics,
ambulance, police and fire stations. While these activities are community based,
they are not aligned with the objective of the land unit to facilitate the use and
enjoyment of community facilities and sports parks for active recreation and community
activities.
The relief sought in relation to Recreation 2 land unit is for the
entire Hauraki Gulf, and not just the Claris settlement and other settlements on
Great Barrier Island.
It is recommended that these submissions be rejected.
4.20.2.3 Lighting and notification requirements
Where light exceeds 150lux in land unit Recreation 2 it is a discretionary
activity. This means that each application will be assessed individually to determine
the potential or actual adverse effects on the environment. The assessment criteria
includes, among others, the hours of operation and lighting issues such as location,
design and the extent to which glare will cause adverse effects to adjacent sites.
Auckland City Council is given the powers to decide whether a consent
application is to be notified under Section 93 Resource Management Act 1991.
"93 When public notification of consent applications is required
-
A consent authority must notify an application for a resource
consent unless—
-
the application is for a controlled activity; or
-
the consent authority is satisfied that the adverse effects
of the activity on the environment will be minor."
There are three tests to determine whether a consent application
is to be notified.
-
The first is to determine whether the adverse effects of the activity
on the environment will be more than minor, and if so, public notification is
required.
-
If the adverse effects of the activity on the environment will
be minor, then the council must determine whether there are any persons that will
be adversely affected by the activity.
-
Lastly, the council must consider whether there are special circumstances
that would require the notification of the application.
Notification is determined on a case-by-case basis and therefore
it is inappropriate to require notification through a blanket statement. As a discretionary
activity, the council will need to consider notification of every application.
Therefore it is recommended that this submission be rejected.
|
Planner's recommendations about submissions relating to clause
10a.23.5
That submissions
89/5,
173/5,
178/5,
179/5,
180/5,
181/5,
182/5,
183/5,
184/5,
185/5,
186/5,
187/5,
188/5,
1 89/5,
190/5,
191/5, 192/5,
193/5,
194/5,
195/5,
196/5,
197/5,
198/5,
199/5,
200/5,
201/5,
202/5,
203/5,
204/5,
205/5,
206/5,
207/5,
208/5,
209/5,
210/5,
211/5,
212/5,
213/5,
214/5,
215/5,
216/5,
217/5,
218/5,
219/5,
220/5,
221/5,
222/5,
223/5,
224/5,
225/5,
226/5,
227/5,
228/5,
229/5,
230/5,
231/5,
232/5,
233/5,
234/5,
235/5,
236/5,
239/5,
252/5,
253/5,
279/5,
381/5,
1101/98,
1289/107,
2044/5,
2357/5,
2500/5,
2715/5
and 2919/6
be rejected.
That submission
2105/10 be accepted, and that clause 10a.23.5 be amended accordingly to
state:
"Walking, jogging, fitness and riding trials trails (bridle
and bicycle)."
|
4.21 Submissions about clauses 10a.22.8 and 10a.23.8
Submissions dealt with in this section: 379/3, 587/3, 801/3, 810/3, 818/3, 819/1, 827/3, 843/3, 933/3, 1021/3,
1195/3,
1296/3, 1707/3, 1708/3, 1709/3, 1710/3, 1711/3, 1712/3, 1713/3, 1714/3, 1715/3, 1716/3, 1717/3, 1718/3, 1719/3, 2122/3, 2125/3, 2774/3, 2786/3, 2845/3, 3008/3, 3018/3,
3194/3,
3195/3, 3247/3, 3390/3, 3627/3
4.21.1 Decisions requested
These submissions seek that reference to a revised annexure 1a,
Section 8 Recreation be added to clauses 10a.22.8 and 10a.23.8.
4.21.2 Planner's analysis and recommendations
Annexure 1a Section 8 is supplementary information and is not required
for an understanding of the Recreation 1 and 2 objectives, policies and rules.
These clauses - 'Relationship with rules in other parts of the Plan'
- are to refer the reader to other rules within the Plan that are necessary to obtain
a full understanding of the regulatory management regime of land units Recreation
1 and Recreation 2. Annexure 1a Section 8 is not a rule; it is background information.
On balance, it is considered unnecessary to refer to annexure 1a,
Section 8 Recreation in clauses 10a.22.8 and 10a.23.8, and it is recommended that
these submissions be rejected.
It is noted that the recommendation as to whether annexure 1a Section
8 is revised will be addressed in a future report.
|
Planner's recommendations about submissions relating to clauses
10a.22.8 and 10a.23.8
That submissions
379/3,
587/3,
801/3,
810/3,
818/3,
819/1,
827/3,
843/3,
933/3,
1021/3,
1195/3,
1296/3,
1707/3,
1708/3,
1709/3,
1710/3,
1711/3,
1712/3,
1713/3,
1714/3,
1715/3,
1716/3,
1717/3,
1718/3,
1719/3,
2122/3,
2125/3,
2774/3,
2786/3,
2845/3,
3008/3,
3018/3,
3194/3,
3195/3,
3247/3,
3390/3
and 3627/3
be rejected.
|
5.0 Conclusion
This report has considered the decisions requested in submissions
lodged regarding land units Recreation 1 and Recreation 2 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
|
Sarah Smith, assistant planner
|
|
|
Reviewer
|
Megan Tyler, Manager: Islands
|
|
|
Approver
|
Penny Pirrit, Manager: City Planning
|
|
Appendix 1
List of submissions and further submissions
Appendix 2
Summary of decisions requested
Appendix 3
Recommended changes to the Plan
text
Recommended changes to the Plan
maps
