District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Questions and answers

How does the proposed plan have a greater focus on sustainability?

The proposed plan encourages low impact building design, sustainable building techniques, and cleaner production techniques. It includes an appendix called 'Sustainable design guidelines for the islands' to guide landowners on how to develop their properties in a sustainable way.

The plan does not require landowners to adopt this approach, but encourages them to do so through the sustainable design guidelines and through the assessment criteria for certain activities.

The proposed plan also aims to manage land use activities in such a way that adverse effects are avoided or mitigated.

There's a greater emphasis on sustainable transport options such as walkways and cycleways, through the introduction of a new section called Connectivity and linkages.

In addition, there's also a new section on Network utility services which aims to ensure that key infrastructure such as electricity, wastewater, and telecommunications systems can meet the needs of future generations.

What controls are in place to protect heritage items?

The proposed plan increases the number of protected heritage sites from 273 to over 500.

Auckland City's heritage staff and independent consultants conducted an extensive survey of many of the inner islands to identify archaeological, geological, and ecological sites, along with buildings and trees that were worthy of protection.

This approach recognises the importance of the natural and built heritage and the long history of the Gulf islands in both Maori and European settlement.

What can I do if my property is identified as having a heritage item on it?

There are specific rules and requirements in the heritage section of the plan relating to heritage items. Every heritage category has specific rules to control activities ranging from earthworks, fencing and grazing, to buildings and structures.

Rules relating to heritage items are strict to ensure that the scheduled item and its surrounds are not degraded or damaged by land use or subdivision activities.

You may need a resource consent to undertake certain activities, so before you do anything on a site that has a heritage item on it, check with the council to see whether a consent is needed.

Is conservation land affected?

Yes. More than 60 per cent of the land area in the Hauraki Gulf is in public ownership, and under the stewardship of the Department of Conservation (DoC). The proposed plan recognises this unique situation.

The plan replaces the 'conservation islands' land unit in the operative plan, with a wider 'conservation' land unit for DoC land and other land with high conservation value.

The rules that apply to this land unit recognise the unique value of conservation land and the additional provisions in the Resource Management Act that apply to land covered by a conservation management strategy.

Controls are imposed to ensure that conservation activities and functions are able to take place while ensuring that the scale of activities is appropriate and does not reduce conservation values.

The natural landscape of the Gulf islands is unique - is this protected under the proposed plan?

The proposed plan has an increased recognition of the Hauraki Gulf Marine Park Act 2000 and the Auckland Regional Council's proposed policy on outstanding natural landscapes.

For example, the approach taken on Great Barrier targets and consolidates development within the existing 'settled' areas in order to protect the significant natural features outside of the settlement areas.

The status of activities, buildings (including their scale, form and location) and minimum site sizes for subdivision have been carefully considered in the development of the plan to ensure that the natural landscape is recognised so that buildings and structures do not dominate the natural environment.

The proposed plan also contains controls on indigenous vegetation clearance, and introduces exotic tree protection controls on Waiheke.

Part 11 of the plan - Assessment matters also requires that all resource consent applications must consider the Hauraki Gulf Marine Park Act 2000, in addition to any other assessment criteria identified in that part of the plan.

Is there a recognition of natural hazards, such as flooding, slips and the potential for rising sea levels?

The proposed plan recognises that much of the environment of the Hauraki Gulf is coastal and is therefore potentially subject to a number of natural hazards.

A new section on natural hazards has been included in the plan which details specific controls in relation to natural hazards. Planning maps also identify areas of known hazards.

The proposed plan contains specific provisions around subdivision and development in areas that may be subject to a natural hazard.

The plan also introduces strict controls for earthworks and vegetation clearance around the coast and other water systems in order to avoid or minimise erosion. This also ensures that known or potential natural hazards are not exacerbated.

Are there any changes to the current land units and policy areas for the Hauraki Gulf islands?

Yes. The number and type of land units has been rationalised and specific controls have been introduced for each land unit to recognise its unique characteristics. Policy areas have also been replaced.

On Waiheke, area-specific land units have been created to replace most of the policy areas, while on Great Barrier the policy areas have been replaced with 'settlement areas', which provide an integrated set of objectives, policies and rules which not only reflect the underlying landscape characteristics, but the activities that could occur on that land.

Onetangi is the only area that has a policy area on Waiheke in the operative plan that has not been replaced with a custom-made land unit. Instead, this area is now covered by land units commercial 3, 4 and recreation 1.

Key land units affected on Waiheke are:

• Land unit 20

The land unit has been renamed Rural 1 (rural amenity) in the proposed plan

The area covered by the land unit has changed slightly. The land in Te Toki Road, which was classified as land unit 20, has now been included in the recreation 2 land unit because of its reserve status.

The new Rural 1 land unit differentiates between the Onetangi Road area of the land unit and other areas of the land unit. It recognises that the Onetangi area is different in scale and caters for a wider range of non-productive activities. In the 'other areas' of the land unit (ie not in the Onetangi Road part of the land unit) the amount of non-productive activities is limited.

The minimum site size for subdivision in this land unit has also been increased to 5 ha.

• Land units 21 and 22

In the proposed plan, land units 21 (Te Whau), 22 (western landscape) and the area known as Thompsons Point have been combined to form a new land unit called rural 2 (western landscape).

The rural 2 land unit features new controls for subdivision.

• Oneroa Village

Oneroa village has a tailor-made land unit called commercial 1 (Oneroa village) in the proposed plan.

In the operative plan, the extent of retailing is defined by the boundaries of land unit 13 (retailing), with the Oneroa policy area covering the wider village area. In the proposed plan, the boundary of the commercial land unit (commercial 1) has been extended to the west, thereby increasing the area available for commercial development.

There are controls to require retail activities at street level, control around buildings and verandahs, and controls around internal noise for residential units.

• Ostend Village

The Ostend village has a tailor-made land unit covering the commercial area, and is called commercial 2 (Ostend village) in the proposed plan.

In the operative plan, a policy area applies to Ostend - Okahuiti - Tahi. In the proposed plan, the Tahi Road industrial area is controlled by the commercial 5 (industrial) land unit and so is now independent of the specific Ostend land unit. Controls have been introduced around internal noise requirements for residential units, landscape amenity and the location of non-retail activities.

Key areas affected on Great Barrier are:

• Settlement areas

These replace the policy areas of the operative plan for Great Barrier and aim to focus growth and development within the existing settled areas on Great Barrier. The settlement areas apply to the areas covered by policy areas of the operative plan at; Tryphena, Medlands, Claris, Port Fitzroy, and also includes the settlements of Okiwi, Whangaparapara, Okupu, Aotea (Motairehe/Kaoa) and Awana.

Settlement areas are divided into sub-areas to provide for specific activities in particular locations. Sub-areas are shown in the plan.

• Wharf land unit

A wharf land unit has been introduced to allow for appropriate development around wharf areas.

• Recreation land units

A land unit to recognise local parks, esplanades and reserves has been introduced to allow for the appropriate management of these areas.

Are there changes to subdivision rules?

Yes. The aim is to control the intensity of subdivision and land use to a scale that is appropriate for the different characteristics of the various island environments.

The proposed district plan differs from the operative district plan in that there is no provision to vary the minimum site size for a subdivision. The subdivision rules also aim to ensure that new subdivisions do not limit public access to the coast.

The proposed plan introduces new minimum site sizes for some land units in the Hauraki Gulf.

Are there any new restrictions on the type and size of buildings that can be built?

Yes. There are controls on the size, coverage and height of buildings depending on the land unit or settlement area they are constructed in. These rules ensure that the built environment suits the area and does not dominate the natural environment.

The proposed plan also introduces an impervious surface control to limit the land area that can be covered by buildings and paved or sealed areas. The controls apply to all sites less than 2000m2 in all land units (except commercial 1-3, 5, 7 and Matiatia) and the residential amenity areas of the settlement areas. Specific provisions apply to commercial 1-3 and 5, and the Claris light industry and local retailing areas within the settlement areas. This is to ensure that there is adequate room for on-site wastewater and stormwater disposal.

In some land units and settlement areas, there is a rule controlling the maximum building footprint of any one building.

The proposed plan also includes the introduction of a permitted standard for the colour of buildings in the settlement areas on Great Barrier Island.

In some land units and settlement areas, if you meet all of the rules, a building may be permitted, and therefore does not require a consent. In others, all buildings, except minor alterations and additions, will require a consent, even if all the rules are met.

Are there any changes suggested for water, wastewater and stormwater?

Yes. New rules have been introduced to encourage the planting of indigenous plant species to help with wastewater and stormwater disposal.

There are also changes to wastewater rules. There are no specific rules around wastewater included in the proposed plan because the requirements are set out by the Auckland Regional Council, and are also covered by the Building Act.

However, the proposed plan does include provision for the disposal of settled solids from septic tanks, and wastewater treatment and disposal systems in landform 5 (productive land).

Has there been changes to financial contributions from developments?

Yes. Under the proposed plan, financial contributions can be taken for the following purposes:

• open space
• infrastructure
• community amenities
• environment or heritage.

Contributions may be taken in the form of money, land, or both.

For open space, the council may require a payment based on 7.5 per cent of the value of each additional site created.

However, further payments may also be required to assist the council in providing for infrastructure, community amenities and local environment or heritage. This recognises the impact a new development can have on existing infrastructure etc. These payments would be determined on a case-by-case basis.

The council has decided that financial contributions policy under the proposed plan will not be charged until the plan is operative. Until this time, the current operative plan provisions will continue to apply.

Are there any changes to resource consents or the status of some activities?

Yes.

The proposed plan removes the 'controlled activity' category of resource consent and replaces it, in most cases, with either a permitted or a restricted discretionary activity. If an activity is 'restricted discretionary' then the council has the option to decline the consent or approve it with or without conditions. By way of comparison, a controlled activity must be granted, however conditions can be imposed.

The operative plan requires a resource consent for any alteration or addition to a building, earthworks, and vegetation removal in most of the policy areas.

In the proposed plan, the requirements for consent have been reviewed, and a resource consent for buildings is required in areas where it is considered necessary. These include, but are not limited to, the Oneroa and Ostend land units, and the local retailing parts of the settlement areas.

Earthworks and vegetation removal in all land units and settlement areas are managed through permitted standards rather than an over-arching rule requiring a consent regardless of the scale or location of these activities.

The proposed plan also includes a definition of 'minor alterations and additions' which provides parameters for some minor work which will not require a resource consent.

Are there designations for public works?

Yes. The proposed plan includes designations for public works on the islands. Some designations are the council's and others are designations for schools, telecommunications and police stations.

Some are 'rolled over' with little change from those in the operative plan but there are new designations such as those for the Owhanake wastewater treatment plant on Waiheke, and the Claris and Okiwi airfields on Great Barrier.

Any person can make a submission on the designations that are notified as part of the proposed plan.

What about tourism?

The proposed plan recognises that that Hauraki Gulf and its islands are a significant visitor destination for both domestic and international tourists.

The proposed plan introduces new controls for different types and scale of visitor and tourist facilities throughout the gulf islands. These range from camping facilities to larger scale tourist facilities.

The commercial 4 (visitor facilities) land unit applies to specific locations on Waiheke, as in the operative plan. The most significant changes are new rules setting a maximum height of eight metres and a maximum building coverage of 15 per cent. These rules apply to the entire land unit.

Other land units and settlement areas also provide for camping facilities, visitor accommodation and tourist facilities. Depending on their scale and location, a resource consent may be required to assess the effects of the activity, and specific criteria would need to be met.

Homestays are a permitted activity within the island residential land units (land units 11 and 12), however visitor accommodation, as defined in the plan, is a non-complying activity.

There is also the continued provision for residential and visitor accommodation on Pakatoa Island.

What is happening with Rotoroa Island?

The council has spoken with the owners of the island about the closure of the rehabilitation facility. The proposed plan recognises the closure of the rehabilitation centre and provides for a conservation approach to the island.

The island is divided into two areas, the conservation/residential area and a visitor area. An integrated visitor development will require a resource consent, and up to 10 dwellings have been provided for under the proposed plan.

What about Matiatia?

The proposed plan introduces a Matiatia (mixed use) land unit. The rules for this land unit reflect the directions from the Environment Court and the 'good ideas' search. However, the structure and format of the rules has been made consistent with the rest of the plan, and in this respect looks different to plan change 38.

Will the proposed plan have any impact on rates?

The proposed plan suggests some changes which could potentially have an impact on the rates some property owners pay. This is because the changes may affect property values.

As an example, a property which may be potentially subdividable into six sites under the operative district plan, may only be subdividable into three sites under the proposed district plan. Conversely, a property may have increased potential for subdivision through the proposed plan. The identification and scheduling of a heritage item on a property can also impact on the valuation on a property.

Rating values are used to determine the share of rates charged to individual property owners however, the actual rates amount is also dependent on council's budgetary requirements and rating policy at the time. Rating values are assessed every three years. The last revaluation was in 2005 and these values are used for rating purposes for the next three years. The assessed values take into account the provisions of the operative district plan at the date of valuation. However, values are based on and must be supported by comparable market evidence at the date of valuation.

The proposed plan is not expected to be operative until somewhere between 2008 and 2010.

Will the proposed impact on the time and costs of processing resource consents?

Yes. Any resource consent that is still being processed at the time of notification, and any resource consent lodged after the proposed plan has been notified, must be assessed against both the operative and proposed plans.

This means more time will be spent processing applications because two plans need to be taken into consideration. An increase in processing time may increase the costs of an application, however the council will monitor this.

The operative plan says an activity is permitted, but the proposed plan says it is not a permitted activity and requires a resource consent. Do I have to get a consent?

Yes. If either plan requires a resource consent then you must obtain one before undertaking the activity.

What's the situation if I can do more with my property under the proposed plan?

You must check any proposal for your property against both plans. Even if you want to undertake a permitted activity in the proposed plan, you may still require a resource consent under the operative plan.

An application will be assessed against both sets of rules. Case law has determined the amount of influence or weighting given to a proposed plan changes as it proceeds through the statutory process of submissions, hearings, decisions and appeals. At the time of notification the proposed plan is very 'young' and has not been scrutinised by the community, so this means it does not influence the decision on an application as much as it would once decisions on the plan have been made.

Does the proposed plan relate to the Waiheke library?

It doesn't. A separate project and consultation exercise is being undertaken on this, which is independent of the proposed district plan.

Will submissions be used for anything other than the district plan review?

The council may use the results of the submission process for other decision making processes in the future, including decisions under the Local Government Act 2002.

How does the proposed plan relate to the documents incorporated by reference?

The proposed plan refers to other documents, such as New Zealand Standards or a Council Code of Practice. These must be adhered to, to achieve compliance with a particular clause in the plan. Where the Plan relies on another document, such as a New Zealand standard, the council should have publicly notified the particular standard as a document to be incorporated by reference in the proposed plan. However, the list of documents notified and ultimately used may change throughout the statutory processes of the plan.

The amendments to the Resource Management Act introduced a new requirement for incorporation of documents by reference into district plans. The council has to consult on proposals to incorporate documents by reference in the plan. As part of the notification of the proposed district plan, a list of the documents that have been incorporated by reference is also notified. Such material has legal effect as part of the plan.

Has there been any consultation with tangata whenua?

Yes. The council consulted with both Ngati Rehua and Ngati Paoa during the development of the plan and the proposed plan acknowledges their status in the Hauraki Gulf.

I can't get to a service centre or library to view the plan. What can I do?

The plan is available to view here on the Auckland City web site. Further information and a CD ROM of the proposed plan are also available free of charge by contacting the duty planner, isthmus and islands resource management on 379 2020. Alternatively, copies of the free CD ROM are available at the service centres on Waiheke and Great Barrier.