36 20 February 2017
28 December 2016
File: (16/1440)
Report no: DPC2017/1/28
District Plan Update
This brief report summarises the current work being undertaken on the review of the District Plan
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That the report be noted and received. |
Proposed Plan Change 38 - Taita Drive - North of Avalon Park
1. At its meeting of 15 December 2016, Council approved Proposed Plan Change 38 Taita Drive - North of Avalon Park for public notification. The plan change is Council initiated and proposes the rezoning of land at the northern end of Avalon Park from General Recreation to General Residential to provide for residential development of the area. The plan change follows on from the reserve revocation process. The proposal was notified in the Hutt News on 24 January 2017 with submissions closing on 24 February 2017.
Proposed Private Plan Change 45 - Mandel Mews
2. A request for Proposed Private Plan Change 45 Mandel Mews was lodged on 28 November 2016 and accepted by Council on 5 December 2016. The proposal will be taken through the plan change process at the expense of the applicant. The private plan change proposes to delete site specific rules to provide for the development of a residential dwelling and to rezone another site from General Residential to General Recreation to reflect the current and future use of the site. The proposal was notified in the Hutt News on 24 January 2017 with submissions closing on 24 February 2017.
Iwi provisions/Sites of Cultural Significance to Iwi
3. Officers are looking to recommence this project in discussion with the Port Nicholson Block Settlement Trust, Wellington City Council and Upper Hutt City Council.
Natural Hazards
4. Stage 2 of the natural hazards project, a Riskscape Assessment, is now underway, partnering with GNS. The Riskscape Assessment will model the damage caused by specific natural hazard events; firstly to existing buildings and secondly to hypothetical future buildings in alternative development scenarios. The Assessment will therefore help to inform planning for appropriate development. Baseline modelling was completed in January 2017. Modelling of alternative scenarios is continuing.
5. Officers are also scoping a District Plan change to identify flood hazard areas. The flood hazard areas would be shown in the District Plan maps as overlays with associated requirements such as minimum floor levels appropriate to 1 % Annual Exceedance Probability (1 in 100 year) events. This plan change is intended to address issues identified during the preparation of PC43 Residential and Mixed Use.
Greenfield Development in Kelson
6. The land at the end of Major Drive was identified as a potential greenfield development in the Urban Growth Strategy. The owners of the Major Drive Kelson property have engaged consultants to come up with a suggested concept development proposal. To realize the indicated development potential of 45 to 67 lots a plan change will be required to rezone the land from Rural Residential (2 ha per dwelling) to General Residential (400 m2 per dwelling). Officers met with the landowner and consultants on 25 January 2017. A plan change proposal based on the finalised concept plan will be prepared for the consideration of the Committee.
7. Consultants for the owners of a Waipounamu Road Kelson property are preparing a private plan change request to rezone their property from Hill Residential (1000 m2 per dwelling) to General Residential (400 m2 per dwelling) thereby providing for up to 180 lots. The owner intends to ask Council to adopt the proposal as a Council plan change. Given that the plan change would assist Council in meeting its Urban Growth Strategy goals, officers are likely to recommend that Council agrees to the request. Officers met with the consultants on 31 January 2017. A plan change request is likely to be available for the 26 April 2017 meeting of the Committee.
Greenfield Development in Stokes Valley (Shaftesbury Grove)
8. The land at the end of Shaftesbury Grove was identified as a potential greenfield development in the UGS. Officers were working with Urban Plus Ltd and engineering, ecological and landscape consultants to achieve a suitable concept development proposal to form the basis of a plan change proposal. To realize the development potential of the site or parts of the site it would need to be rezoned from Hill Residential (1000 m2 per dwelling) to General Residential (400 m2 per dwelling). The work was put on hold by Urban Plus Ltd pending the possible sale of the land to a private developer.
Significant Ecosites, Landscape Areas and Coastal Natural Character Areas (Significant Natural Resources Chapter 14E)
9. A councillor workshop was held on 31 August 2016 to discuss:
· Options for managing significant ecosites and landscapes
· Stakeholder engagement strategy.
10. The workshop instructed officers to further develop the options, including indicative costs, for managing significant areas. A report is presented elsewhere in this agenda.
Proposed Plan Change 43 - Residential and Mixed Use (Urban Growth)
11. The project looks at enabling residential growth by providing for intensification and greater housing choice within the existing urban environment.
12. The project consultants are currently preparing, in discussion with officers, a draft plan change proposal including section 32 evaluation.
13. Once the draft documents are available, the Councillor Urban Growth Working Group will be reconvened. The Working Group needs to be re-established from the new Council. While membership comprises one councillor from each ward, all Councillors are welcome to attend.
14. The Working Group will be asked to review the draft documents and approve a stakeholder engagement plan based on consultation with groups such as community boards, resident and ratepayer groups, citizen’s panels/focus groups. The stakeholders will then be consulted on the approved draft plan change material.
15. The Working Group will then review the results of the consultation and amend the draft plan change as appropriate for consideration by the Committee and recommendation to Council for approval as a formal Council proposal to be taken through the statutory plan change process including full public consultation.
Private Plan Change 35 - Summerset
16. Private Plan Change 35 rezoned an area of land in Boulcott from General Recreation to General Residential with specific requirements for a retirement village. At its meeting of 15 December 2016, Council gave its final approval to Private Plan Change 35. Plan Change 35 was publicly notified on 17 January 2017 as fully operative.
17. This project has thereby been completed in regard to the District Plan. A retirement village proposal on the site would need to be advanced via a resource consent application.
Proposed Plan Change 36 - Notable Trees
18. Plan Change 36 reviews the Notable Trees Chapter as well as blanket tree and vegetation protection provisions throughout the plan. The plan change was triggered by changes to the RMA invalidating blanket tree protection provisions.
19. The Council decision on Proposed Plan Change 36 Notable Trees and Vegetation Removal was notified by Council and appealed to the Environment Court by the East Harbour Environmental Association.
20. The matter was initially set down for Court-facilitated mediation to be held on 21 September 2016. However, the appellants proposed to use the mediation to advance an agenda for additional work seen by Council as beyond the scope of the appeal. Council therefore requested adjournment of mediation and asked the Court to determine the scope of the appeal. In a joined memorandum both parties advised the court of the issues between the parties as to scope.
21. The parties then provided the Environment Court with legal submissions as to scope. An Environment Court hearing took place on 10 November 2016. The Court ruled that two of the four points of appeal, including the most significant point of appeal, were out of scope.
22. The East Harbour Environmental Association has appealed the Environment Court decision on scope to the High Court.
Proposed Plan Change 36 - Transport
23. Proposed Plan Change 36 is a complete review of the Transport Chapter 14A.
24. The proposed plan change was approved by Council on 20 September 2016 and publicly notified on 4 October 2016 for submissions.
25. Twenty four submissions were received. A Summary of Submissions was publicly notified on 17 January 2017 to provide the opportunity for further submissions.
26. Five further submissions were received.
27. Officers will review and analyse the submissions, discuss with submitters as appropriate and make arrangements for a hearing as required.
Recreation – Seaview Marina
28. Officers are continuing to develop draft plan provisions in consultation with the Seaview Marina Board and key stakeholders such as the Lowry Bay Yacht Club, the Seaview Marina Users Group and the oil companies.
29. After the preliminary round of consultation, a plan change proposal will be prepared for Council consideration.
30. Reviews of the other recreation zones have been overtaken by other priorities. Council’s aspirations for major recreation facilities have been able to be advanced under existing District Plan provisions.
Riverlink - Hutt River Flood Management
31. The project associated with upgrading the Hutt River stopbanks from Melling to Ewen Bridge is now known as Riverlink. The three major partners in the project are Hutt City Council, Greater Wellington Regional Council (GWRC) and NZ Transport Agency.
32. Once the preferred design elements of the project have been confirmed, each partner may issue a Notice of Requirement to designate land to be used for the project, providing the necessary authorisation under the District Plan as well as providing a framework for land acquisition process under the Public Works Act 1981. Notices of Requirement will be processed by the Environmental Policy Division.
33. Consequential changes to the District Plan may also be required to enable Council’s intentions for the riverbank promenade and associated developments.
Proposed Plan Change 42 - 38 Manor Park Road
34. Plan Change 42 proposed the zoning of stopped road as General Residential Activity Area. No submissions were received and at its meeting of 22 November 2016, Council gave final approval of Plan Change 42 Manor Park Road, making it fully operative.
35. This project has been completed.
Proposed Plan Change 44 - Korimako Road/Pitoitoi Road
36. Plan Change 44 proposed the zoning of stopped road as Hill Residential Activity Area. No submissions were received and at its meeting of 22 November 2016, Council gave final approval of Plan Change 44 Korimako Road/Pitoitoi Road, making it fully operative.
37. This project has been completed.
Resource Legislation Amendment Bill
38. The Resource Legislation Amendment Bill is currently in the Select Committee process. The Government is expecting to pass the amendments in 2017.
39. Detailed information on the Bill is available on the Ministry for the Environment website (http://www.mfe.govt.nz/rma/rma-reforms-and-amendments/about-resource-legislation-amendment-bill-2015).
40. The key matters introduced or amended by the Bill include the following:
· The preparation of National Planning Templates (district plan templates) by MfE
· Three processes for developing district plans
o The existing Schedule 1 process
o Collaborative planning process
o Streamlined process.
· Increased requirements for iwi involvement
· Managing significant risks from natural hazards included in section 6 Matters of National Importance
· New regulation making powers for the Minister
· Targeted (geographical area) national policy statements and environmental standards
· New resource consent processes for straightforward resource consent applications
· Detailed step by step public notification provisions rather than Council discretion
· Limitations on third party rights in respect of notified applications.
National Policy Statement on Urban Development Capacity
41. The National Policy Statement on Urban Development Capacity became operative on 1 December 2016. The NPS requires Council to ensure the City has development capacity for residential and business development over 3, 10 and 30 year timeframes.
42. Under the NPS Council must carry out a housing and business development capacity assessment estimating demand, development capacity and infrastructure capacity as well as monitor a range of indicators. Should the assessment indicate insufficient development capacity Council must provide further development capacity and enable development.
43. Officers are engaging with neighbouring councils, Ministry of Business, Innovation and Enterprise and Ministry for the Environment on how to comply with the requirements of the NPS.
44. The current residential review is being tailored to meet the NPS requirements. A review of industrial and business land is currently being scoped. The review is likely to be partnered with neighbouring councils and, again, will be tailored to meet the NPS requirements.
45. Detailed information on the NPS UDC is available on the Ministry for the Environment website (http://www.mfe.govt.nz/more/towns-and-cities/national-policy-statement-urban-development-capacity-0)
There are no appendices for this report.
Author: Andrew Cumming
Divisional Manager Environmental Policy
Approved By: Kim Kelly
General Manager, Strategic Services