District Plan Committee
20 April 2017
Order Paper for the meeting to be held in the
Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
Wednesday 26 April 2017 commencing at 5.30pm
Cr Bridson (Chair)
Cr Cousins (Deputy Chair)
For the dates and times of Council Meetings please visit www.huttcity.govt.nz
DISTRICT PLAN COMMITTEE
6 elected members
Chair: RMA Certified (RMA hearing commissioner under Making Good Decisions programme)
Minimum of either 3 or 4 elected members (including the Chair) and alternates who have current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers.
The inclusion of independent Commissioners in hearing subcommittees or hearing panels as appropriate
Meets on a six weekly basis, as required or at the requisition of the Chair
To monitor the effectiveness of the City of Lower Hutt District Plan as a strategic policy and operational document for the district and facilitate consideration of Plan Changes.
To consider matters relating to quasi-judicial responsibilities of the Council under legislation. This includes matters under the RMA including district plan hearings.
· Recommend to Council District Plan changes and District Plan variations for Council approval prior to notification.
· Recommend to Council private District Plan Change requests for Council to Accept, Adopt or Reject.
· Recommend to the relevant Requiring Authority decisions on all matters concerning Designations and Notices of Requirements in accordance with Part 8 of the Resource Management Act 1991.
· Recommend to Council for final approval, to make operative, District Plan and District Plan Changes (in accordance with clause 17, Part 1, Schedule 1 of the Resource Management Act 1991).
· Determine all other matters (including decisions requested by submitters) concerning the District Plan and District Plan changes (in accordance with Schedule 1 of the Resource Management Act 1991).¨
· Exercise the power of waiver of the requirement to provide parties with copies of written reports prior to hearings (under Section 42A (4) of the Resource Management Act 1991).
· Appoint a subcommittee or hearing panel of suitably qualified person(s) to conduct statutory hearings on behalf of the Committee. The Chair of the District Plan Committee is also delegated this function.
· Set the District Plan Work Programme and monitor its implementation.
· Develop and review appropriate strategies and policies in relation to the District Plan.
· Approve and forward submissions to other authorities on matters relevant to the Committee’s area of responsibility.
· Monitor the effectiveness of the District Plan and consider issues raised with the committee.
The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Making Good Decisions RMA training that MfE runs (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1 Hearings commissioners are kept abreast of developments in the legislation.
2 Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).
3 The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.
District Plan Committee
Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Wednesday 26 April 2017 commencing at 5.30pm.
1. Opening FORMALITIES - Karakia (17/588)
Whakataka te hau ki te uru
Whakataka te hau ki te tonga
Kia mäkinakina ki uta
Kia mätaratara ki tai
E hï ake ana te atakura
He tio, he huka, he hau hü
Tïhei mauri ora.
3. PUBLIC COMMENT
5. Recommendation to Council - 23 May 2017
District Plan Change 49
Copeland Street Reserve
Rezoning to General Residential Activity Area - Medium Density and General Recreation Activity Area (17/565)
Report No. DPC2017/2/100 by the Senior Environmental Policy Analyst 3
“That the recommendations contained in the report be endorsed.”
6. Information Item
District Plan Update (17/580)
Report No. DPC2017/2/68 by the Divisional Manager Environmental Policy 72
“That the recommendation contained in the report be endorsed.”
With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.
8. Closing FORMALITIES - Karakia (17/626)
Kia tau ki a tatou katoa
Te atawhai o to tatou ariki ko Ihu karaiti
Me te aroha o te Atua
Me te whiwhingatahitanga
Ki te wairuatapu
Ake, ake, ake, Amene.
29 March 2017
Report no: DPC2017/2/100
Plan Change 49
Copeland Street Reserve
Rezoning to General Residential Activity Area - Medium Density and General Recreation Activity Area
Purpose of Report
1. To present Draft Proposed Plan Change 49 to the Committee for consideration and approval.
That the District Plan Committee recommends that Council:
(i) notes the proposed Plan Change which is attached as Appendix 1 to this report;
(ii) resolves to promulgate Proposed Plan Change 49 for consultation;
(iii) instructs officers to publicly notify Proposed Plan Change 49 as soon as practicable; and
(iv) allows officers to make any non-policy related changes to the details of the proposed Plan Change should the need arise.
2. The purpose of proposed Plan Change 49 is to rezone the south-western part of a Hutt City Council owned area of land at 96A Witako Street, Epuni (Copeland Street Reserve) from General Recreation Activity Area to General Residential Activity Area – Medium Density. The proposed Plan Change also seeks to rezone two properties at 51 and 53 Hall Street (owned by Urban Plus Ltd) from General Residential Activity Area – Medium Density to General Recreation Activity Area in the City of Lower Hutt District Plan.
Rezoning to General Residential Activity Area – Medium Density
3. The proposed plan change seeks to rezone the south-western portion of the Copeland Street Reserve (Lot 1 DP 25931) from General Recreation Activity Area to General Residential Activity Area – Medium Density. The north-eastern part of the reserve is proposed to be retained for recreation purposes. The portion proposed to be rezoned has an area of approximately 8290m2 and was previously vested as reserve. The Department of Conservation agreed on 1 July 2016 to revoke the reserve status and Council intends to dispose of the land once the site has been rezoned. The proposed zoning will ensure that any future development will be consistent with adjoining residential areas.
Rezoning to General Recreation Activity Area
4. The proposed plan change also seeks to rezone the two properties at 51 and 53 Hall Crescent (Lots 6 and 7 DP 25931) from General Residential Activity Area – Medium Density to General Recreation Activity Area. The properties are owned by Urban Plus Ltd, have an overall area of approximately 854m2 and are currently used for residential purposes containing a dwelling each. It is intended to remove the dwellings and use the land for recreation activities, thereby improving access, visibility and connectivity of the remaining Copeland Street Reserve with the surrounding neighbourhood.
5. No new District Plan provisions (Objectives, Policies, Rules or Standards) will be introduced and no existing District Plan provisions will be amended as a result of this proposal. The only amendment proposed is to the District Plan Map to reflect the new zoning of the Sites.
6. The section 32 evaluation which forms part of the proposed Plan Change document (attached as Appendix 1 to this report) addresses the principles of the Resource Management Act 1991 as well as regional and local policy documents and strategies along with the policies and objectives of the District Plan in relation to the proposed rezoning. It also includes an assessment of the potential effects of the proposed rezoning.
7. Several rezoning options have been considered for the sites and are outlined in more detail in the section 32 evaluation attached to this report.
8. For the land forming the south-western portion of the Copeland Street Reserve that is currently zoned General Recreation Activity Area the following three options were considered in detail:
1. Status quo – do nothing
2. Rezone the site as General Residential Activity Area
3. Rezone the site as General Residential Activity Area – Medium Density
9. Of the three options Option 3 is recommended. Rezoning the site to General Residential Activity Area – Medium Density will allow for residential development of the site while ensuring that any future development will be of a nature and scale that is consistent with the development potential of the surrounding residential area.
10. For the sites at 51 and 53 Hall Crescent that are currently owned by Urban Plus Limited and zoned General Residential Activity Area – Medium Density the following two options were considered in detail:
1. Status quo – do nothing
2. Rezone the sites as General Recreation Activity Area
11. Of the two options Option 2 is recommended. Rezoning the sites to General Recreation Activity Area will allow for recreational opportunities and provide a level of compensation for the loss of recreational land associated with the rezoning of the south-western end. The zoning as General Recreation Activity Area is consistent with the remaining portion of Copeland Street Reserve
12. These matters are fully outlined in the section 32 report of the proposed Plan Change document (Appendix 1)
13. In preparation of the proposed Plan Change consultation has been carried out with the following statutory authorities in accordance with Schedule 1 of the Resource Management Act 1991
· Ministry for the Environment;
· Department of Conservation;
· Greater Wellington Regional Council;
· Upper Hutt City Council;
· Kapiti Coast District Council;
· Porirua City Council;
· South Wairarapa District Council;
· Wellington Tenths Trust;
· Orongomai Marae;
· Te Runanganui o Taranaki Whanui ki te Upoko o Te Ika a Maui;
· Te Runanga o Toa Rangatira Inc;
· Port Nicholson Block Settlement Trust;
· Ngati Kahungunu; and
· Rangitane o Wairarapa Incorporated.
14. No feedback has been received.
15. In addition to the above, full consultation on Proposed Plan Change 49 will be undertaken under the provisions of the Resource Management Act 1991 if and when the Proposed Plan Change is promulgated.
16. All requirements under the Resource Management Act 1991 (RMA) will be followed.
17. There are no financial considerations.
18. In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it the proposal is the most appropriate way to achieve the purpose of the RMA. It does this in a way that is cost-effective because it follows the statutory process outlined in the RMA and ensures that land subject to the Proposed Plan Change will have appropriate zoning.
PC 49 - Draft Proposed Plan Change Document
Author: Corinna Tessendorf
Senior Environmental Policy Analyst
Reviewed By: Andrew Cumming
Divisional Manager Environmental Policy
Approved By: Kim Kelly
General Manager, Strategic Services
30 March 2017
Report no: DPC2017/2/68
District Plan Update
This brief report summarises the current work being undertaken on the review of the District Plan
That the report be noted and received.
Proposed Plan Change 49 Copeland St Reserve
1. Proposed Plan Change 49 Copeland St Reserve rezones the western part of Copeland Street Reserve from General Recreation Activity Area to General Residential Activity Area. The proposed Plan Change also seeks to rezone two properties at 51 and 53 Hall Street from General Residential to General Recreation Activity Area.
2. A plan change proposal is presented elsewhere in this agenda for the Committee’s consideration.
Proposed Plan Change 38 - Taita Drive - North of Avalon Park
3. No submissions were received on Proposed Plan Change 38 Taita Drive - North of Avalon Park. The plan change was given final approval by Council at its meeting of 14 March 2017. Public notice of the final approval was given on 28 March 2017.
4. Plan change 38 is now fully operative.
Proposed Private Plan Change 45 - Mandel Mews
5. Three submissions plus one late submission were received on Proposed Private Plan Change 45 Mandel Mews. No submitters wished to be heard therefore no hearing was required. The plan change will be determined by the Chair of the District Plan Committee acting under delegated authority.
Iwi provisions/Sites of Cultural Significance to Iwi
6. Officers are looking to recommence this project in discussion with the Port Nicholson Block Settlement Trust, Wellington City Council and Upper Hutt City Council.
7. 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.
8. 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.
Greenfield Development in Kelson
9. The land at the end of Major Drive was identified as a potential greenfield development in the Urban Growth Strategy. To realise its development potential a plan change will be required to rezone the land from Rural Residential (2 ha per dwelling). Officers have had several meetings with the landowners and their consultants to discuss development options. The property now appears to have changed hands. Officers will engage with the new owner as appropriate.
10. Once suitable information is available, a plan change proposal will be prepared for the consideration of the Committee.
11. 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 and await the proposal.
Greenfield Development in Stokes Valley (Shaftesbury Grove)
12. 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)
13. At its meeting of 20 February 2017 the District Plan Committee considered and recommended to Council a proposal for a whole of Council approach to the management of ecosites, landscapes and coastal natural character areas.
14. Officers are now preparing GIS maps of the affected areas of Hutt City so that affected landowners can be identified and consulted.
Proposed Plan Change 43 - Residential and Mixed Use (Urban Growth)
15. Proposed Plan Change 43 is intended to enable residential growth by providing for intensification and greater housing choice within the existing urban environment.
16. Officers are currently preparing a draft plan change proposal including section 32 evaluation and consultation material for discussion with the re-established Councillor Working Group. A meeting of the Working Group has been set down for 26 April 2017 prior to this Committee meeting. (The Working Group membership comprises one councillor from each ward with all Councillors being welcome to attend).
17. The Working Group was 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.
18. The Working Group will then be reconvened to 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.
Proposed Plan Change 36 - Notable Trees
19. 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.
20. 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.
21. 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.
22. 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.
23. The EHEA has appealed the Environment Court decision on scope to the High Court. A High Court hearing has been set down for 14 June 2017.
Proposed Plan Change 36 - Transport
24. Proposed Plan Change 36 is a complete review of the Transport Chapter 14A.
25. The proposed plan change was approved by Council on 20 September 2016 and publicly notified on 4 October 2016 for submissions.
26. Twenty four submissions were received. A Summary of Submissions was publicly notified on 17 January 2017 to provide the opportunity for further submissions.
27. Five further submissions were received.
28. Officers have reviewed and analysed the submissions and sought expert advice on matters to be resolved. The next steps will be to develop potential solutions, discuss those with submitters as appropriate and make arrangements for a hearing.
29. 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.
30. The plan change proposal also needs to be informed by a natural hazards report and a visual assessment.
31. A plan change proposal will be presented to the Committee for consideration in due course.
Riverlink - Hutt River Flood Management
32. 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.
33. 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.
34. Consequential changes to the District Plan may also be required to enable Council’s intentions for the riverbank promenade and associated developments.
Resource Legislation Amendment Bill
35. The Resource Legislation Amendment Bill had its third reading in April 2017 and is awaiting Royal Assent.
36. Detailed information on the Bill and the Select Committee report 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).
37. A Councillor workshop on the implications of the Bill for the district plan and resource consent processes is scheduled for 27 April 2017.
National Policy Statement on Urban Development Capacity
38. 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.
39. 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.
40. 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. Wellington City Council is leading a joint project to develop an appropriate model and methodology for implementation.
41. 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