72 26 April 2017
30 March 2017
File: (17/580)
Report no: DPC2017/2/68
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.
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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.
Natural Hazards
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.
Seaview Marina
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