District Plan Committee
21 July 2017
Order Paper for the meeting to be held in the
Hutt City Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
Wednesday 26 July 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 Hutt City Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Wednesday 26 July 2017 commencing at 5.30pm.
1. OPENING FORMALITIES - Karakia Timatanga (17/863)
Whakataka te hau ki te uru
Whakataka te hau ki te tonga
Kia mākinakina ki uta
Kia mātaratara ki tai
E hī ake ana te atakura
He tio, he huka, he hau hū
Tīhei mauri ora.
Cease the winds from the west
An apology from Cr Cousins has been received.
3. PUBLIC COMMENT
5. Residential Intensification (17/1033)
Report No. DPC2017/3/163 by the Divisional Manager Environmental Policy 9
"That the recommendations contained in the report be endorsed, and that option 4 in recommendation part(i)f.4. to ‘Defer CBD Edge for consideration as part of Lower Hutt 2040 project’be the preferred option.”
6. Information Item
District Plan Update (17/1032)
Report No. DPC2017/3/102 by the Divisional Manager Environmental Policy 134
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 Whakamutunga (17/864)
Kia hora te marino
Kia whakapapa pounamu te moana
He huarahi mā tātou i te rangi nei
Aroha atu, aroha mai
Tātou i a tātou katoa
Hui e Tāiki e!
May peace be wide spread
May the sea be like greenstone
A pathway for us all this day
Let us show respect for each other
For one another
Bind us together!
02 July 2017
Report no: DPC2017/3/163
Purpose of Report
1. To seek instructions on:
· The overall approach to a residential intensification plan change including the extent of any proposed targeted areas.
· The consultation process.
It is recommended that the Committee:
(i) requests officers to prepare Proposed Plan Change 43 Residential and Suburban Mixed Use for consideration at the District Plan Committee meeting of 20 September 2017. The plan change approach is confirmed as the approach that was consulted on in the Public Voice online survey of May/June 2017and is summarised as:
a. intensive residential development requiring resource consent must follow a design guide;
b. new Suburban Mixed Use zone in targeted areas, with a maximum building height standard of 10 metres;
c. new Medium Density Residential zone in targeted areas, with a maximum building height standard of 10 metres and height to boundary standard of 2.5 metres vertically at the side and rear boundaries with a 45 degree recession plane;
d. comprehensive Residential Development enabled on General Residential sites of 1400m2 or larger;
e. enabling infill development provisions including tiny houses;
f. targeted area maps amended, as attached as Appendix 2 to the report including the following option for the CBD Edge targeted area:
1. Option 1: As proposed in the online survey with amendments at north end and east of Cornwall St; or
2. Option 2: As suggested by Deputy Mayor Bassett; or
3. Option 3: As suggested by Deputy Mayor Bassett with additional outlying areas of Option 2 also removed; or
4. Option 4: Defer CBD Edge for consideration as part of Lower Hutt 2040 project;
(ii) approves a submission period in the plan change process of at least 3 months; and
(iii) requests officers to prepare a comprehensive communications plan to accompany the proposed plan change.
2. Proposed Plan Change 43 is under development. The plan change is intended to enable residential growth by providing for intensification and greater housing choice within the existing urban environment.
3. The plan change is part of a suite of measures – intensification plus greenfield development at the urban edge - to give effect to Council’s Urban Growth Strategy and meet Council’s obligations under the National Policy Statement on Urban Development Capacity to provide sufficient short, medium and long term capacity for housing growth. The plan change recognises that Council will not be able to achieve its goals or meet its obligations solely through greenfield development.
4. Council established the Residential Intensification Working Group in 2016. The Working Group currently comprises Councillors Bridson, Bassett, Cousins, Barry, Lewis and Sutton. (The Mayor and all Councillors are invited to participate in Working Group meetings as a matter of course). The Working Group was established to facilitate in-depth consideration of officers’ residential intensification options based on the Jacobs Consultants Ltd report “Hutt City - Planning for the Future; A long-term vision for future housing growth and choice - Urban Development Plan for Hutt City Residential Intensification”.
5. The final Jacobs report took into account feedback from the Working Group on the preferred locations of residential intensification.
6. Officers recommended that residential intensification proceeds through the following overall approach in the District Plan:
a. Require intensive residential development that needs resource consent to follow a design guide.
b. Establish a new Suburban Mixed Use zone in 10 specific targeted areas to replace much of the existing Suburban Commercial zone and allow for buildings of up to three storeys, compared with Suburban Commercial’s two-storey limit. Buildings would accommodate shops and cafes on the ground floor, with the second and third storeys being residential or office.
c. Establish a new Medium Density Residential zone in 10 specific targeted areas adjacent to the proposed Suburban Mixed Use zone and allow for residential buildings of up to three storeys.
d. Enable greater intensification (Comprehensive Residential Development) on sites larger than 1400m2 in the General Residential zone.
e. Enable traditional infill, allowing two dwellings per site subject to standards for outdoor living space and site separation.
f. Enable minor dwellings (granny flats, tiny houses), subject to standards for outdoor living space and site separation.
7. The Working Group met on 26 April 2017 to discuss and confirm a public consultation on the above draft plan change approach. The agreed approach was to use an online survey because of its ability to provide Council with a representative view of all sectors of the population. The online survey is discussed below.
The Online Survey
8. The online survey explained Council’s possible approach to intensification and sought feedback on the key elements of the approach and the locations targeted in the approach.
9. The survey included maps of possible targeted areas at Stokes Valley, Taita, Naenae, Avalon, Epuni, Waterloo, the CBD Edge, Alicetown, Waiwhetu/Woburn and Wainuiomata and asked respondents to comment on the extent of the areas.
10. The survey was conducted by Council’s survey provider Public Voice Ltd.
11. The online survey was aimed primarily at Hutt City Views – a representative panel of Hutt City residents who participate in surveys about issues facing the city and provide Council with a representative view of all sectors of the population.
12. The survey was also made available to the general public via the Council website, Council Facebook page and Neighbourly so that anyone with an interest could state their views.
13. The Working Group reviewed a draft online survey and approved its release subject to a number of amendments to improve clarity and understanding.
14. A non-functional version of the survey is available at the following link:
15. Officers advised iwi authorities of the survey in emails and meetings with Port Nicholson Block Settlement Trust and Tenth’s Trust and in email to Ngati Toa.
16. The survey was completed by 1540 people and generated much discussion. Of these, 528 responses came from the Hutt City Views Panel. There were 1012 responses from the general public. The Panel responses and general public responses were collated and analysed separately. On several of Council’s proposals, there were significant differences of opinion between the responses of the panel and those of the general public.
17. The results of the survey are summarised below. The full results are attached as Appendix 1 to the report, which is also available at the following link:
18. Of the panel respondents, 82 per cent supported the proposed Suburban Mixed Use zone and 12 per cent opposed it. Among general public respondents, 62 per cent supported the proposed zone with 31 per cent against. Opinions also differed on the proposed Medium Density Residential zone, which was supported by 69 per cent of panel respondents and 44 per cent of general public respondents.
19. Respondents were strongly in favour of Option A of the three options presented for dealing with building height in relation to boundaries within the Medium Density Residential zone. Option A showed a height to boundary standard of 2.5 metres vertically at the side and rear boundaries with a 45 degree recession plane, and a 1m yard requirement.
20. Council’s possible plan change ideas also included providing for greater development in the General Residential zone, including enabling more intensification on large sites and opportunities for tiny houses. Of the panel respondents, 83 per cent supported traditional infill, compared to 67 per cent of the general public. The proposed infill development of small houses attracted 83 per cent support from the panel and 72 per cent from general public respondents.
21. To ensure high-quality developments, Council proposes all intensive residential developments that require resource consent would have to follow a design guide. Panel and general public respondents support for this is 82 per cent and 81 per cent respectively.
22. In summary, the Hutt City Views Panel strongly supported the suggested Council approach. The Panel also showed a solid minority response in opposition. The opposing point of view is shown more strongly in the self-selected general public response group.
Consideration of Survey Results and Next Steps
23. The Working Group convened a workshop on 21 June 2017. The workshop considered the survey results and agreed to take a bus tour of the suggested targeted areas to assist in understanding the potential effects of residential intensification and determining the appropriate extent of any targeted areas. The bus tour took place on 27 June 2017.
24. The Working Group convened a follow up workshop on 7 July 2017 and discussed the plan change approach and the targeted areas in the context of the survey results and the bus tour.
25. The Working Group confirmed its support for the overall approach to residential intensification as set out above and confirmed a height to boundary standard in the Medium Density Residential zone of 2.5 metres vertically at the boundary with a 45 degree recession plane, and 1m yard requirement. The Working Group made a number of changes to targeted areas as a result of feedback in the online survey, confirmed by the tour of the sites.
26. The Working Group was unable to reach consensus on the CBD Edge targeted area and has identified 4 options for the Committee to select its preferred option from. The amendments to targeted areas including the 4 CBD Edge options are shown in the maps, attached as Appendix 2 to the report.
27. CBD Edge Option 1 involves minor changes at the area’s north end and east of Cornwall St. The option remains consistent with the recommendation of officers and the representative Panel results of the online survey.
28. CBD Edge Option 2 involves changes suggested by Deputy Mayor Bassett in response to his discussions with potentially affected residents of the area. The option is not consistent with the representative Panel results of the online survey and is not supported by officers.
29. CBD Edge Option 3 is Option 2 with the isolated outlying areas removed on the basis that they make little sense with closer in areas removed. The option is not consistent with the representative Panel results of the online survey and is not supported by officers.
30. CBD Edge Option 4 involves deferring the CBD Edge for later consideration as part of the Lower Hutt 2040 project, which is intended to continue the rejuvenation of the CBD by updating Making Places and producing a spatial plan with recommendations for land uses and connections. The option is not consistent with the representative Panel results of the online survey but is supported by officers on the basis that the Lower Hutt 2040 project will provide additional information on the relationships between the CBD and the CBD Edge.
31. The Working Group also discussed options for further public consultation and decided that the best way forward is a formal plan change process with an extended (3 month plus) submission period supported by comprehensive public communication. That enables a specific formal proposal to be tested through the submission, hearing and appeal processes with the outcomes determined on the merits of the resource management arguments.
32. The Working Group asked that officers present a proposed plan change document for consideration at the District Plan Committee meeting of 20 September 2017. Subject to recommendation to Council by the Committee, and subsequent Council approval, the proposal would be publicly notified in October 2017 with the submission period ending in February 2018.
33. The Working Group also asked for a comprehensive public communication plan that would include the following approach:
· Communications prepared for all key meetings and notification dates.
· All messaging and Q&A prepared for enquiries from media, members of the public and for responding to social media queries and comments.
· Draft media releases and related key messaging and copy for social media to be used should public debate begin to gather momentum following committee meetings.
· All statements and messaging should be reviewed and amended as required following committee and Council meetings.
· Active media and social media monitoring following meetings and throughout submission period.
· Customer service staff briefed and all calls regarding intensification directed to communications advisor.
· A web page dedicated to the plan change to be designed and content written, ready to go live, well in advance of notification.
Working Group Instructions
34. The Working Group provided the following instructions to officers on the plan change’s overall approach and the extent of the targeted areas.
Requests officers to prepare Proposed Plan Change 43 Residential and Surburban Mixed Use for consideration at the District Plan Committee meeting of 20 September 2017. The plan change approach is confirmed as the approach that was consulted on in the Public Voice online survey of May/June 2017 and is summarised as:
· Intensive residential development requiring resource consent must follow a design guide
· New Suburban Mixed Use zone in targeted areas, with a maximum building height standard of 10 metres
· New Medium Density Residential zone in targeted areas, with a maximum building height standard of 10 metres and height to boundary standard of 2.5 metres vertically at the side and rear boundaries with a 45 degree recession plane
· Comprehensive Residential Development enabled on General Residential sites of 1400m2 or larger
· Enabling infill development provisions including tiny houses
· Targeted area maps amended as attached as Appendix 2 to the report including the following option for the CBD Edge targeted area:
· Option 1 Amend at north end and east of Cornwall St; or
· Option 2 Suggested by Deputy Mayor Bassett; or
· Option 3 Outlying areas of Option 2 also removed; or
· Option 4 Defer CBD Edge for consideration as part of Lower Hutt 2040 project;
Requests that officers provide for a submission period in the plan change process of at least 3 months.
Requests officers to prepare a comprehensive communications plan to accompany the proposed plan change.
35. Council is required by the National Policy Statement on Urban Development Capacity to provide sufficient short, medium and long term capacity for housing growth.
36. A district plan change is able to be advanced within existing budgets.
37. 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 assists in meeting the housing needs of the community. It does this in a way that is cost-effective because it removes regulatory barriers to housing growth, increasing the potential housing capacity of the existing urban environment.
HCC Residential Intensification Survey - June 2017.
Targeted areas - as amended by Residential Intensification Working Group 7 July 2017
Author: Andrew Cumming
Divisional Manager Environmental Policy
Approved By: Kim Kelly
General Manager, Strategic Services
01 July 2017
Report no: DPC2017/3/102
District Plan Update
1. 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
2. At its meeting of 26 April 2017 the Committee considered Proposed Plan Change 49 Copeland St Reserve, which 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.
3. In accordance with the Resource Legislation Amendment Act 2017 the plan change proposal is being formally consulted on with iwi authorities. Should the iwi authorities advise that changes are appropriate, the proposal will be brought before the Committee again.
Proposed Private Plan Change 45 - Mandel Mews
4. Council made its decision on Proposed Private Plan Change 45 Mandel Mews and notified the decision to submitters, who had the opportunity to appeal the decision to the Environment Court. No appeals were received. The proposal was formally approved by Council at its meeting of 29 June 2017. Plan Change 45 Mandel Mews is now fully operative.
Iwi provisions/Sites of Cultural Significance to Iwi
5. Officers are looking to recommence this project in discussion with the Port Nicholson Block Settlement Trust, Wellington City Council and Upper Hutt City Council.
6. 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.
7. Officers are also scoping District Plan changes to appropriately address the risk of natural hazards. Officers are discussing opportunities for collaboration with Porirua City Council and Upper Hutt City Council.
Greenfield Development in Kelson
8. The land at the northern 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 recently changed hands. Officers have engaged with consultants acting for the new owners and are expecting information from them to support a plan change.
9. Once suitable information is available, a plan change proposal will be prepared for the consideration of the Committee.
10. 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)
11. 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 due to the sale of the land to a private developer.
12. Officers have engaged with consultants acting for the new owners and are expecting information from them to support a plan change.
13. Once suitable information is available, a plan change proposal will be prepared for the consideration of the Committee.
Proposed Plan Change 45 - Ecosites, Landscapes and Coastal Natural Character
14. 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.
15. Officers are now preparing GIS maps of the affected areas of Hutt City so that affected landowners can be identified and consulted.
16. Officers are collaborating with Wellington City Council, Upper Hutt City Council, Porirua City Council, Kapiti Coast District Council and Greater Wellington Regional Council to encourage consistency of approach.
Proposed Plan Change 43 - Residential and Suburban Mixed Use
17. Proposed Plan Change 43 is intended to enable residential growth by providing for intensification and greater housing choice within the existing urban environment.
18. A report is provided elsewhere in this agenda.
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 (previously set down for 14 June 2017) was postponed until 11 July 2017.
24. An update will be available at the meeting.
Proposed Plan Change 39 - Transport
25. Proposed Plan Change 39 is a complete review of the Transport Chapter 14A.
26. The proposed plan change was approved by Council on 20 September 2016 and publicly notified on 4 October 2016 for submissions.
27. Twenty four submissions were received. A Summary of Submissions was publicly notified on 17 January 2017 to provide the opportunity for further submissions.
28. Five further submissions were received.
29. 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.
30. A hearing has been scheduled for 28 September 2017.
31. 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.
32. The plan change proposal also needs to be informed by a natural hazards report (which has been commissioned) and a visual assessment.
33. A plan change proposal will be presented to the Committee for consideration in due course.
Riverlink - Hutt River Flood Management
34. 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.
35. 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.
36. Consequential changes to the District Plan may also be required to enable Council’s intentions for the riverbank promenade and associated developments.
National Policy Statement on Urban Development Capacity
37. 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.
38. 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.
39. Council’s obligation to monitor and report on a range of indicators commenced on 1 July 2017. Officers are preparing a web page to present the indicators and link to relevant information such as the NPS and Council implementation projects including residential intensification and greenfield 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. Should the assessment indicate insufficient development capacity Council must provide further development capacity and enable development.
Urban Development, Upper Fitzherbert Road, Wainuiomata
42. Officers have invited Expressions of Interest from selected providers with the skills and experience to prepare a best practice framework for the urban development of Upper Fitzherbert Road, Wainuiomata.
43. Shortlisted respondents will be invited to provide detailed fee proposals.
There are no appendices for this report.
Author: Andrew Cumming
Divisional Manager Environmental Policy
Approved By: Kim Kelly
General Manager, Strategic Services