District Plan Committee



24 November 2017




Order Paper for the meeting to be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,







Wednesday 29 November 2017 commencing at 4.30pm









Cr Bridson (Chair)


Cr Barry

Cr Briggs

Cr Cousins (Deputy Chair)

Cr Lewis

Cr Milne










For the dates and times of Council Meetings please visit







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



Meeting Cycle:

Meets on a six weekly basis, as required or at the requisition of the Chair

Reports to:



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 29 November 2017 commencing at 4.30pm.




Public Business



OPENING FORMALITIES - Karakia Timatanga  (17/1596)

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
Cease the winds from the south
Let the breeze blow over the land
Let the breeze blow over the ocean
Let the red-tipped dawn come with a sharpened air. 
A touch of frost, a promise of a glorious day.


1.       APOLOGIES 


Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.      


4.       Recommendation to Council - 12 December 2017

Proposed Plan Change 48 Waipounamu Drive Kelson (17/1757)

Report No. DPC2017/5/308 by the Senior Environmental Policy Analyst        9

Chair’s Recommendation:

"That the recommendations contained in the report be endorsed.”





5.       Information Item

District Plan Update (17/1748)

Report No. DPC2017/5/152 by the Senior Environmental Policy Analyst     254

Chair’s Recommendation:

"That the recommendation contained in the report be endorsed.”


6.       QUESTIONS

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.



CLOSING FORMALITIES - Karakia Whakamutunga (17/1597)

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!









Susan Haniel

Committee Advisor





District Plan Committee

16 November 2017




File: (17/1757)





Report no: DPC2017/5/308


Proposed Plan Change 48 Waipounamu Drive Kelson


Purpose of Report

1.         To present Draft Proposed Plan Change 48 Waipounamu Drive Kelson to the Committee for consideration and approval.


It is recommended that the 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 48 for consultation;

(iii)       instructs officers to publicly notify Proposed Plan Change 48 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 48 is to rezone a property at 64 Waipounamu Drive Kelson from Hill Residential Activity Area to General Residential Activity Area and General Recreation Activity Area.

3.         The site is adjacent to areas zoned General Residential Activity Area and holds resource consent for the development of the site to a density greater than generally provided for in Hill Residential and consistent with that generally provided for in General Residential.  Rezoning the site would regularise the situation and enable slightly more intensive development than is authorised by the existing subdivision consent. 

4.         The site contains a wetland a little over a hectare in size.  The proposal would provide ongoing protection for the wetland by rezoning it to General Recreation in preparation for vesting in Council as reserve.

5.         The proposal includes site specific policies and rules to address specific environmental constraints associated with the development of the site. These provisions are primarily designed to ensure that stormwater runoff from a future developed site does not adversely affect the ecological integrity of the on-site wetland or the tributaries of Speedy’s Stream beyond the site.


6.         The proposal’s Section 32 Evaluation discusses three options for the site’s zoning:

i.    Retain the status quo;

ii.   Rezone to General Residential;

iii.  Rezone to General Residential plus General Recreation to protect the wetland, including site specific stormwater provisions.

7.         Option 3 is preferred to the two identified alternatives because it provides for appropriate development opportunity with greater environmental safeguards for wetlands and waterways.


8.         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;

·      Greater Wellington Regional Council;

·      Upper Hutt City Council;

·      Porirua City Council;

·      Wellington City Council;

·      South Wairarapa District Council;

·      Wellington Tenths Trust;

·      Te Runanga o Toa Rangatira Inc;

·      Port Nicholson Block Settlement Trust.


9.         No feedback has been received.

10.       Supportive feedback was received from Te Runanga o Toa Rangatira Inc and Port Nicholson Block Settlement Trust in response to earlier, informal consultation.

Legal Considerations

11.       All requirements under the Resource Management Act 1991 (RMA) will be followed

Financial Considerations

12.       There are no financial considerations.

Other Considerations

13.       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 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 48 - Draft Proposed Plan Change incl. Appendices








Author: Corinna Tessendorf

Senior Environmental Policy Analyst







Reviewed By: Andrew Cumming

Divisional Manager District Plan




Approved By: Kim Kelly

General Manager, City Transformation




















































































































































































































































      District Plan Committee

15 November 2017




File: (17/1748)





Report no: DPC2017/5/152


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 50 – 135 Witako Street

2.    Proposed Plan Change 50 - 135 Witako Street seeks to rezone to Community Health Activity Area (Area 1) an area of land that was formerly part of Mitchell Park.

3.    Council formally revoked the reserve status of the piece of land with the intention of selling it to enable “hospital services to be expanded to meet future community health needs” (Council Minute C15505(3) (December 2015).

4.    Proposed Plan Change 50 was publicly notified on 14 November 2017.  Submissions close on Wednesday 13 December 2017 at 5pm.

Proposed Plan Change 49 - Copeland St Reserve

5.    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

6.    The proposal was publicly notified on 29 August 2017.  Six submissions were received. 

7.    The summary of submissions and call for further submissions was publicly notified on 24 October 2017.   No further submissions were received.

8.    Four submitters requested to be heard.  Staff are considering the matters raised in the submissions in discussion with submitters with a view to resolving or narrowing as many issues as possible prior to hearing.

Iwi provisions/Sites of Cultural Significance to Iwi

9.    Discussions on advancing this project are underway with Ngati Toa, Port Nicholson Block Settlement Trust, Wellington City Council, Porirua City Council and Upper Hutt City Council.

Natural Hazards

10.  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.

11.  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.  The first collaboration is updating provisions dealing with earthquake faultlines.  GNS has been engaged and is expected to report back in April 2018.

Greenfield Development in Kelson

12.  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.

13.  Once suitable information is available, a plan change proposal will be prepared for the consideration of the Committee.

14.  Proposed Plan Change 48 Waipounamu Road Kelson seeks to rezone a property from Hill Residential Activity Area to General Residential Activity Area.  A report on the proposal is presented elsewhere in this agenda.


Greenfield Development in Stokes Valley (Shaftesbury Grove)

15.  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.

16.  Officers have engaged with consultants acting for the new owners and are expecting information from them to support a plan change.

17.  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

18.  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.

19.  Officers are now preparing GIS maps of the affected areas of Hutt City so that affected landowners can be identified and consulted.

20.  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.

21.  Officers are also engaging with iwi, in part to ensure the assessment criteria of the Regional Policy Statement, which include mana whenua values, are applied to potential ecosites and landscapes.

Proposed Plan Change 43 - Residential and Suburban Mixed Use

22.  Proposed Plan Change 43 is intended to enable residential growth by providing for intensification and greater housing choice within the existing urban environment.

23.  Proposed Plan Change 43 was approved for notification by Council on 10 October 2017 and publicly notified on 7 November 2017 for four months.  Submissions close on 9 March 2018.

Proposed Plan Change 36 - Notable Trees

24.  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.

25.  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.

26.  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.

27.  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.

28.  The EHEA then appealed the Environment Court decision on scope to the High Court.  The High Court ruled against the EHEA, upholding the Environment Court decision on scope.  The High Court decision indicated that a costs award against EHEA would be appropriate.  A costs settlement with EHEA has been reached.

29.  EHEA has advised it intends to continue its Environment Court action on its remaining live points of appeal and has proposed mediation on those points.  Council has indicated its willingness to participate in mediation but has asked EHEA to provide specific proposed wording to demonstrated how it believes its views could be implemented.  EHEA’s response is being awaited.

Proposed Plan Change 39 - Transport

30.  Proposed Plan Change 39 is a complete review of the Transport Chapter 14A.

31.  A hearing was held on 28 September 2017 with a hearing panel comprising independent commissioner Robert Schofield (Chair), Cr Bridson and Cr Lewis.

32.  The hearing panel’s decision is expected imminently.

Seaview Marina

33.  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.

34.  A natural hazards assessment and a visual assessment have now been received.

35.  A plan change proposal will be presented to the Committee for consideration in due course.

Riverlink - Hutt River Flood Management

36.  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. 

37.  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 District Plan Division.

38.  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

39.  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.

40.  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.

41.  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.

42.  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.

43.  Should the assessment indicate insufficient development capacity Council must provide further development capacity and enable development.

Urban Development, Upper Fitzherbert Road, Wainuiomata

44.  Staff have engaged a consultant to prepare a best practice framework for the urban development of Upper Fitzherbert Road, Wainuiomata.



There are no appendices for this report.    








Author: Corinna Tessendorf

Senior Environmental Policy Analyst







Reviewed By: Andrew Cumming

Divisional Manager District Plan




Approved By: Kim Kelly

General Manager, City Transformation