Agenda of District Plan Review Subcommittee

6 18 May 2021

HUTT CITY COUNCIL

Komiti Iti Arotake Mahere ā-Rohe}District Plan Review Subcommittee

Minutes of a meeting held in the Council Chambers, 2nd Floor, 30 Laings Road,

Lower Hutt on

Tuesday 18 May 2021 commencing at 2.00pm

PRESENT: Cr S Edwards (Chair) Cr K Brown

Cr B Dyer Deputy Mayor T Lewis

Cr N Shaw Ms M Dentice

APOLOGIES: There were no apologies.

NON ATTENDANCE: Mr A Ede

IN ATTENDANCE: Ms H Oram, Director Environment and Sustainability (part meeting)

Mr H Wesney, Head of District Plan Policy

Mr N Geard, Senior Environmental Policy Analyst

Mr J Joseph, Senior Environmental Policy Analyst

Ms C McNab, Environmental Policy Analyst

Mr S Davis, Policy Planner

Mr B Haddrell, Policy Planner

Ms H Clegg, Minute Taker

PUBLIC BUSINESS

1. OPENING FORMALITIES - Karakia Timatanga

Ki a tau ki a tātou katoa

Te atawhai o tō tatou

Ariki o Ihu Karaiti

Me te Aroha o te Atua

Me te whiwhinga tahitanga

Ki te wairua tapu

Ake ake ake

Amine

2. APOLOGIES

There were no apologies.

3. PUBLIC COMMENT

There was no public comment.

4. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations.

5. Minutes

		Resolved: (Cr Edwards/Cr Dyer) Minute No. DPRS 21201 “That the minutes of the meeting of the District Plan Review Subcommittee held on Thursday, 18 February 2021, be confirmed as a true and correct record.”
6.	Urban Form and Development - Intensification Areas (21/649) Report No. DPRS2021/2/107 by the Senior Environmental Policy Analyst
	The Senior Environmental Policy Analyst elaborated on the report. In response to questions from members, the Senior Environmental Policy Analyst advised the National Policy Statement (NPS) did not specify the exact method a District Plan should adopt. He said that Option 3 would provide a higher level of certainty for the community. He explained any maps produced for consultation on Option 3 would be on a city-wide scale. The Head of District Plan Policy advised that officers could provide additional information if individual property owners requested it. In response to questions from members, the Head of District Plan Policy explained that seeking public feedback on walkable distance and densities now would provide clearer policy direction. He added that if officers waited until all the qualifying matters studies had been completed, there would not be enough time for comprehensive public consultation on a possible major change from the existing District Plan rules. He further added that the community’s perception of “walkable” was important as each local authority had to determine what was “walkable” for their area. In response to a question from a member regarding how a ‘Metropolitan Area’ was determined, the Senior Environmental Policy Analyst explained that Petone would qualify as such an area and was identified within the Regional Policy Statement as a sub-regional centre. He acknowledged the heritage qualifying matters of Petone might prevent high densities being permissible. He added that area of study had yet to be completed. The Head of District Plan Policy advised if consultation was undertaken now it would clearly explain that ‘walkable distance’ and the potential for higher density housing would be subject to qualifying matters. The Senior Environmental Policy Analyst confirmed that a qualifying matter could be ‘residential character’ and the term was not defined in the NPS. He noted officers were currently working on a report related to this topic. This report would reported to the subcommittee later in the year. He acknowleged climate change consultation would also occur. The Head of District Plan Policy advised that a blanket exclusion of high density developments for an area was not permissible under the NPS. He said that careful identification of areas to be excluded, the management of these and the adjoining properties was currently being assessed. He confirmed that the NPS required higher density developments to be ‘enabled’ and that accessibility was a factor. He added minimum lot size for each zone would be determined as part of the review of all residential zones. In response to questions raised by members regarding overloading the public with consultation, the Head of District Plan Policy advised that officers were aware there was potential for this to occur. He said information would be released as it became available to lessen any perceived predetermination of matters and to ensure each matter was fully understood. Crs Edwards, Shaw and Deputy Mayor Lewis expressed support for Option 3. Cr Dyer expressed support for Option 2.
	Resolved: (Cr Edwards/Cr Shaw) Minute No. DPRS 21202 “That the Subcommittee endorses the following approach for the next stage of the intensification part of the Urban Form and Development topic: (1) engage with the community and seek feedback on the walkable catchment areas for enabling intensification under Policy 3 of the National Policy Statement on Urban Development (NPS-UD) based on Option 3 – which would include presenting maps of potential intensification areas based on Geographic Information System network analysis of walkable catchments of: (a) the city centre; (b) railway stations on both the Hutt Valley and Melling lines; and (c) a potential Metropolitan centre in Petone; (2) carry out further work to determine ‘accessibility’ and ‘relative demand’ in Lower Hutt for the purposes of Policy 3(d) of the NPS-UD; and (3) carry out further work to determine the “qualifying matters” for excluding areas for intensification required under Policy 3 of the NPS-UD.” Cr Dyer requested that his dissenting vote be recorded on the above matter.

Open Space - Zones, Classification of Sites and Engagement (21/632)

Report No. DPRS2021/2/108 by the Policy Planner

The Policy Planner elaborated on the report.

Resolved: (Cr Edwards/Deputy Mayor Lewis) Minute No. DPRS 21203

“That the Subcommittee:

(1) receives the information in the report;

(2) directs officers to undertake classification of open space sites in accordance with the proposed Option 5, being into the [General] Open Space Zone, the Natural Open Space Zone, the Sport and Active Recreation Zone, and identifying those sites for which further engagement or special treatment is recommended. This classification would be used to prepare the draft District Plan; and

(3) directs officers to engage with stakeholders identified for existing recreation activity area sites identified as having special issues. This engagement would include mana whenua and landowners of sites that are not in public ownership.”

For the reasons that it makes the best use of Council’s existing information about open space areas, it is consistent with existing Council plans, policies, and strategies, and it provides an approach that, when the notified District Plan takes legal effect, will give a greater practical level of certainty to the community about activities in open space areas.

Notable Trees (20/1175)

Report No. DPRS2021/2/109 by the Policy Planner

The Policy Planner elaborated on the report. He advised that paragraph 31 of the officer’s report should read three trees instead of 109 trees. He further advised there was currently no national policy direction regarding trees.

In response to questions from members, the Policy Planner explained minimal costs would be incurred with Option 2. He confirmed that the 2014 Stem Assessment could be reviewed and utilised. He said an arborist would be engaged to undertake any assessments required. He added that Council’s Parks and Recreation business unit had provided a list of trees with special values which were located on public land.

In response to further questions from members, the Policy Planner advised that officers did not regularly receive inquiries regarding trees.

Cr Brown left the meeting at 3.14pm.

The Head of District Plan Policy advised that the current objective in the District Plan was to protect Notable Trees. He said a non-regulatory approach would not achieve that. He confirmed that once a Notable Tree was listed, it would be protected.

In response to questions from a member, the Policy Planner confirmed that a Plan Change process would need to be followed to remove a tree from the Notable Tree list. He noted that under the existing rules, a Notable Tree could be removed if it was causing damage to property, life or was badly diseased. He added that a tiered approach to Notable Trees could be adopted. He was uncertain where the threshold would lie between voluntary and mandatory listing and it could be a complicated procedure.

Cr Brown rejoined the meeting at 3.18pm.

Crs Dyer and Shaw expressed support for Option 2. They supported the introduction of a tiered system of voluntary and mandatory listing of Notable Trees.

Cr Brown and Deputy Mayor Lewis expressed concern with a tiered system. They considered Notable Trees were not a large issue in the City and resources should be directed elsewhere.

The vote was tied 3-3. The Chair used his casting vote per Hutt City Council’s Standing Order 19.3 and the motion was declared carried.

Resolved: (on the casting vote of the Chair) (Cr Edwards/Cr Dyer) Minute No. DPRS 21204

“That the Subcommittee:

(1) considers all options outlined in the report; and

(2) identifies Option 2 as the preferred option for the Notable Tree chapter of the draft District Plan; and

(3) asks officers to investigate and report back on the potential of a tiered system of listing with the most valuable trees with a high Stem score requiring mandatory listing and those with a lesser score requiring voluntary listing.”

For

Cr Dyer

Cr Edwards

Cr Shaw

Against

Cr Brown

Deputy Mayor Lewis

Ms Dentice

Total: 3

9.	Infrastructure (21/44) Report No. DPRS2021/2/110 by the Senior Environmental Policy Analyst
	The Senior Environmental Policy Analyst elaborated on the report. Deputy Mayor Lewis left the meeting at 3.35pm
	Resolved: (Cr Edwards/Cr Brown) Minute No. DPRS 21205 “That the Subcommittee directs officers to proceed with the District Plan Review with regard to infrastructure through Option 2, retaining the existing objectives and policies of the District Plan, and amending the rules and associated standards, with a focus on regional consistency and addressing outcomes of engagement with network utility operators.”
10.	Transport (21/50) Report No. DPRS2021/2/111 by the Senior Environmental Policy Analyst
	Deputy Mayor Lewis rejoined the meeting at 3.37pm. The Senior Environmental Policy Analyst elaborated on the report.
	Resolved: (Cr Brown/Cr Shaw) Minute No. DPRS 21206 “That the Subcommittee directs officers to proceed with the District Plan Review with regard to transport through Option 2, retaining the existing objectives, policies and rules, and amending the permitted activity standards and High Trip Generator thresholds.”

11. QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 3.35 pm.

Cr S Edwards

CHAIR

CONFIRMED as a true and correct record

Dated this 1st day of July 2021

20 01 July 2021

District Plan Review Subcommittee

15 January 2021

File: (21/56)

Report no: DPRS2021/3/133

Contaminated Land

Purpose of Report

1. The purpose of this report is to:

a. Inform the District Plan Review Subcommittee on the contaminated land topic of the District Plan Review,

b. Present two options for the District Plan Review with regard to contaminated land, and

c. Seek direction from the Subcommittee on how the District Plan Review should proceed with regard to contaminated land.

Recommendation

That the Subcommittee directs officers to proceed with the District Plan Review with regard to contaminated land through Option 2, which includes development of new objectives and policies to support implementation of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

Key Points

· The District Plan Review includes a review of the District Plan’s approach on contaminated land.

· Contaminated land is land that has a hazardous substance in or on it that either has, or is reasonably likely to have, significant adverse effects on the environment.

· There are approximately 500 known contaminated sites in Lower Hutt, predominantly in industrial areas with a history of heavy industry.

· In 2012, central government introduced the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (the NES-CS). The NES-CS is a nationally consistent set of planning controls and soil contaminant values that ensure that land affected by contaminants in soil is appropriately identified and assessed before it is developed, and if necessary, the land is remediated or the contaminants contained to make the land safe for human use.

· While the current District Plan includes rules on contaminated land, rules of district plans are not allowed to be more stringent or lenient than the rules of the NES-CS. As a result, the standards of the NES-CS effectively supersede any corresponding rules in the District Plan.

· The current District Plan does not include any objectives or policies on contaminated land.

· Council officers are seeking direction from the Subcommittee on how the District Plan Review should proceed with regard to contaminated land. The recommended approach is that Council continues the existing approach of implementing the NES-CS, but introduces objectives and policies that describe the desired outcomes and approach of the Plan on contaminated land (Option 2).

Background

2. The District Plan Review includes a review of the District Plan approach to managing contaminated land.

3. The approach of the District Plan with regard to contaminated land has not been reviewed since the District Plan first became operative in 2003.

4. This report is the first briefing of the District Plan Review Subcommittee on issues for contaminated land. It includes:

a. Background information on contaminated land in Lower Hutt,

b. The statutory context for contaminated land,

c. The key resource management issues,

d. Two options for the District Plan approach on contaminated land, with an evaluation of these options, and

e. A recommended option, with reasons for the recommendation.

Discussion

What is ‘contaminated land’?

5. Under the Resource Management Act 1991, contaminated land means land that has a hazardous substance in or on it that:

a. Has significant adverse effects on the environment; or

b. Is reasonably likely to have significant adverse effects on the environment.

6. Land can become contaminated when hazardous substances are not used, stored or disposed of in an appropriate way. Contaminated land is often associated with past activities such as the disposal of waste to land and timber treatment.

7. Common types of contaminated land include:

a. Sites associated with heavy industry,

b. Industrial and commercial sites where hazardous substances have been stored,

c. Parks and sports fields that have been sprayed with herbicides and pesticides, and

d. Areas where vehicles and equipment associated with hazardous substances have been stored and/or cleaned.

8. If affected properties are not identified, assessed and, as necessary, contained or cleaned up, contaminated land can pose a risk to human health and the environment.

9. People can be exposed to contaminants through direct contact with contaminated land, swallowing food or water from contaminated environments and breathing vapours or contaminated dust. As well as endangering health, contamination can limit the use of land or cause corrosion that may threaten buildings and property.

State of the Environment

10. As Lower Hutt has a history of heavy industry, there are areas of the city which either have been, and/or are currently being, used by heavy industrial activities that may have resulted in contaminated land.

11. Approximately 500 contaminated sites have been identified in Lower Hutt. The sites are predominantly located in industrial areas of Seaview, Gracefield, Petone and Taita.

12. The number of resource consent applications processed by Council for subdivision, earthworks or a change of use of contaminated sites between 2010 and 2019 are summarised in Table 1.

Table 1: Number of resource consent applications processed by Hutt City Council for subdivision, earthworks or a change of use of contaminated sites, 2010 – 2019.
Number of Applications	2010	2011	2012	2013	2014	2015	2016	2017	2018	2019	TOTAL
Subdivision	2	-	2	6	-	1	1	1	-	-	13
Earthworks	-	-	4	2	3	3	1	3	1	2	19
Change in Use	-	-	3	1	1	-	-	-	-	-	5
TOTAL	2	-	9	9	4	4	2	4	1	2	37

13. The resource consents for earthworks generally involved either removing contaminated soil and/or remediating contamination. The subdivision consents generally related to adjusting the boundary of an existing property or creating new allotments where the land had either been remediated for the future use or the level of contamination was appropriate for the future use.

14. The resource consents for a change of use were where it was shown that a proposed new use was appropriate for the subject land as further investigation confirmed there was either no contamination or contamination did not pose a risk to the future use.

Functions of Hutt City Council, Greater Wellington Regional Council and the Ministry for the Environment

15. Hutt City Council, Greater Wellington Regional Council and the Ministry for the Environment each play key roles in the management of contaminated land.

16. The Ministry for the Environment has compiled a list of activities and industries commonly associated with contaminated land. This list is called the Hazardous Activities and Industries List (the HAIL List).

17. Greater Wellington Regional Council has the function of investigating land for the purposes of identifying and monitoring contaminated land. As part of the identification of contaminated land, the Regional Council uses the HAIL List to identify potentially contaminated land, which it then registers on the Selected Land Use Register.

18. Hutt City Council has the function of the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land. This role is primarily achieved through the work of Council’s Resource Consents Team.

19. Hutt City Council also plays a role in addressing potential contamination of land through the Hutt Valley Trade Wastes Bylaw, controls trade waste discharges to the wastewater network.

Current District Plan approach and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health

20. There are no objectives or policies in the current District Plan that directly address contaminated land, and very few rules. The only rules that address contaminated land relate to subdivision and activities in the Special Business Activity Area (a zone associated with heavy industry) and hazardous facilities.

21. In 2012, central government introduced the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health 2011 (NES-CS).

22. The NES-CS is a nationally consistent set of planning controls and soil contaminant values. It ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed, and if necessary, the land is remediated or the contaminants contained to make the land safe for human use.

23. The NES-CS effectively functions as a set of district plan rules that apply throughout the country. It addresses the following activities:

· Removing a fuel storage system from a piece of land or replacing a fuel storage system,

· Sampling the soil of a piece of land,

· Disturbing the soil of a piece of land,

· Subdividing land, and

· Changing the use of the piece of land.

24. Rules of district plans are not able to be more stringent or lenient than the rules of the NES-CS. As a result, the standards of the NES-CS effectively supersede any rules District Plan rules for these activities.

Statutory and Policy Context

25. The Regional Policy Statement for the Wellington Region (the RPS) includes the following objective and policy on contaminated land:

Objective 30: Soils maintain those desirable physical, chemical and biological characteristics that enable them to retain their ecosystem function and range of uses.

Policy 34: District plans shall include policies and rules that control activities on contaminated land so that those activities are not adversely affected by the contamination.

Key Resource Management Issue

26. The following key resource management issues have been identified for contaminated land:

The subdivision, use, and development of contaminated land can lead to adverse effects on human health without the appropriate remediation or site management.

Options

27. As district plan rules cannot be more lenient or stringent than the regulations of the NES-CS, there are limited options available for the contaminated land topic of the Review.

OPTION 1: Continue the status quo.

28. Option 1 would involve continuing the current District Plan approach on contaminated land. This option would mean continuing to implement the NES-CS but with no objectives and policies.

Benefits

· Less resources/officer’s time involved in the Review for this topic.

Costs

· Less clarity for plan uses on the outcomes sought for contaminated land and how these outcomes will be achieved.

· If there are no objectives on contaminated land in the District Plan, the desired outcomes on contaminated land are not clear. As a result, it would be difficult to monitor the effectiveness and efficiency of the Plan at addressing the potential impacts of contaminated land.

· Without policies in the District Plan, there would be no information to plan users or decision makers on the overall approach of Council on managing the potential impacts of contaminated land.

OPTION 2: Develop objectives and policies on contaminated land.

29. Option 2 would involve continuing the current District Plan approach on contaminated land, but with the addition of objectives and policies that describe the desired outcomes and approach of the Plan on contaminated land.

30. This is the approach of the proposed Porirua District Plan and Kāpiti Coast District Plan, the two district plans in the Wellington region that have been reviewed since central government introduced the NES-CS.

Benefits

· Objectives and policies would provide greater clarity to plan users on the outcomes sought for contaminated land and how these outcomes will be achieved.

· Through objectives, Council can clearly state the desired outcomes for contaminated land. This enables Council to monitor the effectiveness and efficiency of the Plan at addressing the potential impacts of contaminated land.

· Through policies, Council can provide information to plan users and decision makers on the overall approach of Council on managing the potential impacts of contaminated land.

Costs

· Additional resources/officer’s time would be required (although the additional costs will be low).

Recommended Option

31. Option 2 is the recommended option, primarily because it will enable implementation of the NES-CS while also providing clarity to plan users on the outcomes sought for contaminated land and how these outcomes will be achieved.

Climate Change Impact and Considerations

32. The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

33. There are no specific climate change impacts or considerations associated with contaminated land.

Engagement

34. Engagement on the contaminated land topic of the District Plan Review would be through consultation on a draft of the District Plan. However, Council officers will discuss the topic with any party that expresses an interest in the topic, particularly iwi and Greater Wellington Regional Council.

Legal Considerations

35. The legal consideration for this decision is the necessity for Council to meet its legal obligations under the RMA.

Financial Considerations

36. The main costs associated with the District Plan Review with regard to contaminated land would be the costs associated with:

· Engagement, and

· Preparing an evaluation report for a proposed district plan.

37. It is anticipated that the engagement and preparation of evaluation reports would be carried out by Council officers, and that the cost of these pieces of work would be covered by the existing District Plan Review budget.

Appendices

There are no appendices for this report.

Author: Nathan Geard

Senior Environmental Policy Analyst

Reviewed By: Hamish Wesney

Head of District Plan Policy

Approved By: Helen Oram

Director Environment and Sustainability

21 01 July 2021

District Plan Review Subcommittee

20 May 2021

File: (21/795)

Report no: DPRS2021/3/134

Urban Form and Development - Greenfield Development

Purpose of Report

1. Update the District Plan Review Subcommittee (the Subcommittee) on the progress of the greenfield development aspect of the Urban Form and Development topic of the District Plan review.

2. Seek direction from the Subcommittee on how the review should proceed with regard to the greenfield development aspect of the urban form and development topic. The direction sought includes to engage with property owners of potential future development in Kelson and Upper Fitzherbert, Wainuiomata.

Recommendation

That the Subcommittee endorses Option 1 for the next stage of the greenfield part of the Urban Form and Development topic as follows:

(a) undertakes public engagement on potential future urban development in the Upper Fitzherbert, Wainuiomata and Kelson areas. The purpose of this engagement would be to seek community feedback from landowners on their views on potential future development in these areas;

(b) undertakes further investigatory work on future urban development in the Upper Fitzherbert, Kelson and Shaftesbury Grove areas. These further investigations would be to determine potential environmental effects, infrastructure costs, economic feasibility of development and whether infrastructure costs can be recovered;

(c) carries out no further work to actively investigate any other greenfield areas, including the six areas assessed for potential future development. However, Council will remain open to considering specific proposals for greenfield development in these areas if put forward by property owners through the District Plan Review process;

(d) develops provisions to provide high level policy within the district plan to guide assessment of specific greenfield development proposals through future private plan changes; and

(e) refer this issue to the Policy, Finance, and Strategy Committee to obtain a council position on its potential role in developing the Upper Fitzherbert area, and on determining infrastructure costs and potential funding sources.

Background

Subcommittee direction

3. On 11 November 2020, the District Plan Subcommittee received an initial briefing on the Urban Form and Development topic of the District Plan Review.

4. The Subcommittee resolved the following:

· directs officers to undertake the urban form and development component of the District Plan Review through the following approach (Option 1 outlined in the Options section of the report):

i. investigate and engage on how the intensification direction of the NPS-UD can be given effect to through the District Plan review;

ii. investigate and engage on the extent to which further intensification should be enabled in existing urban areas subject to natural hazards.

iii. investigate and engage on how and when greenfield development could be enabled in Upper Fitzherbert and Kelson.

iv. carry out spatial identification of the planned future urban form of Hutt City, and develop provisions for the urban form and development chapter.

· directs officers to undertake a more expansive greenfield option for developing the city with investigations of potential greenfield areas outside of Upper Fitzherbert and Kelson in the Western Hills including the Kilminster Block, Moores Valley and Coast Road (Option 2 outlined in the Options section of the report).

5. This report will focus on the greenfield development aspects of the subcommittee resolution above, specifically the second bullet point. The points relating to intensification were addressed in the report to the 18 May 2020 District Plan Review Subcommittee.

Existing Policy direction

National Policy Statement-Urban Development

6. The NPS-Urban Development (NPS-UD) took effect from 20 August. The NPS-UD recognises the national significance of:

· Having well-functioning urban environments that enable all people and communities to provide for their social, economic, and cultural wellbeing, and for their health and safety, now and into the future.

· Providing sufficient development capacity to meet the different needs of people and communities.

7. Policy 8 of the National Policy Statement on Urban Development requires council to be responsive to plan changes that would add significantly to development capacity, even if the development capacity is unanticipated by RMA planning documents; or out-of-sequence with planned land release.

Wellington Regional Growth Framework

8. The Wellington Regional Growth Framework is a spatial plan that is currently being developed in collaboration between the Wellington region’s councils, central government, and mana whenua. It aims to set a long-term vision for how the region will grow, change and respond to key urban development challenges and opportunities. The Growth Framework identifies Wainuiomata North as a ‘Future Urban Area’, a classification which applies to areas with the potential to provide over 1000 new dwellings.

HCC Urban Growth Strategy 2012

9. The Urban Growth Strategy (UGS) targets a population of at least 110,000 people and at least 6,000 new homes by 2032. The UGS also gives direction regarding on residential greenfield development.

10. For greenfield development, the UGS gives direction on providing development in:

· Upper Fitzherbert area of Wainuiomata

· Upper Kelson area

· Investigations on development feasibility in Shaftesbury Grove, Stokes Valley.

Draft Long Term Plan 2021 - 2031

11. In the Draft Long Term Plan 2021-2031 (Draft LTP), the Infrastructure Strategy states the following in terms of planning for growth for greenfield development.

Investment in water infrastructure to support growth – Development in parts of the city may require more investment in infrastructure; particularly wastewater. Council plans to model the networks and urban development in years 1–2 of the Long Term Plan 2021– 2031 to develop a better understanding of network capability and the impacts of growth. From 2021/22, Wellington Water is planning further investigation on the level of works required to address capacity constraints to growth in Wainuiomata, Petone and Kelson Heights. The investigative work is being carried out on a catchment-by-catchment basis and considered with each community. We expect to be in the position to consult on the outcomes of this work for the Long Term Plan 2024–2034.

12. The Draft LTP includes funding to construct infrastructure (roading and wastewater) in the 2021/22 and 2022/23 years to service the currently residentially zoned land in Wise Street, Wainuiomata. In addition, the Draft LTP includes provision for a new water supply reservoir in Wainuiomata to support growth in Wainuiomata and provide for the existing shortfall in water storage in the Wainuiomata water supply zone.

Discussion

13. There are three main options for zoning of potential greenfield development areas through the district plan review:

· Retain the status quo and rollover the existing rural zoning. Development can still be considered through discrete future plan changes. The downside of this approach is that there is a risk of losing development potential and quality through incremental development under the existing zoning.

· Zone the sites with a ‘live’ urban zoning such as General Residential. In this case the sites will need to be ready to develop straight away, or through a consent process. This zoning implies a commitment to infrastructure and enabling development.

· Apply a Future Urban zoning. This is a placeholder zone that signals that the area will be developed in the future.

14. It is unlikely that any of the areas will have infrastructure available for these greenfield sites to be “development ready” in time for notification of the reviewed district plan. Therefore a key question for the district plan review is whether to retain rural zoning or to use a future urban zoning on potential greenfield sites.

15. Applying a future urban zoning to a site would imply a commitment from council to service these areas with infrastructure in the near future, and that a further rezoning to a live urban zone will occur in due course. To determine whether council can commit to servicing these areas with infrastructure in the future and therefore can apply the future urban zoning through the reviewed district plan, further information is needed on the costs of infrastructure and whether it is feasible to recover these costs through development contributions.

16. Separate plan changes for greenfield development areas can be done in future outside of the district plan review without compromising the overall consistency of the reviewed plan as these are discrete areas. Therefore, not all potential greenfield development areas need to be addressed through the district plan review. However, retaining existing zonings may compromise the potential capacity and quality of future development if incremental low density development can still occur.

17. Below is a summary of the assessment of potential greenfield development areas carried out in response to the direction of the 11 November 2020 District Plan Review Subcommittee meeting. Following this assessment is a summary of the key features of the major greenfield sites identified in the 2012 Urban Growth Strategy as well as any updates relevant to these areas. Finally, conclusions are drawn taking into account the findings of the Assessment of potential greenfield development areas and what is known about the potential future developments areas already identified in the Upper Fitzherbert area and Kelson.

Assessment of potential greenfield development areas

18. Following the resolution of the District Plan Subcommittee on 11 November 2020, the District Plan team carried out a high-level assessment to analyse options for developing the city with investigations of potential greenfield areas (outside of those already identified in Upper Fitzherbert and Kelson) including the Kilmister Block, Moores Valley and Coast Road. Included in appendix 1 to this report is the complete assessment report – below is a summary of the assessment methodology and findings.

19. The assessment was carried out in 4 key steps:

· Step 1: Initial district wide GIS screening.

· Step 2: Definition of study areas.

· Step 3: Site constraint analysis.

· Step 4: Findings/Recommendations.

20. Each of these steps is described in more detail below.

21. For step 1 all rural and rural residential zoned land in the district was selected. Next all land within an identified flood hazard was excluded. Then all significant areas of indigenous biodiversity were excluded – because these areas are a reasonable proxy for steep, undevelopable land; and to protect biodiversity values. Finally, the areas were further refined by:

· Removing any impractically small or inaccessible sites.

· Removing any sites outside the Western Hills or the wider Wainuiomata area (Muritai and Manor Park – both which have other significant constraints).

· Removing anything on Coast Road more than 4 km from existing urban area – due to a combination of inaccessibility, steep topography, and total distance from urban areas.

22. Step 2 involved defining the remaining areas into the following 6 study areas:

· The Kilmister Block

· Normandale/Belmont

· Moores Valley

· Stanley Street, Wainuiomata

· Coast Road North, Wainuiomata

· Coast Road South, Wainuiomata

23. As a part of Step 3 a site visit was carried out to view each of the sites from the road and public areas. The council roading team and Wellington Water also carried out a basic assessment of infrastructure for these study areas. An analysis of the constraints of each study area was carried out using the following criteria:

· Location within the region

· Natural hazard risk

· Natural environment

· Slope/topography

· Water infrastructure

· Transport infrastructure and service

· Access to shops and services

· Compatibility with existing uses

· Any other known constraints

24. The following conclusions were drawn from the assessment:

· All of the study areas have significant limitations.

· There is some potential to develop some smaller sites, which requires a detailed site by site level assessment.

· Property owner intentions are a factor that has not been taken into account in this assessment.

· It is not recommended to prioritise detailed planning work or commit to infrastructure as part of the district plan review but council should be open to considering specific proposals.

Upper Fitzherbert

25. The Upper Fitzherbert area contains over 100 hectares of land, most of which is currently zoned Rural Residential. To the south are some large General Residential zoned sites that are either in the process of being developed into urban sections or remain in rural residential use.

26. During the development of the 2012 Urban Growth Strategy, 60 hectares of land with potential for 1500 dwellings was originally identified for greenfield development in the area. However, following public feedback the strategy proposed to make only 27 hectares of land available for development.

27. The 2018 Wainuiomata North Development Framework investigated a wider area of 136 hectares of land in Upper Fitzherbert currently zoned Rural Residential, Hill Residential and General Residential. The framework set out a concept plan for the area to develop 1,296 - 1,841 new dwellings. It was anticipated that this Framework would form the basis of a future structure plan and plan change to rezone the area for urbanisation. However, since the development framework was completed in 2018 no significant further work has been carried out to progress the development of the Upper Fitzherbert area.

28. The district plan team has received some recent inquiries regarding potential private plan changes for incremental development in the Upper Fitzherbert area. However, advice from Wellington Water has indicated that there is not sufficient infrastructure capacity to enable additional development above what is already provided for in the operative district plan.

29. Further information is needed on the infrastructure constraints in Upper Fitzherbert and the potential costs in order to enable development. Further information is also needed to determine the economic feasibility of recovering infrastructure costs through development contributions. As noted earlier, the Draft LTP includes some provision for these investigations over the next two years.

Upper Kelson

30. The 2012 Urban Growth Strategy identified 40 to 50 hectares of land in the upper Kelson area for future residential development.

31. Proposed District Plan Change 47, which recently became operative, re-zoned 7.1 hectares in Kelson from Rural Residential and Hill Residential to General Residential Activity Area. The plan change also re-zoned 5.5 hectares of land to the General Recreation Activity Area.

32. Following plan change 47 becoming operative there is approximately 10 to 20 hectares of remaining rural residential land in Upper Kelson that could potentially be used for future urban growth.

33. During the course of public engagement on the district plan review a number of property owners in the remaining rural residential areas of upper Kelson area have come forward requesting that their sites be rezoned from rural residential to an urban zoning. Further engagement with property owners is needed to determine the full range of views.

34. In addition, further information is also needed on infrastructure costs, access, potential environmental effects, and the economic feasibility of developing the remaining rural residential areas in Kelson.

Shaftesbury Grove

35. Shaftsbury Grove is a 10.6 hectare undeveloped site currently zoned Hill Residential. It was previously owned by council and was identified in the 2012 Urban Growth Strategy as an area to investigate for feasibility of development.

36. A 2015 concept plan developed in preparation for a potential plan change for the site showed potential for 168 sections. This plan change and development did not proceed and the site was sold into private ownership in 2016.

37. The current owners of the Shaftsbury Grove site have recently indicated that they would like the site to be rezoned to a more intensive urban zoning through the district plan review to enable more intensive development. However, the site has issues with three waters infrastructure particularly relating to water supply. Further work is needed to determine the costs and practicality of developing this infrastructure, and whether those costs can be recovered through development contributions.

Conclusion for greenfield development

38. Based on the results of the Assessment of potential greenfield development areas and the currently available information about the Upper Fitzherbert and Kelson areas, it confirms that the Upper Fitzherbert area remains the most suitable area in Lower Hutt for greenfield growth. To advance future development in this area, work is needed outside of the district plan to determine infrastructure costs and funding, and the economic feasibility of development. There is also a need to determine the potential role that council might take in enabling future development in Upper Fitzherbert.

39. There is potential for further urban development in Kelson. Once plan change 47 is operative there will be approximately 10 to 20 hectares of remaining rural residential land in Kelson that could potentially be used for future urban development. Property owners in this area both support and oppose urban development.

40. There is a need to engage with both property owners and the community in the Upper Fitzherbert and Kelson areas to determine property owner intentions and whether there is an appetite for future urban development.

41. Rezoning the Shaftesbury Grove site in Stokes Valley from Hill Residential to a more intensive zoning such as General Residential could enable more development. The owners of the site support this rezoning, but further information is needed on the costs and viability of constructing the water infrastructure needed to enable this development.

42. It is not recommended to prioritise detailed planning work or commit to infrastructure in any of the other potential development areas outside of Upper Fitzherbert, Kelson and Shaftesbury Grove as part of the district plan review. However, council should be open to considering specific proposals in these areas that may emerge from general engagement on the district plan review.

Options

Option 1

43. The recommended approach for the next stage of the greenfield development part of the Urban Form and Development topic is to:

(a) Undertake public engagement on potential future urban development in the Upper Fitzherbert, Wainuiomata and Kelson areas. The purpose of this engagement would be to seek community feedback from landowners on their views on potential future development in these areas.

(b) Undertake further investigatory work on future urban development in the Upper Fitzherbert, Kelson and Shaftesbury Grove areas. These further investigations would be to determine potential environmental effects, infrastructure costs, economic feasibility of development and whether infrastructure costs can be recovered.

(c) Carry out no further work to actively investigate any other greenfield areas, including the six areas assessed for potential future development. However, Council will remain open to considering specific proposals for greenfield development in these areas if put forward by property owners through the District Plan Review process.

(d) Develop provisions to provide high level policy within the district plan to guide assessment of specific greenfield development proposals through future private plan changes.

(e) Refer this issue to the Policy, Finance, and Strategy Committee to obtain a Council position on its potential role in developing the Upper Fitzherbert area, and on determining infrastructure costs and potential funding sources.

44. This option will enable council to determine its position in relation to the Upper Fiztherbert and Kelson areas and also provide the basis for developing high level policy to guide assessment of specific greenfield development proposals through future private plan changes.

Option 2

45. An alternative approach for the greenfield development part of the Urban Form and Development topic is to:

(f) Do no further work on greenfield development through the district plan review and to leave this issue to separate future plan changes.

(g) Retain the status quo and rollover the existing rural zonings or equivalent in the Upper Fitzherbert and Kelson areas.

(h) Develop provisions to provide high level policy within the district plan to guide assessment of specific greenfield development proposals through future private plan changes.

46. The advantage of this approach is that it still allows for potential greenfield development to be enabled through future plan changes while allowing more time to determine infrastructure issues outside of the district plan review process. It will also enable the urban form and development topic of the district plan review to focus resources on residential intensification.

47. The disadvantage of this approach is that retaining a rural zoning in these areas may compromise future urban development through incremental development. Also delaying forming a council position on its role in future development and provision of infrastructure may make it more difficult to develop provisions to guide assessment of specific greenfield development proposals through future private plan changes.

Climate Change Impact and Considerations

48. The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

49. Intensification and a more compact urban form can reduce greenhouse gas emissions by reducing the overall need for travel, increasing use of public and active transport, reducing car use, and providing more energy efficient housing types. By contrast a greater reliance on greenfield growth is likely to increase overall emissions.

50. In addition, greenfield areas may be susceptible to the impacts of climate change, such as increased frequency and magnitude of flooding. These impacts would be assessed as part of the detailed planning for each greenfield area.

Consultation

51. Given the scale and significance of the greenfield aspect of the Urban Form and Development topic for the District Plan Review, a high level of engagement will be required with key stakeholders, the community and iwi.

52. While the exact dates and forms of this engagement have not been finalised it is anticipated that this engagement will involve:

· Community open days, including open days held in the directly affected suburbs.

· Community surveys through the Bang the Table online consultation tool.

· Ongoing meetings with key stakeholders.

· On request, meetings with specific property owners, groups of property owners, and community or interest groups, and

· Updates on the progress of the District Plan Review through Council’s social media avenues and website, with additional media releases at key stages of the Review.

53. The results of the community engagement will be reported to the subcommittee for direction on selecting a district plan approach to greenfield development.

Legal Considerations

54. Section 79(1)(c) of the Resource Management Act 1991 (RMA) requires local authorities to commence a review of a provision of a district plan if the provision has not been a subject of a review or change in the previous 10 years. Section 79(4) provides scope for local authorities to commence a full review of a district plan. All sections and changes must be reviewed and then the plan be publically notified (79(6)&(7)). Schedule 1 of the RMA sets out requirements for the preparation, change and review of plans.

55. The National Planning Standards set out standards to which every policy or plan must comply. Chapter 7 requires Local Authorities to either amend their plan or notify a proposed plan within 5 years of the planning standards coming into effect (April 2024).

56. Section 8 of the RMA requires all person exercising functions/powers under it to take into account the principles of the Treaty of Waitangi.

Financial Considerations

57. The form of any future greenfield development could have significant implications for infrastructure costs. Further work is required to determine the specifics of these costs.

58. All options presented would be undertaken within the current District Plan Review budget.

Appendices

No.	Title	Page
1 ⇩	Hutt City Council Assessment of Potential Greenfield Devlopment Areas 2021	33

Author: Joseph Jeffries

Senior Environmental Policy Analyst

Reviewed By: Hamish Wesney

Head of District Plan Policy

Approved By: Helen Oram

Director Environment and Sustainability

67 01 July 2021

District Plan Review Subcommittee

02 June 2021

File: (21/53)

Report no: DPRS2021/3/135

Energy

Purpose of Report

1. The purpose of this report is to:

a. Inform the District Plan Review Subcommittee on the energy topic of the District Plan Review, including renewable energy generation and the efficient use of energy,

b. Present a range of options for the District Plan Review, and

c. Seek direction from the Subcommittee on how to proceed with the District Plan Review with regard to renewable energy generation and the efficient use of energy.

Recommendation

That the Subcommittee directs officers to proceed with the District Plan Review with regard to renewable energy generation through Option 1, retaining the existing objectives and policies of the District Plan, and amending the rules and associated standards, with a focus on integration with the structure of the District Plan, particularly new zones and significant sites.

Key Points

· The District Plan Review includes a review of the District Plan’s approach on energy. This topic includes a review of the approach on the efficient use of energy and renewable energy generation.

· The key resource management issues have been identified for energy are:

o While there are local, regional and national benefits from renewable energy generation, there is the potential for renewable energy generation activities and structures to have an adverse effect on the environment.

o Energy use can have an impact on the environment through the emission of greenhouse gases and land use and development associated with energy generation facilities.

· Council officers are seeking direction from the Subcommittee on how the District Plan Review should proceed with regard to renewable energy generation and efficient use of energy.

· While this report provides information on the efficient use of energy, the options in the report mostly relate to renewable energy generation. The efficient use of energy will also be addressed through other parts of the District Plan Review. In particular:

o Urban form and Development,

o Transport, and

o Zones.

· Council is currently engaging with the community on climate change, and it is anticipated that this engagement will result in an Emissions Reduction Plan for Lower Hutt that may include suggestions on how Council could address the efficient use of energy both through the District Plan and through other work of Council.

Efficient use of energy

· Energy efficiency is addressed through a combination of zones that supports a compact urban form, provisions that support active and public transport modes, and design guides that support energy efficient buildings and activities in the Central and Petone Commercial Activity Areas.

· While information is unavailable on the amount of energy used in the district, data on greenhouse gas emissions indicates that the majority of greenhouse gas emissions for Lower Hutt are from transportation, with stationary energy (such as electricity or gas consumption) also making up a significant proportion.

· While the Lower Hutt City Greenhouse Gas Inventory demonstrates that total gross emissions fell by 11% between 2001 and 2019, it is unclear to what extent, if at all, this could be attributed to the provisions of the District Plan.

Renewable energy generation

· Renewable energy generation is addressed in Chapter 14L of the current District Plan. Chapter 14L was added to the District Plan by Plan Change 34, and has been operative since June 2016.

· The general approach of Chapter 14L is to permit smaller scale solar panels and wind turbines, subject to permitted activities standards, while requiring resource consent for larger scale facilities (including community scale and commercial scale activities, such as wind and solar farms). Resource consent is also required for facilities on identified heritage buildings and structures.

· As Chapter 14L has only been in the District Plan since June 2016, it has had limited opportunity to influence the amount of renewable energy generation in the district.

· No resource consents have been applied for renewable energy generations activities or structures since June 2016, although this is partly due to the District Plan providing for some renewable energy generation activities and structures as a permitted activity.

· The main statutory/policy documents with regard to renewable energy generation are:

o The Resource Management Act 1991,

o Resource Management Amendment Act 2020,

o National Policy Statement for Renewable Electricity Generation 2011, and

o Regional Policy Statement for the Wellington Region 2013.

· The recommended option for the District Plan Review with regard to renewable energy generation is that Council retains the existing objectives and policies of the District Plan, and amends the rules and associated standards, with a focus on integration with the new structure of the District Plan, particularly new zones and significant sites (Option 1).

Background

2. The District Plan Review includes a review of the District Plan approach to energy. This energy topic includes a review of:

a. How the District Plan addresses the efficient use of energy, and

b. How the District Plan provides for renewable energy generation.

3. Through this report, officers are seeking direction on the approach the District Plan Review should adopt with regard to renewable energy generation and the efficient use of energy.

4. While this report provides information on the efficient use of energy, the options in the report mostly relate to renewable energy generation. The efficient use of energy will also be addressed through other parts of the District Plan Review. In particular:

· Urban form and Development (which will consider the appropriate urban form for the district, including the benefits of a compact urban form for energy efficiency),

· Transport (which will consider how the District Plan should provide for active and public transport modes), and

· Zones (which will consider how the District Plan should address the design of built development).

5. This report includes:

a. Background information on energy efficiency and renewable energy generation,

b. The current District Plan approach,

c. The statutory context,

d. The key resource management issues,

e. Options for how the District Plan Review could proceed with regard to energy, and

f. A recommended option, with reasons for the recommendation.

Discussion

Current District Plan

Efficient use of energy

6. The District Plan addresses energy efficiency through a combination of:

a. Zones that support a compact urban form,

b. Provisions that support active and public transport modes, and

c. Provisions that promote energy efficient development in some commercial areas.

7. With regard to a compact urban form, while there are no specific objectives, policies or rules in relation to urban form and energy efficiency, the District Plan encourages a more compact urban form by providing for greater development near commercial centres and public transport hubs. This compact urban form minimises the use of energy through less vehicular movements and utilisation of active transport modes.

8. With regard to active and public transport, the Transport chapter of the District Plan includes objectives and policies on a multi-modal transport network and providing for all transport modes in land use, subdivision and development. The Transport chapter also includes permitted activity standards for cycle parking and end-of-trip facilities for places of employment and places of assembly.

9. With regard to promoting energy efficient development, the design guides for developments in the Central Commercial and Petone Commercial Activity Areas make reference to energy efficiency of buildings. The Central Commercial Activity Area chapter of the District Plan also includes objectives and policies for the promotion of energy efficient in buildings and activities.

Renewable energy generation

10. Renewable energy generation is addressed in Chapter 14L of the District Plan (Appendix 1 of this report). Chapter 14L was added to the District Plan by Plan Change 34, and has been operative since June 2016.

11. The chapter includes:

· A single resource management issue on renewable energy generation,

· Two objectives for renewable energy generation,

· Policies on how these objectives will be implemented, and

· Rules and standards on whether a proposed renewable energy generation structure is permitted, and if not, the resource consent pathway for the proposed structure.

12. The resource management issue is:

Balancing conflicts created by the effects of renewable energy generation with its local, regional and national benefits.

13. The objectives and policies address:

· Recognising the benefits of renewable energy generation,

· Enabling small scale renewable energy generation,

· Managing the effects of renewable energy generation facilities on the environment,

· Protecting renewable energy generation from incompatible land use and development,

· Encouraging providers of community and commercial scale renewable energy generation to consult early with the local community, including Māori, on the appropriate placement, location and design of their facilities, and

· Ensuring that the provision and operation of renewable energy generation activities with cross boundary issues are managed in an integrated manner.

14. Under these rules, solar panels and wind turbines, including roof-mounted panels and turbines, are permitted activities, subject to standards on:

· Height,

· Boundary setbacks (including recession planes),

· Heritage,

· Noise, and

· Number of turbines.

15. If the standards are breached, resource consent is required as a restricted discretionary activity.

16. However, resource consent is always required for some renewable energy generation activities or structures that have the potential to have more significant environmental, including:

· Community and commercial scale renewable energy generation activities,

· Land based structures that support in-stream hydro or marine energy generation, and

· Certain activities on sites with identified heritage buildings/structures.

State of the Environment

Efficient use of energy

17. Information is unavailable on the amount of energy used in the district. However, data is available on greenhouse gas emissions in the Lower Hutt City Greenhouse Gas Inventory (from May 2020).

18. Figure 1 shows the proportion of greenhouse gas emissions by sector, and demonstrates that the majority of greenhouse gas emissions for Lower Hutt are from transportation, with stationary energy (such as electricity or gas consumption) also making up a significant proportion.

Figure 1. Lower Hutt City Sources of Greenhouse Gas Emissions (page 9, Lower Hutt City Greenhouse Gas Inventory, May 2020).

Renewable energy generation

19. There is little information on renewable energy generation in Lower Hutt. However, the amount of renewable energy generation is expected to be low as there are no large commercial scale renewable energy generation facilities in the district. In addition, as the District Plan objectives, policies and rules for renewable energy generation have only been in the Plan since June 2016, there is little resource consent or compliance information in relation to these provisions.

20. However, the Energy in New Zealand 2019 report includes information and analysis of the energy supply, demand and prices at a national level. The Renewables section of the report states:

New Zealand achieved its highest recorded renewable share in 2018, hitting 40 per cent of primary energy produced from renewable sources. This places us as the fourth highest renewable primary energy supply in the OECD after Iceland, Norway and Latvia. The average for the OECD was just 10 per cent.

The contribution of renewable sources to total primary energy supply rose to 355 PJ in 2018, up 8 PJ from the previous year. Hydro and geothermal energy were the largest contributors to renewable energy supply. This more than offset falls in primary energy from both wood and wind.

While still a small share of the New Zealand electricity system, residential rooftop solar capacity increased by 29 per cent with an additional 4,067 units (17 MW) installed. As at the end of 2018, there were 21,037 residential connections with solar, with a combined capacity of 75 MW.

Effectiveness and Efficiency of the District Plan

Efficient use of energy

21. The Lower Hutt City Greenhouse Gas Inventory demonstrates that total gross emissions fell by 11% between 2001 and 2019. However, it is unclear to what extent, if at all, this reduction could be attributed to the provisions of the District Plan.

Renewable energy generation

22. As Chapter 14L has only been in the District Plan since June 2016, it has had limited opportunity to influence the amount of renewable energy generation in the district.

23. No resource consents have been applied for since June 2016. However, the District Plan partly provides for renewable energy generation through permitted activity rules. If renewable energy generation is occurring under the permitted activity rules, this would represent a high level of efficiency as the activity would be occurring without incurring any resource consent costs. However, Council does not have records of activities that occur under permitted activity rules (unless a building consent is required).

Statutory and Policy Context

24. Table 1 summarises the key statutory documents for the District Plan Review with regard to energy.

Table 1. Key statutory context for the District Plan Review with regard to energy.

Resource Management Act 1991 (RMA)

The RMA is the piece of legislation that sets requirements for district plans.

The purpose of the RMA is to promote the sustainable management of natural and physical resources.

Section 7 of the RMA specifies matters that Council shall have particular regard to during the District Plan Review. This includes:

· The efficient use and development of natural and physical resources (which includes energy),

· The efficiency of the end use of energy, and

· The benefits to be derived from the use and development of renewable energy.

Resource Management Amendment Act 2020 (RMAA)

The RMAA, which will make a number of amendments to the RMA, will take effect on 31 December 2021.

One of the amendments from the RMAA will be the addition of matters councils need to have regard to when preparing district plans. From 31 December 2021, councils will need to have regard to:

· Any emissions reductions plan made in accordance with section 5ZI of the Climate Change Response Act 2002, and

· Any national adaptation plan made in accordance with section 5ZS of the Climate Change Response Act 2002.

Currently there are no emissions reduction plans or national adaptation plans in place. However, if these plans are created between now and the completion of the District Plan Review, Council will need to have regard to the plans.

National Policy Statement for Renewable Electricity Generation 2011 (NPS-REG)

The NPS-REG sets a national objective and set of policies for renewable electricity generation under the RMA.

The NPS-REG sets the following objective:

To recognise the national significance of renewable electricity generation activities by providing for the development, operation, maintenance and upgrading of new and existing renewable electricity generation activities, such that the proportion of New Zealand’s electricity generated from renewable energy sources increases to a level that meets or exceeds the New Zealand Government’s national target for renewable electricity generation.

The policies of the NPS-REG give direction on:

· Recognising the benefits of renewable electricity generation activities.

· Acknowledging the practical implications of achieving New Zealand’s target for electricity generation from renewable resources (90% by 2025).

· Acknowledging the practical constraints associated with the development, operation, maintenance and upgrading of new and existing renewable electricity generation activities.

· Managing reverse sensitivity effects on renewable electricity generation activities.

· Incorporating provisions for renewable electricity generation activities into regional policy statements and regional and district plans.

· Incorporating provisions for small and community-scale renewable electricity generation activities into regional policy statements and regional and district plans.

· Enabling identification of renewable electricity generation possibilities.

· Timeframe for implementation of the NPS-REG.

Regional Policy Statement for the Wellington Region 2013 (RPS)

The RPS provides an overview of the resource management issues of the region and includes policies and methods to achieve integrated management of the region’s natural and physical resources.

Objective 9 of the RPS is the key objective for energy. It states:

The region’s energy needs are met in ways that:

(a) improve energy efficiency and conservation;

(b) diversify the type and scale of renewable energy development;

(c) maximise the use of renewable energy resources;

(d) reduce dependency on fossil fuels; and

(e) reduce greenhouse gas emissions from transportation.

There are several policies in the RPS that give direction that is relevant for the energy topic of the Review. The policies give direction on:

· Recognising the benefits from renewable energy and regionally significant infrastructure (Policies 7 and 39),

· Promoting travel demand management (Policy 10),

· Promoting energy efficient design and small scale renewable energy generation (Policy 11),

· Maintaining a compact, well designed and sustainable regional form (Policy 55), and

· Integrating land use and transportation (Policy 57).

Resource Management Issues

25. The following resource management issues have been identified:

· While there are local, regional and national benefits from renewable energy generation, there is the potential for renewable energy generation activities and structures to have an adverse effect on the environment.

· Energy use can have an impact on the environment through the emission of greenhouse gases and land use and development associated with energy generation facilities.

Options

26. Through this report, officers are seeking direction on the approach for the District Plan with regard to renewable energy generation.

27. While this report provides information on the efficient use of energy, the options in the report mostly relate to renewable energy generation. The efficient use of energy will also be addressed through other parts of the District Plan Review. In particular:

· Urban form and Development (which will consider the appropriate urban form for the district, including the benefits of a compact urban form for energy efficiency),

· Transport (which will consider how the District Plan should provide for active and public transport modes), and

· Zones (which will consider how the District Plan should address the design of built development).

28. In addition, Council is currently engaging with the community on climate change, and it is anticipated that this engagement will result in an Emissions Reduction Plan for Lower Hutt, that may include suggestions on how Council could address the efficient use of energy both through the District Plan and through other work of Council.

29. The following key considerations have informed the options for renewable energy generation:

· The renewable energy generation chapter of the District Plan (Chapter 14L) was added to the Plan through Plan Change 34, which became operative in June 2016.

· Through Plan Change 34, the current objectives, policies and rules of Chapter 14L were deemed to be appropriate.

· There has been little change to the statutory and policy framework for renewable energy generation since Plan Change 34 became operative. As a result, the current District Plan gives effect to both the NPS-REG and the RPS.

· As Chapter 14L is a relatively recent addition to the District Plan, there is little evidence to demonstrate whether the provisions of the chapter have been effective and efficient, particularly given no resource consent applications have been received that trigger the rules of the chapter.

· Chapter 14L was developed to integrate with the existing structure of the District Plan. The District Plan Review will result in a change to the structure of the District Plan in order to comply with the new requirements of the National Planning Standards. As a result, the Plan’s provisions on renewable energy generation will need to integrate with the new structure, particular with regard to zones and significant sites.

Option 1: Retain the existing objectives and policies of the District Plan, and amend the rules and associated standards with a focus on integration with the new zones and significant sites.

30. Option 1 would involve a relatively small-scale review that focuses on integrating the existing provisions into the new District Plan format, and in particular, how the rules of the plan should address the potential effects of renewable energy generation activities and structures on zones and significant sites. Additionally Option 1 would incorporate any direction from emissions reduction plans from both central government and Hutt City Council.

Benefits

· Council would be able to address the resource management issues that have been identified.

· Council would be able to give effect to the NPS-REG and RPS.

· District Plan Review would require fewer resources, including officer’s time and financial costs, when compared with Options 2.

Costs

· May not be taking full advantage of opportunities to improve the objectives and policies of the Plan.

Option 2: Fully update the objectives, policies and rules of the District Plan.

31. Option 2 would involve a full review of the objectives, polices and rules of the District Plan on renewable energy generation. This option would be appropriate if the Subcommittee seeks to change the objective(s) for energy or the policy direction – for example, to be more enabling or restrictive on renewable energy generation.

32. Option 2 would also incorporate any direction from emissions reduction plans from both central government and Hutt City Council.

33. If the Subcommittee chooses this option, officers would require direction from the Subcommittee on the objectives and policy direction to be evaluated.

Benefits

· Council would be able to address the resource management issues that have been identified.

· Council would be able to give effect to the NPS-REG and RPS.

· Retains the opportunity to improve the objectives and policies of the Plan.

Costs

· District Plan Review would require greater resources, including officer’s time and financial costs, when compared with Option 1.

Recommended Options

34. Option 1 is the recommended option based on the scale and significance of the issues identified for this topic, which have not changed significantly since this topic was reviewed 5 years ago.

35. Option 2 would also be an appropriate approach, and would enable Council to identify opportunities to improve the objectives and policies of the Plan. However, given the existing renewable energy generation chapter of the District Plan is relatively new, it is unlikely that there are significant changes to be made to the objectives and policies unless Council sought to change the policy direction.

Climate Change Impact and Considerations

36. The matters addressed in this report have been considered in accordance with the process set out in Council’s Climate Change Considerations Guide.

37. The energy topic of the District Plan Review is particularly relevant for climate change. An increase in the amount of renewable energy generation in the district and more efficient use of energy would both contribute to a reduction in greenhouse gas emissions.

Engagement

38. Regardless of the option chosen by the Subcommittee, this part of the District Plan Review will involve engagement with stakeholders, the community and iwi.

39. This engagement will include discussions with stakeholders, the community and iwi on the aspects of the District Plan that can contribute to more efficient use of energy, including its role in contributing to a more compact urban form, promotion of active and public transport modes and energy efficient design.

40. Engagement by Council for other purposes would also be used to inform this topic, such as the Council’s climate change work programme.

Legal Considerations

41. The legal consideration for this decision is the necessity for Council to meet its legal obligations under the RMA.

Financial Considerations

42. The main costs associated with the District Plan Review with regard to energy would be the costs associated with:

· Engagement,

· Assessing the benefits and costs associated with different methods on the efficient use of energy, and

· Preparing an evaluation report for a proposed district plan.

43. At this stage, it is anticipated that the engagement and preparation of evaluation reports would be carried out by Council officers, and that the cost of these pieces of work would be covered by the existing District Plan Review budget.

Appendices

No.	Title	Page
1 ⇩	Chapter 14L: Renewable Energy Generation	81

Author: Nathan Geard

Senior Environmental Policy Analyst

Reviewed By: Hamish Wesney

Head of District Plan Policy

Approved By: Helen Oram

Director Environment and Sustainability

Cr S Edwards (Chair)

Cr K Brown	Cr B Dyer
Deputy Mayor T Lewis (Deputy Chair)	Cr N Shaw
Maiora Dentice (endorsed by Te Rūnanganui o Te Ati Awa)
Ashley Ede (endorsed by both the Wellington Tenths Trust and the Palmerston North Māori Reserves Trust)