HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

 

 

 

 KOMITI ITI AROTAKE MAHERE Ā-ROHE

District Plan Review Subcommittee

 

 

28 October 2021

 

 

 

Order Paper for the meeting to be held in the

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

on:

 

 

 

Thursday 4 November 2021 commencing at 1.00pm

The meeting will be held under Alert Level 2.

 

 

Membership

 

 

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)

 

 

 

 

For the dates and times of Council Meetings please visit www.huttcity.govt.nz

 

Have your say

You can speak under public comment to items on the agenda to the Mayor and Councillors at this meeting. Please let us know by noon the working day before the meeting. You can do this by emailing DemocraticServicesTeam@huttcity.govt.nz or calling the Democratic Services Team on 04 570 6666 | 0800 HUTT CITY


HuttCity_TeAwaKairangi_SCREEN_MEDRES

DISTRICT PLAN REVIEW SUBCOMMITTEE

 

Membership:                   Chair of Policy, Finance and Strategy Committee

                                     4 other councillors

                                                 Up to 2 representatives appointed by Iwi

 

NOTE:

Elected members should hold current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers.

The Chair should in addition hold Chair certification.

Standing Orders 30 and 31 outlining provisions for Tangata Whenua and Taura Here do not apply to this Subcommittee, and Iwi appointees will have full voting rights as members of the Subcommittee under Standing Orders.

 

Meeting Cycle:               As required

Quorum:                      4

                                        

Reports to:                         Policy, Finance and Strategy Committee

 

PURPOSE:

To make recommendations to the Policy, Finance and Strategy Committee, for recommendation to Council on the matters to be addressed in the full review of the District Plan and development of a Proposed District Plan.

Provide:

Direction to Council officers on all matters relating to the drafting of content for the review of the District Plan. This includes but is not limited to:

·         scoping and investigation of the issues

·         engagement on possible content

·         development of discussion documents and other draft documents for consultation

·         development of a Draft District Plan for consultation

·         development of a Proposed District Plan for statutory consultation.

General:

Any other matters delegated to the Subcommittee by Council in accordance with approved policies and bylaws.

    


HUTT CITY COUNCIL

 

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

 

Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on Thursday 4 November 2021 commencing at 1.00pm.

 

ORDER PAPER

 

Public Business

 

1.       OPENING FORMALITIES - KARAKIA (21/1636)

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

3.       PUBLIC COMMENT

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.       CONFLICT OF INTEREST DECLARATIONS

          Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.   

5.       Minutes

Meeting minutes District Plan Review Subcommittee 1 July 2021                          5

6.       Tertiary Education Zone - Draft Chapter (21/1552)

Report No. DPRS2021/5/235 by the Policy Planner                                              12

Chair’s Recommendation:

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

 

 

7.       Hospital Zone - Draft Chapter (21/1656)

Report No. DPRS2021/5/240 by the Senior Environmental Policy Analyst         44

Chair’s Recommendation:

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

 

8.       Infrastructure - Draft Chapter (21/1640)

Report No. DPRS2021/5/239 by the Senior Environmental Policy Analyst         59

          Chair’s Recommendation:

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

 

9.       Transport - Draft Chapter (21/1620)

Report No. DPRS2021/5/238 by the Senior Environmental Policy Analyst       118

Chair’s Recommendation:

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

 

10.     Renewable Electricity Generation - Draft Chapter (21/1591)

Report No. DPRS2021/5/236 by the Senior Environmental Policy Analyst       142

Chair’s Recommendation:

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

 

11.     Hazardous Substances and Contaminated Land - Draft Chapter (21/1592)

Report No. DPRS2021/5/237 by the Senior Environmental Policy Analyst       157  

Chair’s Recommendation:

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

 

12.     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.

 

Annie Doornebosch

Democracy Advisor

Democratic Services


1

 

 

 








                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

29 September 2021

 

 

 

File: (21/1552)

 

 

 

 

Report no: DPRS2021/5/235

 

Tertiary Education Zone - Draft Chapter

 

Purpose of Report

1.    To present and receive feedback on the draft Tertiary Education Zone Chapter and draft provisions for tertiary education facilities outside of the Tertiary Education Zone.

Recommendations

That the Subcommittee:

(1)   notes and receives the draft Tertiary Education chapter, draft Precinct and the information contained in the report; and

(2)   directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Key points

2.    The following tertiary education facilities have been considered as part of this review:

a.   Wellington Institute of Technology (WelTec) campus in Petone;

b.   Open Polytechnic of New Zealand (Open Polytechnic) campus in Waterloo;

c.   Te Wānanga O Aotearoa site in Waiwhetu; and

d.   The Learning Connexion – School of Creativity and Art campus in Taita.

3.    A new Tertiary Education Zone is recommended for the WelTec campus, except for their Western Hutt Road and Udy Street sites. The zone will specifically provide for and enable tertiary education activities and the efficient and effective use and development of these sites for tertiary education purposes. Many provisions will roll over from those that are provided for in the existing tertiary education precinct applying to the WelTec campus.

4.    Built development standards for the Tertiary Education Zone have not yet been developed as these will be informed by the Commercial and Residential Design study which is to be finalised. Built development standards will be formulated to ensure the scale of built development is compatible with surrounding land uses.

5.    A new precinct is recommended for the Open Polytechnic site to provide for tertiary education activities at the site. The precinct would be placed within the underlying residential zone. The built development standards have also not yet been developed and will be informed by the above referred to study.

6.    A new specific control/ precinct is recommended for the Learning Connexion site to provide for tertiary education activities on the site. The site specific provision will modify the underlying zone to enable tertiary education activities to occur without resource consent on the site. Built development will be controlled through the underlying zone provisions. 

7.    The underlying zone (likely General Industrial) is recommended to be retained for the Te Wānanga O Aotearoa site and WelTec’s sites on Western Hutt Road (likely General Industrial) and Udy Street (likely Residential). The Te Wānanga O Aotearoa site and Western Hutt Road sites are commercial and industrial in nature and there are limited benefits to applying the Tertiary Education Zone or a site specific provision. The Udy Street site is no longer required to provide car parking for students and staff at WelTec and therefore the underlying zone would be most appropriate for this site.

8.    Officers will continue to engage with tertiary education providers following direction provided by the Subcommittee. The outcome of the engagement will be presented to the Subcommittee and additional recommendations will be made if necessary. 

Previous direction

9.    The District Plan Subcommittee provided the following direction to officers at the 18 February 2021 Subcommittee meeting:

Directs officers to undertake the tertiary education topic of the District Plan Review through the following approach:

a.   carry out engagement with key stakeholders;

b.   review all existing provisions of the tertiary education precinct in the operative district plan;

c.    review all other district plan provisions that apply to sites with significant tertiary education facilities in Lower Hutt;

d.   develop high level options for the tertiary education topic that address the key issues identified in this report; and 

e.    develop district plan provisions for the tertiary education topic that give effect to the selected high level option.

Background

10.  Lower Hutt’s tertiary education facilities are regionally significant and contribute to the social and economic wellbeing of the city.

11.  The District Plan has the capacity to recognise the regional significance and have special provisions to provide for the continued use and development of the facilities.

12.  The following are tertiary education facilities that have been considered as part of this review:

a.   Wellington Institute of Technology (WelTec) campus in Petone;

b.   Open Polytechnic of New Zealand (Open Polytechnic) campus in Waterloo;

c.   Te Wānanga O Aotearoa site in Waiwhetu; and

d.   The Learning Connexion – School of Creativity and Art campus in Taita.

13.  Maps showing locations and current District Plan activity areas (zones) of these sites are included in Appendix 1 attached to the report.

Statutory Requirements

National Planning Standards

14.  The National Planning Standards set out a standard set of zones that may be used in a district plan. One of the zones provided by the planning standards is the Tertiary Education Zone, which is defined as “areas used predominantly for the operation and development of tertiary education facilities and associated activities”. 

15.  Additionally the planning standards set out a number of spatial layers that can be used to modify the provisions of the underlying zone in specific areas. These include precincts, and specific controls.

16.  Tertiary Education facilities could be provided for in the District Plan either through the Tertiary education zone, or through using a precinct or specific controls to modify any other underlying zone.

Consultation to date

17.  Officers have engaged with the Head of Properties and Facilities at the Weltec campus in Petone. WelTec has no issues with the current provisions in the existing Tertiary Education Precinct. However, they asked that development and building standards align with those of the neighbouring residential sites.

18.  Officers have engaged with the Facilities Manager at the Open Polytechnic. The Open Polytechnic have plans to further use and develop the site in the future to enable growth of the facility and services it provides.

19.  Further engagement is needed with the Learning Connexion and Te Wānanga O Aotearoa to discuss the District Plan Review.

Current approach for tertiary education facilities

Weltec

20.  The current District Plan provides for the use and future development of the the WelTec campus through the Tertiary Education Precinct which was introduced to the District Plan via Plan Change 25. The precinct sets out site specific provisions which modify the underlying residential and business zonings to specifically enable tertiary education activities.

21.  WelTec also has a separate site at Western Hutt Road outside the Tertiary Education Precinct that is zoned General Business.

22.  Plan Change 25 also introduced a number of parking provisions that applied to the Tertiary Education Precinct area through the Transport Chapter of the District Plan. These provisions were fully reviewed by Plan Change 39 Transport which became operative in 2018.

Open Polytechnic of New Zealand

23.  The Open Polytechnic of New Zealand has a campus in Waterloo. The operative District Plan does not have specific provisions which apply to this site. The site is currently zoned General Residential Activity Area. 

Te Wānanga O Aotearoa

24.  Te Wānanga O Aotearoa campus in located in Waiwhetu and was established by resource consent granted in 2015. There are no site specific provisions for this site in the operative District Plan. The site is currently in the General Business Activity Area.

The Learning Connexion – school of creativity and art

25.  The Learning Connexion campus was established through a resource consent granted in 2008. No special provisions are set out for this site. The site is currently zoned General Business Activity Area.

Options for all tertiary education facilities

26.  There are a number of options available to provide for use and development tertiary education facilities in the draft District Plan.

27.  The following are three reasonably practical options available under the District Plan:

a)   Use of the Tertiary Education Zone.

b)   Use of a precinct or specific control.

c)   Reliance on the underlying zone.

28.  There are also options to control activities and development, within the Tertiary Education Zone, precincts and through specific controls.

29.  The costs and benefits for the options are broadly described in Appendix 2 attached to the report and recommendations on the most appropriate option for each site is provided below.

Tertiary Education Zone for the WelTec

30.  It is recommended that a Tertiary Education Zone is used for the WelTec campus. The spatial extent of this zoning would apply to all land and facilities except the WelTec site on Western Hutt Road and the Udy Street site.

31.  The activities provided for in the new Tertiary Education Zone mirror those provided for in the existing tertiary education precinct. These enable primary tertiary education activities and require consent for ancillary activities.

32.  The built development standards have not yet been developed but it is recommended that these standards align with the standards of the surrounding zones, which is likely to be High Density Residential.

33.  The draft Tertiary Education Chapter is provided in Appendix 3 attached to the report.

Precinct for the Open Polytechnic Campus

34.  A new precinct is recommended to specifically provide for tertiary education activities at the Open Polytechnic campus.

35.  It has been indicated through initial discussions with the Open Polytechnic that future development of the site may result in further use and development of the site for tertiary education purposes and the potential change in the form and scale of the site. A Tertiary Education Zone would not allow the flexibility to efficiently develop the site.

36.  A precinct within the underlying zone will enable future development of the site for tertiary education purposes whereas retention of the General Residential Zone will not effectively and efficiently provide for tertiary education activities.

37.  Development standards will be formulated and presented to the Subcommittee following the completion of the Residential and Commercial Design Study. It will likely be recommended that the level of development provided for is compatible with the surrounding land uses (likely to be Low Density Residential).

38.  The draft Open Polytechnic Precinct is provided in Appendix 3 attached to the report.

 

 

Precinct for the Learning Connexion site

39.  A precinct to provide for Tertiary Education activities is recommended for the Learning Connexion site.

40.  While the Learning Connexion campus is a reasonably large site, it has been determined that a Tertiary Education Zone is not appropriate.

41.  The Tertiary Education Zone would recognise and provide for the existing use and future use and development for education purposes. However, if this activity was to cease (for whatever reason), the Tertiary Education Zone would limit other land use options for this land. Given the scale and nature of the buildings on this site, it could be readily converted or redeveloped for other non-tertiary education uses.

42.  A precinct will effectively and efficiently provide of the future development and ongoing use of the site for tertiary education activities.

Use of underlying zone for Te Wānanga O Aotearoa site

43.  It is recommended that the underlying (General Business/Industrial) zone is used for the Te Wānanga O Aotearoa site.

44.  The Te Wānanga O Aotearoa site appears to be located in a single converted administration or industrial building and is relatively small scale compared to the other sites.

45.  Given the commercial and industrial nature and small scale of the site, there are limited benefits in applying the Tertiary Education Zone or a site specific provision.

46.  Retaining the General Business zoning of this site would continue to provide for the existing education use of this site, and any future change in use if the Wānanga no longer operated from this site.

Use of underlying zone for Weltec – Western Hutt Road and Udy Street

47.  It is recommended that the underlying zone for the Western Hutt Road be retained. As with the Te Wānanga O Aotearoa site, the Western Hutt Road site is commercial and industrial in nature and while tertiary education activities operate at the site, there is limited benefit to applying the Tertiary Education Zone and the activity can be provided for through the underlying zone. The Udy Street site is no longer required to provide car parking for students and staff at WelTec and therefore the underlying zone would be most appropriate for this site.

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.  It is likely that the tertiary education facilities discussed in this report will be affected by a changing climate, particularly in relation to the intensity and likelihood of natural hazard events.

The risk to people and property associated with natural hazard events will be addressed through the Natural Hazards chapter of the draft District Plan.

50.  Additionally, if adopted, the water sensitive urban design and stormwater neutrality provisions will likely mitigate part of the risk of surface water flooding to these sites and the surrounding area.

Consultation

51.  Officers have recently engaged with WelTec and Open Polytechnic, and efforts are being made to engage with the Learning Connexion and Te Wananga to discuss future development plans and issues, if any, with the District Plan.

52.  Officers will continue to engage with tertiary education providers following direction provided by the Subcommittee. The outcome of the engagement will be presented to the Subcommittee and additional recommendations will be made, if necessary. 

Legal Considerations

53.  While there are no specific legal considerations associated with this report, ultimately the key legal consideration for the review of the District Plan is the need for Council to meet its legal obligations under the Resource Management Act (RMA).

Financial Considerations

54.  There are no specific financial considerations that relate to the review of the District Plan for tertiary education facilities.

Appendices

No.

Title

Page

1

Locations and Current Activity Area of Tertiary Education Facilities

19

2

Benefits and costs for different approaches

31

3

Draft Tertiary Education Zone chapter and Open Polytechnic Precinct

33

    

 

 

 

 

Author: Benjamin Haddrell

Policy Planner

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Locations and Current Activity Area of Tertiary Education Facilities

 













Attachment 2

Benefits and costs for different approaches

 



Attachment 3

Draft Tertiary Education Zone chapter and Open Polytechnic Precinct

 












                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

12 October 2021

 

 

 

File: (21/1656)

 

 

 

 

Report no: DPRS2021/5/240

 

Hospital Zone - Draft Chapter

 

Purpose of Report

1.    The purpose of this report is to introduce the draft Hospital Zone Chapter that has been prepared for the draft District Plan, and to receive initial feedback from the Subcommittee on the draft.

Recommendations

That the Subcommittee:

(1)         notes and receives the draft Hospital Zone chapter and information   contained in the report; and

(2)         directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Background

2.   In 2019, the Government introduced the National Planning Standards. The purpose of the National Planning Standards is to improve consistency in council plans and policy statements.

3.   The National Planning Standards set the format and structure that all future district plans, regional plans and regional policy statements must follow. This includes a list of the zones that may be included in a district plan.

4.   One of the zones that the National Planning Standards provides for is a Hospital Zone, which is described in the Standards as:

Areas used predominantly for the operation and development of locally or regionally important medical, surgical or psychiatric care facilities, as well as health care services and facilities, administrative and commercial activities associated with these facilities.

5.   The current District Plan includes the Community Health Activity Area, which meets this description. It is a zone that applies to connected properties in Boulcott, and specifically provides for the Hutt Hospital and Hutt Valley Health Hub.

6.    At its 18 February 2021 meeting, the Subcommittee gave the following direction to officers with regard to the Hospital Zone chapter:

·    Review the existing objectives, policies and rules, with a focus on the balance between:

The types and scale of land use development that is provided for within the Hospital Zone; and

The effects of land use and development on the surrounding area.

·    Investigate whether the site of the Boulcott Hospital should be included in the Hospital Zone.

7.    Officers have now prepared an initial draft Hospital Zone chapter, attached as Appendix 1 to the report.

Discussion

Location of the Hospital Zone

8.    A key part of the Hospital Zone component of the District Plan Review is determining the appropriate location for the Hospital Zone. Appendix 2 attached to report includes a map that shows the likely location of the Hospital Zone for the draft District Plan. This map identifies the sites of the Hutt Hospital, Boulcott Hospital and Hutt Valley Health Hub as the location for the Hospital Zone.

9.    Officers have identified this area as the likely location for the Hospital Zone for the following reasons:

·    The three healthcare facilities in this area are large-scale facilities on adjoining sites.

·    Under the current District Plan, the Hutt Hospital and Hutt Valley Health Hub sites are both within the Community Health Activity Area, which is similar to the Hospital Zone.

·    Representatives for Boulcott Hospital (which has a residential zone under the current District Plan) have indicated that they think that a Hospital Zone is appropriate for the site.

·    While there are other healthcare facilities in the district, there are no other locations in the district with healthcare facilities of a similar overall scale to those found in the area that has been identified. On this basis, a commercial or mixed use zone would be more appropriate for these other healthcare facilities (ongoing use and development of healthcare facilities is typically permitted within commercial and mixed use zones, albeit with different controls on bulk, location and design of built development).

Summary of the draft chapter

10.  The approach of the draft Hospital Zone chapter with regard to activities is as follows:

·    Hospitals and other healthcare facilities are permitted.

·    Ancillary activities for hospitals are permitted where they are included in the definition of a hospital.

·    Other activities would require resource consent either as a discretionary or non-complying activity. The key considerations through the resource consent process would be the compatibility of the activity with the hospital/healthcare facilities within the zone and potential impacts on the surrounding residential area and public space.

11.  With regard to built development, a residential and commercial design assessment is being undertaken as part of the District Plan Review. The purpose of the Study is to inform the appropriate design of built development in residential and commercial areas.

12.  As the Hospital Zone would mostly adjoin residential and commercial zones, it is appropriate for controls on built development in the Hospital Zone to respond to the level of development that is enabled in the adjoining residential and commercial areas. For example, if an adjoining residential zone enables six-storey buildings, it may be appropriate to also enable six-storey buildings within the Hospital Zone.

13.  As a result, the draft chapter currently includes a placeholder for standards on built development, which will be replaced on the completion of the residential and commercial design assessment. However, officers will be investigating a range of standards for the zone, including standards on:

·    Building heights,

·    Boundary setbacks, including height in relation to boundary setbacks,

·    Building coverage,

·    Requirements for screening of servicing areas,

·    Requirements for fences and walls, and

·    Requirements for landscaping.

 

 

 

Differences from the operative District Plan

14.  The draft Hospital Zone chapter includes the following notable changes from the current District Plan:

·    Under the current District Plan, dwellings, care facilities, home businesses and childcare and kohanga reo facilities are permitted. Under the draft Hospital Zone chapter, these activities would require resource consent as a discretionary activity unless they are ancillary to a hospital (in which case they would be included in the definition of a hospital, and would be permitted).

·    The current District Plan includes specific standards on the impacts of light spill, glare and vibration. However, these impacts will be addressed through district-wide chapters.

·    The current District Plan includes specific standards on impacts of dust and odour on adjoining sites. However, as management of discharges of dust and odour is a function of Greater Wellington Regional Council, these standards have not been included in the draft Hospital chapter.

Climate Change Impact and Considerations

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

16.  It is likely that the hospital facilities discussed in this report will be affected by a changing climate, particularly in relation to the intensity and likelihood of flood events. The risk to people and property associated with flood events will be addressed through the Natural Hazards chapter of the draft District Plan.

17.  Additionally, if adopted, the water sensitive urban design and stormwater neutrality provisions will likely mitigate part of the risk of surface water flooding to these sites and the surrounding area.

Consultation

18. Officers have engaged with Hutt Hospital and Boulcott Hospital to understand their current and future plans for these sites. The draft chapter would provide for these plans based on our current understanding of these plans. 

19.  Once the draft District Plan has been completed, Council officer’s will use the draft as an engagement tool, and engage with iwi, the community and other stakeholders on what has been included in the draft. This engagement will take place in early 2022.

Legal Considerations

20.  While there are no legal considerations associated with this report, the key legal consideration for the review of the District Plan is the necessity for Council to meet its legal obligations under the Resource Management Act (RMA).

Financial Considerations

21.  There are no financial considerations associated with the content of this report.

Appendices

No.

Title

Page

1

Hospital Zone chapter - DRAFT

49

2

Draft location of Hospital Zone

57

    

 

 

 

 

 

Author: Nathan Geard

Senior Environmental Policy Analyst

 

 

 

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Hospital Zone chapter - DRAFT

 









Attachment 2

Draft location of Hospital Zone

 



                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

11 October 2021

 

 

 

File: (21/1640)

 

 

 

 

Report no: DPRS2021/5/239

 

Infrastructure - Draft Chapter

 

Purpose of Report

1.    The purpose of this report is to present the draft Infrastructure chapter that has been prepared for the draft District Plan and to receive initial feedback from the Subcommittee on the draft.

Recommendations

That the Subcommittee:

(1)        notes and receives the draft Infrastructure chapter and information contained in this report; and

 

(2)        directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Background

2.    At its 18 May 2021 meeting, the Subcommittee directed officers to proceed with the District Plan Review with regard to infrastructure by retaining the objectives and policies of the current District Plan, and amending the rules and associated standards, with a focus on regional consistency and addressing outcomes of engagement with network utility operators.

3.    Hannah van Haren-Giles of Hill Young Cooper (a consultancy with resource management experts) has been engaged to assist with the Infrastructure component of the District Plan Review. Ms van Haren-Giles has prepared the draft Infrastructure chapter (attached as Appendix 1 to the report) and provided the information for the discussion below.

 

 

Discussion

Summary of the draft chapter

4.    While the District Plan currently includes a Network Utilities chapter, which specifically addresses the infrastructure activities of network utility operators, the draft District Plan will include an Infrastructure chapter, which will need to address infrastructure more broadly. As a result, the preparation of this chapter has also focused on broadening the scope to ensure it fully covers infrastructure.

5.    A key focus, as per the direction of the Subcommittee in May, has been to update and amend the rules and standards with a focus on regional consistency. In particular, the proposed Porirua District Plan (notified in August 2020) has been used as a basis for reviewing and updating the Network Utilities/Infrastructure chapter of the City of Lower Hutt District Plan. 

6.    At this stage, the standards of the draft Infrastructure chapter effectively replicate the standards of the proposed Porirua District Plan, on the basis that this achieves regional consistency and ensures the chapter meets the requirements of the National Planning Standards. That said, for the most part the standards of the proposed Porirua District Plan are very similar to those of the operative City of Lower Hutt District Plan.

7.    For the most part, the rules of the operative City of Lower Hutt District Plan have been carried over into the draft Infrastructure chapter with a minor update. Again, the rules of the proposed Porirua District Plan are very similar. However the rules of the proposed Porirua District Plan go into much more detail in terms of different rules for activities in relation to certain overlays. At this stage in the drafting process, these rules for infrastructure activities in certain overlays have not been drafted. However, they may be added at a later date as the parts of the District Plan Review that relate to these overlays progress.

8.    While the previous direction from the Subcommittee was for the objectives and policies of the current District Plan to be retained, they have been revised, updated and rationalised for efficiency and effectiveness and to ensure the draft complies with the National Planning Standards. The objectives and policies have also been reviewed in terms of regional consistency - primarily with the proposed Porirua District Plan and draft Wellington District Plan (which is currently in development). While the objectives and policies have been re-worded, the general intent and policy direction is the same.

Differences from the operative District Plan

9.    The key differences from the operative District Plan have been a result of ensuring that the chapter is more consistent with other recently reviewed district plans in the Wellington region, particularly the proposed Porirua District Plan. This has resulted in a number of changes to the rules and associated standards of the operative District Plan.

10.  Key changes to the rules and standards include:

·    A change to the earthworks standard (INF-S14) to be regionally consistent and align with the approach of the draft Earthworks chapter.

·    Removal of the noise standard, as noise is more appropriately addressed in the Noise chapter.

·    A new rule enabling temporary infrastructure. In particular, this new rule would enable temporary above ground lines for a 12 month period, where the current District Plan restricts these to 6 months.

·    An increase in the standard for maximum mast heights in some zones, including:

The City Centre Zone (from 20m to 35m if the mast is for a single provider, and 25m to 40m if the mast is for multiple providers), and

The Rural and Future Urban Zones (from 15m to 25m if the mast is for a single provider, and 25m to 30m if the mast is for multiple providers).

11.  In addition, the definitions from the operative District Plan have been updated, the key change being a shift away from ‘network utility’ definitions to broader ‘infrastructure’ definitions. 

Areas for further work

12.  Further work on the draft Infrastructure chapter will involve further refinement of the format of the standards as well as responding to outcomes of engagement with stakeholders.

Climate Change Impact and Considerations

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

14.  The draft Infrastructure chapter provides for infrastructure which contributes to reducing the effect of activities on climate change. For example, the provisions provide for the continued use, development and upgrading of electricity transmission and distribution networks to cater for increased demand for electricity. In addition, electric vehicle charging stations are specifically referenced and provided for in all zones – see Rules INF-R8, INF-R9 and INF-R13. Furthermore, more permissive standards are applied for the development of new or upgrading existing walkways, cycleways and shared paths to facilitate this infrastructure and provide for active transport modes. Lastly, the rules refer to the latest standard for the safe design of paths for walking and cycling which would also facilitate active transport modes.

Engagement

15.  In reviewing the current chapter and preparing this new chapter, engagement has occurred with a number of network utility operators. This engagement has assisted in better understanding the technical and operational requirements of infrastructure, as well as the efficiency and effectiveness of the current Plan provisions.

16.  Once the draft District Plan has been completed, Council officers will use the draft as an engagement tool, and engage with iwi, the community and other stakeholders on what has been included in the draft. This engagement will take place in early 2022.

Legal Considerations

17.  While there are no legal considerations associated with this report, the key legal consideration for the review of the District Plan is the necessity for Council to meet its legal obligations under the Resource Management Act (RMA).

Financial Considerations

18.  There are no financial considerations associated with the content of this report.

Appendices

No.

Title

Page

1

Infrastructure chapter - DRAFT

63

    

 

 

 

 

 

Author: Nathan Geard

Senior Environmental Policy Analyst

 

 

 

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Infrastructure chapter - DRAFT

 
























































                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

06 October 2021

 

 

 

File: (21/1620)

 

 

 

 

Report no: DPRS2021/5/238

 

Transport - Draft Chapter

 

Purpose of Report

1.    The purpose of this report is to introduce the draft Transport chapter that has been prepared for the draft District Plan and to receive initial feedback from the Subcommittee on the draft.

Recommendations

That the Subcommittee:

(1)   notes and receives the draft Transport chapter and information contained in the report; and

(2)   directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Background

2.    At its 18 May 2021 meeting, the Subcommittee directed officers to proceed with the District Plan Review with regard to transport by retaining the existing objectives, policies and rules of the current District Plan, and amending the permitted activity standards and High Trip Generator thresholds.

3.    Hannah van Haren-Giles of Hill Young Cooper (a consultancy with resource management experts) has been engaged to assist with the Transport component of the District Plan Review. Ms van Haren-Giles has prepared the draft Transport chapter (attached as Appendix 1 to the report) and provided the information for the discussion below.

 

 

Discussion

Summary of the draft chapter

4.    The draft chapter primarily addresses high trip generating activities and on-site transport facilities (vehicle and pedestrian/cycling access, car and cycle parking, manoeuvring, and loading facilities).

5.    The chapter also seeks to ensure the safety, efficiency, resilience, and accessibility of the transport network and that the network is well integrated and provides for all modes of transport. A key focus is on managing the design and location of subdivision, land use and development to optimise connectivity, while minimising adverse effects on the safety and efficiency of the transport network.

6.    The approach of the draft chapter is as follows:

a.   All transport activities are permitted, subject to meeting the relevant standards.

b.   If the standards are not met, resource consent is required as a restricted discretionary activity.

7.    The draft standards that apply to transport activities are:  

a.   Pedestrian and cycling access requirements

b.   Vehicle access requirements

c.   Firefighting access requirements

d.   On-site parking design requirements

e.   Manoeuvring space requirements

f.    Loading space requirements

g.   On-site waste storage and loading requirements

h.   Bicycle parking requirements, including end of trip facilities

i.    Trip generation

8.    While the previous direction from the Subcommittee was for the objectives, policies and rules of the current District Plan to be retained, these have been revised, updated, and rationalised for efficiency and effectiveness and to ensure the draft complies with the National Planning Standards. The objectives and policies have also been reviewed in terms of regional consistency - primarily with the proposed Porirua District Plan and draft Wellington District Plan (which is currently in development). Notwithstanding these wording changes, the general intent and policy direction is the same.

Differences from the operative District Plan

9.    The definitions of the operative District Plan have been updated in a manner that is regionally consistent with district plans of Porirua, Wellington and the Kāpiti Coast.

10.  Some objectives and policies that relate to the construction, maintenance and upgrades of the transport network have been shifted to the Infrastructure chapter as this is a more appropriate location for these objectives and policies. Otherwise, the objectives and policies have been retained with only minor revisions and updates.

11.  The major change to this chapter has been the overhaul of the permitted activity standards. Appendix 2 attached to the report compares the standards of the operative Transport chapter with the standards of the draft Transport chapter.

12.  The review of the standards has focused on the following:

a.   The high trip generator thresholds in relation to temporary activities, which was identified as a specific issue.

b.   The operative Transport chapter refers to external standards. The draft chapter has been updated to include the detail of these standards in the chapter itself.

c.   Regional consistency with other recently reviewed District Plans, particularly the draft standards.

Areas for further work or consideration

13.  The alignment of the Transport chapter with the Temporary Activities chapter needs to be considered further, in terms of a different approach/threshold for high trip generating activities for temporary activities, and whether this rule should be located in the Temporary Activities chapter (the approach of the Kāpiti Coast District Plan) or incorporated into the Transport chapter.

14.  Further refinement of the format of the standards is ongoing. Further refinements are mainly to simplify the standards and improve clarity for plan users.

Possible alternatives

15.  Given the uptake in micromobility (such as e-scooters and e-skateboards), and the Hutt City Cycling and Micromobility SSBC May 2021 Report, which identified support for and benefits of active and sustainable modes of transport, it may be appropriate to bring micromobility access and parking requirements into the District Plan.

16.  The operative District Plan has a very simple rule framework which is based on an all-encompassing permitted activity rule which references all transport standards. A possible alternative is to update the rule framework so that there are unique/more specific rules for different activities.

The benefit of this approach is that the relevant standards would be more easily identified in the relevant rule for the specific activity, rather than the current approach where the all-encompassing rule refers to all standards.

17.  Matters relating to classification of roads, design of roads, intersection design requirements, sight distances and visibility splays, and vehicle crossing distances from intersections/railway crossings could be addressed in either the Infrastructure or Transport chapter. I note that the approach of the proposed Porirua District Plan is to include these ‘transport infrastructure’ matters in the Infrastructure chapter.

Climate Change Impact and Considerations

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

19.  The draft chapter provides for all modes of transport, with particular provision for active transport modes (e.g. walking and cycling). The draft chapter continues the current requirements requiring cycle parking and the design of property access and facilities for pedestrians and cyclists. This access and facilities would also suit micromobility users. This provision for active transport modes would contribute to a reduction of emissions if there was a shift to these modes of transport.

Engagement

20.  Once the draft District Plan has been completed, Council officers will use the draft as an engagement tool, and engage with iwi, the community and other stakeholders on what has been included in the draft. This engagement will take place in early 2022.

Legal Considerations

21.  While there are no legal considerations associated with this report, the key legal consideration for the review of the District Plan is the necessity for Council to meet its legal obligations under the RMA.

Financial Considerations

22.  There are no financial considerations associated with the content of this report.

Appendices

No.

Title

Page

1

Transport chapter - DRAFT

123

2

Transport chapter - comparison of standards between the draft and operative Transport chapter

135

    

 

 

 

 

 

Author: Nathan Geard

Senior Environmental Policy Analyst

 

 

 

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Transport chapter - DRAFT

 













Attachment 2

Transport chapter - comparison of standards between the draft and operative Transport chapter

 








                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

05 October 2021

 

 

 

File: (21/1591)

 

 

 

 

Report no: DPRS2021/5/236

 

Renewable Electricity Generation - Draft Chapter

 

Purpose of Report

1.    The purpose of this report is to introduce the draft Renewable Electricity Generation chapter that has been prepared for the draft District Plan and to receive initial feedback from the Subcommittee on the draft.

Recommendations

That the Subcommittee:

(1)   notes and receives the draft chapter and information contained in the report; and

(2)   directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Background

2.    At its 1 July 2021 meeting, the Subcommittee directed officers to proceed with the District Plan Review with regard to renewable energy generation by 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.

3.    Given this direction, officers have completed a first draft of the Renewable Electricity Generation chapter, attached as Appendix 1 to the report.

Discussion

Summary of the draft chapter

4.    The draft chapter effectively continues the approach of the existing District Plan.

5.    It addresses four types of activities:

·    Small-scale renewable electricity generation activities

These are activities and structures that are specifically for use on a particular site, although electricity may be exported back into the distribution network. This includes domestic solar panels and wind turbines.

·    Community-scale renewable electricity generation activities

These are activities and structures that supply electricity to a community that is not connected to the distribution network, or supplies electricity to a neighbourhood with some electricity being exported back to the distribution network.

·    Commercial-scale renewable electricity generation activities

These are larger scale activities and structures, which would typically be connected to the distribution network. This includes wind farms.

·    Renewable electricity generation investigation activities

These are activities and structures associated with investigation, identification and assessment of potential sites and sources for renewable electricity generation.

6.    The general approach of the draft Renewable Electricity Generation chapter is:

·    Enable small-scale renewable energy generation activities as a permitted activity where the effects of the activity can be managed within the site.

·    Require resource consent for community-scale and commercial scale renewable energy generation activities in all zones, but with a more straight-forward consenting pathway in rural zones.

·    Require resource consent for commercial scale renewable energy, but with a more straight-forward consenting pathway outside rural zones.

·    Require resource consent for renewable electricity generation investigation activities, but with a more straight-forward consenting pathway in rural, open space and industrial zones.

·    Through resource consent processes, manage the impacts of renewable electricity generation activities on the surrounding area while also taking the benefits of renewable electricity generation into account.

7.    The draft chapter currently includes a number of placeholders for additional rules that may be added to the chapter. This is in order to show that additional rules may be appropriate in order to address the potential impacts of renewable electricity generation on sites and areas that are particularly vulnerable to impacts of development. The appropriate rules (if any) to address these impacts will need to be determined as the relevant parts of the District Plan Review progress.

Differences from the current District Plan

8.    The draft Renewable Electricity Generation chapter is very similar to the current District Plan. However, there are the following differences:

·    The rules of the current District Plan include matters of discretion on earthworks, noise and lighting. These matters of discretion have been removed as the effects of earthworks, noise and lighting would be addressed in other chapters that are specific to those activities.

·    The rules of the current District Plan include rules that directly address impacts of activities on identified heritage buildings. As the approach of the draft District Plan on identifying heritage buildings has not been settled, the draft chapter includes a placeholder on identified heritage, to signal that this will need to be addressed at a later date.

·    The current District Plan includes specific rules on land-based structures associated with hydro and marine electricity generation. However, as these rules still require resource consent, and are not particularly enabling of these structures, there is little value in including them in this chapter. As a result, other rules of the District Plan would apply to these structures, including rules of the underlying zone and relevant overlays.

·    The current District Plan includes a discretionary rule for renewable electricity generation activities that are not addressed by any of the other rules of the chapter. This has not been included in the draft chapter. The approach of the draft chapter is for the rules of the underlying zone to apply to any renewable electricity generation activities that are not addressed in this chapter.

Alternatives approaches

9.    There are a range of alternatives that could be adopted in this chapter. However, the alternatives generally relate to where to strike the balance between enabling an increase in renewable electricity generation with managing the potential effects of the activities and associated structures on the surrounding area. Possible alternatives include:

·    Being more or less enabling of small-scale renewable electricity generation facilities by increasing or decreasing the degree to which solar panels and wind turbines are permitted to exceed the height and setback standards of the underlying zone.

·    Being more or less enabling of community-scale and commercial-scale renewable electricity generation activities by changing the zones that different rules apply to.

·    Specifically addressing land-based structures associated with hydro and marine electricity generation, to be more enabling of these structures.

Next steps

10.  Once the Subcommittee has given feedback on the draft, officers will amend the draft and present it at an upcoming Subcommittee meeting.

11.  In some cases, officers may present a range of options on how an address could be addressed through the District Plan. If this is the case, officers will recommend an option, with reasons for the recommendation.

Climate Change Impact and Considerations

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

13.  The draft chapter provides for a range of renewable electricity activities to occur in the city, from small-scale individual site facilities through to large commercial scale facilities. Generating electricity within the city from renewable resources would contribute towards to reduce emissions from electricity generated from non-renewable resources and make the city more resilient with local electricity generation.

Engagement

14.  Once the Draft District Plan has been completed, Council officers will use the draft as an engagement tool, and engage with iwi, the community and other stakeholders on what has been included in the draft. This engagement will take place in early 2022.

Legal Considerations

15.  While there are no legal considerations associated with this report, ultimately the key legal consideration for the review of the District Plan is the need for Council to meet its legal obligations under the RMA.

Financial Considerations

16.  No financial considerations are associated with this report.

Appendices

No.

Title

Page

1

Renewable Energy Generation chapter DRAFT

147

    

 

 

 

 

 

Author: Nathan Geard

Senior Environmental Policy Analyst

 

 

 

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Renewable Energy Generation chapter DRAFT

 











                                                                                       1                                                 04 November 2021

District Plan Review Subcommittee

05 October 2021

 

 

 

File: (21/1592)

 

 

 

 

Report no: DPRS2021/5/237

 

Hazardous Substances and Contaminated Land - Draft Chapter

 

Purpose of Report

1.    The purpose of this report is to introduce the Hazardous Substances and Contaminated Land chapters that have been prepared for the draft District Plan and to receive initial feedback from the Subcommittee on the draft.

Recommendations

That the Subcommittee:

(1)   notes and receives the draft chapters and information contained in the report; and

(2)   directs officers to make subsequent changes to the draft chapter and/or further consideration of specific matters.

 

Background

2.    The review of the District Plan has involved reviews of the Plan’s approach to Hazardous Substances and Contaminated Land.

3.    Under the National Planning Standards, hazardous substances include, but are not limited to:

Any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance. The Hazardous Substances and New Organisms Act 1996 defines hazardous substances as meaning, unless expressly provided otherwise by regulations or an EPA notice, any substance—

a)     with 1 or more of the following intrinsic properties:

i.      explosiveness:

ii.    flammability:

iii.   a capacity to oxidise:

iv.   corrosiveness:

v.     toxicity (including chronic toxicity):

vi.   ecotoxicity, with or without bioaccumulation; or

b)     which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a).

4.    Under the National Planning Standards, 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.

5.    To date, the Subcommittee has given the following direction for the review with regard to Hazardous Substances and Contaminated Land:

·    For Hazardous Substances, review:

The approach for significant hazardous facilities, including site-specific risk assessments.

The compatibility of other land use activities near existing significant hazardous facilities.

The effectiveness and appropriateness of existing provisions.

The appropriateness of the zoning for significant hazardous substances.

·    For Contaminated Land, develop new objectives and policies to support implementation of the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

6.       Examples of significant hazardous facilities in Lower Hutt include:

·    Chempro Logistics Limited, Chemical Storage Facility, Seaview Road, Seaview;

·    New Zealand Oil Services Limited, Petroleum Storage Facility (two sites), Port Road, Seaview;

·    Mobil Oil New Zealand Limited, Petroleum Storage Facility, Seaview Road, Seaview;

·    Z Energy 2015 Limited, Petroleum Storage Facility, Seaview Road, Seaview;

·    Elgas Limited, LPG Storage Facility, Eastern Hutt Road, Silverstream; and

·    On Gas Limited, LPG Storage Facility, Bouverie Street, Petone

7.       Since the District Plan became operative in 2003, regulations under the Hazardous Substances and New Organisms Act 1996 (the HSNO Act) and the Health and Safety at Work Act 2015 (the HSW Act) have come into effect and are now considered to be the primary legislative and regulatory mechanisms to address hazardous substances matters.

8.       Given these new regulations, district plans now focus on placing additional controls on hazardous substances only if it is necessary to control legitimate resource management related effects that are not covered by the HSNO or HSW Acts. This includes a focus on the following:

·    The potential effects of significant hazardous facilities, including cumulative effects on adjacent land uses (Lower Hutt several significant hazardous facilities, including petroleum storage facilities in Seaview, a chemical storage facility in Seaview, and an LPG storage facility in Petone).

·    Activities near particularly sensitive areas (such as ecological areas),

·    Impacts on areas prone to natural hazards, and

·    Reverse sensitivity effects (where the ongoing operation, maintenance and upgrade of existing hazardous facilities are impacted by more sensitive activities being allowed to be located near them.

9.       Hannah van Haren-Giles of Hill Young Cooper (a consultancy with resource management experts) has been engaged to assist with the Hazardous Substances and Contaminated Land components of the District Plan Review. Ms van Haren-Giles has prepared the draft Hazardous Substances and Contaminated Land chapters (attached as Appendices 1 and 2 to the report) and provided the information for the discussion below.

Discussion

Summary of the draft chapters

Hazardous substances

10.     The objectives and policies of the draft chapter focus on:

·    Protecting people and communities from residual risk,

·    Minimising reverse sensitivity effects and separating hazardous activities/facilities from sensitive activities,

·    Appropriately locating significant hazardous facilities and managing cumulative effects, and

·    Avoiding hazardous activities/facilities in areas/overlays particularly sensitive to potential effects from hazardous substances.

11.     The draft rule framework is as follows:

·    Expansion or upgrading of existing significant hazardous facilities is a restricted discretionary activity in all zones.

·    New significant hazardous facilities are a restricted discretionary activity in the Heavy Industrial Zone, discretionary in the General Industrial Zone, and non-complying in all other zones.

·    New sensitive activities within a new proposed ‘risk management overlay’ are a non-complying activity. The location of the ‘risk management overlay’ is still to be determined.

12.     The draft chapter currently includes a placeholder for areas/overlays particularly sensitive to potential effects from hazardous facilities. The intent is that these areas/overlays be listed in policy to provide a strong avoidance directive for hazardous substances activities/facilities seeking to locate in those areas.

Contaminated land

13.     The objectives of the draft chapter relate to:

·    The need to protect human health to acceptable levels – reflecting the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS),

·    Identifying the status of contaminated sites, and

·    The need to recognise and enable remediation/site management and the development opportunity and benefit to human health/wellbeing of communities.

14.     The policies of the draft chapter seek to:

·    Recognise the benefits of and encourage remediation and site management,

·    Identify contaminated and potentially contaminated land – link to Greater Wellington Regional Council’s Selected Land Use Register (SLUR), and

·    Manage contaminated land to minimise risk to human health and ensure it is safe for its intended use.

15.     Overall, the intent of the draft chapter is to provide a clear directive to plan users on Council’s approach to managing contaminated land, including through reference to the NESCS. The objectives/policies provide guidance for decision-makers to assess resource consent applications made under the NESCS.

Differences from the current District Plan

Hazardous substances

16.     The draft Hazardous Substances chapter is a complete overhaul of the Hazardous Substances chapter of the current District Plan (no objectives, policies or rules have been carried over) because:

·    Section 31 of the Resource Management Act (regarding functions of territorial authorities) has been amended since the current District Plan became operative to remove the function of controlling hazardous substances,

·    The provisions of the current District Plan address matters which duplicate legislation/regulations, and it is best practice to only place additional controls on hazardous substances if they are necessary to control effects that are not otherwise covered by controls already imposed under Hazardous Substances and New Organisms Act 1996 and Health and Safety at Work (Hazardous Substances) Regulations 2017 (residual effects), and

·    The Hazardous Facilities Screening Procedure, Consent Status Matrix, and Dow Fire and Explosion Hazard Index (from the current District Plan) are considered to be overly complicated and onerous for both plan users and Council staff, and these approaches have not been carried though into other recently reviewed district plans. 

17.     The definitions in the current District Plan that relate to hazardous substances have not been carried over. Instead nationally/regionally consistent definitions have been drafted, notably ‘significant hazardous facilities’.

Contaminated land

18.     There are no specific objectives, policies or rules on contaminated land in the current District Plan. However, the subdivision rules in Chapter 11 (Subdivision) of the current District Plan and land use rules in Chapters 6B (Special Business Activity Area) and 14D (Hazardous Facilities) provide for the consideration of contaminated land.

19.     The draft Contaminated Land Chapter is therefore an entirely new chapter, with two new objectives and three new policies.

20.     There is a new definition of ‘potentially contaminated land’ which is regionally consistent with the district plans of Kāpiti Coast District Council and Wellington City Council, and also links to the categories of Greater Wellington Regional Council’s Selected Land Use Register.

21.     No rules are considered to be required as the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (NESCS) provide a nationally consistent rule framework. These regulations provide a national environmental standard for activities on pieces of land whose soil may be contaminated in such a way as to be a risk to human health. The activities covered by the NESCS are:

·    Removing or replacing a fuel storage system,

·    Sampling soil,

·    Disturbing soil,

·    Subdividing land, and

·    Changing the use of the piece of land.

Options

Possible alternatives

Hazardous substances

22.     There are a number of options for managing risk associated with Significant Hazardous Facilities (SHFs) including 1x10-6 individual fatality risk contours – either shown or not shown on the Planning Maps, and/or imposing standard setbacks.

23.     Contours/setbacks can be used to manage:

·    SHF establishing/expanding too close to a sensitive activity or sensitive environment, and/or

·    New sensitive activities establishing too close to a SHF.

24.     The proposed approach in the draft Hazardous substances chapter is to utilise contours/setbacks to manage sensitive activities from establishing too close to an SHF. This approach is on the basis that the Heavy Industrial Zone (HIZ) generally provides for SHFs, but is less enabling of sensitive activities.

·    New sensitive activities within a mapped 1x10-6 contour (‘risk management overlay’) would be a non-complying activity, or where not mapped - a 250m standard setback would apply. The inclusion of ‘risk management contours’ is still to be worked through and dependant on SHF operators being comfortable with their 1x10-6 being identified in the Planning Maps. 

·    The draft chapter, similarly to Porirua and Wellington (which both have no rules) also relies on policy directive, especially the ‘avoid’ directive of HS-P1, as well as underlying zoning to manage reverse sensitivity and avoid incompatible activities locating within the HIZ and overlays.

25.     The draft chapter does not permit new or expanding SHF in any zone. Alternatives to this could be to:

·    Permit the expansion of SHF where the activity does not result in the new 1x10-6 individual risk fatality contour extending beyond the ‘risk management contour’. This would permit the expansion or upgrading of existing SHF without increasing risk to people and communities.

·    Permit the expansion of existing SHF in the HIZ, on the basis that the Heavy industrial zone (HIZ) generally provides for SHF.

26.     Another consideration could be to include non-complying rules for new SHFs seeking to establish close to sensitive environments. The proposed New Plymouth District Plan has taken this approach (new SHFs within 50m of significant waterbodies are non-complying). However, the New Plymouth local context is heavily related to petroleum production and exploration, and therefore this approach may be too onerous for the Lower Hutt context.

Contaminated land

27.     Possible alternatives could include rules, however this is not considered to be required or appropriate given the NESCS. No other recently reviewed District Plans have included rules.

Climate Change Impact and Considerations

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

29.     While the hazardous substances chapter relates to activities which are associated with petroleum and other activities which can be a source of emissions, Council’s jurisdiction relates to managing the land use effects of these activities and not the emissions from the use and storage of these substances.

30.     The risks from a changing climate on significant hazardous facilities, particularly in relation to the intensity and likelihood of flood events and sea level risk, will be addressed through the Natural Hazards chapter of the draft District Plan.

Engagement

31.     Once the draft District Plan has been completed, Council officers will use the draft as an engagement tool, and engage with iwi, the community and other stakeholders on what has been included in the draft. This engagement will take place in early 2022.

Legal Considerations

32.     While there are no legal considerations associated with this report, the key legal consideration for the review of the District Plan is the necessity for Council to meet its legal obligations under the RMA.

Financial Considerations

33.     There are no financial considerations associated with the content of this report.

Appendices

No.

Title

Page

1

Hazardous Substances chapter - DRAFT

165

2

Contaminated Land chapter - DRAFT

172

    

 

 

 

 

 

Author: Nathan Geard

Senior Environmental Policy Analyst

 

 

 

 

 

 

Reviewed By: Hamish Wesney

Policy Planner

 

 

 

Approved By: Helen Oram

Director Environment and Sustainability

 


Attachment 1

Hazardous Substances chapter - DRAFT

 








Attachment 2

Contaminated Land chapter - DRAFT