1                                           6 December 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

Monday 6 December 2021 commencing at 1.00pm

 

 

 

PRESENT:                        Cr S Edwards (Chair)       Cr K Brown (via audio visual link)

Cr B Dyer                          Deputy Mayor T Lewis (Deputy Chair)

Cr N Shaw

     

APOLOGIES:                  Ms M Dentice

 

IN ATTENDANCE:        Ms H Oram, Director Environment and Sustainability

                                          Mr M Jennings, Kaitatari Tumuaki Māori

                                          Ms P Rotherham, Head of Planning

Mr N Geard, Senior Environmental Policy Analyst (part meeting)

Mr B Haddrell, Policy Planner

Mr S Davis, Policy Planner

Ms M Schwalger, Senior Communications Advisor

Mrs A Doornebosch, Democracy Advisor

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

RESOLVED:  (Cr Edwards/Cr Shaw)                                Minute No. DPRS21501 (2)

“That the apology received from Ms Dentice be accepted and leave of absence be granted.”

 

3.       PUBLIC COMMENT

Comments are recorded under the item to which they relate.

4.       CONFLICT OF INTEREST DECLARATIONS

Deputy Mayor Lewis declared a conflict of interest in relation to item 8, Historic Heritage and took no part in discussion or voting on the matter.

 

5.       Minutes

Resolved: (Cr Edwards/Deputy Mayor Lewis)                  Minute No. DPRS 21502 (2)

“That the minutes of the meeting of the District Plan Review Subcommittee held on Thursday, 4 November 2021, be confirmed as a true and correct record.”

  

6.

Strategic Directions - Draft Chapter (21/1791)

Report No. DPRS2021/5/284 by the Policy Planner

 

The Head of Planning elaborated on the report. 

In response to questions from members, the Senior Environmental Policy Analyst advised the draft Urban Form and Development Objective 02 was not in direct conflict with the new Bill currently before Parliament.  He explained that amendments to the Resource Management Act would require councils to identify areas for high density residential development and required such areas to be well served by facilities and transport infrastructure. He agreed to re-visit the wording used in the draft objective. He confirmed it was a legal requirement to have place holders within the draft document such as the draft Urban Form and Development Objective 04. He noted that actual figures would be inserted in the near future. 

The Director Environment and Sustainability advised no legislation had yet been passed by Parliament. She noted officers were cognisant of possible changing requirements and would address them as and when they became law.  

 

Resolved:   (Cr Edwards/Cr Shaw)                                       Minute No. DPRS 21503 (2)

 

“That the Subcommittee:

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

 

(2)   directs officers to make subsequent changes made at the meeting to the draft chapter.”

 

7.

Mana Whenua/Tangata Whenua - Draft Chapter and Other Matters (21/1922)

Report No. DPRS2021/5/286 by the Policy Planner

 

The Head of Planning elaborated on the report.

Ms Jade Wikaira from Wikaira Consulting was in attendance for the item.  She explained the chapter had been delivered based on information held to date.  She noted extensive engagement had been undertaken.  She said further consultation would be undertaken including visits to marae to finalise approaches to sites of significance to Māori and Māori purpose zones.  She highlighted further work would also be undertaken regarding links to the Heritage chapter work.

 

In response to questions from members, Ms Wikaira said the wording that appeared in the Introduction chapter had been taken directly from the Resource Management Act.  She agreed to amend this wording to better reflect that Council was instigating change and to refer to Council’s Corporate Leadership Team in the document rather than the General Managers of Council.  She acknowledged the document referred to the Hutt River and Te Awakairangi and agreed to ensure consistency of terminology.  She also agreed to ensure the narrative regarding the history of the naming of the river was accurate.  She said she would welcome more time for meaningful engagement with relevant Treaty partners and marae.  She noted they had committed to an engagement schedule with a number of organisations and marae by the end of the year.  She confirmed there may be different classifications for different marae in the draft District Plan, depending on their functions.  She clarified that the draft Mana Whenua/Tangata Whenua chapter would include commentary on the Heritage policy. She agreed to amend the reference to Seaview Urupā to Owhiti Urupā.  She said she would be happy to accept guidance on references to taurahere (people from other iwi) to reflect the urban drift of Māori from other parts of Aotearoa. 

The Director Environment and Sustainability advised any recommendations from the Whaitua process that were adopted by Council, would be incorporated in the draft District Plan.  She added there were a number of different processes, which had implications for the draft District Plan and that relevant ones would be incorporated as required.

The Kaitatari Tumuaki Māori advised he had been involved in a limited capacity in the development of the draft chapter.

 

Resolved:   (Cr Edwards/Cr Shaw)                                     Minute No. DPRS 21504 (2)

 

“That the Subcommittee:

(1)   notes and receives the draft Mana Whenua/Tangata Whenua chapter and update on the framework for identifying and protecting sites and areas of significance to Māori and the Māori Purpose Zone contained in this report; and

(2)   directs officers to make subsequent changes made at the meeting to the draft chapter.”

 

8.

Historic Heritage (21/1881)

Report No. DPRS2021/5/285 by the Policy Planner

 

Deputy Mayor Lewis declared a conflict of interest and took no part in discussion or voting on the matter.

The Policy Planner elaborated on the report.  He said the feedback received to date had been positive and that there were many comments both for and against the draft provisions. 

In response to questions from members, the Policy Planner confirmed qualifying matters would be dealt with under the Residential Chapter.  He added that the process to identify specific areas was currently underway.  He noted  there were no plans to restrict internal alterations to identified buildings, with controls proposed only for external alterations.  He noted it would be extremely difficult to assess all proposed interior alterations and this would be a costly and time-consuming process.

 

Resolved:   (Cr Edwards/Cr Brown)                                       Minute No. DPRS 21505 (2)

 

“That the Subcommittee:

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

 

(2)   accepts the draft Historic Heritage chapter provided in the report for inclusion in the draft District Plan; and

 

(3)   directs officers to make subsequent changes made at the meeting to the draft chapter.”

For the reason that the draft Historic Heritage chapter:

a.       Gives effect to statutory requirements and the Heritage Policy – Taonga Tuku Iho.

b.       Provides a balance between protecting significant historic heritage values and providing for use and development.

c.       Relatively consistent with the approach of other district plans in the Wellington region.

d.      Provides a balanced approach that aims to address the range of views held by the community and stakeholders.

 

9.

Noise - draft chapter (21/1986)

Report No. DPRS2021/5/287 by the Policy Planner

 

Speaking under public comment, Mr Max Shierlaw expressed concern that the draft Noise chapter did not include any base limit noise levels.   He explained his personal experience of dealing with noise emitted from concerts held at the Station Village complex.  He said quiet enjoyment of your own property should not be compromised by excessive noise.  He questioned why the existing base noise limit for the Bellevue Hotel was not being carried through into the draft District Plan.  He suggested Council undertake a comprehensive review of noise.

 

In response to questions from members, Mr Shierlaw confirmed the Station Village concerts had occurred every year for a number of years over Christmas break periods.  He noted whilst they had not occurred recently, he believed there was no noise protection for the general public in the proposed draft District Plan, should the concerts be reinstated.  He noted he would prefer that minimum base noise limits were instigated across the whole city. He said he had not investigated how other local authorities dealt with noise.

 

The Policy Planner elaborated on the report. He said that whilst control of noise was specifically targeted in the Resource Management Act, enforcement was not always based on District Plan rules, with other enforcement options also being available.  He noted the draft chapter included base noise limits specifically for major events in parks.  He said that it was proposed to simplify the noise controls within the draft District Plan and that all commercial areas would have the same noise limits.  He added that this included a more restrictive way of measuring vibration.  He noted noise management plans would be required for all major events in parks. 

 

In response to questions from members, the Policy Planner agreed to include consideration of Sunday noise levels in the public engagement process.  He noted the construction  industry did not generally work on Sundays.   He advised that higher noise limits were proposed for large park areas such as Williams Park, Te Puni Reserve and the Hutt Recreational Ground, under major events within the Temporary Activities Chapter.  He confirmed the current rules did not treat public holidays differently to other days of the week.  He advised the District Plan could not control noise emanating from moving vehicles and that this was a matter for the Police.  He agreed to report back on any controls Council may have in regard to loud music from vehicles.  He noted that once a Noise Control Officer had requested noise levels be reduced at an event, generally most venue holders complied. He confirmed residents could share through the District Plan consultation process, any specific event or source of noise of concern.

 

In response to a question from a member, the Head of Planning advised any large event would require a resource consent application and would be assessed on its own merits. 

 

 

 

 

Resolved:   (Cr Edwards/Deputy Mayor Lewis)                 Minute No. DPRS 21506 (2)

 

“That the Subcommittee:

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

(2)       proceeds with the review of the City of Lower Hutt District Plan regarding noise through the recommended option, being use of the draft Noise chapter for engagement.”

 

10.

Natural Hazards - Draft Chapter (21/2028)

Report No. DPRS2021/5/289 by the Senior Environmental Policy Analyst

 

The Senior Environmental Policy Analyst elaborated on the report.  He highlighted an error in his report from paragraph 24 onwards, noting that all references to Option 3 should read Option 2 – a balanced approach.

In response to a question from a member, the Senior Environmental Policy Analyst confirmed that rules concerning earthworks and the building up of land would be addressed in the Earthworks Chapter.

 

Resolved:   (Cr Edwards/Cr Dyer)                                          Minute No. DPRS 21507 (2)

 

“That the Subcommittee:

(1)   proceeds with the review of the City of Lower Hutt District Plan regarding natural hazards through Option 2: A balanced approach, including:

(a)     requiring resource consent for activities that are sensitive to the risks from natural hazards within identified hazard risk areas; and

(b)     permitting activities where the types of activity would have minimal risk or consequences within identified hazard risk areas;

       complemented by both regulatory and non-regulatory methods outside of the District Plan;

(2)   notes and receives the draft Natural Hazards chapter and information contained in the report; and

(3)   directs officers to make subsequent changes made at the meeting to the draft chapter.”

 

11.     QUESTIONS

There were no questions.

There being no further business the Chair declared the meeting closed at 2.18pm.

 

 

 

 

Cr S Edwards

CHAIR

CONFIRMED as a true and correct record

Dated this 10th day of February 2022