District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Street index | Planning maps | Text | Appendices | Annexures | Section 32 material | Plan modifications | Help | Notified - Home | Decision - Home

Hearing reports index

Report on modifications to designations and submissions to the Auckland City District Plan: Hauraki Gulf Islands Section – Proposed 2006

1.0 Introduction

This report considers the modifications to designations 2-10 and 2-11 and the submissions that were received by the council to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the minor modifications to two existing council designations and submissions thereto.

The recommendations contained in this report are not recommendations of the council. The council will issue its decision following a review of the report of the independent hearings panel who will consider the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's decisions will be released after all the hearings to the Plan have been completed.

2.0 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the modifications to the designations and the submissions received.

In accordance with the provisions of clause 4 of the First Schedule of the RMA (requirements to be inserted prior to notification of proposed district plans), the Transport Policy and Projects group of Auckland City Council was invited to advise whether they require the existing designations for the northern and southern service lanes in Oneroa, Waiheke to be included in the proposed plan, with or without modification. A copy of the Form 18 is attached as appendix 1 to this report.

The requiring authority has advised they seek the following modifications:

Designation 2-10: Northern Service Lane

• An name change of a position referred to in condition 2

Designation 2-11: Southern Service Lane

• An name change of a position referred to in condition 4
• Correction to a section of the RMA referred to in condition 8
• In accordance with section 184A of the RMA, an increase in the lapse period from 5 to 11 years.

Clauses 4-9, 11, 13-16 of the First Schedule and sections 168-172 of Part VIII of the RMA are applicable to designations. It is my view that the extent of the modifications sought are considered very minor and as such, a full assessment, and in particular, a consideration of section 168A(3) (notice of requirement by territorial authority), as if this were a new notice of requirement, is not considered necessary.

With respect to its own designations, section 168A(4) (notice of requirement by territorial authority) of the RMA states:

 "The territorial authority may decide to —

1. confirm the requirement:
2. modify the requirement:
3. impose conditions:
4. withdraw the requirement"

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with designations and lists those designations the subject of this report.

Contained in clause 1.6.5 of Part 1 of the Plan is reference to how designations and notices of requirement are included in the Plan.

"Sites which are subject to a designation are identified on the planning maps by means of a distinctive notation and a map reference number. The reference number links to further information in appendix 7 - List of designations, which describes the designation and any associated conditions.

The effect of a designation is to override the general provisions of the Plan and any resource consent, for activities that are consistent with the designated purpose. Once a designation is included in the Plan, no one may without the prior written consent of the requiring authority do anything to the affected land that would prevent or hinder it being used for its designated purpose."

This report relates to Table A7.1: Designations - inner islands and Table A7:2 Conditions applying to designated sites - inner islands, and in particular, the following designations:

• 2-10, 139-155 Ocean View Road, Oneroa, Waiheke: Northern Service Lane
• 2-11, 139-155 Ocean View Road, Oneroa, Waiheke Southern Service Lane

The relevant parts of Table A7:2 are attached as appendix 2 to this report.

Separate reports consider other designations contained in appendix 7 of the Plan.

4.0 Modifications to the designations

4.1 References to the approving officer and sections of the RMA

The modifications to the approving officer and the section of the RMA are administrative changes that do not impact in any way on the nature of the work or generate additional effects on the environment. As such, they do not necessitate any further consideration of the provisions of section 168A(3).

4.2 Increase in lapse period

A lapse period of 11 years is sought for designation 2-11: Southern Service Lane for the reasons that:

"This lapsing period provides sufficient time for the completion for the property agreements and construction works subject to this designation."

It is noted at this point that, there is an error in condition 8 of the Plan, as it does not reflect the content of the notice of requirement as it refers to the lapse period being 5 years. Submission 2098/5 by the Manager City Planning has been lodged to address this error.

Unlike designation 2-10: Northern Service Lane, the southern service lane has yet to be constructed and this cannot occur until the council has in place property agreements with affected landowners or uses the provisions of the Public Works Act 1981 to acquire the land. Property negotiation and associated legal processes, particularly where a large number of separate landowners are involved, can be protracted. Following completion of this part of the process, council will then need to obtain the necessary consents/approvals prior to undertaking the physical works (e.g. Auckland Regional Council discharge consent, Building Consent, Outline Plan of Works). 

An 11 year timeframe is not therefore unreasonable, and as noted in submission 2081/5, is consistent with the fact that the council has extended the term of the designation in the operative plan until 2017. Further, no submissions have been received in opposition to this modification.

For completeness, it is recorded that this modification does result in any additional effects on the environment (section 168A(3) of the RMA).

Planner's recommendation: that the modifications to designations 2-10 and 2:11 be confirmed

5.0 Analysis of submissions

5.1 Introduction

This section of the report discusses the decisions requested in submissions about designations 2-10 and 2-11 and recommends how the panel could respond to the matters raised and decisions requested in submissions. While the relevant statutory matters (identified in section 2.0 of this report) will not necessarily be referred to directly, the discussion and recommendations have given appropriate consideration to these and any other relevant matters.

The submissions are contained in appendix 3. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 4.

All the submissions considered in this report were received by the closing date for lodging submissions (11 December 2006). No further submissions were received.

5.2 Submissions about designations 2-10: Northern Service Lane

Submissions dealt with in this section: 2098/1, 2098/2

5.2.1 Decisions requested

Submission 2098/1 seeks the deletion of condition 6 to the designation for the northern service lane, map ref 2-10 (as recorded in table A7.2 of appendix 7 - List of designated sites).

Submission 2098/2 seeks an amendment to condition 7 to the designation for the northern service lane, map ref 2-10 (as recorded in table A7.2 of appendix 7 - List of designated sites) by changing the words 'section 144' to 'section 114'.

5.2.2 Planner's analysis and recommendations

As the service lane is constructed and operational, the changes are not necessary to mitigate adverse effects or improve the enforceability of the conditions. While the conditions could remain as worded in the Plan, the amendments sought by the submitter (Auckland City Council) are to ensure the conditions relate to the designation as it currently operates and cross-references to other parts of the Plan and Statutes are accurate.  The decisions requested  are administrative and do not change the intent, meaning or purpose of the conditions.

Planner's recommendation: submissions 2098/1 and 2098/2 pertaining to designation 2-10 be accepted.

5.3 Submissions about designation 2-11: Southern Service Lane

Submissions dealt with in this section: 552/1, 588/1, 588/2, 588/3, 588/4, 588/5, 595/1, 595/2, 595/3, 595/4, 595/5, 597/1, 597/2, 597/3, 597/4, 597/5, 2098/3, 2098/4, 2098/5, 2098/6, 2098/7

5.3.1 Decisions requested

Submission 552/1 seeks acceptance of the construction of the southern service lane in Oneroa as per Appendix A.

The decisions requested by submissions 588, 595 and 597 are identical and seek the following:

1. Amend condition 2 of designation 2-11 to:, "The plan shall include traffic calming devices and night lighting. This shall be designed and carried out to the approval of respective property owners in negotiation with the manager, City Planning, Auckland City Council, prior to the activity commencing."
2. Amend condition 3 of designation 2-11 to:, "Where existing effluent fields are located partly or wholly within the area covered by the designation, alternative provisions shall be made for the satisfactory disposal and treatment of effluent at the council's expense, to the approval of respective property owners in negotiation with the manager, City Planning, Auckland City Council. This shall occur prior to the designation being implemented."
3. Amend condition 4 of designation 2-11 to:, "All access, parking and manoeuvring areas shall be formed, provided with an all weather surface, drained and marked out to the satisfaction of respective property owners in negotiation with the senior planner, Hauraki Gulf islands, prior to the activity commencing."
4. Amend condition 6 of designation 2-11 to:, "That the consent holder shall implement suitable sediment control measures during all earthworks, to the approval of respective property owners in negotiation with the manager, City Planning, Auckland City Council."
5. Amend condition 7 of designation 2-11 to:, "A landscaping plan shall be designed and implemented to the approval of respective property owners in negotiation with the manager, City Planning, Auckland City Council. The following shall be carried out:, a. The plan shall be implemented within one growing season of work beginning on the construction of the lane, b. Negotiation with adjacent landowners shall be carried out at the design stage to ensure landscaping, traffic flow, safety and reinstatement of existing utilities and networks is compatible with the appearance and function of abutting sites."

Submissions 2098 seek the following decisions:

3. Amend condition 1 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites), by replacing the description 'R98271.R01.A' with the words '51-21403-SK013 Rev A'.
4. Replace condition 5 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites). Delete the existing condition and insert the following:
5. "5. During the period of construction, noise and vibration must comply with clause 4.6 Noise and vibration from construction activities."

   Amend condition 8 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites) to read as follows (deletions shown with strikethrough, insertions with underlining):

   '8. The term of the implementation of this designation shall be five 11 years from the inclusion of the designation in the District Plan, in accordance with section 181(3) 184A(2)(c) of the RMA.'

6. Amend condition 9 to the designation for the southern service lane, map ref 2-11, as recorded in table A7.2 of appendix 7 - List of designated sites. Replace the words 'policy area 5 - Oneroa' with the words 'commercial 1 - Oneroa village'.
7. Add the following advice note after condition 9 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites):,

'Advice note: The requiring authority needs to obtain all other necessary consents and permits, and comply with all relevant council bylaws.'

5.3.2 Planner's analysis and recommendations

5.3.2.1 Submissions 552/1 and 2098/3

The reference in submission 552/1 to 'Appendix A' is the plan labelled R98271.R01.A referred to in the notice of requirement and condition 1 of the designation and attached at appendix 1 to this report. The submitter clearly supports the provision of the service lane and the proposed route, as shown on the plan R98271.R01.A. Submission 2098/3 seeks to amend this plan and it is not clear if accepting submission 2098/3 would conflict with the decision sought by submission 552/1.

Submission 2098/3 proposes to replace this plan for the reason that:

 "...the proposed alignment of the southern service lane has been amended to slightly as a result of discussion with council and affected landowners." 

There is a lack of detail in both of the plans to determine the changes to the alignment and therefore the extent to which this impacts on the relief sought by submission 552/1. The only noticeable change appears to be a slight northern shift in the service lane, where it adjoins lot 231. The plan attached to the submission also contains a number of symbols along the route of the service lane, but there is no key to these symbols.

This has been discussed with submitter 2098/3 who has indicated the plan will be updated to contain dimensions and a key, and this will be produced at the hearing. On the basis of more detail being provided on the plan and this not varying from the slight northern shift in the service lane, where it adjoins lot 231, it is recommended that the decision requested be accepted. 

Planner's recommendation: Subject to an accurate plan provided at the hearing, submission 552/1 be accepted in part (the service lane designation remains) and rejected in part, as subject to the acceptance of submission 2098/3, the plan reference is to be changed.

Planner's recommendation: Subject to an accurate plan provided at the hearing, submission 2098/3 pertaining to designation 2-11: be accepted.

5.3.2.2 Submissions 588, 595 and 597

As stated in the submissions, the intent of the decisions requested is

 "... to retain the rights of individual property owners over whose land the service lane will pass to proper participation and accountability from the council as the benefiting authority."

If the service lane were to be formed by way of easement over the land with the ownership remaining in private property, an easement would set out the rights and responsibilities of the parties to the easement, that being the council and the property owner(s). It is through this process that the individual property owners can record what level of consultation, negotiation and approval they wish to have over the formation of the service lane.

The decisions requested require the conditions to be approved by or subject to negotiation with the individual landowners.  The primary purpose of the conditions is to avoid, remedy or mitigate potential adverse effects on the environment and as drafted, they are similar to conditions attached to resource consent applications.

The council in exercising its functions carries out distinct roles. In this case, there is the council as a requiring authority and the council as a regulatory authority.  A third party (i.e the landowners) cannot exercise the role of the regulatory authority - approving the conditions attached to the designation is the responsibility of the council in its capacity as regulatory authority, not third parties. As noted above, if the submitters have concerns regarding how the service lane is constructed, they have a remedy to address this through the content of the easement documentation.

Planner's recommendation: submissions 588/1, 588/2, 588/3, 588/4, 588/5, 595/1, 595/2, 595/3, 595/4, 595/5, 597/1, 597/2, 597/3, 597/4, 597/5, pertaining to designation 2-11 be rejected.

5.3.2.3 Submissions 2098/4, 2098/5, 2098/6, 2098/7

The amendments sought by the submitter (Auckland City Council) are to correct errors in the Plan and ensure that cross-references to other parts of the Plan and the RMA are accurate.  The decisions requested  are administrative and do not change the intent, meaning or purpose of the conditions.

Planner's recommendation: submissions 2098/4, 2098/5, 2098/6, 2098/7, pertaining to designation 2-11 be accepted.

6.0 Conclusion

This report has considered the modifications to existing designation and decisions requested in submissions lodged regarding appendix 7: designations 2-10 and 2-11 for the inner islands of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether the modifications to the designations and submissions should be accepted or rejected, and how the Plan should be modified as a result. These recommendations are made prior to the hearing of the requiring authority and submissions and therefore without the benefit of evidence which may be presented at that time. At this stage before the hearing, it is recommended that this part of the Plan be approved, with amendments (as outlined in appendix 4), for the reasons outlined in this report.

Extract from Appendix 7 of the Proposed Plan

List of designated sites - inner islands

Table A7.1: Designated sites - inner islands (extract)

Table A7.2: Conditions applying to designated sites - inner islands (extract)

Submissions

View the submissions.

Recommended amendments to the Plan

(Deletions shown with strikethrough, insertions with underlining) to the following extracts of Table A7.2: Conditions applying to designated sites - inner islands

Designation 2-10: Northern Service Lane Delete condition 6 to the designation for the northern service lane, map ref 2-10 (as recorded in table A7.2 of appendix 7 - List of designated sites).  6. During the period of construction, noise shall comply with the controls set out in clause table 1 - Standards for the permitted activities of the Auckland City Proposed District Plan (Hauraki Gulf Islands Section). Consequential amendment to then renumber existing conditions 6, 8, and 9 and amend existing condition 7 as follows: 6. With regard to the area of service land which passes over council reserve land, the procedure for declaration as service lane under section 114 of the Public Works Act shall be completed. Note: This will require the consent of the minister of conservation. 7. The development shall comply with the following with regard to the protection of trees: a. No materials or soil debris shall be stored against the trunk of any protected tree or within the branch spread. b. Mechanical diggers or vehicles shall not be driven or parked over the root system. c. Any protected tree near any works shall be roped off around the perimeter of the branch spread for the duration of the work taking place. 8. All internal and external council costs of monitoring the conditions are to be borne by the requiring authority. Designation 2-11: Southern Service Lane Amend condition 1 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites), by deleting the description R98271.R01.A and replacing with 51-21403-SK013 Rev A. Delete condition 5 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites). 5.  During the period of construction, noise shall comply with the controls set out in table 1 -Standards for permitted activities of the Auckland City District Plan (Hauraki Gulf islands section).  Replace with the following: 5. During the period of construction, noise and vibration must comply with clause 4.6 Noise and vibration from construction activities. Amend condition 8 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites) to read as follows: 8. The term of the implementation of this designation shall be five 11 years from the inclusion of the designation in the District Plan, in accordance with section 181(3) 184A(2)(c) of the RMA. Amend condition 9 to the designation for the southern service lane, map ref 2-11, as recorded in table A7.2 of appendix 7 - List of designated sites by deleting the words policy area 5 - Oneroa with the words and replace with commercial 1 - Oneroa village. Add the following advice note after condition 9 to the designation for the southern service lane, map ref 2-11 (as recorded in table A7.2 of appendix 7 - List of designated sites): Advice note: The requiring authority needs to obtain all other necessary consents and permits, and comply with all relevant council bylaws.

To view PDFs download Acrobat Reader from the Adobe website . Further help on how to view PDFs .