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District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Summary report on submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006

Topic: Landforms 1 - 7 (General)
Report to: The Hearing Panel
Author: Deborah Kissick
Date: 27 August 2008
Group file: 314/274014-008
 

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to landforms 1-7 (General) of 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 submissions on landforms 1-7 (General). The submissions considered are those which relate generally to Landforms 1 - 7 but which cannot be allocated to any specific land unit. Also considered are submissions which seek to reclassify land from one landform to another.This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions. Further submissions are not specifically addressed but are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of 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 submissions. In preparing this report the submissions and, in particular, the decisions requested in the submissions, have been considered in light of the relevant statutory matters. These were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W 047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

1. The objectives of the Plan are to be evaluated by the extent to which they:

a. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
b. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1)).

2. The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:

a. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
b. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
d. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

The purpose of the RMA is "to promote the sustainable management of natural and physical resources", and "sustainable management" is defined in section 5(2) as meaning:

"... managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment."

Along with section 5, part 2 of the RMA includes sections 6 (matters of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range of matters that the council needs to recognise and provide for in achieving the purpose of the RMA. Those matters are also relevant when considering submissions.

The Plan must assist the council to carry out its functions under section 31 of the RMA. These functions are:

"(a) The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:
(b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

(i) the avoidance or mitigation of natural hazards; and
(ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and
(iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:
(iii) the maintenance of indigenous biological diversity:

(c) ...
(d) The control of the emission of noise and the mitigation of the effects of noise:
(e) The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes."

In addition to the matters listed above from the Eldamos decision:

1. The Plan must "give effect to" any national policy statement and any New Zealand coastal policy statement (s75(3)(a) and (b)).
2. The Plan must "give effect to" the regional policy statement (made operative after 10 August 2005) (s75(3)(c)).
3. The Plan must be "not inconsistent with" any regional plan (s75(4)).
4. The council must ensure that that the Plan does not conflict with sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA").  Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand coastal policy statement under the RMA.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with landforms 1-7 (General).

Landforms 1-7 apply to particular types of landform, ranging from coastal cliffs and slopes, to forest and bush. The landform land units apply on Waiheke, Great Barrier, Ponui, Pakihi, and Rakino.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about landforms 1-7 (General) and recommends how the panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. 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.

A list of the submissions which raise issues about landforms 1-7 (General) together with the related further submissions is contained in appendix 1. Appendix 2 contains the summary of the decisions requested by the submissions considered in this report. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 3.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', i.e. they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007).  All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

4.2 Submissions about the introduction of density controls

Submissions dealt with in this section: 526/4, 526/5, 527/4, 527/5, 528/4, 528/5, 529/4,   529/5, 539/4, 539/5, 1091/6, 1091/7, 1091/8

4.2.1 Decisions requested

Submissions 526/4, 527/4, 528/4, 529/4, 539/4, 1091/6, 1091/7 seek to establish density limits commensurate with the purpose of the landforms, for residential dwellings. The density limits should be the same as the provisions for subdivision in each relevant landform. It should be a permitted activity or at worst a controlled activity to establish residential dwellings that are consistent with a density limit, thereby avoiding subdivision or application for multiple dwellings.

Submissions 526/5, 527/5, 528/5, 529/5, 1091/8 seek that there should be a provision as a discretionary activity to increase density using clusters of dwellings or similar which should be measured against appropriate assessment criteria related to the land capability of the relevant catchment.

4.2.2 Planner's analysis and recommendations

The submitters seek that a density provision be included in each landform, as either a permitted, controlled or discretionary activity, to provide for the same number of dwellings as is currently provided for within Part 12 - subdivision. The submitters state that the current provisions of one dwelling per site are too restrictive and that a density provision provides an alternative for landowners who do not wish to subdivide their properties.

As defined in part 14 of the Plan, 'multiple dwellings means more than one dwelling on a site'. The table below sets out the way in which multiple dwellings are provided for in the landform land units:

Land unit or settlement area
Status
Limitations

Landform 2 (sand flats area only)

Landforms 3, 5, 6, 7

 

Discretionary

An application for multiple dwellings will only be considered as a discretionary activity where one or more of the following criteria are met:

1. The resulting number of dwellings on the site will be no more than that which would occur if the site were subdivided in accordance with the rules in part 12 - Subdivision applying to this land unit (with one dwelling per site).

2. An application is made at the same time for subdivision resulting in the amalgamation of sites such that the number of dwellings on the new site created would be no greater than that which could be achieved through locating a dwelling on each of the original sites.

3. The dwellings are for papakainga housing.

4. The land has been owned co-operatively by a number of individuals since prior to 29 September 1992.

Proposals which do not meet these standards are a non-complying activity

The approach taken in the Plan is that, with the exception of papakainga housing and land communally owned prior to 29 September 1991, the multiple dwelling provisions should not allow the construction of any more dwellings than would be permitted if the site were subdivided in accordance with the rules in part 12 of the Plan. As set out in clause 12.10(3), any subdivision, which does not meet the minimum site sizes, specified in tables 12:1, 12:2 and 12:3, is a non-complying activity.

Providing for more than one dwelling per site in the landforms is likely to lead to subsequent pressure for subdivision as separate titles are sought for each dwelling. It is for this reason that, in general, the multiple dwelling provisions seek to ensure that no more dwellings are provided for than would occur if the site were subdivided in accordance with the minimum site areas set out in table 12.1 and one dwelling was located on each site.

It is considered that the Plan makes suitable allowance for multiple dwellings within the landforms as a discretionary activity. This activity status allows the Council to control the types of development being undertaken to ensure that the natural characteristics of each landform are maintained and any adverse effects are avoided, remedied or mitigated.

It is therefore not considered necessary to include a density provision for residential dwellings into the landforms and it is recommended that the submissions be rejected.

Planner's recommendations about submissions relating to density controls

That submissions 526/4, 526/5, 527/4, 527/5, 528/4, 528/5, 529/4, 529/5, 539/4, 539/5, 1091/6, 1091/7, 1091/8 be rejected.

4.3 Submissions relating to activities

Submissions dealt with in this section: 284/3, 526/6, 527/6, 528/6, 529/6, 539/6, 526/9, 527/9, 528/9, 529/9, 539/9, 1288/135, 1288/136, 1288/137, 1288/138, 1288/140

4.3.1 Decisions requested

Submission 284/3 seeks that the provisions for landform 5 (productive land) and landform 6 (regenerating slopes), in relation to land use activities, be amended so that a more proactive approach to sustainable development is encouraged and facilitated.

Submissions 526/6, 527/6, 528/6, 529/6, 539/6 seek to extend the new winery activity, which has been introduced to the Plan in other landforms. This activity is only provided in landform 3 (alluvial flats) and landform 5 (productive land) and commercial 5 (industrial). Allow this activity as a restricted discretionary activity in other non-residential landforms.

Submissions 526/9, 527/9, 528/9, 529/9, 539/9 seeks to extend the rural property management plan provision to additional landforms including landforms 1 (coastal cliffs and slopes), 2 (dune systems and sand flats) and 4 (wetland systems) to recognise large lots which cover multiple landforms and which require an integrated and cohesive management plan for the entire property.

Submission 1288/135 seeks that the activity table be amended to provide for rural activities and buildings such as farm buildings and drainage activities within specified thresholds.

Submission 1288/136 seeks to include outdoor adventure activities as a restricted discretionary activity where they involve buildings or structures.

Submission 1288/137 seeks to include management and enhancement activities that facilitate wetland management

Submission 1288/138 seeks that farming related buildings be included as a controlled activity.

Submission 1288/140 seeks to include the following activities in all rural land units on Great Barrier:

Activity
Status

Cafes/restaurants

RD

Outdoor recreation/adventure activities

RD

Residential use

P

Wineries

RD

Farm buildings

C

Art galleries and museums

RD

Care centres

RD

Educational facilities

D

Function facilities

D

Integrated visitor development

D

Open air markets

RD

Comprehensive management plans

D

Tourist complexes

D

Helipads

D

Windmill towers to 15m for generation of electricity

RD

Churches and places of worship, and church towers

RD

Disposal of treated wastewater

RD

Clustered residential developments

RD

Minor dwellings

RD

Forest harvesting

D

Management and enhancement activities that facilitate wetland management.

RD

Sustainable farming and land management#

P

4.3.2 Planner's analysis and recommendations

4.3.2.1 Submission 284/3 – proactive approach to sustainable development

The submissions seek that the land unit take a more proactive approach to sustainable development through amendments to the land use activities. The submissions state that the land unit does not allow a sustainable approach to the management and enhancement of the land and it is suggested that a comprehensive management plan could be adopted.

It should be noted that the purpose of the RMA is to promote sustainable management of natural and physical resources. Sustainable management is a complex concept, which involves a range of considerations, including the following;

  • Managing the adverse effects of human activities on the environment
  • Considering the natural environment
  • Enabling people to meet their needs
  • Considering future generations

The Plan is one of the tools, which the council uses to promote sustainable management, and is most effective when used together with other council regulatory and non-regulatory methods and initiatives.

The Plan encourages, and in some cases requires that particular methods be used as part of development to promote sustainable management. One example of this, in relation to landform 5 (productive land) and landform 6 (regenerating slopes) is the controlling of the type, scale and location of activities and development in order to avoid, remedy or mitigate any adverse effects on the environment.

The submitter suggests that a comprehensive management plan could be adopted as a way of achieving a more proactive approach to sustainable development. A comprehensive management plan is a means of providing for integrated land use and subdivision proposals that relate to the whole of a property and include land management, enhancement and environmental protection outcomes.

The topic of comprehensive management plans has been addressed in the hearing report for text – general and land units and settlement areas – general, and part 12 subdivision. As a result of the hearing of these reports, the council is looking to provide for rural property management plans in all land units where the activity is not currently provided for although this will require further investigation to be undertaken.

Rural property management plans are provided for as a permitted activity within the land unit. Provision of these management plans within the land unit allows property owners to plan the land use of their property is a holistic way.

It is considered that part 12 - Subdivision, of the Plan already appropriately recognises the relationship between subdivision and the effects on landscape character from built forms (such as dwellings) that may arise from subsequent land use activities on any new sites created.

As discussed in the above mentioned hearing reports, comprehensive management plan type provisions are sometimes used in district plans to secure replanting or protection of existing bush or other features in return for allowing smaller site sizes than would otherwise be permitted. However it is considered that the Plan already provides appropriately for this by means of the subdivision provisions (in clauses 12.9.3 and 12.9.4) relating to the protection of significant environmental features, and associated cluster subdivision.

It is considered that rural property management plans provide a holistic approach to land use which promotes sustainable development. Therefore it is recommended that the submission be rejected.

4.3.2.2 Submissions 526/6, 527/6, 528/6, 529/6, 539/6 – winery activity

Winery is defined in Part 14 of the Plan as:

" Winery means land or buildings used for the processing, and fermentation of grapes into wine, and may include bottling facilities, wine-tasting and ancillary wine retailing.

It does not include any of the following:

  • visitor accommodation
  • restaurants, cafes or other eating places
  • function facilities."

As acknowledged by the submitter, winery is currently provided for as a discretionary activity in landforms 3 and 5 and Commercial 5. The Plan also provides for wineries as a discretionary activity within the 'Onetangi Road' area of Rural 1.The submission seeks that the activity be included in non-residential landforms and particularly mentions landforms 6 and 7.

It is considered that landform 6 (regenerating slopes) would not be a suitable location to provide for wineries as the area has high ecological values and high visual amenity due to its visual prominence in both coastal locations and as a backdrop to settlement areas. There are generally few, small scattered buildings within the land unit. The Plan currently limits activities that can occur within the land unit to avoid activities which could adversely effect the important natural features of the land unit.

Similarly, landform 7 (forest and bush areas) is another landform which make a significant contribution to the natural character, conservation, ecological and visual amenity values of the islands. Landform 7 includes areas of extensive podocarp and broadleaf forest areas, along with areas of secondary regenerating forest and some isolated areas of manuka and kanuka. These areas are recognised to have survived or significantly recovered from milling activity in the past and there is generally an absence of built structures.

The resource management strategy for landform 7 is to limit activities to those of a low intensity and to require any new buildings to be assessed to ensure that there will be no adverse effects on the natural character and conservation, ecological and visual amenity value of the land unit.

It is considered that the Plan adequately provides for wineries in the landforms where the activity is appropriate. It is recommended that the submissions be rejected.

4.3.2.3 Submissions 526/9, 527/9, 528/9, 529/9, 539/9 – rural property management plan

Rural property management plan is defined in part 14 of the Plan as follows:

" Rural property management plan means a long term management plan which comprehensively details all land use activities proposed to be undertaken on a site, including the location of buildings and activities, and the mitigation of effects proposed to manage adverse effects from those buildings and activities."

The Plan provides for rural property management plans as a separately listed activity in the following land units:

Land unit
Activity status for rural property management plans

Landform 2 (dune systems and sand flats) - sand flats area only

Landform 3 (alluvial flats)

Landform 5 (productive land)

Landform 6 (regenerating slopes)

Landform 7 (forest and bush areas)

Discretionary

Rural property management plans are intended to provide a means by which a landowner or occupier can plan comprehensively, and on a long term basis, for the use of a site, and obtain a consent for a range of buildings and activities which may otherwise require a succession of separate consents on an ad hoc basis.

Rural property management plans are not provided for in landform 1 (coastal cliffs and slopes), landform 4 (wetland systems) or in the dune systems area within landform 2 (dune systems and sand flats). Land with these classifications is environmentally sensitive and the only permitted activity listed within the Plan is ecosourced planting.

It is recognised that rural property management plans provide landowners with the opportunity to plan holistically for development on their properties and it is therefore considered that inclusion of the activity in landforms 1, 2 and 4 could facilitate protection and restoration of these environmentally sensitive areas. It is noted however that the Plan would need to incorporate criteria to ensure that protection and restoration occurs and that these sensitive landforms benefit from rural property management plans.

This issue has been raised in previous hearings and officers area still considering the implications of their inclusion in Landforms 1, 2 & 4. It is considered that further work is required on this topic and therefore, no recommendation is made in relation to the submissions at this time.

4.3.2.4 Submissions 1288/135, 1288/136, 1288/137, 1288/138, 1288/140 – activities to be included

The submitter seeks that a number of new activities be included in the activity tables for all the rural land units on Great Barrier as follows:

Activity
Status sought

Cafés/restaurants

RD

Outdoor recreation/adventure activities

RD

Residential use

P

Wineries

RD

Farm buildings

C

Art galleries and museums

RD

Care centres

RD

Educational facilities

D

Function facilities

D

Integrated visitor development

D

Open air markets

RD

Comprehensive management plans

D

Tourist complexes

D

Helipads

D

Windmill towers to 15m for generation of electricity

RD

Churches and places of worship, and church towers

RD

Disposal of treated wastewater

RD

Clustered residential developments

RD

Minor dwellings

RD

Forest harvesting

D

Management and enhancement activities that facilitate wetland management.

RD

Sustainable farming and land management

P

It is assumed that the rural land units that the submitter is referring to are the landform land units as these are the only 'rural' type land units on Great Barrier. Each landform land unit contains an individual activity table indicating the activities that could be appropriate for inclusion within that land unit. The landform land units are reflective of the natural character and environment contained in that land unit and the intention of the land units is to protect this natural character, while allowing some activities that are considered not to result in adverse effects.

In order to manage growth on Great Barrier, settlement areas have been established. The settlement areas are areas of historic settlement and are important centres for the community on the island. It is intended that growth and development on Great Barrier be focussed in the settlement areas in order for the community to undertake activities that assist with the economy of the island, while also recognising the key asset to the island is the natural environment.

Several of the activities requested by the submitter have been provided for (to some extent) within these designated settlement areas including:

  • Cafés/Restaurants
  • Residential Use (provided for as dwellings (one per site)) (this activity is also provided for in the landforms)
  • Art galleries and museums
  • Care centres
  • Educational facilities
  • Function facilities
  • Open air markets
  • Tourist complexes
  • Churches and places of worship, and church towers (provided for as community facilities)

As discussed above, it is intended that growth and development on Great Barrier be focussed within the settlement areas. It is considered that the above activities are more intensive in nature and therefore are appropriately included in the settlement areas for the island. It is not considered appropriate to include such activities in the landform land units.

Of the activities requested by the submitter, the following activities are not provided for within the settlement areas:

  • Comprehensive management plans
  • Clustered residential development
  • Disposal of treated wastewater
  • Farm buildings
  • Forest harvesting
  • Helipads
  • Integrated visitor development
  • Management and enhancement activities that facilitate wetland management.
  • Minor dwellings
  • Outdoor recreation/adventure activities
  • Sustainable farming and land management
  • Windmill towers
  • Wineries
Comprehensive management plans

As described in other subparts of the submission, a comprehensive management plan is a means of providing for integrated land use and subdivision proposals that relate to the whole of a property and include land management, enhancement, and environmental protection outcomes. The submissions suggest that comprehensive management plans should be provided for as a discretionary activity in the landform land units (with the exception of landforms 1-4). The submitter suggests that the Plan should also be amended to include allied assessment criteria and an appendix containing environmental and design principles.

The topic of comprehensive management plans has been addressed in the hearing report for text – general, land units and settlement areas – general, part 10 and 10a - general and part 12 subdivision.

It is considered that part 12 – Subdivision, of the Plan already appropriately recognises the relationship between subdivision and the effects on landscape character from built forms (such as dwellings) that may arise from subsequent land use activities on any new sites created.

As discussed in the above mentioned hearing reports, comprehensive management plan type provisions are sometimes used in district plans to secure replanting or protection of existing bush or other features in return for allowing smaller site sizes than would otherwise be permitted. However it is considered that the Plan already provides appropriately for this by means of the subdivision provisions (in clauses 12.9.3 and 12.9.4) relating to the protection of significant environmental features, and associated cluster subdivision.

It is not recommended that comprehensive management plans be included in all the landform land unit.

Disposal of treated wastewater

It is not clear from the submission what relief the submitter is seeking with respect to this matter. The submitter is therefore encouraged to attend the hearing to provide further information on this topic. A recommendation with respect to this part of the submission will be reserved until further information is received.

Farm buildings

The submitter seeks that farm buildings be provided for as a controlled activity within the landform land units. It is recognised that farm buildings could be more adequately provided for within the Plan. This matter has been addressed in part 14 under the definition of pastoral farming where the following amendment to the definition has been recommended:

" Pastoral farming means the growing of grass and fodder crops on which stock are grazed.   It includes the associated use of land and buildings. It does not include the grazing of deer or goats."

Pastoral farming is provided for as a permitted activity in landform 2 (sand flats area), landform 3 (alluvial flats) and landform 5 (productive land) and it is considered that these land units adequately provide for farming activities, and with the amended definition, farming buildings within the landform land units.

It is not considered that there is a need for farm buildings outside of the land units that provide for pastoral farming and therefore it is not considered necessary to include farm buildings as a separate activity. It is considered that farm buildings are adequately provided for in the landform land units.

Forest harvesting

The submitter seeks that forest harvesting be provided for as a discretionary activity within the landform land units. Forestry is currently provided for as a discretionary activity in landform 3 (alluvial flats) and landform 5 (productive land). It is considered that these two land units are the most appropriate location for forestry to be provided as the impacts on indigenous vegetation, such as that contained in landforms 6 and 7, and sensitive natural environments, such as landforms 1, 2 and 4 are the most limited.

It is noted that "continuous canopy native forestry" is likely to be provided for, through the decision report for landforms and settlement areas (general) is likely to provide for this in landforms 2, 3, 5, 6 and 7.

It is considered that there is adequate provision within the landform land units for forestry and no additional provisions are recommended.

Helipads

The submitter seeks that helipads be provided for as a restricted discretionary activity in all landform land units. Helipads are dealt with in part 13 of the Plan and in particular, clause 13.8 refers to the rules in relation to helipads and airstrips. Clause 13.8.2 – permitted activities includes the following rule:

"For Great Barrier only, helipads and airstrips are permitted in landform 1-7, where:

1. No more than three inward and three outward movements occur in a seven day period; and
2. The noise from any landing area does not exceed an L max of 85dBA measured at any adjacent notional boundary with a residential use on an adjacent site."

If the helipad does not comply with the criteria above, it is classed as a discretionary activity in landforms 1-7.

Other submissions on helipads were considered in the hearing report on part 13 and it is therefore considered that helipads are adequately provided for in the landform land units and there is no requirement to include them as a separate activity in the activity tables.

Integrated visitor development

The submitter seeks that integrated visitor development be provided for as a discretionary activity within the land unit.

Integrated visitor development is defined in part 14 of the Plan as:

"Integrated visitor development means a comprehensive proposal for all buildings and activities associated with a visitor development. It may include one or more of the following:

  • visitor accommodation
  • restaurants, café and other eating places
  • tourist complex
  • visitor information centre
  • dairy
  • management and maintenance facilities and service infrastructure."

Currently this activity is only provided in visitor areas A and B within the Rotoroa land unit, as a discretionary activity.

The activities included in the integrated visitor development definition are not considered appropriate for inclusion in the landform land units. This is because the Plan aims to focus growth and development on Great Barrier to the settlement areas and most of the activities, which make up integrated visitor development are already provided for within the settlement areas.

Management and enhancement activities that facilitate wetland management

The submitter seeks that management and enhancement activities that facilitate wetland management be included as a restricted discretionary activity within the landform land units. Landform 4 (wetland systems) is a land unit devoted to the protection of the natural character and the ecological and hydrological value of wetland systems.

As stated in the introductory paragraph of the land unit, landform 4 is applied to fresh water wetlands that drain to rivers, streams or estuaries and to areas of land that support a prevalence of vegetation typically adapted for life in saturated soil conditions. It is not practicable for the council to map and identify all watercourses and wetlands or to attempt to show on the planning maps all the minor stream and wetland systems and major ephemeral watercourses that feed into them. This would require a considerable amount of additional mapping work and would affect the legibility of the maps.

It is considered that wetlands of particular ecological significance are protected through the SES provisions. SES provisions are provided for within part 7 – Heritage of the Plan and reference to this relationship is stated in clause 10a.5.7 Relationship with rules in other parts of the Plan, as it is done so for all parts of the Plan where a specific relationship is identified. The Plan also specifies protection yards for wetland and water bodies which protects streams and wetlands which are not identified as landform 4 or as being a site of ecological significance.

Planning maps are another important reference which allows users to clearly identify the relevant land unit/s (Map 1) and any scheduled items, natural hazards, roading and other additional limitations (Map 2) which could apply to a property.

It is not clear from the submission what management and enhancement activities the submitter seeks to be included in the land units. The submitter is encouraged to attend the hearing to discuss this matter further. At this time it is not recommended that any alterations be made to the landform land units.

Minor dwellings

This term is not defined in the Plan or provided for in any other land units or settlement areas. The topic of minor dwellings is addressed in the hearings report for the island residential land units. The report considers that the rationale for providing minor dwellings or 'granny flats' is that the family member can lead an independent life while being close to family for support. Usually these 'granny flats' are situated on a site in addition to the main dwelling.

It is considered in the report that the following issues are associated with providing for this type of accommodation in the past include:

  • How is the council able to determine that this type of accommodation will be used for the purpose it is intended (e.g. not rented out privately)?
  • What should happen to the accommodation when the family member does not require the unit anymore?
  • What relationship should this type of accommodation have to the main dwelling in terms of size, proximity to main dwelling and parking provision?
  • What will be the potential effects of providing for this type of accommodation in these locations?

The recommendation in the island residential hearing report is to decline requests for the inclusion of minor dwellings in the Plan due to the issues identified above and this recommendation is also adopted for the above submissions which request that minor dwellings be provided for within the landform land units on Great Barrier.

Outdoor recreation/adventure activities

Part 14 of the Plan provides:

" Outdoor adventure activities means an adventure sport undertaken outdoors. It includes paintball, mountain biking and associated tracks, bungyjumping, kayaking, and other outdoor pursuits. It does not include motorised activities such as motorcross or go-karting."

Outdoor adventure activities are currently provided for as a discretionary activity within landform 3 (alluvial flats). The submitter seeks a restricted discretionary status for the activity in all landform land units. It is considered that this activity could be provided for in other landform land units such as landforms 5 and 6. However, in the most sensitive landforms (landforms 1, 2, 4 and 7) it is considered that such activities could result in significant adverse effects on the natural character and high amenity value of these areas.

Landform 5 (productive land) could be a suitable location for outdoor adventure activities. The land unit provides for large scale rural activities on the islands and it is recognised that outdoor adventure activities could provide an additional source of income to landowners, therefore contributing to their social and economic wellbeing, while maintaining the rural character of the land unit. This is in line with the objectives and policies for the land unit.

A restricted discretionary activity status for outdoor adventure activities could be appropriate in this land unit if the matters for discretion can be narrowed down to a few key issues. Matters such as noise, hours of operation, scale of activity and buildings, parking and traffic generation are all factors, which would need to be considered to ensure that the activity will not detract from the rural character of the land unit.

It is also considered that a discretionary activity status could be applied in the landform 5 land unit and to landform 2 (sand flats area only), as there could be a number of factors, depending on the nature of the activity, that could result in adverse effects on the natural environment.

Landform 6 (regenerating slopes) could also be a suitable location for outdoor adventure activities. It is considered however that the activity could result in adverse effects on the natural character, ecological and visual amenity value of the land unit, which would be contrary to the objectives and policies of the land unit. On balance, the activity should be included in the land unit as a discretionary activity to ensure that a resource consent application can be assessed for any potential adverse effects on the surrounding environment.

Sustainable farming and land management

 It is not clear from the submission exactly what is sought by the submitter. The Plan addresses sustainable management in part 2. It recognises that the purpose of the RMA is 'to promote the sustainable management of natural and physical resources' and that the Plan is one of the tools used by the Council to promote sustainable management

Sustainable management is a complex matter that involves a range of considerations including the following:

  • managing the adverse effects of human activities on the environment
  • considering the natural environment
  • enabling people to meet their needs
  • considering future generations

All of these factors have been considered with respect to farming and land uses on the islands. It is considered that farming activities are most sustainable on landforms 3 (alluvial flats) and 5 (productive land). Therefore, pastoral farming is a permitted activity in landform 3 (alluvial flats), landform 5 (productive land) and landform 2 (sand flats area only). It is also recognised that farming sometimes requires ancillary activities in order to make the use of the whole property sustainable. This is why a number of non-rural activities have been provided for in landforms 3 and 5.

It is therefore considered that the Plan makes adequate provision for sustainable farming and land management.

Windmill towers (to 15m)

Windmills are not currently provided for as a specified activity within the Plan. A windmill falls within the definition of a building in the Plan and therefore each application will be subject to any controls within the individual land unit and any development control s in part 10c. The standard height limit for landforms 1-7 is 6m however it is recognised that extra height may be warranted for some types of windmill. Additional height can be considered as a development control modification under clause 10c.3.

The submitter is seeking a restricted discretionary status for this activity in all landform land units and it is considered that this status is appropriate for those land units where the construction and relocation of buildings is currently provided for as a restricted discretionary activity. It is not considered appropriate however, to alter the activity status for this activity, in any of the land units where the construction and relocation of buildings is either a permitted or non-complying activity.

Wineries

Currently the Plan provides for wineries as a discretionary activity within landforms 3 (alluvial flats) and 5 (productive land) however, it has been recommended in the hearing reports for these land units that this status be amended to a permitted activity. It is considered that a permitted status more adequately represents the objectives and policies of the land unit and recognises that wineries provide for the economic and social wellbeing of the community by encouraging tourists and visitors to the island.

It is not considered appropriate to provide for wineries in other landform land units as it is recognised that wineries can result in substantial modification and adverse effects on the natural environment. It is also for this reason that it is not considered appropriate to alter the status of the activity to restricted discretionary as suggested by the submitter.

It is considered that wineries are adequately provided for in the landform land units.

It is therefore recommended that that submissions 1288/135, 1288/136 and 1288/140 be accepted in part with the amendments recommended above being included in the Plan and it is recommended that submissions 1288/137 and 1288/138 be rejected.

Planner's recommendations about submissions relating to activities

At this time it is not considered that a recommendation can be made with respect to submissions 526/9, 527/9, 528/9, 529/9, 539/9

That submissions 1288/135, 1288/136, 1288/140 be accepted in part and that amendments to the Plan be made according to Appendix 3.

That submissions 284/3, 526/6, 527/6, 528/6, 529/6, 539/6, 288/137, 1288/137, 1288/138 be rejected.

4.4 Submissions about the Waiheke Airfield, 171 Carsons Road.

Submissions dealt with in this section: 1100/2, 1100/3

4.4.1 Decisions requested

Submission 1100/2 seeks that a separate special purpose zone or landform for Waiheke Airfield at 171 Carsons Road should incorporate the relevant conditions of the original consent as set out in Appendix H of the Operative Plan.

Submission 1100/3 seeks that the separate special purpose zone or landform for Waiheke Airfield at 171 Carsons Road should provide for visitor accommodation, dwellings, offices workshops, and hangars (which are associated with the airfield and which support the airfield activity), as controlled activities or restricted discretionary activities. Criteria should include the visibility and visual appearance of the buildings, materials and colour, noise attenuation, vegetation management, earthworks, stormwater management and effluent treatment and disposal.

4.4.2 Planner's analysis and recommendations

Most of the property at 171 Carsons Road is classified landform 5 (productive land) with the rest of the property being made up of small areas of both landform 7 (forest and bush areas) and landform 6 (regenerating slopes). The property contains a site of ecological significance (SES) containing complex regenerating kanuka with mature forest remnants.

The submitter, Waiheke Island Airpark Resort Ltd, seeks that several activities be included in the special purpose zone proposed. It is noted that dwellings and visitor accommodation have already been provided for within landform 5. Offices, workshops and hangars are not generally considered appropriate for inclusion within this land unit, however it is noted that resource consent has been previously granted for a hangar at the address.

Existing activities being undertaken on the property are covered by current resource consents and it is therefore not considered necessary to create a unique land unit for these activities. Currently a resource consent to expand the operations at the property is being processed and this application has raised issues in relation to adverse effects from the expansion of the activity.

The submitter has not provided sufficient analysis of the effects that this special purpose zone would have on the surrounding environment and it is therefore recommended that the submission be rejected.

Planner's recommendations about submissions relating to the Waiheke Airfield

That submissions 1100/2 and 1100/3 be rejected.

4.5 Submissions about forestry, firewood harvesting and vegetation clearance

Submissions dealt with in this section:   22/1, 129/4, 130/4, 132/4, 172/4, 176/2, 237/4, 241/4, 242/4, 243/4, 244/4, 270/4, 271/4, 272/4, 274/4, 275/4, 1528/4, 1543/4, 1967/1, 2380/1, 3036/1, 3425/4, 3426/4, 3427/4, 3428/4, 3429/4, 3430/4, 3431/4, 3432/4, 3433/4, 3434/4, 3435/4, 3436/4, 3437/4, 3438/4, 3439/4, 3440/4, 3441/4, 3442/4, 3443/4, 3444/4, 3445/4, 3446/4, 3447/4, 3448/4, 3449/4, 3450/4, 3451/4, 3452/4, 3453/4, 3454/4, 3455/4, 3456/4, 3457/4, 3458/4, 3459/4, 3460/4, 3461/4, 3462/4, 3463/4, 3464/4, 3465/4, 3466/4, 3467/4, 3468/4, 3469/4, 3470/4, 3471/4, 3472/4, 3473/4, 3474/4, 3475/4, 3476/4, 3477/4, 3478/4, 3479/4, 3480/4, 3481/4, 3482/4, 3483/4, 3484/4, 3485/4, 3486/4, 3487/2, 3488/4, 3488/6, 3489/4, 3490/4, 3491/4, 3492/4, 3493/4, 3494/4, 3495/4, 3496/4, 3497/4, 3498/4, 3499/4, 3500/4, 3501/4, 3502/4, 3503/4, 3504/4, 3505/4, 3507/4, 3511/4, 3581/5, 3851/4, 3852/2, 3857/4

4.5.1 Decisions requested

Submission 22/1 seeks the farming of kanuka and manuka up to any height and size for firewood, oil or bio-fuel production on Great Barrier.

Submissions 129/4, 130/4, 132/4, 172/4, 237/4, 241/4, 242/4, 243/4, 244/4, 270/4, 271/4, 272/4, 274/4, 275/4, 3425/4, 3426/4, 3427/4, 3428/4, 3429/4, 3430/4, 3431/4, 3432/4, 3433/4, 3434/4, 3435/4, 3436/4, 3437/4, 3438/4, 3439/4, 3440/4, 3441/4, 3442/4, 3443/4, 3444/4, 3445/4, 3446/4, 3447/4, 3448/4, 3449/4, 3450/4, 3451/4, 3452/4, 3453/4, 3454/4, 3455/4, 3456/4, 3457/4, 3458/4, 3459/4, 3460/4, 3461/4, 3462/4, 3463/4, 3464/4, 3465/4, 3466/4, 3467/4, 3468/4, 3469/4, 3470/4, 3471/4, 3472/4, 3473/4, 3474/4, 3475/4, 3476/4, 3477/4, 3478/4, 3479/4, 3480/4, 3481/4, 3482/4, 3483/4, 3484/4, 3485/4, 3486/4, 3487/2, 3488/4, 3489/4, 3490/4, 3491/4, 3492/4, 3493/4, 3494/4, 3495/4, 3496/4, 3497/4, 3498/4, 3499/4, 3500/4, 3501/4, 3502/4, 3503/4, 3504/4, 3505/4, 3507/4, 3511/4, 3581/5, 3851/4, 3852/2, 3857/4 would like to see a sensible, practical solution to clearance of vegetation/bush and selected firewood harvesting on Great Barrier and provision for commercial/personal domestic firewood harvesting and provision for sustainable foresting and firewood harvesting as a discretionary activity on certain block sizes throughout the island subject to owners signing up to one range of management plans which would be included in the Plan.

Submission 176/2 seeks the addition of firewood harvesting of manuka and kanuka on landform 3, 5, 6, 7.

Submission 1967/1 seeks that the private or commercial harvesting of kanuka/manuka for firewood be permitted activity in any area..

Submission 2380/1 seeks that provision be made for cutting firewood commercially as a permitted activity.

Submission 3036/1 seeks to provide for the sustainable harvesting of firewood (manuka, kanuka) as a permitted activity.

Submission 3488/6 seeks provision to be made for areas specifically identified for the tree cropping of kanuka/manuka. These areas to be cleared, as in rotational grazing, and reseeded from the spreading of the cut canopy over the cleared areas from which it was obtained.

4.5.2 Planner's analysis and recommendations

4.5.2.1 Submission 22/1 – farming of kanuka and manuka

The submitter seeks the farming of kanuka and manuka up to any height and size for firewood, oil or bio-fuel production on Great Barrier.

Firewood is considered in later sections of this report as it is recognised that the Plan could make more adequate provision for the firewood needs of residents, especially those on Great Barrier.

Currently the Plan allows for kanuka up to 6m to be removed as a permitted activity (with manuka removal being permitted up to 3m in height). Other than this, the felling of kanuka and manuka, other than for domestic firewood (within the criteria detailed in sections of the report below) or for commercial firewood harvesting (with the relevant resource consent) the activity would be considered as forestry.

It is therefore recommended that the submission be rejected.

4.5.2.2 Submissions 129/4, 130/4, 132/4, 172/4, 176/2, 237/4, 241/4, 242/4, 243/4, 244/4, 270/4, 271/4, 272/4, 274/4, 275/4, 1528/4, 1543/4, 1967/1, 2380/1, 3036/1, 3425/4, 3426/4, 3427/4, 3428/4, 3429/4, 3430/4, 3431/4, 3432/4, 3433/4, 3434/4, 3435/4, 3436/4, 3437/4, 3438/4, 3439/4, 3440/4, 3441/4, 3442/4, 3443/4, 3444/4, 3445/4, 3446/4, 3447/4, 3448/4, 3449/4, 3450/4, 3451/4, 3452/4, 3453/4, 3454/4, 3455/4, 3456/4, 3457/4, 3458/4, 3459/4, 3460/4, 3461/4, 3462/4, 3463/4, 3464/4, 3465/4, 3466/4, 3467/4, 3468/4, 3469/4, 3470/4, 3471/4, 3472/4, 3473/4, 3474/4, 3475/4, 3476/4, 3477/4, 3478/4, 3479/4, 3480/4, 3481/4, 3482/4, 3483/4, 3484/4, 3485/4, 3486/4, 3487/2, 3488/4, 3489/4, 3490/4, 3491/4, 3492/4, 3493/4, 3494/4, 3495/4, 3496/4, 3497/4, 3498/4, 3499/4, 3500/4, 3501/4, 3502/4, 3503/4, 3504/4, 3505/4, 3507/4, 3511/4, 3581/5, 3851/4, 3852/2, 3857/4 – forestry, firewood harvesting and vegetation clearance.

Forestry

Forestry is defined in Part 14 of the Plan as:

"Forestry means the management of land for commercial wood production including the extraction of timber.

It does not include any of the following:

  • the milling or processing of timber
  • commercial firewood harvesting."

Forestry is currently provided for as a discretionary activity within landform 3 (alluvial flats) and landform 5 (productive land). As discussed in section 4.3.2.4above, these two land units are considered the most appropriate land units to provide for forestry. Landforms 3 and 5 are both, in the majority, covered in pasture and therefore there is limited interference with indigenous vegetation such as the vegetation found on landforms 6 and 7. It is also considered that in land units made up of sensitive natural areas, such as landforms 1, 2, and 4, it is not appropriate to include such activities as the potential for adverse effects on the natural environment is high.

Forestry activities are not expected to comply with any other vegetation clearance controls set out in part 10c of the Plan. It is considered that the discretionary status of the activity allows the Council to assess the suitability of each application for forestry on a case by case basis.

It is therefore not recommended that forestry be included anywhere else in the Plan.

Firewood harvesting

It is recognised that the Plan could better acknowledge the needs of residents in relation to the harvesting of firewood.

Currently commercial firewood harvesting is defined in part 14 of the Plan as:

" Commercial firewood harvesting means the harvesting of manuka, kanuka or any exotic species for the production and sale of firewood. It does not include other activities associated with the milling or processing of trees."

Commercial firewood harvesting is provided for as a discretionary activity in landform 3 (alluvial flats) and landform 5 (productive land). It is noted that commercial firewood harvesting is not required to comply with any other vegetation controls contained in part 10c of the Plan.

It is considered that a management plan should be required with each application for commercial firewood harvesting so that matters such as the phasing and amounts of felling are addressed and can be considered by the council. Further work is required to incorporate the need for a management plan into the provisions for commercial firewood harvesting.

It is considered that commercial firewood harvesting could be provided for within landform 6 (regenerating slopes). This land unit contains extensive areas of bush in varying rates of regeneration. It is considered suitable to include commercial firewood harvesting in this land unit, as this is where vegetation is most abundant and therefore the impacts of managed vegetation removal would be less.

It is recommended that commercial firewood harvesting be included in landform 6 (regenerating slopes) as a discretionary activity.

The discretionary status of the activity allows the Council to assess each application for commercial firewood harvesting on a case by case basis. It is considered that the most efficient way of ensuring that firewood harvesting is sustainable is to ensure that all commercial operations are required to obtain resource consent. This way, the Council is able to monitor the total quantity of firewood being harvested and ensure that harvesting is kept to a sustainable level..

It is recognised that the Plan does not currently make specific allowance for domestic firewood harvesting and it is considered that this activity could be more appropriately provided for. It is noted however that the Plan does permit the removal of Kanuka of up to 6m in height on Great Barrier.

It is considered important to include a definition of the activity to outline what is intended by domestic firewood harvesting. The following definition could be appropriate:

"Domestic firewood harvesting

Means the harvesting of any species of vegetation for the purpose of domestic firewood.

It does not include other activities associated with the milling or processing of trees or the sale of firewood."

This definition should be included in part 14 – Definitions, of the Plan.

It is considered that both Waiheke and Great Barrier have needs for domestic firewood harvesting, although it is recognised that the residents on Great Barrier are more reliant on firewood as a source of home heating, water heating and cooking.

It is recognised that the vegetation controls on Waiheke and Great Barrier are also different. There are no exotic species vegetation controls on Great Barrier, while on Waiheke, any exotic tree over 8m in height or 800mm girth is protected. Indigenous vegetation is also treated differently on the two islands. On Great Barrier it is a permitted activity to remove kanuka of up to 6m while it is only permitted to remove kanuka and manuka of up to 3m on Waiheke. It is therefore considered that separate provisions must be made for domestic firewood harvesting on each island.

It is considered that domestic firewood harvesting should be included in all the landform land units where dwellings are provided for to ensure that all landowner can meet their domestic firewood needs. It is therefore necessary to provide for domestic firewood harvesting as a permitted activity in the following land units:

  • landform 2 (sand flats area only)
  • andform 3 (alluvial flats)
  • landform 5 (productive land)
  • landform 6 (regenerating slopes)
  • landform 7 (forest and bush areas)

It is also considered important to ensure that only the required amount of firewood is obtained by landowners each year. It is considered that 5m 3 of firewood will adequately provide for the domestic firewood needs of any dwelling. It is therefore recommended that this amount be provided as a permitted activity, per site, over a 12 month (January to December) period.

It is suggested that the following standards and terms be inserted into each land unit where domestic harvesting will be provided for:

Rules – standards and terms for domestic firewood harvesting

Domestic firewood harvesting will only be considered as a permitted activity where all of the following standards are met.

1. No more than 5m 3 of firewood is harvested per site, per 12 month (January to December) period is generated.

2. For Waiheke, indigenous vegetation up to 3m in height and exotic vegetation up to 8m in height is used.

3. For Great Barrier, indigenous vegetation up to 6m in height is used. Exotic vegetation can be used for domestic firewood on an 'unlimited basis' (i.e. there are no restrictions on height or volume)

Proposals which do not meet these standards are a discretionary activity.

It is also suggested that a note be included below the activity tables for landforms 2 (sand flats area only), 3 (alluvial flats), 5 (productive land), 6 (regenerating slopes) and 7 (forest and bush areas) to confirm that domestic firewood harvesting "is not expected to comply with the vegetation clearance controls set out in part 10c – Development controls for land units and settlement areas".

Assessment criteria will be required in part 11, in particular, under clause 11.3.2. This criteria will be used for assessing proposals which are discretionary because they do not meet the standards and terms listed above. It is recommended that the following assessment criteria be applied to an application for domestic firewood harvesting:

  • The extent to which the proposed activity will adversely effect the natural environment
  • Whether the proposed activity affects natural habitats and ecological values
  • Whether the proposed activity affects visual and amenity values
  • Whether any mitigation measures have been included in the application such as replanting elsewhere on the property
  • Whether there are species listed in appendix 6 – list of threatened and unusual plant and animal species located within or adjacent to the area subject to the activity
  • Whether the proposed activity is likely to result in subsidence or erosion
  • Whether the applicant can display a need for the quantity proposed
Vegetation clearance

It is recognised that the rules relating to vegetation clearance in the Plan could be amended to be made clearer and easier to interpret for Plan users. This topic is addressed in more detail in the hearing report for part 10c and therefore no recommendations on this matter will be made in this report.

It is therefore recommended that the submissions be accepted in part and that the recommended amendments above be adopted in the relevant land units.

4.5.2.3 Submission 3488/6 – cropping of kanuka/manuka

The submission seeks provision to be made for areas specifically identified for the tree cropping of kanuka/manuka. These areas to be cleared, as in rotational grazing, and reseeded from the spreading of the cut canopy over the cleared areas from which it was obtained.

It is not clear from the submission where in the Plan the submitter seeks for the requested activity to be included.

It is considered that the activity described by the submitter would fall within the definition of forestry and forestry is currently provided in landforms 3 (alluvial flats) and 5 (productive land) as discussed in section 4.5.2.2above.

It is considered that forestry activity is appropriately provided for within the Plan and therefore it is recommended that this submission be accepted in part in that it appears to support the inclusion of forestry in the Plan.

Planner's recommendations about submissions relating to forestry, firewood harvesting and vegetation clearance.

That submissions 22/1, 129/4, 130/4, 132/4, 172/4, 176/2, 237/4, 241/4, 242/4, 243/4, 244/4, 270/4, 271/4, 272/4, 274/4, 275/4, 1528/4, 1543/4, 1967/1, 2380/1, 3036/1, 3425/4, 3426/4, 3427/4, 3428/4, 3429/4, 3430/4, 3431/4, 3432/4, 3433/4, 3434/4, 3435/4, 3436/4, 3437/4, 3438/4, 3439/4, 3440/4, 3441/4, 3442/4, 3443/4, 3444/4, 3445/4, 3446/4, 3447/4, 3448/4, 3449/4, 3450/4, 3451/4, 3452/4, 3453/4, 3454/4, 3455/4, 3456/4, 3457/4, 3458/4, 3459/4, 3460/4, 3461/4, 3462/4, 3463/4, 3464/4, 3465/4, 3466/4, 3467/4, 3468/4, 3469/4, 3470/4, 3471/4, 3472/4, 3473/4, 3474/4, 3475/4, 3476/4, 3477/4, 3478/4, 3479/4, 3480/4, 3481/4, 3482/4, 3483/4, 3484/4, 3485/4, 3486/4, 3487/2, 3488/4, 3489/4, 3490/4, 3491/4, 3492/4, 3493/4, 3494/4, 3495/4, 3496/4, 3497/4, 3498/4, 3499/4, 3500/4, 3501/4, 3502/4, 3503/4, 3504/4, 3505/4, 3507/4, 3511/4, 3581/5, 3851/4, 3852/2, 3857/4, 3488/6 be accepted in part and the Plan be amended in accordance with Appendix 3.  

4.6 Submissions about the inclusion of a new land unit

Submissions dealt with in this section: 1340/1, 1584/1, 1588/1, 2146/1, 2152/1, 2177/4, 2214/1, 2216/1

4.6.1 Decisions requested

Submissions 1340/1, 1584/1, 1588/1, 2146/1, 2152/1, 2177/4, 2214/1, 2216/1 seek to include a new land unit, "Land Unit – Landform 20 (farming and agriculture)" to the Plan.

4.6.2 Planner's analysis and recommendations

The submissions seek to include a new 'farming' land unit to the Plan specifically for small lots (up to 4ha) on Great Barrier. The submitters are concerned that the controls on land use activities within the Plan are too restrictive for small blocks of land.

Pastoral farming is defined in Part 14 of the Plan as:

" Pastoral farming means the growing of grass and fodder crops on which stock are grazed. It does not include the grazing of deer or goats ."

Currently the plan provides for pastoral farming in the following land units:

Land Unit
Status

Landform 2 (sand flats area only)

P

Landform 3 (alluvial flats)

P

Landform 5 (productive land)

P

Rural 1 (rural amenity)

P

Rural 2 (western landscape)

P

Farming activities do not always provide completely for the economic and social wellbeing of landowners, especially on small scale land holdings. In recognition of this, the appropriate land units provide for alternative activities to pastoral farming to be undertaken within the land unit. These activities include provisions for horticulture, visitor accommodation, wineries.

It is therefore considered that farming is adequately provided for within the Plan through its inclusion as a permitted activity in all appropriate land units and the provision for a range of activities which could be run in conjunction with the farm in order to provide additional income to landowners. A new land unit is not considered necessary.

It is therefore recommended that the submission be rejected.

Planner's recommendations about submissions relating to the inclusion of a new land unit

That submissions 1340/1, 1584/1, 1588/1, 2146/1, 2152/1, 2177/4, 2214/1, 2216/1 be rejected.  

4.7 Submissions about visitor facilities

Submission dealt with in this section: 1596/13

4.7.1 Decisions requested

Submission 1596/13 seeks that all visitor facilities (other than those established within a visitor-specific land unit) should be discretionary, and those for more than 10 persons should be non-complying.

4.7.2 Planner's analysis and recommendations

Currently the Plan provides for visitor accommodation in the following land units:

Land unit
Activity status for the construction and relocation of buildings
Activity status for visitor accommodation for up to 10 people
Activity status for visitor accommodation for over 10 people

Commercial 1 (Oneroa Village)

RD

D

D

Commercial 2 (Ostend Village)

RD

D

D

Matiatia

RD

P

P

Landform 3 (alluvial flats)

P

P

D

Landform 5 (productive land)

P

P

D

Landform 6 (regenerating slopes)

RD

P

D

Landform 7 (forest and bush areas)

RD

P

D

Settlement Areas (residential amenity areas)

D

D

D

Settlement Areas (local retailing areas)

RD

P

P

Settlement Areas (local retailing areas)

RD

D

D

Rural 1 (rural amenity)

RD

P

D

Rural 2 (western landscape)

RD

P

D

Where visitor accommodation (for up to 10 people) is provided within the landforms, it is given a permitted activity status. In most cases, with the exception of landforms 3 and 5, a restricted discretionary resource consent is still required if a new building is proposed to be constructed.

It is considered that the effects of the use of a dwelling compared with a visitor accommodation facility (for up to 10 people) are barely distinguishable and therefore it is considered that these activities are relatively interchangeable between one another.

It is considered that the permitted activity status of visitor accommodation (for up to 10 people) is appropriate for inclusion within the above land units.

Visitor accommodation (for more than 10 people) is provided for as a discretionary activity in the landforms, where appropriate. A discretionary status means that a resource consent must be obtained prior to the establishment of the activity and it provide the Council with the option to impose conditions on the consent, or to decline the consent completely should it be found inappropriate. The discretionary activity status indicates that while it is not considered that the activity would be suitable for all sites within the particular land unit, it is considered that there may be some cases where the activity is appropriate.

A non-complying activity, whilst still requiring a resource consent, indicates that the Council general believes that the activity is not really suitable anywhere within the land unit. Whilst the submitter may take this view, it is considered that with growth in visitor and tourist numbers to the island, provision should be made, where appropriate, to provide for larger scale accommodation facilities.

It is therefore considered that the activity status for both visitor accommodation (for up to 10 people) and visitor accommodation (for more than 10 people) are appropriate within the landform land units and it is recommended that the submission be rejected.

Planner's recommendations about submissions seeking alteration to the status of visitor accommodation.

That submission 1596/13 be rejected.

4.8 Submissions about designation of land at 29 Maungatawhiri Road, Great Barrier

Submission dealt with in this section: 2355/1

4.8.1 Decisions requested

Submission 2355/1 seeks that the land comprising the northeastern corner of 29 Maungatawhiri Road, Great Barrier be designated for the establishment of a synagogue and yeshiva with associated facilities – the land area occupying approximately one hectare.

4.8.2 Planner's analysis and recommendations

Currently the property which is subject to the submission is classified as landform 6 (regenerating slopes) and it is considered that this landform accurately represents the natural character and vegetation cover of the property.

In order to designate land a requiring authority must apply for the designation. Ministries of the Crown, local authorities and approved network utility operators can all be requiring authorities, but the general public cannot. It is therefore not possible for the submitters, the owners of the property, to request that this land be designated. The submitter can instead apply for resource consent or private plan change to establish both the synagogue and yeshiva. It is noted however that neither community facilities nor educational facilities are provided for within the activity table for landform 6, which means that both are considered non-complying activities.

It considered that community facilities and educational facilities are not appropriate on all sites within landform 6 and this is represented by the exclusion of these activities from the activity table. An application for resource consent for these activities would be assessed on a case-by-case basis and the individual characteristics of the property would be assessed for the suitability of the activity requested.

It is therefore recommended that the submission be rejected.

Planner's recommendations about the submission relating to designation of 29 Maungatawhiri Road.

That submission 2355/1 be rejected.

4.9 Submissions about a blanket 'farm zone'

Submissions dealt with in this section: 2510/1, 2728/1

4.9.1 Decisions requested

Submission 2510/1 seeks that all farms be given a blanket zone that specifically deals with farming activities.

Submission 2728/1 seeks a farm zone (land unit) which relates to all pasture land or grazing land like open space.

4.9.2 Planner's analysis and recommendations

The submitters seeks that farms be given a blanket zone, rather than the way the classification of the property is done currently where each separate landform is represented.

It is recognised that it could be more simple for landowners and particularly farmers to have a 'farm zone' to cover their entire farm. However this approach would not take into account significant natural landscapes which need protection.

Without the necessary protection, natural features such as vegetation, wetlands, coastal cliffs could be sacrificed, resulting in a potential loss of valuable habitats, natural character and amenity.

It is therefore considered that the landforms are the most accurate way to represent the composition of land on the islands. Landform 5 (productive land) and landform 3 (alluvial flats) are two areas where it is recognised that farming practices are suitable and pastoral farming has been provided for as a permitted activity. It is considered however that in other landforms, farming practices may not be appropriate as they may result in significant adverse effects on the environment and as a result, farming has not been provided for as a permitted activity.

It is therefore recommended that the submissions be rejected.

Planner's recommendations about submissions relating to a blanket 'farm zone'

That submissions 2510/1 and 2728/1 be rejected.  

4.10 Submissions about the provision of multiple dwellings at 255 & 230 Gray Road, Great Barrier.

Submission dealt with in this section: 2555/6

4.10.1 Decisions requested

Submission 2555/6 seeks that provision be made on the submitter's land (Lots 1 (#255) and 3 (#320) Gray Road, Palmers Beach, Great Barrier) for multiple dwellings as a controlled activity.

4.10.2 Planner's analysis and recommendations

As noted by the submitter, currently the properties subject to the submission are classified as:

Lot 1 - #255 landform 2 (sand flats), landform 5 (productive land), landform 6 (regenerating slopes) and landform 7 (forest and bush areas)

Lot 2 - #320 landform 3 (alluvial flats), landform 4 (wetland systems), landform 5 (productive land), landform 6 (regenerating slopes) and landform 7 (forest and bush areas).

It is not appropriate to provide an exemption from the landform rules for certain activities on specific properties as the classification of the land carries with it the activity status which outlines the suitability of each activity on that land.

It is not stated in the submission where on the submitter's properties the multiple dwellings would be located. The following table identifies the status of multiple dwellings on each of the land units.

Land Unit
Activity Status of Multiple Dwellings

Landform 2 (sand flats)

D

Landform 3 (alluvial flats)

D

Landform 4 (wetland systems)

NC

Landform 5 (productive land)

D

Landform 6 (regenerating slopes)

D

Landform 7 (forest and bush areas)

D

 The majority of the land units hold a discretionary activity status however this discretionary status is only considered where one or more of the following criteria are met:

"1. The resulting number of dwellings on the site will be no more than that which would occur if the site were subdivided in accordance with the rules in part 12 - Subdivision applying to this land unit (with one dwelling per site).

2. An application is made at the same time for subdivision resulting in the amalgamation of sites such that the number of dwellings on the new site created would be no greater than that which could be achieved through locating a dwelling on each of the original sites.

3. The dwellings are for papakainga housing.

4. The land has been owned co-operatively by a number of individuals since prior to 29 September 1992.

Proposals which do not meet these standards are a non-complying activity."

Controlled activities do require a resource consent, however the Council must grant the consent and may only impose conditions on the aspects to which it has reserved control in the Plan.

Altering the activity status of multiple dwellings to a controlled activity would mean that the Council would be required to grant all resource consent application for multiple dwellings. It is recognised that multiple dwellings may not be appropriate for every property and as such the discretionary status has been applied.

It is therefore recommended that the submission be rejected.

Planner's recommendations about submissions relating to the provision of multiple dwellings and 255 and 320 Gray Road, Great Barrier.

That submission 2555/6 be rejected.

4.11 Submission about the inclusion of mechanisms for restoration and enhancement

Submission dealt with in this section: 3521/84

4.11.1 Decisions requested

Submission 3521/84 seeks to amend the objectives and policies for landforms 1-7 to include mechanisms for restoration and enhancement.

4.11.2 Planner's analysis and recommendations

The submitter, Auckland Regional Council, generally supports the objectives and policies relating to the landform land units but suggests that mechanisms for the restoration and enhancement of these landform areas also be developed. ARC seeks that the objectives and policies for landforms 1 to 7 be amended to include mechanisms for restoration and enhancement.

The activities provided for in each individual landform have been considered for their suitability and with any potential adverse effects on the character and amenity of the landform in mind. The activities provided for in each land take into account the sensitive and unique characteristics of each of the land units and this encourages the preservation of those characteristics.

The thrust of the controls seek to allow for development while maintaining or protecting the natural environment. The Plan generally does not require enhancement or restoration, although this may be achieved through individual developments.

It is therefore recommended that this submission be rejected.

Planner's recommendations about submissions relating to enhancement and restoration.

That submission 3521/84 be rejected.

4.12 Submission about the reclassification of 32 Man O'War Bay Road, Waiheke

Submission dealt with in this section: 1324/1, 1324/2, 1324/3, 1324/4

4.12.1 Decisions requested

Submission 1324/1 seeks to reclassify Ngati Paoa Station (32 Man O'War Bay Road, eastern Waiheke) from various landform land units to a Special Purposes/Papakainga zoning.

Submission 1324/2 seeks that the Special Purposes/Papakainga zoning requested for Ngati Paoa Station (32 Man O' War Bay Road, eastern Waiheke) has at its foundation the existing rural style land uses but provides for community housing, a marae complex, cultural and educational facilities and visitor and tourist facilities as permitted activities.

Submission 1324/3 seeks that the content and details of this special purposes/Papakainga zoning and its structuring be agreed and finalised with Ngati Paoa. That an indicative model that might be applied for this purpose is that applied to Ngati Whatua lands at Orakei, and that in this regard specific reference should be had to Section 34 of the Orakei Act 1991

Submission 1324/4 seeks that in designing the special purposes/Papakainga zoning package specific regard be had to the intent by Mana Whenua that these lands will ultimately become self governed via Section 33 RMA or like mechanism.

4.12.2 Planner's analysis and recommendations

Currently the property at 32 Man O'War Bay Road, which is approximately 966ha, consists of landform 4 (wetland systems), landform 5 (productive land), landform 6 (regenerating slopes) and landform 7 (forest and bush areas). The intention of the landform land units is to represent the natural character and amenity of the land.

The submitter seeks that a special purpose/papakainga be established for the property. It is suggested that this would be based on the existing rural use of the land and would incorporate provision for community housing, a marae complex, cultural and educational facilities and visitor and tourist facilities.

Many of the activities sought by the submitter are already provided for in some of the land units on the property as detailed in the table below:

 

Activities
 
Multiple dwellings (papakainga/ community housing)
Visitor Accommodation (up to 10 people)
Visitor Accommodation (more than 10 people)
Community facilities (marae complex and cultural facilities)
Educational facilities

Land Units

 

 

 

 

 

Landform 4 (wetland systems)

NC

NC

NC

NC

NC

Landform 5 (productive land)

D

P

D

NC

NC

Landform 6 (regenerating slopes)

D

P

D

NC

NC

Landform 7 (forest and bush areas)

D

P

D

NC

NC

Papakainga housing has been specifically provided for within the Plan and it allows more dwellings per site, as a discretionary activity in landforms 5-7 because they are not required to meet the subdivision requirements like standard multiple dwellings.

It is recognised that community and educational facilities are not provided for in any of the land units, and it is also noted that the use of land classified as landform 4 (wetland systems) restricted to all activities except eco-sourced planting due to the sensitive nature of this land unit.

It is noted that a rural property management plan could be used to holistically plan for land use activities in landforms 5-7 on the property (the inclusion of this activity within landform 4 is currently being considered).

The submitter also seeks specific reference to section 34 of the Orakei Act 1991, which states:

"34. Exemption from payment of rates and other charges

The whenua rangatira, the hapu reservation, and, to the extent that it remains undeveloped, the balance of the development land shall—

(a) not be rateable under the Local Government (Rating) Act 2002; and
(b) Be exempt from all other taxes and charges from time to time imposed by the Auckland City Council or the Auckland Regional Council."

It should be noted that this is not an issue which can be addressed through the Plan.

It is noted that the Piritahi Marae has been discussed as part of the recreation 2 (community facilities and sports parks). Submissions for this land unit request that the marae be provided with its own land unit. Due to the sensitive nature of some of the land units contained on the property at 32 Man O' War Bay Road, it is not considered appropriate that a 'blanket' land unit be applied to the whole property. It is recognised however that the Panel may wish to reclassify a part of the site to a marae-type classification, similar to that which is proposed for Piritahi Marae.

The property is located on the eastern end of the island, where the emphasis is on low intensity development, compared with the high intensity of the western end. It is recognised that further work would need to be done to determine what level of marae development would be appropriate on the site and where the location of this would be best suited.

The submitter is encouraged to attend the hearing and bring further information in relation to the above matter. It is considered that this matter would need more information and time before an accurate recommendation could be made.

Planner's recommendations about the submission seeking reclassification of 32 Man O'War Bay Road, Waiheke

At this time it is not considered that a recommendation can be made with respect to the above submissions.

4.13 Submissions about the miscellaneous matters

Submissions dealt with in this section: 62/1, 93/1, 97/2, 2846/2, 3574/12, 3574/14

4.13.1 Decisions requested

Submission 3574/12 supports the proposal to retain the foothills of Great Barrier Island as farms.

Submission 3574/14 supports the proposal to allow tourism development on larger blocks for up to 10 people, with consent required for larger numbers.

Submission 62/1 seeks to allow the continuation of the Kaitoke Links course at 67B Gray Road, Kaitoke by including the land unit

Submission 97/2 seeks that the Plan recognise the workshop and engineering shop at the front of 29 Maungatawhiri Road (Block M112), Tryphena as a commercial entity.

Submission 2846/2 seeks that the Orama Christian Fellowship Trust complex at 300 Karaka Bay Rd be listed as a scheduled activity.

Submission 93/1 seeks a total rethink on wetland systems and dune systems and a more practical commonsense approach to the rules governing private titles.

4.13.2 Planner's analysis and recommendations

4.13.2.1 Submissions 3574/12 and 3574/14 – supportive of the Plan

It is recommended that the submissions be accepted in that they are supportive of specific areas of the Plan in relation to the landforms.

4.13.2.2 Submissions 62/1 – Kaitoke Links – 67B Gray Road, Kaitoke

The submitter seeks that the provision be made within the Plan for the continuation of the links golf course at the above address.

Subdivision consent was granted for the subdivision of 67 Gray Road, Kaitoke in July 2005. The golf course was present on the property at the time of subdivision and the consent was granted to allow the golf course to be retained on Lot 2 of the subdivision.

Currently the property contains landform 2 (sand flats), landform 4 (wetland systems) and landform 6 (regenerating slopes). This is equivalent to the land units on the property in the Operative Plan. It is considered that these landforms accurately represent the composition of the land at the property.

Under the Operative Plan, the permitted activity rules would apply to the golf course activity, as it is not specifically listed as a listed discretionary activity. The activity would only be permitted under the Operative Plan if it complied with part 6B standards and terms, if it did not meet this, it would be discretionary. In the Proposed Plan, a golf course has not been provided for within the landform activity tables and therefore it would default to a non-complying activity. This would therefore mean that any alterations to the existing golf course not covered by existing use rights would require a resource consent. The Proposed Plan does not take away any existing use rights that may apply.

The Plan does not remove any rights to continue to use the land as a golf course. However, neither is it considered appropriate to allow a blanket provision for golf courses in all landform 2, 4 and 6 land units. Given that the Plan does not affect the use of the golf course it is recommended that the submission be rejected.

4.13.2.3 Submissions 97/2 – 29 Maungatawhiri Road, Tryphena

The submitter seeks recognition for a commercial workshop and engineering shop contained on the property. Currently the property is made up of landform 6 (regenerating slopes) and landform 7 (forest and bush areas).

The Plan does not remove any rights that the submitter may have to operate the engineering shop, regardless of the land unit in which it sits. It is not considered necessary to amend the Plan in any way and therefore it is recommended that the submission be rejected.

4.13.2.4 Submission 2846/2 – 300 Karaka Bay Road

The submitter has lodged a number of submission which relate to this property, the majority of which have been addressed in the hearings report for settlement areas. This report acknowledges that the existing landform land units that apply to the Trust's property do not reflect the land uses that have been established over a number of years and may inhibit sustainable land uses in the future.

It is suggested in the report that that council staff work with the Trust and its representatives with a view to creating a concept plan for Orama that recognises and provides for a range of existing and future land uses.

It is therefore recommended that the submission requesting that the activity be listed as a scheduled activity be rejected.

4.13.2.5 Submission 93/1 – rethink of wetland systems and dune systems

The submitter states that wetland systems and dune systems should not be applied to private land as they are "anti private enterprise". It is not clear what is intended from this submission however the relief sought by the submitter is for a total rethink of both the wetland systems and dune systems.

Landform 4 (wetland systems) and landform 2 (dune systems and sand flats) both comprise sensitive natural environments. Both land units require strong restrictions on the use and development provided for within the land units in order to protect the high natural character and amenity values of the land units.

It is noted that in both landform 4 (wetland systems) and landform 2 (dune systems area only), the construction or relation of buildings and exterior additions and alterations to buildings is a non-complying activity and the only activity specifically provided for within the land units is ecosourced planting. The resource management strategies for both land units is to specifically not provide for buildings or activities to occur at all within the land units due to the high natural character and ecological and amenity values.

It is recognised that these land units are restrictive on landowners but it is considered essential to provide such strict control on these areas to ensure that the sensitive character of the land units is maintained and protected. The submission does not raise any specific areas where it is seen that these land units have been incorrectly applied. It is noted however that there are a number of submissions which request specific reclassification of land and these matters have been addressed in the table in Appendix 4.

It is therefore recommended that the submission be rejected to the extent it is recommended to retain both landform 2 (dune systems and sand flats) and landform 4 (wetland systems) in the Plan.

Planner's recommendations about submissions relating miscellaneous

That submissions 3574/12 and 3574/14 be accepted. No amendments to the Plan are required to give effect to these submissions.

That submissions 62/1, 93/1, 97/2 and 2846/2  be rejected.

4.14 Submissions relating to the reclassification of properties containing landform land units

Submissions dealt with in this section:

Group 1 Inner Islands: 535/1, 919/1, 1013/1, 1013/2, 1100/1, 1041/1, 1230/1, 1273/1, 1273/2, 1278/1, 1278/2, 1279/1, 1279/2, 1324/1, 1331/2, 1331/4, 2103/8, 2103/11, 2649/4, 3221/2, 3221/4, 3593/1, 3657/1, 3380/1

Group 2 Outer Islands: 32/1, 32/2, 73/1, 74/1, 75/1, 75/2, 94/1, 97/1, 100/1, 109/1, 108/1, 108/2, 110/1, 110/2, 112/1, 135/1, 135/2, 135/3, 177/1, 259/1, 260/1, 266/1, 273/1, 276/1, 277/1, 332/1, 356/1, 357/1, 877/2, 1252/1, 1251/2, 1253/1, 1261/1, 1262/1, 1262/2, 1262/3, 1297/1, 1302/1, 1305/1, 1307/2, 1319/2, 1320/1, 1337/1, 1358/1, 1367/1, 1379/2, 1405/4, 1406/4, 1416/2, 1423/1, 1461/2, 1474/1, 1480/1, 1486/1, 1468/1, 1515/1, 1518/1, 1518/2, 1518/3, 1522/2, 1529/2, 1529/3, 1544/3, 1551/1, 1563/1, 1563/2, 1563/3, 1563/4, 1563/5, 1567/1, 1579/1, 1580/1, 1581/1, 1582/1, 1593/2, 1594/1, 1602/1, 1913/2, 1915/2, 1922/2, 1953/1, 1961/1, 1968/1, 1978/1, 1979/1, 1988/2, 1990/1, 2005/1, 2006/1, 2049/1, 2063/1, 2104/4, 2139/2, 2151/1, 2162/2, 2168/1, 2172/1, 2180/1, 2190/1, 2212/2, 2237/1, 2238/2, 2259/1, 2260/1, 2271/2, 2313/1, 2334/1, 2340/1, 2352/1, 2365/1, 2368/2, 2408/1, 2440/1, 2480/1, 2489/2, 2508/1, 2508/2, 2511/1, 2512/1, 2513/2, 2529/1, 2531/1, 2533/1, 2537/1, 2547/4, 2554/1, 2554/2, 2554/3, 2555/1, 2555/2, 2555/3, 2555/4, 2555/5, 2719/1, 2719/2, 2719/3, 2727/1, 2742/1, 3744/1, 2753/1, 2753/2, 2753/3, 2852/1, 2858/2, 2858/3, 2864/2, 2866/1, 2867/1, 2868/1, 2870/1, 2873/1, 3000/1, 3052/1, 3052/2, 3086/1, 3088/1, 3090/3, 3139/2, 3501/6, 3501/7, 3501/9, 3521/87, 3677/1, 3679/2, 3743/2, 3768/2, 3769/1, 3785/1, 3798/2, 3826/1, 3827/2, 3858/1

4.14.1 Decisions requested

The submissions request the reclassification of specific areas and properties on the Islands. Details of the decision requested by each submission are contained in Appendix 4.

4.14.2 Planner's analysis and recommendations

The analysis and recommendations in relation to these submissions are detailed in Appendix 4.

Planner's recommendations about submissions relating to reclassification of properties containing landforms.

That submissions 135/1, 177/1, 266/1, 276/1, 277/1, , 356/1, 357/1, 1230/1, 1253/1, 1262/2, 1279/2, 1486/1, 1468/1, 1529/3, 1551/1, 1563/1, 1563/4, 1563/5, 1579/1, 1602/1, 2049/1, 2103/8, 2103/11, 2104/4, 2259/1, 2719/3, 2866/1, 3052/1, 3086/1, 3593/1, 3657/1, be accepted and the planning maps be amended accordingly as described in Appendix 4.

That submissions 74/1, 75/1, 75/2, 259/1, 273/1, 877/2, 919/1, 1013/1, 1013/2, 1331/2, 1331/4, 1041/1, 1237/1, 1237/2, 1252/1, 1251/2, 1261/1, 1262/1, 1262/3, 1273/1, 1273/2, 1278/1, 1278/2, 1279/1, 1302/1, 1305/1, 1307/2, 1319/2, 1320/1, 1337/1, 1358/1, 1367/1, 1379/2, 1416/2, 1423/1, 1461/2, 1474/1, 1480/1, 1515/1, 1518/1, 1518/2, 1518/3, 1522/2, 1567/1, 1581/1, 1913/2, 1915/2, 1922/2, 1953/1, 1961/1, 1968/1, 1978/1, 1988/2, 1990/1, 2063/1, 2139/2, 2151/1, 2162/2, 2168/1, 2172/1, 2180/1, 2190/1, 2212/2, 2237/1, 2238/2, 2260/1, 2271/2, 2313/1, 2334/1, 2340/1, 2365/1, 2368/2, 2408/1, 2480/1, 2489/2, 2508/1, 2508/2, 2511/1, 2512/1, 2529/1, 2531/1, 2649/4, 2719/1, 2719/2, 2727/1, 2742/1, 2864/2, 2873/1, 3088/1, 3090/3, 3221/2, 3221/4, 3380/1, 3677/1, 3679/2, 3743/2, 3744/1, 3768/2, 3769/1, 3785/1, 3798/2, be accepted in part to the extent that they support the amendments to the planning maps described in Appendix 4.

That submissions 32/1, 32/2, 73/1, 94/1, 97/1, 100/1, 109/1, 108/1, 108/2, 110/1, 110/2, 112/1, 135/2, 135/3, 260/1, 332/1, 535/1, 1100/1, 1297/1, 1405/4, 1406/4, 1529/2, 1544/3, 1563/2, 1563/3, 1580/1, 1582/1, 1593/2, 1594/1, 1979/1, 2005/1, 2006/1, 2352/1, 2440/1, 2513/2, 2533/1, 2537/1, 2547/4, 2554/1, 2554/2, 2554/3, 2555/1, 2555/2, 2555/3, 2555/4, 2555/5,   2753/1, 2753/2, 2753/3, 2852/1, 2858/2, 2858/3, 2867/1, 2868/1, 2870/1, 3000/1, 3052/2, 3139/2, 3501/6, 3501/7, 3501/9, 3521/87, 3826/1, 3827/2, 3858/1 be rejected.

  5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding landforms 1-7 (General) of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and how associated further submissions should be dealt with, and how the Plan should be modified as a result. These recommendations are made prior to the hearing of 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 3), for the reasons outlined in this report.

 

Name and title of signatories
Signature

Author

Deborah Kissick, Planner

 

Reviewer

Megan Tyler, Manager: Islands

 

Approver

Penny Pirrit, Manager: City Planning

 

Appendix 1

List of submissions and further submissions

Appendix 2

Summary of decisions requested

Appendix 3

Recommended amendments to the Plan

Appendix 4

Reclassification of properties containing landform land units.