Chapter 3 Land Use and Development Strategy Hearing Report

Transcription

1 Report Chapter 3 Land Use and Development Strategy Hearing Report Prepared for Kaipara District Council (Client) By Beca Carter Hollings & Ferner Ltd (Beca) 20 April 2010 Beca 2010 (unless Beca has expressly agreed otherwise with the Client in writing). This report has been prepared by Beca on the specific instructions of our Client. It is solely for our Client s use for the purpose for which it is intended in accordance with the agreed scope of work. Any use or reliance by any person contrary to the above, to which Beca has not given its prior written consent, is at that person's own risk.

2 Revision History Revision Nº Prepared By Description Date 0 Carl Lucca First Draft 17/03/10 1 Carl Lucca Beca Review Comments 23/03/10 2 Carl Lucca / Perri Duffy Further Submissions input 14/04/10 Document Acceptance Action Name Signed Date Prepared by Carl Lucca 20/04/10 Reviewed by Amelia Linzey 20/04/10 Approved by Amelia Linzey 20/04/10 on behalf of Beca Carter Hollings & Ferner Ltd Beca // 4 March // NZ

3 Chapter 3 Land Use and Development Strategy Hearing Report Table of Contents 1 Introduction Statutory Framework Resource Management Act Resource Management (Simplifying and Streamlining) Amendment Act Background Analysis of Submissions Introduction Submissions Addressed in this Report Submissions on Chapter 3 Land Use and Development Strategy as a whole or in general Analysis and Recommendations Submissions about Issues Analysis and Recommendations Submissions about Objectives and Policies Analysis and Recommendations Submissions about Methods Analysis and Recommendations Submissions about Outcomes Analysis and Recommendations Submissions about Mapping, Zoning and Overlays Analysis and Recommendations Conclusion and Recommendation Chapter Modifications and Consequential Amendments Appendices Appendix 1 Chapter 3 Land Use and Development Strategy Issues Report Appendix 2 - Chapter 3 Land Use and Development Strategy Submitters who wish to be heard Beca // 20 April 2010 // Page // NZ

4 Chapter 3 Land Use and Development Strategy Hearing Report 1 Introduction This report considers submissions and further submissions that were received by Kaipara District Council (Council) in relation to Chapter 3. Land Use and Development Strategy of the Kaipara District Plan Proposed The Plan was publicly notified on 21 October The closing date for lodging submissions was 18 December The submissions were publicly notified for further submissions on 1 March The closing date for lodging further submissions was 12 March This report recommends 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 addressed separately, but rather are dealt with in conjunction with the submissions to which they relate. 1.1 Statutory Framework Resource Management Act 1991 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 matters were summarised by the Environment Court 1, which 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 1 Eldamos Investments Limited v Gisborne District Council W047/05 Beca // 20 April 2010 // Page // NZ

5 Chapter 3 Land Use and Development Strategy Hearing Report (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 the following are relevant to considering the submissions on the Proposed District Plan: 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. A rule must not be more lenient and can only be more stringent than a national environmental standard if the standard expressly says that a rule may be more stringent than it (s43b(1) and (3)) Resource Management (Simplifying and Streamlining) Amendment Act 2009 As part of the Resource Management (Simplifying and Streamlining) Amendment Act 2009, changes have been introduced to the way Plan Reviews are undertaken. In summary, these changes concern how often Plans are required to be reviewed, the provision of combined Plans, the further submissions process, decisions on submissions, appeals on Plans and when Plan rules Beca // 20 April 2010 // Page // NZ

6 Chapter 3 Land Use and Development Strategy Hearing Report take effect 2. Of particular relevance to this part of the Plan Review process is the change to how the further submissions process is undertaken and the process of making decisions on submissions. Further submissions Clause 8 of Schedule 1 now provides that the only persons able to make a further submission are: Persons who are representing a relevant aspect of the public interest; or Persons who have an interest in the proposed policy statement or plan or change that is greater than the interest the general public has; or The local authority. Further submissions must also now be lodged within 10 working days from the day on which public notice is given. Grouping of Submissions Under clause 10 of Schedule 1, a decision is not required on each individual submission, and decisions may address submissions by grouping them (according to the Plan provisions or the matter to which they relate). Decisions must include the reasons for accepting or rejecting submissions, and may include any consequential changes to the Proposed Plan arising from decisions on submissions. This hearing report has been prepared with regard to these amendments to the Act. 1.2 Background Chapter 3 of the Proposed Plan sets out to describe the relevant land use and growth issues facing the District and the Council s objectives, policies, methods to address those issues. In particular, the chapter provides guidance to assist in the clear and planned future urban development of the District that will respond to market expectations while seeking to avoid growth patterns that have the potential to result in adverse effects on the environment and community. The need for this Chapter was identified by Council, particularly in considering how to deliver the outcomes of their Long Term Council Community Plan. The Kaipara District Council has recognised the opportunity and importance of providing a clear and planned provision for current and future urban development - to meet market expectations. In providing the direction of Chapter 3, Council anticipated that the provision of identified Growth Areas would encourage investment and attention to maintain the amenity of these areas. The Chapter identifies the following outcomes from the Plan for land use and development: Managed expansion of residential settlements is provided for. Consolidation of settlements (rather than sporadic sprawl and ad hoc development) that avoids, remedies or mitigates adverse environmental effects. 2 The Ministry for the Environment (2009), Improving Plan Development and Plan Change Processes fact sheet clearly outlines the implications of these amendments with respect to Plan development. Beca // 20 April 2010 // Page // NZ

7 Chapter 3 Land Use and Development Strategy Hearing Report Well functioning residential and business markets that are able to cater for and respond to demand without generating adverse environmental effects, particularly effects from poor infrastructure supporting these land uses. Progressive implementation of development areas, in line with growth demand and availability of Council resources, as part of both the current and future District Plans. Private initiation of Plan Changes / comprehensive subdivisions (through Management Plan s) within identified development areas, to realise individual economic and development opportunities. Mangawhai is a key area of residential growth in the District. Development of a contained urban area in Mangawhai Beca // 20 April 2010 // Page // NZ

8 Chapter 3 Land Use and Development Strategy Hearing Report 2 Analysis of Submissions 2.1 Introduction This section of the report discusses the decisions requested in submissions about Chapter 3 Land Use and Development Strategy and recommends how the Panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. Where relevant this report draws from the Section 32 Report 3 prepared to document Council s consideration of the District Plan review. While the relevant statutory matters (identified in Section 1.2 of this report) will not necessarily be referred to directly, the discussion and recommendations have given consideration to these as appropriate and any other relevant matters. A list of the submissions considered in this report together with the related further submissions is contained in Appendix 1 in the Chapter 3 Land Use and Development Strategy Issues Report. Any amendments to the Plan recommended in response to submissions are identified in this section of the report. For clarity, original submissions received during the first submission period following notification of the Proposed Plan are referred to as submissions throughout the report, where as submission received during the second submission period and made in respect to the original submissions are referred to as further submissions or FS. 2.2 Submissions Addressed in this Report The Issues Report (Appendix 1 to this Report) provides a summary of submissions that were received on this Chapter. A number of submission points related to a number of chapters, and have been responded to in the following Hearings Reports:- Chapter 2 District Wide Issues; Chapter 3 Land Use and Development Strategy Chapter 3A - Growth Areas Chapter 3B Mangawhai Growth Area Chapter 10 Network Utilities Chapter 12 Rural Chapter 17 - Heritage Chapter 22 - Financial Contributions A list of those submitters who wished to be heard, whose submissions are reported on in this report, is included in Appendix 2. 3 Section 32 Report, October Beca // 20 April 2010 // Page // NZ

9 Chapter 3 Land Use and Development Strategy Hearing Report 2.3 Submissions on Chapter 3 Land Use and Development Strategy as a whole or in general The submissions dealt with in this section are outlined in Table 1.1 of Appendix 1. These submissions do not relate to any particular provision but rather relate to the overall chapter or the chapter generally Analysis and Recommendations a. General Submissions Submission 230/6 states that the Proposed Plan is bureaucratic and anti growth. The submitter seeks amendments to promote growth. Similarly, submission 308/11 seeks amendments to relax rules for subdivision, ensure lots of commercial/industrial land are available and increase the number of rateable properties in order to promote growth. The submitter states that the Proposed Plan is too restrictive and does not promote growth. FS 511/29 was received in support of submission 308/11 and the submitter states the relief sought is appropriate, necessary and consistent with the provisions of the RMA. As stated in Section of the Section 32 Report, the District has aspirations for ongoing economic growth and development, many of which cannot be achieved through the District Plan. The District Plan is a mechanism to address resource issues and create an environment that does not restrict these aspirations. Further, the land use strategy contributes to realising the economic aspirations of the Long Term Council Community Plan. The cost/benefit analysis undertaken in regard to the Proposed Plan provisions shows that the Proposed Plan is considered to be neither bureaucratic nor anti growth and that to relax the proposed rules would potentially result in unsustainable future growth within the District. Accordingly, it is recommended that submissions 308/11, 230/6 and FS 511/29 be rejected. Submission 92/1 seeks that the Proposed Plan provide improved provisions to provide a better balance between providing for growth and protection of the environment. The submitter states that the District Plan provisions lack support for existing capital investment and development, and has an unbalanced bias towards environmental issues which do not promote development. As stated within Section 3.1 of the Proposed Plan, the Council has established a strategy that provides direction to enable current and future residential and business development within the Kaipara District, over the period of the Plan and beyond. In addition to this, Council has taken an approach that recognises the current limit of resources to commit to this future development and the uncertainty over when development pressure is likely to require land areas to be available. It is considered that this approach is appropriate in terms of seeking a balance between encouraging future capital investment and development, and achieving the purpose of the Act. Accordingly, it is recommended that the submission be rejected. Submission 117/4 opposes Chapter 3 as the principles on which the chapter is based are inappropriate for Kaipara District. Three further submissions were received in support of submission 117/4. Beca // 20 April 2010 // Page // NZ

10 Chapter 3 Land Use and Development Strategy Hearing Report FS 478/1 supports submission 117/4 as the additional costs of reviewing and modifying the Proposed Plan are unacceptable and can be avoided by postponing the District Plan process until the regional policy statement has been completed. FS 504/1 supports submission 117/4 as the document ought to have been a draft which was available for further consultation. Individuals and communities need time to understand and the wide ranging changes and effects. FS 511/21 supports submission 117/4, as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. As stated in the Section 32 Report, the issues, objectives, policies and methods outlined in Chapter 3 are the result of the Operative Plan review and an Issues and Options assessment, including Council workshops and community consultation. The principles on which the Chapter are based upon are aligned with the purpose of the Act (i.e. to promote sustainable management of natural and physical resources) and respond appropriately to the growth pressures that Kaipara is likely to continue to face in the future. Accordingly, it is recommended that the submissions 117/4, FS 478/1, FS 504/1 and FS 511/21 be rejected. Submission 81/8 and 81/9 seek more focus within Chapter 3 on appropriate zoning for suitable preestablished industry and improvement of service provisions to businesses and industries, respectively. It is considered that the Proposed Plan, through the objectives and policies set out in Chapter 2 District Wide Resource Management Issues and Chapter 14 Business, provides for adequate focus on zoning and provision of services for industrial activities. Further, it is noted that specific consideration was given to further zoning in the District Plan review (as discussed in the Section 32 Report). It was concluded that the costs to Council and the community to confirm these areas outweighed the benefits, given the uncertainty of timing and nature of growth in the District. Accordingly, it is recommended that the submissions be rejected. Submission 106/1 seeks that self sufficient household water supply should be taken into account when building consents are granted. Within the Proposed Plan, and pursuant to the Act (particularly sections 5 and 7), there is provision for consideration of sustainable resource use such as may be provided for by self sufficient water supplies. twithstanding, self sufficient household water supply is not a requirement of the Proposed Plan and is a matter that will be more specifically considered pursuant to the Building Act. amendments to the Proposed Plan are recommended. Submission 187/8 seeks that only minor amendments be made to the existing Operative Plan. The submitter states that the Proposed Plan is going to have a huge cost to ratepayers and the existing plan only needed to be adjusted and the use of consultants and engineers kept to a minimum. Similarly, Submission 451/1 seeks that the Proposed Plan be withdrawn and the old plan be revised. The submitter states that because of the lack of direction in the Proposed Plan, Mahuta Community Water Supply will be disadvantaged in presenting any future developments they may wish to pursue; the Plan will be a financial burden that could inhibit developments; due to the location of the submitters water supplies and the lack of guidelines in the Proposed Plan, a development would require a raft of paperwork in determining what would be acceptable from the District Council, for the Mahuta Water Community Supply. Three submissions were received in opposition to submission 187/8. Beca // 20 April 2010 // Page // NZ

11 Chapter 3 Land Use and Development Strategy Hearing Report FS 509/5 and FS 510/5 oppose submission 187/8 as the relief sought would not achieve the purpose and principles of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA. FS 465/42 opposes submission 187/8 as the Council needed to replace the operative Plan as it is outdated and no longer achieves the purpose of the RMA and does not give effect to national or regional policy statements. The Proposed Plan has been prepared to meet the Council s obligations under the Act and constitutes what are considered to be the most appropriate methods of achieving the purpose of the Act and responding to the current and likely issues to face the District in the future (as discussed in the Section 32 Report. Accordingly, it is recommended that submissions 187/8 and 451/1 be rejected and submissions FS 509/5, FS 510/5 and FS 465/42 be accepted. Submission 319/10 conditionally supports Chapters 3 and 3A and Appendix A subject to amendments to enable a sustainable supply of business land and allow flexibility to appropriately locate new business activities. It is considered that the provisions of the Proposed Plan will allow flexibility to appropriately locate new business activities, while also ensuring that potential adverse effects on the environment will be no more than minor. The intent the submission is considered to be fulfilled by the Plan and no amendments are considered necessary. Submission 92/4 seeks that where holiday parks and similar activities are located within the District, the zoning should be replaced with a specific zone providing for existing and similar activities. The submitter states that the Plan should include statements that recognise the different and unique requirements of holiday parks and similar activities and should be supportive of these activities in the coastal environment. The decision requested is that the Council should include specific zoning provisions for these activities. Where existing holiday parks and similar activities have been legally established, these will retain existing use rights as provided for by Part 3 of the Act. Where similar additional activities are sought alongside existing activities, these are provided for by the Proposed Plan subject to meeting the relevant performance standards and/or obtaining resource consent. Accordingly, it is considered unnecessary to provide for an additional zoning and it is recommended that the submission be rejected. Submission 335/8 supports the recognition that private plan changes are an appropriate alternative to Council-initiated plan change or structure plan processes. decision is requested and no amendments are considered necessary. Submission 424/5 seeks that that where the economic effect of the Plan is to reduce the value of existing properties due to extended contributions and/or increased uncertainty and/increased complexity the Council provide a statement either in the Plan or in transitional provisions as to how that burden is to be borne fairly by ratepayers. FS 511/32 supports submission 424/5 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. Beca // 20 April 2010 // Page // NZ

12 Chapter 3 Land Use and Development Strategy Hearing Report There is no mechanism under the RMA to provide financial compensation to private landowners. The consideration of individual property values is a subjective matter and is not considered a matter to address under the Act. Furthermore, consideration of costs to landowners collectively was considered in the cost benefit considerations of the Section 32 Report (balancing these with the social, cultural, environmental and other economic costs and benefits). On this basis, it is recommended that submission 424/5 and FS 511/32 be rejected. Submission 298/4 seeks that Council improve the Chapter with some encouragement for activities which are emerging in the Council LONG TERM COUNCIL COMMUNITY PLAN e.g. encouragement of cooperative community activities that foster care for the land (community gardens). The Proposed Plan provides for a wide range of activities within the Rural zone. These activities, which may include cooperative community activities that foster care for the land and other activities identified in the LONG TERM COUNCIL COMMUNITY PLAN, may be provided for so long as they meet the relevant performance standards outlined in Chapter 12 or otherwise evidencing that the potential adverse effects will be no more than minor. It is considered unnecessary to amend the Proposed Plan and it is therefore recommended that the submission be rejected. Submission 14/19 seeks that Chapter 3 be expanded to include a strategy statement about future land use especially related to protecting against the impact of Climate Change on the land use in the District. Section 7(i) of the Act specifically requires that all persons exercising functions and powers under the Act in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to the effects of climate change. Overall, while it is considered that the intent of the objectives, policies and methods outlined within the Proposed Plan will assist in giving effect to the Section 7(i), it will be helpful to outline the Council s intention within the explanation section of Chapter 3. Accordingly, it is recommended that the submission be accepted in part and that the following wording be added to paragraph three in section 3.1 of the Proposed Plan: The outcomes described above have the potential to generate both adverse environmental and amenity effects and result in an increase in conflicts between incompatible activities (e.g. reverse sensitivity impacts). In addition, it is recognised that sustainable land use and development has a role to play in reducing adverse effects that have the potential to result in climate change, such as may be associated with emissions from road transport; heating homes; energy generation; and commercial buildings. It is the intention of the Council that sustainable growth, through deliberate planning and design of future urban and rural areas, reduce effects that may contribute to global warming. b. Section 3.1 Introduction / Resource Description Submission 207/44 requests that the terminology used in Section 3.1 paragraph 2 be amended. In particular, the submitter states that the term considered is weak and should be amended. The relevant sentence currently reads: Beca // 20 April 2010 // Page // NZ

13 Chapter 3 Land Use and Development Strategy Hearing Report If land use and economic growth is not considered, the following outcomes may occur: Increased fragmentation and development of urban activities on versatile and productive soils (a finite resource) or to sensitive environments (harbour and coast); Stifled growth and development opportunities; and Ineffective and inefficient provision of infrastructure servicing for economic development. There were two further submissions in opposition to submission 207/44 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/44 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/44 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. It is agreed that the terminology has the potential to be strengthened. Considered has the potential to result in a passive outcome (i.e. the matter was considered but no action was taken). Accordingly, it is recommended that submissions 207/44 and FS 494/1 be accepted and submissions FS 509/6 and FS 510/6 be rejected, and relevant sentence be amended to read: If land use and economic growth is not considered responded to, the following outcomes may occur. Submission 207/45 requests the provision of overlay areas which restrict subdivision and land use on versatile and productive soils. The submitter states that land fragmentation is an important issue, particularly where versatile and productive soils will be compromised. There were three further submissions in opposition to submission 207/45 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/45 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 466/21 opposes submission 207/45 as the versatile and productive soils are part of rural production activities and do not need to be specifically identified. FS 494/1 supports submission 207/45 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. It is agreed that that land fragmentation is an important issue, particularly where versatile and productive soils will be compromised. However, specific objectives, policies and rules have been Beca // 20 April 2010 // Page // NZ

14 Chapter 3 Land Use and Development Strategy Hearing Report provided within the Proposed Plan (refer specifically Chapters 2 District Wide Resource Management Issues and 12 Rural) to assist in reducing adverse effects on the soil resource. In addition, the overlays are specifically concerned with addressing natural environments that have been identified for their sensitivity and value. Accordingly, it is recommended that submissions 207/45 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6 and FS 466/21 be accepted. Submission 207/46 requests Section 3.1, paragraph 2 be amended to acknowledge more sensitive environments. The submitter does not believe that the harbour and coast is a sensitive environment which in turn cannot be developed and suggests there are other sensitive environments within the District which may be more sensitive to development than the coastal margins. There were two further submissions in opposition to submission 207/46 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/46 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/46 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. The reference to harbour and coast environments within Section 3.1, paragraph 2 is appropriate to identify examples of sensitive landscapes. These examples align with the overlays, which represent natural environments that have been identified for their sensitivity and value. As outlined in Chapter 4 of the Proposed Plan, many of the coastal areas are considered to be sensitive natural landscapes with high ecological, historical, environmental and cultural values. Identification of this environment is considered consistent with the New Zealand Coastal Policy Statement 2004 and the rthland Regional Policy Statement. Accordingly, it is recommended that submissions 207/46 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Submission 135/15 seeks the following outcome be added to the three outcomes identified in the second paragraph of Section 3.1, as shown below: If land use and economic growth is not considered, the following outcomes may occur: Increased fragmentation and development of urban activities on versatile and productive soils (a finite resource) or to sensitive environments (harbour and coast); Stifled growth and development opportunities; and Ineffective and inefficient provision of infrastructure servicing for economic development. The amenity, heritage, landscape, ecological and natural values of the District can be reduced. The submitter states that the introduction does not identify important adverse environmental outcomes that can result from poorly managed growth, especially in the vicinity of existing settlements. Identifying and acknowledging these potential adverse environmental outcomes provides a starting point for the development of a comprehensive and robust policy response. Beca // 20 April 2010 // Page // NZ

15 Chapter 3 Land Use and Development Strategy Hearing Report It is appropriate to ensure that the values identified by the submitter are adequately protected from adverse effects and that such potential effects be acknowledged as an issue early in the Plan provisions. Accordingly, it is recommended that the submission be accepted and that Section 3.1 be amended as shown below (the recommended amendments are summarised within Appendix 2 to this report): The amenity, heritage, landscape, ecological and natural values of the District can be reduced. Submission 105/4 seeks the following outcome be added to the three outcomes identified in the second paragraph of Section 3.1: If land use and economic growth is not considered, the following outcomes may occur: Increased fragmentation and development of urban activities on versatile and productive soils (a finite resource) or to sensitive environments (harbour and coast); Stifled growth and development opportunities; and Ineffective and inefficient provision of infrastructure servicing for economic development. The inability to enable extraction of aggregate resources which are necessary to provide important resources to the District, where these resources are utilised to provide for the communities economic and social well-being". FS 511/16 supports submission 105/4 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. It is considered that the above point is out of context with those matters identified within Section 3.1 which relates to the impacts of uncontrolled land use and development on the wider environment. The issue raised by the submitter is adequately dealt with through the District Wide provisions in Chapter 2 of the Proposed Plan. It is also noted that recommendations to submissions 105/1, 105/2 and 105/3 have suggested appropriate changes to Chapter 2 to provide for aggregate and mineral extraction where such activities are able to demonstrate benefits to the wider community. Accordingly, no amendments are considered necessary and it is recommended that submission 105/4 and FS 511/16 be rejected. Submission 135/16 seeks that the ninth paragraph of Section 3.1 be amended to state that the Council will also monitor development of rural land within and in the vicinity of the identified growth areas. The submitter states that given the desire to avoid ad hoc development, any monitoring needs to include the development of the rural zoned land included within and adjacent to the growth areas. Paragraph 9 of Section 3.1 reads: The Council is keen to ensure that ad hoc land use development is avoided. Council will monitor the development of both residential and business land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. It is considered appropriate that the Council also monitor growth and growth related pressures on rural lands within and around proposed growth areas. Such an approach will assist Council to be Beca // 20 April 2010 // Page // NZ

16 Chapter 3 Land Use and Development Strategy Hearing Report well placed to respond to demand as it occurs. Accordingly, it is recommended that the submission be accepted and that the following paragraph 9 of section 3.1 be amended as follows: The Council is keen to ensure that ad hoc land use development is avoided. Council will monitor the development of both residential and business residential, business and surrounding rural land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. Submission 117/39 requests that all references to "fragmentation of land", and to "productive soils" and to "versatile soils" be removed from Section 3.1 of the Proposed Plan. Four further submissions were received in support of submission 117/39. FS 466/20 supports submission 117/39 as the versatile and productive soils are part of rural production activities and do not need to be specifically identified. FS 478/1 supports submission 117/39 as the additional costs of reviewing and modifying the Proposed Plan are unacceptable and can be avoided by postponing the District Plan process until the regional policy statement has been completed. FS 504/1 supports submission 117/39 as the document ought to have been a draft which was available for further consultation. Individuals and communities need time to understand and the wide ranging changes and effects. FS 511/21 supports submission 117/39, as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. It is considered that the terminology referred to by the submitter is appropriate. Ongoing fragmentation of rural lands has the potential to result in numerous adverse economic, cultural and environmental effects if not managed appropriately. As has been evidenced in many districts of New Zealand, the fragmentation of land containing productive and/or versatile soils into lifestyle and rural residential living plots has the potential to greatly reduce the productivity and workability of land and hence would be contrary to the purpose of the Act which includes safeguarding the lifesupporting capacity of air, water, soil, and ecosystems. It should be noted that the Proposed Plan does not set out to prohibit subdivision or non-rural activities within rural areas but rather manage it in a sustainable manner. Having regard to the above discussion, it is recommended that submissions 117/39, FS 466/20, FS478/1, FS504/1 and FS511/21 be rejected. Submission 207/49 requests that Section 3.1, paragraph 9 be reviewed and amended to remove reference to define 'ad hoc' development. The submitter states that paragraph 9 makes reference to ad hoc development but what does this mean and where are examples within the District? Paragraph 9 of Section 3.1 reads: The Council is keen to ensure that ad hoc land use development is avoided. Council will monitor the development of both residential and business land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. Beca // 20 April 2010 // Page // NZ

17 Chapter 3 Land Use and Development Strategy Hearing Report There were two further submissions in opposition to submission 207/49 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/49 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/49 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. Ad hoc development refers to development undertaken with no regard to wider planning or growth strategies. Ad hoc development is often piecemeal and such sporadic and unplanned changes to land use have resulted in development patterns that create challenges in the subsequent development and implementation of infrastructure servicing. As expectations for environmental standards increase, particularly with respect to discharges to sensitive receiving environments, and as growth and development continue, it is expected that issues associated with ad hoc development will become increasingly significant. It is considered inappropriate to remove reference to ad hoc development, however, it may be useful to include definition of the terms as described above. Accordingly, it is recommended that submissions 207/49 and FS 494/1 be accepted in part, and submissions FS 509/6 and FS 510/6 be rejected, such that the Section 3.1, paragraph 9 be amended as follows: The Council is keen to ensure that ad hoc land use development is avoided. Ad hoc development refers to development undertaken with no regard to wider planning or growth strategies. Ad hoc development is often piecemeal and such sporadic and unplanned changes to land use have resulted in development patterns that create challenges in the subsequent development and implementation of infrastructure servicing. Council will monitor the development of both residential and business land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. Submissions 417/1, 426/1, 428/1 and 429/1 conversely to the Submission above, support the comment in 3.1 that "direction is required to avoid ad hoc expansion of settlements" and the Council's keenness "to ensure that ad hoc land use development is avoided". decision is requested and therefore no amendments are considered necessary. Submissions 417/2, 426/2, 428/2 and 429/2 support the identification in 3.1 of Growth Areas. One further submission was received in opposition to submission 417/2, two were received in support. Two further submissions were received in support of submissions 426/2, 428/2 and 429/2. FS 477/1 opposes submission 417/2. The submitter opposes the extent and scope of the growth area as proposed. Beca // 20 April 2010 // Page // NZ

18 Chapter 3 Land Use and Development Strategy Hearing Report FS 509/7 and FS 510/7 support submissions 417/2, 426/2, 428/2 and 429/2 as the provisions achieve the purpose and principles of the RMA. The submitters state they provide a mechanism to ensure the adequate and timely supply of business and residential land and it is appropriate for Council to identify areas for future growth. It is recommended that the submissions 417/2, 426/2, 428/2, 429/2 FS 509/7 and FS 510/7 be accepted, and submission FS 477/1 be rejected. amendments to the Proposed Plan are considered necessary. Submission 99/7 requests that paragraph 7, Section 3.1 be deleted. The submitter states that the assertion that making people reside in specific isolated small town areas and then commute to work will contribute to protecting rural economic opportunities, contributing to the social and economic well-being of the rural heartland is unsubstantiated and incorrect. Paragraph 7 of Section 3.1 reads: It is anticipated that the provision of identified Growth Areas, will encourage investment and attention to maintain the amenity of these areas. The provision of Growth Areas will also work to limit urban development in other areas, and will assist in protecting the values of these areas, including their amenity and character. This approach will assist in protecting rural economic opportunities, contributing to the social and economic well-being of the rural heartland. Two further submissions were received on submission 99/7, both in support. FS 472/1 supports submission 99/7 as it is a comprehensive and well thought analysis of the Draft Plan. The point is relevant to further submitter s situation as a ratepayer. FS 511/14 supports submission 99/7 as there is no clear explanation in the section 32 analysis as to why the rural subdivision provisions have been adopted. The submitter states the immediate application of the Engineering standards is technically incorrect as these replace standards with full weighting in the Operative District Plan. The submitter considers growth and overlay areas have not been appropriately investigate and the financial obligations to ratepayers have not been identified and does not support the introduction of any rule which compromises the activity of farming where resource consents are required for everyday activities. As has been evidenced within the Kaipara District and throughout New Zealand, uncontrolled urban growth has the potential to lead to a range of issues including those identified in Section 3.3 of the Proposed Plan: Future land use patterns unreasonably constraining rural land; Potential adverse effects of ad hoc residential and business development on natural and physical resources; and Potential to result in unsustainable and costly service provision to residential and business developments. Having regard to the above discussion, it is recommended that submissions 99/7, FS 472/1 and FS 511/14 be rejected. Submission 99/27 seeks that the reference to minimum size standards be deleted from Policy The submitter states that the subdivision of land should create sites which are of an appropriate size to achieve the scale, density and type of development which is provided for by the Objectives, Policies and Methods for each zone and that the standards should be used as guidelines not as inflexible minimum standards. Policy reads: Beca // 20 April 2010 // Page // NZ

19 Chapter 3 Land Use and Development Strategy Hearing Report By establishing standards for minimum site sizes, for each Zone in the District. Three further submissions were received on submission 99/27, one in opposition and two in support. FS 508/2 opposes submission 99/27 as it is considered that the Engineering Standards are necessary to manage the effects of development on the roading network including state highways. The submitter opposes the removal of road vesting for accessways and considers that the retention of the provision assists in ensuring that the effects of traffic generated by standards can be properly managed by the provision of appropriate roading facilities. FS 472/1 supports submission 99/27 as it is a comprehensive and well thought analysis of the Draft Plan. The point is relevant to further submitter s situation as a ratepayer. FS 511/14 supports submission 99/27 as there is no clear explanation in the section 32 analysis as to why the rural subdivision provisions have been adopted. The submitter states the immediate application of the Engineering standards is technically incorrect as these replace standards with full weighting in the Operative District Plan. The submitter considers growth and overlay areas have not been appropriately investigate and the financial obligations to ratepayers have not been identified and does not support the introduction of any rule which compromises the activity of farming where resource consents are required for everyday activities. The Proposed Plan establishes minimum site size standards which assist to achieve the objectives, policies and methods for the respective zones within the Plan, while still providing certainty for landowners and the community, and sufficient flexibility to establish sites to suit their particular needs. The use of fully discretionary regimes with no minimum lot sizes has been used within other districts and has been found to result in low certainty in regard to outcomes and high costs for Council and applicants. The Section 32 Report, particularly as it relates to Chapter 12 Rural and Chapter 13 Residential has undertaken a cost benefit analysis in relation to various approaches to subdivision, including lot sizes. In particular, when considering no minimum lot sizes for integrated development subdivision within rural areas, the following costs where stated: Risks to rural amenity open space. Limited direction on outcomes being sought may result in higher processing and application costs, cost to ratepayers generally and landowners. Risk of inconsistent decision making, given the broad scope of the rule. Having regard to the above, it is recommended that submission 99/27, FS 472/1 and FS 511/14 be rejected and submission FS 508/2 be accepted. Submission 103/7 seeks that the following sentence to be added to the end of the 9th paragraph of Clause 3.1 as follows: The Council is keen to ensure that ad hoc land use development is avoided. Council will monitor the development of both residential and business land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. The Council will require a Structure Plan to be completed either before or at the same time any Plan Change proposed for land within a Growth Area. FS 465/3 supports submission 103/7 because it is appropriate and necessary that structure planning preceded the development of identified growth areas if ad-hoc development is to be Beca // 20 April 2010 // Page // NZ

20 Chapter 3 Land Use and Development Strategy Hearing Report avoided. The submitter states that growth areas give effect to the New Zealand Coastal Policy Statement (Policy 1.1.1). The submitter considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the submitter considers that Chapter 3 should be amended to indicate that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. The intention of the submission is considered to be appropriate. To achieve a sustainable balance between current and future generations, Council has sought to provide direction on future development and to establish, through monitoring of demand, a programme for future structure planning of identified Growth Areas. twithstanding this, there may be instances where a Proposed Plan change does not require a structure plan (e.g. the land use proposed or the scale of development may not warrant a structure plan). Having regard to the above, it is recommended that submissions 103/7 and FS 465/3 be accepted in part and that the additional wording requested be provided for as follows: The Council is keen to ensure that ad hoc land use development is avoided. Council will monitor the development of both residential and business land during the District Plan period, and proposes to initiate Structure Plans for the Growth Areas as demand arises. In addition, Council provides the opportunity for such investigations to be initiated privately, where this will enable individual economic opportunities in these areas to be realised. Unless shown to be otherwise unnecessary, the Council will require a Structure Plan to be completed either before or at the same time as any Plan Change proposed for land within a Growth Area. c. Growth Areas and Structure Plans Submission 207/48, 207/50 and 207/51 seek that all identified growth areas are deleted from the Plan. The submitter does not agree with this approach as some areas are not suffering from growth pressure and further states that the identification of Growth Areas within the Plan is contrary to the underpinnings of the Plan which seeks to encourage growth and development in the District. The submitter states that growth areas do not need to be included in the Plan for future structure planning exercises to be undertaken. There were three further submissions in opposition to submissions 207/48 and 207/50 and one further submission in support of them. There were two further submissions in opposition to submission 207/51 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submissions 207/48, 207/50 and 207/51 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Beca // 20 April 2010 // Page // NZ

21 Chapter 3 Land Use and Development Strategy Hearing Report Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 465/58 opposes submission 207/48 and 207/50 as the identification and management of growth areas in the Proposed Plan gives effect to the New Zealand Coastal Policy Statement (Policy 1.1.1). The submitter states that deleting the issue would result in a national policy statement not being given full effect to. FS 494/1 supports submission 207/48, 207/50 and 207/51 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. Submission 207/47 requests that all reference to structure plans be removed from the Proposed Plan. The submitter does not agree with the development of Structure Plans (non-statutory documents) which have limited weighting until such a time as they are formally adopted into a plan. There were three further submissions in opposition to submission 207/47 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/47 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 465/47 opposes submission 207/47 and states structure planning is a necessary tool in the Proposed Plan to achieve the purpose of the RMA and give effect to policy statement. FS 494/1 supports submission 207/47 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined within the Section 32 Report, the District Plan must provide for the sustainable management of both urban and rural resources and Council considers that such development should be comprehensively planned and managed to address potential resource management issues. To achieve a sustainable balance between current and future generations, Council has sought to provide direction on future development and to establish, through monitoring of demand, a programme for future structure planning of identified Growth Areas. Recognising the uncertainty of the timing for future land use change and the limited resources of Council, the Land Use and Development Strategy seeks to provide clear direction on future Growth Areas without placing undue costs and resources on existing and current communities to fully investigate these areas (as would be required for full re-zoning). The purpose of the Land Use and Development Strategy is also to identify areas that need to be protected from residential and business growth. As demand for residential and business land occurs, the Council intends to undertake Structure Planning, followed by re-zoning of these areas. This enables the community to have confidence that adequate land will continue to be provided, and ensures that other rural landowners will be able to manage their activities without the risk of uncoordinated, ad hoc development occurring that may negatively impact on their ability to sustainably manage their resources. Furthermore, it provides the opportunity for privately initiated investigations and Plan Changes to be undertaken to enable parties to realise individual economic opportunities. The provision of identified growth areas is an appropriate method to address the range of issues outlined in Section 3.3 and, subsequently, the purpose of the Act. The intent is not to only provide appropriate growth strategies for those areas currently subject to growth pressure but to provide Beca // 20 April 2010 // Page // NZ

22 Chapter 3 Land Use and Development Strategy Hearing Report direction for sustainable growth of the existing and future growth areas. Having regard to the above discussion, it is recommended that submissions 207/48, 207/50 207/51, 207/47, FS 494/1 and FS 494/1 be rejected and submissions FS 465/47, FS 509/6, FS 510/6, FS 465/58, FS 509/6 and FS 510/6 be accepted. Submission 450/8 states that the Mangawhai Structure Plan (MSP) is effectively nullified since most of the rural residential zone has been removed and when combined with the Harbour Overlay this nullifies the intent of the MSP. The MSP was adopted by Council in 2005 and provides a strategic framework to assist in guiding decisions on development, infrastructure management, and environmental matters for Mangawhai. Chapter 3B summarises the methods that the Council intends to use to implement the Structure Plan and specifies the outcomes being sought through the District Plan. In this manner, the Council, through the Proposed Plan, has taken proactive steps to ensure that the intent of the MSP be implemented over time. The removal of the rural residential zone and addition of the Harbour Overlay will not detract from the overall intent of the MSP. As discussed in the Section 32 Report, it was considered that the additional subdivision provisions in the Mangawhai Harbour Overlay (in the area of the Structure Plan) adequately provided for the outcomes of the rural-residential policies of the Structure Plan without the costs and other disbenefits of establishing a rural-residential zone in the District. It is recommended that the submission be rejected. 2.4 Submissions about Issues The submissions dealt with in this section are outlined in Table 1.2 of Appendix 1 and relate to Section 3.3 Issues of the Proposed Plan Analysis and Recommendations a. Section 3.3 Issues Submission 103/4 seeks that Section 3.3 be retained in its current form. The submitter supports in principle the strategic approach taken to long-term planning within the District. It is recommended that the submission be accepted. Submission 222/6 seeks that Section 3.3 be amended to so that the emphasis is on Council taking a leadership role in creating land use opportunities (for new residential and business land), but not at the expense of excessive or unnecessary damage to our environment. It is considered that the Council, through the methods described in the District Plan, is taking a proactive role in the leadership in creating land use opportunities while seeking to avoid potential adverse effects on the environment. While the intent the submission is considered to be fulfilled by the Plan, no amendments are considered necessary and it is recommended that the submission be rejected. b. Issue It is anticipated that there will be future demand for new residential and business land. However, there is uncertainty with respect to the timing and realisation of the uptake for such areas. Submission 319/4 seeks that Issue be retained in is current form. The submitter supports the issue as it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. It is recommended that the submission be accepted. Beca // 20 April 2010 // Page // NZ

23 Chapter 3 Land Use and Development Strategy Hearing Report c. Issue Uncertainty over future land use patterns has the potential to place unreasonable constraints on the rural resource. Submission 207/52 seeks that Issue be deleted. The submitter considers the Kaipara District does not display the growth pressure characteristics that generate effects which either prohibit rural activities or render them untenable. It is considered that there are mechanisms that can be imposed at resource consent stage to manage this effect without the need for onerous and costly non-statutory processes. There were three further submissions in opposition to submission 207/52 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/52 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 466/18 opposes submission 207/ 52 because it is important to retain recognition of reverse sensitivity. FS 494/1 supports submission 207/52 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined within the Section 32 Report, there has been little control over the effect of activities located at or near the boundaries between residential/business and rural areas. Growing awareness of the impacts of rural activities on adjoining land uses (e.g. from spray drift, noise and other emissions) has the potential to increase reverse sensitivity conflicts between these activities. Uncertainty about future land use patterns, resulting from ad hoc development has the potential to constrain investment and development opportunities in the rural heartland. Planned development reduces demand for ad hoc land use change and will minimise the potential for conflict between rural and urban land uses. The identification of future development areas will also enable the future interface of residential and business land uses with rural areas to be planned for. Managing such issues solely through the resource consent process will not result in sustainable management of the District s resources. Having regard to the above discussion, it is recommended that submissions 207/52 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6 and FS 466/18 be accepted. d. Issue Ad hoc residential and business development has the potential to adversely impact on the District s natural and physical resources; and Issue Ad hoc residential and business development can reduce the ability to provide appropriate infrastructure servicing to these developments, which in turn has the potential to adversely impact the District s natural resources, particularly sensitive receiving environments. Submission 207/53 seeks that Issue be deleted. The submitter states that the new effects based regime encourages development and growth so long as effects can be managed. As such, there are no specific areas within the District that such business activities should be located. To develop Structure Plans and Growth Areas flies in the face of the effects-based regime. It is questioned whether ad-hoc development can actually be managed under an effects based regime. Beca // 20 April 2010 // Page // NZ

24 Chapter 3 Land Use and Development Strategy Hearing Report There were two further submissions in opposition to submission 207/53 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/53 as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports Submission 207/53 as they have the best interests of the ratepayers at heart. Submissions are well written and researched. As outlined within the Section 32 Report, to accommodate unsatisfied demand and due to limited zoning and/or mismatches between the provision and demand for residential and business development, Council has been under pressure to provide for these activities on rural land (e.g. via resource consents) or to consider small-scale Plan Changes. This has not been considered effective in terms of meeting people s needs and expectations or in some cases in protecting the District s natural and physical resources and providing for servicing of these areas. The District Plan needs to provide for the sustainable management of these more urban demands and the natural and physical resources of the District. In this respect, Council considers that future residential and business development should be comprehensively planned and managed. Having regard to the above discussion, it is recommended that submissions 207/53 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Submission 135/17 seeks that Issues and be amended so they apply to ad hoc rural residential and lifestyle development as well as residential and business development. The submitter states that this is a significant resource management issue with the ad hoc development of rural residential and lifestyle lots, especially within the coastal environment and in areas of high landscape or ecological value. Issues and set out to respond to issues associated with urban development, as opposed to residential development within rural areas. It is considered that the issues associated with potential ad hoc development in rural areas are adequately identified within Chapter 2 District Wide Resource Management Issues and Chapter 12 Rural. twithstanding the previous statement, it is also noted that the term residential could effectively include residential activities within rural areas and, for this reason, no amendment is necessary. Having regard to the above discussion, it is recommended that the submission be rejected. Submissions 417/3, 426/3, 428/3 and 429/3 support Issues and in there current form. decision is requested and therefore no amendments are considered necessary. Submission 169/2 supports Issue in its current form and agrees that the potential for reverse sensitivity is a significant issue and supports the objectives and policies that relate to the issue. There were two further submissions in support of submission 169/2. FS 498/218 supported submission 169/2 for the reasons provided by the submitter. Beca // 20 April 2010 // Page // NZ

25 Chapter 3 Land Use and Development Strategy Hearing Report FS 487/6 supported submission 169/2 as the potential for reverse sensitivity is a significant issue and objectives and policies which acknowledge this are supported. Retain Issue and those objectives and policies relating to reverse sensitivity (Objectives 3.4.2, and associated policies). It is recommended that submissions 169/2, FS 498/218 and FS 487/6 be accepted. Submission 319/13 conditionally supports Issue subject to flexibility of appropriately locating new business activities and ensuring a sufficient supply of subdivision and land use opportunities. It is considered that the provisions of the Proposed Plan allow for flexibility of appropriately locating new business activities and ensuring a sufficient supply of subdivision and land use opportunities. However, no decision is requested by the submitter and therefore no amendments are considered necessary. Submission 207/54 seeks that Issue be deleted. The submitter states that despite the effects based nature of the Plan, methods are being proposed to ring fence appropriate areas for specific activities in the District. This issue sends a message that Council is responsible for the appropriate servicing of future developments. However, the onus, through the District Plan, should be on developers to provide satisfactory infrastructure when and where is it required. There were two further submissions in opposition of submission 207/54 and one further submission in support of it. FS 509/6 and FS 510/6 opposed submission 207/54 as the relief sought would not achieve the principles and purpose of the RMA. The submitter states the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supported submission 207/54 as they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, sporadic and unplanned changes to land use have resulted in development patterns that create challenges in the subsequent development and implementation of infrastructure servicing. As expectations for environmental standards increase, particularly with respect to discharges to sensitive receiving environments, and as growth and development continue, it is expected that this issue will become increasingly significant. In response to this, Council considers that future residential and business development should be comprehensively planned and managed, with infrastructure and servicing identified and provided for alongside or in advance of such development. It is the Council s role as a local authority to ensure that appropriate mechanisms, such as structure plans for future growth areas, are in place to ensure that growth of the District occurs in a coordinated, sustainable manner. Having regard to the above discussion, it is recommended that submissions 207/54 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Beca // 20 April 2010 // Page // NZ

26 Chapter 3 Land Use and Development Strategy Hearing Report e. Issue There is uncertainty on the development potential in identified Growth Areas, due to natural and physical limitations. Submissions 99/6 and 207/55 seek that Issue be deleted. The submitters states that a shortage of land is only created by the bizarre Proposed Plan methodology of placing a metropolitan urban limit around tiny rural settlements (growth areas); that the inclusion of identified growth areas increases speculation, encourages land banking and in effect makes it difficult for the resident population of Kaipara to reside in these areas; and to identify areas as Growth Areas, before any investigations have been undertaken, is inappropriate. There were three further submissions in opposition to 207/55 and one further submission in support of it; and one submission opposing 99/6 and one submission supporting it. FS 509/6 and FS 510/6 oppose submission 207/53 as the relief sought would not achieve the principles and purpose of the RMA. The submitter states that the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 465/48 opposes submission 207/55 as the identification and management of growth areas in the Proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in not giving full effect to a national policy statement. FS 465/97 opposes submission 99/6 as the identification and management of growth areas in the Proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in a national policy statement not being given full effect to. FS 472/1 supports submission 99/6 as they consider it to be part of a comprehensive and well thought analysis of the Draft Plan. All points covered are relevant to my situation as a ratepayer. FS 494/1 supports submission 207/55 as they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, sporadic and unplanned changes to land use have resulted in development patterns that create challenges in the subsequent development and implementation of infrastructure servicing. As expectations for environmental standards increase, particularly with respect to discharges to sensitive receiving environments, and as growth and development continue, it is expected that this issue will become increasingly significant. In response to this, Council considers that future residential and business development should be comprehensively planned and managed, with infrastructure and servicing identified and provided for alongside or in advance of such development. It is the Council s role as a local authority to ensure that appropriate mechanisms, such as structure plans for future growth areas, are in place to ensure that growth of the District occurs in a coordinated, sustainable manner. Having regard to the above discussion, it is recommended that submissions 99/6, 207/55, FS 472/1 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6, FS 465/48 and FS 465/97 be accepted. Submission 319/16 conditionally supports Issue subject to ensuring that structure planning requirements are not onerous, provide for a sufficient supply of subdivision and land use opportunities for business development and that the development of new infrastructure does not unduly delay development. It is considered that the provisions and methods outlined within the Proposed Plan are not overly onerous and provide sufficient opportunities for future development. Accordingly it is recommended that the submission be accepted, with no amendment considered necessary. Beca // 20 April 2010 // Page // NZ

27 Chapter 3 Land Use and Development Strategy Hearing Report Submission 413/9 states that structure planning is an appropriate mechanism to manage the uncertainty on the development potential in the identified growth areas, due to natural and physical limitations (Issue 3.3.5); New Zealand Historic Places Trust requests input into this process. The submitter requests that Council provide a District Wide heritage strategy. There were three further submissions in support of submission 413/9. FS 495/1 supports submission 413/9 as landscape values must be defined to prevent further structures being built on the tops of hills so ruining the visual catchments. FS 492/1 supports submission 413/9 because the New Zealand Historic Places Trust have the reputation and skills to advise council on how best to implement the diverse commitments that council have made in Chapter 17. FS 482/1 supports submission 413/9 because the Proposed District Plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules and does not have adequate rules and methods to protect sites from inappropriate subdivision, use and development. The submitter thinks the New Zealand Historic Places Trust should be treated as an affected party on matters relating to development in the vicinity of archaeological sites and should make use of ArchSite, an online site recording scheme, when assessing development proposals. The submitter states that apart from a few coastal areas Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. Preparation of structure plans will be subject to a public consultation process. It is the Council s intention that the community and key stakeholders, such as the New Zealand Historic Places Trust, will be consulted (including the opportunity to make submissions) on any structure plans relating to future growth of the Kaipara District s communities (it is recommended that this part of the submission be accepted). With regard to the requested District Wide heritage strategy, as outlined in Chapter 17, the Council will progressively develop a database of heritage features. The database will contain information on the type, location, history, heritage values, level of significance, vulnerability, condition and protection status of the heritage places in the District. As part of this database, Council will progressively compile electronic maps of the District s heritage resources, in collaboration with other key agencies, in particular the New Zealand Historic Places Trust and the New Zealand Archaeological Association. These maps will be initially used for education and the provision of information. Council will consider as part of the Long Term Council Community Plan planning cycle, whether a future Plan Change (including landowner consultation) should be undertaken to include these mapped areas and associated rules in the District Plan. It is also noted that the that the Proposed Plan provides for the protection of scheduled heritage resources through Chapter 17, which will continue to be added to throughout the life of the Plan. Accordingly, no amendment is considered necessary (and it is recommended that this part of the submission be rejected). Having regard to the above discussion, it recommended that the submissions and further submissions be accepted in part, to the extent that the following sentence be added to Section 3.6.3: The Council recognises the importance to engage with the community and other key stakeholders as part of any future structure planning exercises that may affect growth areas that they live and work in. Accordingly, consultation will form an important part of the future structure planning framework that has been identified within this Plan. Beca // 20 April 2010 // Page // NZ

28 Chapter 3 Land Use and Development Strategy Hearing Report 2.5 Submissions about Objectives and Policies The submissions dealt with in this section are outlined in Table 1.3 of Appendix 1 and relate to Section 3.4 Objectives and Section 3.5 Policies of the Proposed Plan Analysis and Recommendations a. General Submissions to Objectives and Policies Submission 98/3 seeks that KDC develop a strategic direction for the District through a more comprehensive set of zones, particularly in relation to the rural zones; and that the KDC develop appropriate objectives, policies, and methods for these additional zones and map these accordingly. The submitter states that investors and developers prefer to have clear signals and reduced uncertainty; and that the development of a land use strategy can provide these signals and reduce uncertainty to investors which will encourage growth and investment. One further submission was received opposing submission 98/3, and one was received in support. FS 465/90 opposes submission 98/3 as no detail is given on the proposed new zones or the proposed strategic direction. The submitter states the relief sought is too uncertain to ensure that sustainable management would be achieved or that national and regional statements would be given effect to. FS 511/13 supports submission 98/3 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. As stated within Section 3.1 of the Proposed Plan, the Council has established a Strategy that provides direction to enable both current and future residential and business development within the Kaipara District, over the period of the Plan and beyond. In addition to this, Council has taken an approach that recognises the current limit of resources to commit to this future development and the uncertainty over when development pressure is likely to require land areas to be available. It is considered that this approach is appropriate in terms of seeking a balance between encouraging future capital investment and development and achieving the purpose of the Act. As outlined in the Section 32 Report, KDC considered the technical options and evaluations made in regard to the consideration of additional zones and gave consideration to the costs and benefits of the Planning options at a number of workshops. In particular, consideration was given to the costs associated with an additional zone (e.g. the scale of the Plan, and the need to balance Council's aspiration to set direction for growth while enabling flexibility in land use patterns). Furthermore, an additional amendment to the Plan was made, providing greater flexibility in lot sizes in the Rural Zone where integrated development and catchment Structure Plan s have been prepared - achieving many of the outcomes sought by the Council and the community. Having regard to the above discussion, it is recommended that submissions 98/3 and FS 511/13 be rejected and submission FS 465/90 be accepted. Submission 319/9 conditionally supports Objectives 3.4.2, 3.4.3, 3.4.3, 3.4.4, and and the direction of the majority of new growth into Growth Areas provided that appropriate locations for business growth are identified and development in those areas is enabled. The submitter also supports that new development is comprehensively planned. The submitters seeks that Objectives 3.4.2, 3.4.3, 3.4.3, 3.4.4, and are amended to ensure appropriate locations for business Beca // 20 April 2010 // Page // NZ

29 Chapter 3 Land Use and Development Strategy Hearing Report growth are identified and enabled; and to provide appropriate level of flexibility and ensure planning requirements are not unduly onerous. It is considered that the provisions of the Proposed Plan generally meet the intent of the submission, while also ensuring that potential adverse effects on the environment will be no more than minor. The intent the submission is considered to be fulfilled by the Plan; therefore no amendments are considered necessary. b. Section 3.4 Objectives Submission 135/18 requests that the following objective be added to Section 3.4: To manage subdivision and development that ensures consolidated development in appropriate locations where natural character is compromised and that avoids sprawling or sporadic subdivision and ribbon development. It is considered that the intent of the submission is effectively achieved through the existing proposed objectives in Section 3.4. In particular Objective aims to restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. This includes areas which are subject to adverse natural events such as ground instability and flooding, unidentified areas of cultural, historic, ecological value and specific amenity values of existing settlements. Objective states: To restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. The proposed methods (i.e. zoning and structure planning) will assist to consolidate residential and business land use where appropriate. Having regard to the above discussion, it is recommended that the submission be rejected. Submission 222/7 states that the objectives in Section 3.4 are too limp and need to be firmed up or strengthened, with the Council taking more ownership of these. As evidenced by the relevant Section 32 Report, it is considered that, with the exception of those amendments recommended within this report, the objectives in Section 3.4 of the Proposed Plan are appropriate. It is recommended that the submission be rejected. Submission 103/9 seeks the addition of an Objective at Clause 3.4 worded as follows: To ensure that future residential and business development within Growth Areas promotes the efficient use and development of the infrastructure resources of the District, including the State highway network. The submitter considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZ Transport Agency's statutory objectives. It is considered that the intention of the submission is achieved through Objective 2.4.8, contained in Chapter 2 District Wide Resource Management Issues: Throughout the District, to enable the development and management of utilities and the transport network particularly where this is undertaken in conjunction with land use development and change. Beca // 20 April 2010 // Page // NZ

30 Chapter 3 Land Use and Development Strategy Hearing Report As outlined in the Section 32 Report, this objective seeks to provide for the safe and efficient development and management of utilities and the transport network. The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social and economic wellbeing by enabling the development and management of utilities and the transport network especially in areas identified for future growth and land use change. Having regard to the above discussion, it is recommended that the submission be accepted in part, with the following text added to the Objective to clarify that the transport network includes the state highway network: Throughout the District, to enable the development and management of utilities and the transport network (including the state highway network) particularly where this is undertaken in conjunction with land use development and change. c. Objective To establish an effective and sustainable supply of residential and business land to meet the current and future demands of the Kaipara District and enable the community to provide for their social and economic well-being. Submission 319/5 supports Objective because it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. decision is requested and therefore no amendments are considered necessary. Submission 207/56 requests that Objective be deleted as it is inappropriate for Council to carry out this function. The rules included in the District Plan should satisfactorily manage development in the District. There were two further submissions in opposition to submission 207/56 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/56 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/56 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, this objective provides for the future demand of residential and business land to provide for social and economic wellbeing. It is important to establish an effective and sustainable supply to meet current and future demands of the Kaipara District. The objective responds appropriately to the purpose of the Act by: The objective sustains the ability for the public and future generations to provide for their social and economic wellbeing by establishing an effective and sustainable supply of residential and business land (s5(2)(a)); For this land to be effective and sustainable it must be comprehensively planned and managed to avoid adverse effects. The avoidance of adverse effects will assist in safeguarding the lifesupporting capacity of air, water, soil, and ecosystems (s5(2)(b)); and Beca // 20 April 2010 // Page // NZ

31 Chapter 3 Land Use and Development Strategy Hearing Report For future supply of residential and business land to be sustainable it is implicit that there is some for of appropriate management. Such management provides for the avoidance, remediation and mitigation of potential adverse effects (s5(2)(c)). Having regard to the above discussion, it is recommended that submissions 207/56 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. d. Objective To minimise the ad hoc expansion of residential and business activities in the rural heartland, where such activities have the potential to give rise to adverse environmental effects and issues of reverse sensitivity. Submission 207/57 requests that Objective be deleted. The submitter states that the objective essentially promotes residential and business activities being undertaken in those areas currently identified for residential or commercial purposes and necessitates the need for a structure planning process prior to development being undertaken outside of these areas. The submitter believes this is contrary to the effects based planning regime of the Plan, particularly with respect to commercial development, which will be facilitated both within the residential and rural zones through the new rules proposed. There were three further submissions in opposition to submission 207/57 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/57 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 465/49 opposes submission 207/ 57 because the objective addresses an important resource management issue about managing the actual and potential effects of ad-hoc development on natural and heritage values. The submitter states the objectives is appropriate and helps achieve the sustainable management of natural and physical resources. FS 494/1 supports submission 207/57 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, this objective aims to minimise the ad hoc expansion of residential and business activities in the rural heartland, where such activities have the potential to give rise to adverse environmental effects and issues of reverse sensitivity (this includes spray drift, noise and other emissions). Planned development minimises the potential conflict between rural and urban land uses. The objective responds appropriately to the purpose of the Act by: The objective sustains the potential for natural and physical resources to meet the needs of future generations by minimising the ad hoc expansion of residential and business activities in the rural heartland where such activities have the potential to give rise to adverse environmental effects (e.g. traffic, inappropriate servicing) and issues of reverse sensitivity (e.g. spray drift, noise etc) (s5(2)(a)); The objective minimises the ad hoc expansion of residential and business activities in the rural heartland, where such activities have the potential to give rise to adverse environmental effects and issues of reverse sensitivity. This assists in safeguarding the life-supporting capacity of air, water, soil, and ecosystems in the rural environment, insomuch as these activities are generated Beca // 20 April 2010 // Page // NZ

32 Chapter 3 Land Use and Development Strategy Hearing Report from residential and business activities but not rural activities (this is not considered to be to a significant degree) (s5(2)(b)); and The objective aims to minimise the conflict between residential and business uses and rural uses. This provides for the avoidance, remediation and mitigation of potential adverse environmental and reverse sensitivity effects (e.g. from spray drift, noise and other emissions) which may affect business and residential activity (s5(2)(c)). Having regard to the above discussion, it is recommended that submissions 207/57 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6 and FS 465/49 be accepted. Submission 417/4, 426/4, 428/4 and 429/4 support Objectives and decision is requested and therefore no amendments are considered necessary. Submission 413/10 supports the minimisation of ad hoc expansion as referred to in Objective Three further submissions were received in support of submission 413/10. FS 495/1 supports submission 413/10 as landscape values must be defined to prevent any further structure being built on the tops of hills to ruining the visual catchments. FS 492/1 supports submission 413/10 as the New Zealand Historic Places Trust have the reputation and skills to advise council on how best to practically implement the diverse commitments that Council has made in Chapter 17. FS 482/1 supports submission 413/10 because the Proposed District Plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules and does not have adequate rules and methods to protect sites from inappropriate subdivision, use and development. The submitter thinks the New Zealand Historic Places Trust should be treated as an affected party on matters relating to development in the vicinity of archaeological sites and should make use of ArchSite, an online site recording scheme, when assessing development proposals. The submitter states that apart from a few coastal areas Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. It is recommended that the submissions 413/10, FS495/1, FS 492/1 and FS 482/1 be accepted. amendments to the Proposed Plan are considered necessary. e. Objective To restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. Submission 207/58 requests that Objective be deleted as it is inappropriate for Council to carry out this function. The rules included in the District Plan should satisfactorily manage development in the District. There were three further submissions in opposition to submission 207/52 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/58 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A Beca // 20 April 2010 // Page // NZ

33 Chapter 3 Land Use and Development Strategy Hearing Report achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 465/50 opposes submission 207/58 because the objective assists in the achievement of the sustainable management of natural and physical resources. The submitter states the example that it helps recognise the and provide for matters of national importance and helps give effect to the New Zealand Coastal Policy statement and Regional Policy Statement for rthland. FS 494/1 supports submission 207/58 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, this objective aims to restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. This includes areas which are subject to adverse natural events such as ground instability and flooding, unidentified areas of cultural, historic, ecological value and specific amenity values of existing settlements. The objective responds appropriately to the purpose of the Act by: The objective sustains the potential for natural and physical resources to meet the needs of future generations by restricting growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments (s5(2)(a)); The objective restricts growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. This assists in safeguarding the life-supporting capacity of air, water, soil, and ecosystems in the rural environment (s5(2)(b)); and The objective aims to restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments. This therefore provides for the avoidance, remedying and mitigation of adverse effects (s5(2)(c)). Having regard to the above discussion, it is recommended that submissions 207/58 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6 and FS 465/50 be accepted. Submission 413/11 supports Objective Three further submissions were received in support of submission 413/11. FS 495/1 supports submission 413/11 as landscape values must be defined to prevent any further structure being built on the tops of hills to ruining the visual catchments. FS 492/1 supports submission 413/11 as the New Zealand Historic Places Trust have the reputation and skills to advise council on how best to practically implement the diverse commitments that Council has made in Chapter 17. FS 482/1 supports submission 413/11 because the Proposed District Plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules and does not have adequate rules and methods to protect sites from inappropriate subdivision, use and development. The submitter thinks the New Zealand Historic Places Trust should be treated as an affected party on matters relating to development in the vicinity of archaeological sites and should make use of ArchSite, an online site recording scheme, when assessing development proposals. The submitter states that apart from a few coastal areas Kaipara has not been Beca // 20 April 2010 // Page // NZ

34 Chapter 3 Land Use and Development Strategy Hearing Report comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. It is recommended that the submissions 413/11, FS 495/1, FS 492/1 and FS 482/1 be accepted. amendments to the Proposed Plan are considered necessary. Submission 169/8 seeks that Objective be amended as follows: To restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments and/or create potential conflicts with infrastructure of national importance as delineated on the District Plan Planning Maps Series 2. FS 498/218 supports submission 169/8 for the reasons provided by the submitter. It is considered that the intention of the submission is achieved through Objective 2.4.8, contained in Chapter 2 District Wide: Throughout the District, to enable the development and management of utilities and the transport network particularly where this is undertaken in conjunction with land use development and change. As outlined in the Section 32 Report, this objective seeks to provide for the safe and efficient development and management of utilities and the transport network. The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social and economic wellbeing by enabling the development and management of utilities and the transport network especially in areas identified for future growth and land use change. Having regard to the above discussion, it is recommended that the submissions be rejected. f. Objective To ensure emissions, discharges and effects of residential and business development are managed so that adverse effects on the surrounding environment, including existing settlement areas, are comprehensively addressed. Submission 207/59 requests that Objective be amended to read: To ensure the effects of residential and business development are managed so that adverse effects on the surrounding environment are comprehensively addressed. There were two further submissions in opposition to submission 207/59 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/59 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/59 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. The submitter states that while the intent of this Objective is supported, it is considered that generally, the monitoring and control of emissions and discharges is a function of the rthland Beca // 20 April 2010 // Page // NZ

35 Chapter 3 Land Use and Development Strategy Hearing Report Regional Council (perhaps with the exception of noise) and as such is not necessary for the Council to manage. Existing settlement areas comprise the environment and as such, it is considered that the inclusion of this sentence is unnecessary. This objective specifically aims to ensure emissions, discharges and effects of residential and business development are managed so that adverse effects on the surrounding environment, including existing settlement areas, are comprehensively addressed through structure planning. This is an appropriate role for the KDC as it protects the District s natural and physical resources. It is considered that the amendments requested by the submitter will nullify the specific intent of the objective. Having regard to the above discussion, it is recommended that submissions 207/59 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. g. Objective To provide appropriate infrastructure and servicing in advance of or alongside future residential and business development. Submission 207/60 requests that Objective be amended to make clear reference that obligation lies with developers to provide servicing where necessary. There were two further submissions in opposition to submission 207/60 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/60 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/60 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. While it likely that in most instances the requirement will lie with the developer to provide for infrastructure related to future development, it is not the intent of the objective to state who is responsible for the establishment of such infrastructure, as this may vary and is a matter that will be dealt with as a part of the Council s financial and development contributions policy. Rather the aim of the objective is to recognise that sporadic and unplanned changes to land use have resulted in development patterns that create challenges in the subsequent development and implementation of infrastructure servicing. The objective aims to ensure that appropriate infrastructure and servicing is provided in advance of or alongside future residential and business development to resolve this issue and avoid, remedy or mitigate potential adverse effects. Having regard to the above discussion, it is recommended that submissions 207/60 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Submission 103/5 seeks that the Council amend Objective so that it reads as follows: 'To ensure that appropriate infrastructure and servicing (including roading) is provided in conjunction with subdivision, residential and business development'. The submitter also seeks that Council amend Policy as follows: Beca // 20 April 2010 // Page // NZ

36 Chapter 3 Land Use and Development Strategy Hearing Report By ensuring infrastructure and servicing (e.g. transport, stormwater and sewage reticulation and treatment systems and networks) for new development areas are designed and provided for at the outset of development, so that any adverse effects on the environment or existing systems are adequately avoided, remedied or mitigated. The existing wording of Objective provides greater emphasis on the provision of infrastructure prior to development. The term infrastructure and servicing is considered to capture roading sufficiently. Accordingly, no amendment is considered necessary to Objective With regard to Policy 3.5.5, it is considered appropriate to amend the provision as requested. Accordingly, it is recommended that the submission be accepted in part, such that Policy as requested: By ensuring infrastructure and servicing (e.g. transport, stormwater and sewage reticulation and treatment systems and networks) for new development areas are designed and provided for at the outset of development, so that any adverse effects on the environment or existing systems are adequately avoided, remedied or mitigated. h. Objective To provide clear direction on the information, planning and management requirements considered to be required to enable future changes in land use within the identified development areas. Submission 207/61 requests that Objective be deleted, as planning within growth areas through structure planning is not supported. There were two further submissions in opposition to submission 207/61 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/61 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/61 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. This objective seeks to provide clear direction on the information, planning and management requirements considered to be required to enable future changes in land use within the identified development areas. Structure planning is considered by Council as an appropriate mechanism to comprehensively plan and manage future development in these areas. The objective responds appropriately to the purpose of the Act by: The objective seeks to provide clear direction on the information, planning and management requirements considered to be required to enable future changes in land use within the identified development areas. This will enable appropriate development of natural and physical resources to meet the needs of future generations (s5(2)(a)); The objective seeks to provide clear direction on the information, planning and management requirements considered to be required to enable future changes in land use within the identified development areas. This assists in safeguarding of the life-supporting capacity of air, water, soil, and ecosystems (s5(2)(b)); and Beca // 20 April 2010 // Page // NZ

37 Chapter 3 Land Use and Development Strategy Hearing Report The objective seeks to provide clear direction on the information, planning and management requirements considered to be required to enable future changes in land use within the identified development areas. This direction and management assists in avoiding, remedying and mitigating potential adverse effects on the environment (s5(2)(c)). Having regard to the above discussion, it is recommended that submissions 207/61 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. i. Objective To provide adequate areas to accommodate future residential development which maximise the use of existing infrastructure. Submission 207/62 requests that Objective be deleted, as planning within growth areas through structure planning is not supported. The submitter states that the effects based regime should be sufficient to ensure development outside of identified residential or commercial areas is satisfactorily serviced; and infrastructure capacity can be determined at resource consent stage, without the need for a structure planning exercise. There were two further submissions in opposition to submission 207/62 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/62 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/62 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. Submission 99/8 states that rural residents do not necessarily want to be crammed into high density accommodation which maximises 'the use of existing infrastructure'; residents live in the rural area to avoid such intensity; and residents and ratepayers have not asked for such an objective. The submitters seeks that KDC either provide evidence that Objective is what the residents have asked for or, delete the objective and modify/delete its resultant methods and rules for consistency. FS 472/1 supports submission 99/8 as it is a comprehensive and well thought analysis of the Draft Plan and the points are relevant to the submitter s situation as a ratepayer. The objective does not seek to cram rural residents into high density accommodation. Rather the objective recognises that future residential and business development which is inadequately serviced is likely to generate adverse environmental effects. The Council will need to ensure that infrastructural planning is co-ordinated with the development of new residential areas, and that new residential development does not occur ahead of adequate infrastructure provision. The objective seeks to provide adequate areas to accommodate future residential development which maximise the use of existing infrastructure. The objective responds appropriately to the purpose of the Act by: The objective seeks to provide adequate areas to accommodate future residential development which maximise the use of existing infrastructure. This will enable the appropriate development of natural and physical resources to meet the needs of future generations. (s5(2)(a)); The objective seeks to provide adequate areas to accommodate future residential development which maximise the use of existing infrastructure. This assists in the safeguarding of the life- Beca // 20 April 2010 // Page // NZ

38 Chapter 3 Land Use and Development Strategy Hearing Report supporting capacity of air, water, soil, and ecosystems by minimising additional infrastructure development. (s5(2)(b)); and The avoidance, remediation or mitigation of adverse effects on the environment is not explicitly provided for in this objective. However, it does seek to minimise requirements for new infrastructure investment, which have potential to generate adverse effects (particularly associated with issues of fragmentation of infrastructure service providers and the costs of maintenance associated with decentralised systems) (s5(2)(c)). Having regard to the above discussion, it is recommended that submissions 207/62, 99/8 and FS 494/1 be rejected and submissions FS 509/6, FS 510/6 and FS 472/1 be accepted. j. Section 3.5 Policies Submission 135/19 states that Policies 3.5.1, and provide for clear direction of residential and business growth in the District; and provide some certainty that growth in the Kaipara is not favoured in an ad hoc manner. decision is requested and therefore no amendments are considered necessary. Submission 103/13 seeks that an additional policy be included in Section 3.5 Policies of Chapter 3 as follows: By using financial contributions to ensure that development meets the costs of any additional infrastructure and services that are required to support such development. As outlined in the Section 32 Report, existing roads and transport networks which a development site can be connected to may need to have the road or associated carriageway criteria upgraded to ensure that it will have sufficient capacity to accommodate the additional traffic expected to be generated by the land use activities on the site. The Council will take a financial contribution towards upgrading existing local roads and transport networks. Collector and arterial roads will be covered by development contributions. This approach is reflected in Chapter 22 Financial Contributions, Policy , which states: Where additional capacity of roads and transport networks are needed to be upgraded to accommodate new subdivisions or developments, developers will be required to meet the proportion of these costs generated by the development. Having regard to the above, it is not considered necessary to amend the Proposed Plan as requested, as the additional policy wording would unnecessarily repeat the intent of Policy k. Policy By providing for clear direction and certainty for a range of urban and business land use activities throughout the Kaipara District. Submission 319/14 conditionally supports Policy subject to flexibility of appropriately locating new business activities and ensuring a sufficient supply of subdivision and landuse opportunities. The submitter also supports the use of comprehensive plans where appropriate provide an appropriate level of flexibility is retained and structure planning requirements are not onerous. It is considered that the provisions of the Proposed Plan generally meet the intent of the submission and accordingly it is recommended that the submission be accepted. Beca // 20 April 2010 // Page // NZ

39 Chapter 3 Land Use and Development Strategy Hearing Report Submission 207/63 requests that Policy be deleted. The submitter states that it is not understood why Objectives and Policies have been included within the Plan which seek to direct and encourage growth to specific areas of the District; the effects-based approach is meant to be facilitative in that the effects are managed, the activity can be supported, no matter where in the District the activity is to be located. There were two further submissions in opposition to submission 207/63 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/63 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/63 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, a cost benefit analysis was undertaken in relation to the provision objectives and policies within the Proposed Plan. The option to include a Land Use and Development Strategy Chapter incorporating the proposed objectives and policies to provide direction for future residential and economic development was considered to have the following benefits: Consolidation of settlements (rather than sporadic sprawl and ad hoc development) that avoids, remedies or mitigates adverse environmental effects; Emissions, discharges and effects of residential and business developments are managed so that adverse effects on the environment are minimised; Development of a contained urban area in Mangawhai; Minimises potential conflicts between natural and physical limitations, including hazards and future residential and business areas; Private initiation of Plan changes/comprehensive subdivisions within identified development areas, to realise economic and development opportunities; Managed expansion of residential settlements; and Will encourage investment and attention to maintain amenity in certain areas. With out the proposed objectives and policies, the following costs may occur: Increased fragmentation and development of urban activities on versatile and productive soils (a finite resource) or to sensitive environments (harbour and coast); direction provided by Council to help guide the public in preparing plan changes to provide for future growth; Ad hoc residential and business development has the potential to adversely impact on the Districts natural and physical resources; and Ineffective and inefficient provision of infrastructure servicing for economic development. Having regard to the above matters, it is recommended that submissions 207/63 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Beca // 20 April 2010 // Page // NZ

40 Chapter 3 Land Use and Development Strategy Hearing Report l. Policy By establishing standards for minimum site sizes, for each Zone in the District. Submission 207/64 requests that Policy be deleted on the basis that the Plan is an effectsbased plan and the prescriptive nature of the rules proposed does not promote or give effect to the overall objectives of the Plan. The submitter states that in the rural zone, it is considered that the new minimum allotment size will lead to the fragmentation of larger rural units and the creation of unmanageable allotments. There were two further submissions in opposition to submission 207/64 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/64 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/64 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. The subdivision of land should create sites which are of an appropriate size to achieve the scale, density and type of development which is provided for by the Objectives, Policies and Methods for each zone. The District Plan establishes minimum site size standards, which ensure that the Objectives, Policies and Methods for the respective zones can be achieved, while still providing certainty for landowners and sufficient flexibility for them to create sites to suit their particular needs. To allow subdivision without minimum standards would likely increase uncertainty and costs for landowners seeking to undertake subdivision, with greater likelihood of adverse effects on the environment. Having regard to the above discussion, it is recommended that submissions 207/64 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. m. Policy By providing for a diverse range of residential and business opportunities. Submission 207/65 supports Policy and seeks that the policy be retained. There were two further submissions in opposition to submission 207/65 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/65 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/65 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. It is recommended that submissions 207/65 and FS 494/1 be accepted and submissions FS 509/6 and FS 510/6 be rejected. amendments to the Proposed Plan are considered necessary. Beca // 20 April 2010 // Page // NZ

41 Chapter 3 Land Use and Development Strategy Hearing Report Submission 319/6 supports Policy because it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. decision is requested and therefore no amendments are considered necessary. Submission 135/20 requests that the words in appropriate locations be added to the end of Policy The submitter states that although a diverse range of residential and business opportunities should be provided, these need to be provided for in appropriate places if ad hoc development that adversely affects natural character and ecological and landscape values is to be avoided. It is agreed that residential and business activities need to be located appropriately to avoid adverse effects on the environment. Accordingly, it is recommended that the submission be accepted and that Policy be amended as follows (the recommended amendments are summarised within Appendix 2 to this report): By providing for a diverse range of residential and business opportunities in appropriate locations. n. Policy By establishing a Land Use and Development Strategy, including nominated future Growth Areas, which ensures that there is adequate opportunity for residential and business land to meet future demand. Submission 207/66 requests that Policy be deleted. The submitter does not support the identification of growth areas in the Plan on the basis that any development of this land will in effect preclude the objectives of encouraging growth in the District; it is considered that the Objectives, Policies and Rules, coupled with the zoning maps of a District Plan should be sufficient to guide future growth of a District. There were two further submissions in opposition to submission 207/66 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/66 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/66 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. The District Plan must provide for the sustainable management of both urban and rural resources and Council considers that such development should be comprehensively planned and managed to address potential resource management issues. To achieve a sustainable balance between current and future generations, Council has sought to provide direction on future development and to establish, through monitoring of demand, a programme for future structure planning of identified Growth Areas. The provision of identified growth areas is an appropriate method to address the range of issues outlined in Section 3.3 and, subsequently, the purpose of the Act. The intent is not to only provide Beca // 20 April 2010 // Page // NZ

42 Chapter 3 Land Use and Development Strategy Hearing Report appropriate growth strategies for those areas currently subject to growth pressure but to provide direction for sustainable growth of the existing and future growth areas. Having regard to the above discussion, it is recommended that submissions 207/66 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. Submission 135/21 requests that the words while protecting natural character and ecological, amenity and landscape values be added to the end of Policy The submitter states that the Land Use and Development Strategy also needs to ensure that the opportunities for residential and business land are provided in a way that ensures that the Plan s outcomes, especially those relating to maintaining and improving natural values and character, are achieved; and that the Land Use and Development Strategy has to achieve the purpose of the Act. It is agreed that land use and development needs to have regard to maintaining and enhancing the natural environment of the Kaipara District. Accordingly, it is recommended that the submission be accepted and that Policy be amended as follows. The recommended amendments are summarised within Appendix 2 to this report. By establishing a Land Use and Development Strategy, including nominated future Growth Areas, which ensures that there is adequate opportunity for residential and business land to meet future demand while protecting natural character and ecological, amenity and landscape values. o. Policy By ensuring infrastructure and servicing (e.g. transport, stormwater and sewage reticulation and treatment systems) for new development areas are designed and provided for at the outset of development, so that any adverse effects on the environment or existing systems are adequately avoided, remedied or mitigated. Submission 207/67 requests Policy be amended as follows (e.g. transport, stormwater and sewage sewerage reticulation and treatment systems) There were two further submissions in opposition to submission 207/67 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/67 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/67 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. Having regard to the above discussion, it is recommended that submissions 207/67 and FS 494/1 be accepted and submissions FS 509/6 and FS 510/6 be rejected, such that Policy be amended as follows: Beca // 20 April 2010 // Page // NZ

43 Chapter 3 Land Use and Development Strategy Hearing Report (e.g. transport, stormwater and sewage sewerage reticulation and treatment systems) Submission 207/68 requests that Policy be reviewed. The submitter states that Policy commits the Council to provide infrastructure for potential future development. The onus seems to be on Council rather than the developer to pay for this development; in order to adequately evaluate and provide for infrastructure, investigations are required into future growth and spatial land use planning; and it is considered that this would go hand in hand with the Structure Planning promoted by the Plan, at a significant cost to ratepayers. There were two further submissions in opposition to submission 207/68 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/68 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/68 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. While it is likely that in most instances the requirement will be on the developer to provide for infrastructure related to future development, it is not the intent of the policy to state who is responsible for the establishment of such infrastructure, as this may vary and is a matter that will be dealt with as a part of the Council s financial and development contributions policy. Rather, it is the intention of the policy to ensure that when considering whether new development areas should be allowed and re-zoning undertaken, Council will give specific consideration to whether discharges from the proposed land uses can be effectively managed. Having regard to the above discussion it is considered unnecessary to review the policy and it is recommended that submissions 207/68 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. p. Policy By requiring new residential and business (urban) development to comprehensively consider (on a catchment wide basis) potential: a. Adverse effects on the natural character of the coastal environment, lakes, rivers, wetlands or their margins; b. Adverse effects on areas of significant indigenous vegetation or significant habitats of indigenous fauna; c. Adverse effects on outstanding natural features, landscapes and heritage resources; d. Adverse effects on the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga; e. Conflicts with areas where natural hazards could adversely affect the physical resources of urban development or pose risks to people s health and safety; Beca // 20 April 2010 // Page // NZ

44 Chapter 3 Land Use and Development Strategy Hearing Report f. Conflicts with finite resources which can reasonably be expected to be valuable for future generations (including highly productive and versatile soils). (For example, where residential and business development could adversely affect the availability of finite resources); and to identify mechanisms to avoid, remedy or mitigate such impacts. Submission 135/22 seeks to replace the words avoid, remedy or mitigate such impacts in policy with the words minimise such impacts. The submitters states the New Zealand Coastal Policy Statement and the Regional Policy Statement for rthland set out the intention to minimise adverse effects within the coastal environment and to maintain ecological values (e.g. policy New Zealand Coastal policy Statement). The submitter states that the policy does not give effect to this. The Act requires more than minor adverse effects on the environment to avoided, remedied or mitigated. It is considered that were this occurs, the potential effects will effectively have been minimised. It is considered appropriate that the policy wording remain consistent with the Act. Accordingly, it is recommended that the submission be rejected. Submissions 425/10 and 432/10 state that Policy 3.5.6(d) recognises a strategy in place to take into account principles of Treaty of Waitangi. The submitters requests the policy be retained in its current form. It is recommended that the submissions be accepted. Submissions 207/69, 417/44, 426/6, 428/5 and 429/5 support Policy There were two further submissions in opposition to submission 207/69 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/69 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/69 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. It is recommended that submissions 207/69, 417/44, 426/6, 428/5, 429/5 and FS 494/1 be accepted and submissions FS 509/6 and FS 510/6 be rejected. amendments to the Proposed Plan are considered necessary. Submission 169/10 seeks that Council Add a new criteria to to read: g. adverse effects on existing infrastructure and network utilities. Three further submissions were received in support of submission 169/10. FS 498/218 supports submission 169/10 for the reasons given by the submitter. Beca // 20 April 2010 // Page // NZ

45 Chapter 3 Land Use and Development Strategy Hearing Report FS 491/17 supports submission 169/10 because reverse sensitivity effects may occur where new subdivision, use and development can adversely affect the safe and efficient functioning of existing network utility infrastructure and electricity generation facilities. The submitter states it is appropriate to recognise the effects in Chapter 3 of the Plan. FS 487/8 supports submission 169/10 as the potential for reverse sensitivity is a significant issue and objectives and policies which acknowledge this are supported. It is considered that the intention of the submission is achieved through Policy 2.5.9, contained in Chapter 2 District Wide: By recognising the need for the development and management of network utilities and the transport network in all areas of the District. With the assistance of the above policy direction, the District Plan seeks to provide the flexibility to enable existing infrastructure to be maintained and new infrastructure developed, in all areas of the District. The need for infrastructure to provide for the social and economic wellbeing of the community will be balanced with the requirement to ensure that its development is compatible with the environment it is located within and affordability for the community. Having regard to the above, no amendment is considered necessary and it is recommended that the submissions be rejected. Submission 105/5 seeks that Council amend Policy 3.5.6(f) as follows: "Conflicts with finite resources which can reasonably be expected to be valuable for future generation (including aggregate resources and highly productive and versatile soils) Or alternatively add the following additional policy to 3.5: "To ensure that activities which are potentially sensitive to the adverse external effects of established or consented activities are appropriately sited, managed or restricted to avoid or mitigate these effects". Two further submissions were received in support of submission 105/5. FS 466/22 supports in part submission 105/5 as the alternative policy sought clearly addresses reverse sensitivity effects. FS 511/16 supports submission 105/5 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. It is considered appropriate that finite aggregate resources that can reasonably be expected to be valuable for future generation are protected from conflicts that may result in reverse sensitivity issues. Accordingly, the it is recommended that the submissions be accepted such that the Policy 3.5.6(f) be amended as follows: "Conflicts with finite resources which can reasonably be expected to be valuable for future generation (including highly productive and versatile soils and aggregate resources) 2.6 Submissions about Methods The submissions dealt with in this section are outlined in Table 1.4 of Appendix 1 and relate to Section 3.6 Methods of the Proposed Plan. Beca // 20 April 2010 // Page // NZ

46 Chapter 3 Land Use and Development Strategy Hearing Report Analysis and Recommendations a. Section 3.6 Methods Submission 7/2 states that some chapters within the Proposed Plan do not include any rules. This may result in some people who do not read any of the information regarding the overlays and special features because the relevant chapters do not contain any specific rules. This could subsequently result in resource consent applications which do not address all of the issues resulting from an activity and adverse effects on the environment. It is considered that the Proposed Plan is set out in such a manner and includes notes to assist in user friendliness. In particular, reference to overlays and other important matters to be considered is made throughout the Proposed Plan. In addition, it is considered that good communication between potential applicants and KDC will assist to ensure any pertinent objectives, policies and other relevant provisions are not overlooked. Having regard to the above discussion, it is recommended that the submissions be rejected. Submission 98/5 seeks that environmental benefit subdivision be directed at identified areas of priority; develop of a list of criteria of the types of environmental benefit the District Plan is seeking to achieve. The submitter states that the current approach requires developments to comprehensively consider, on a catchment-wide basis, potential adverse effects; this imposes additional costs on developments. The submitter considers environment benefit subdivision may be detrimental as it encourages random environmental protection and allows ad-hoc development of small lots. Two further submissions were received in relation to submission 98/5, both were in support. FS 465/92 supports submission 98/5 for the same reasons given by the submitter and in particular that Environmental benefit subdivision may be detrimental as it encourages random environmental protection and allows ad-hoc development of small lots. FS 511/13 supports submission 98/5 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The Section 32 Report gave consideration to possible methods for the sustainable management of development in rural areas. It considered that restricted discretionary environmental benefit subdivision was appropriate for the following reasons: Use of incentives and environmental benefit subdivision provides for greater environmental protection from development targeted to areas of land use change. Opportunity for environmental benefit subdivision creates an opportunity for increased development potential retains the costs associated with more restrictive subdivision rules. This is a benefit to those undertaking development. May encourage further growth and social development in the Rural Heartland, meeting Long Tern Council Community Plan outcomes for community at large. Will assist with achieving the Plan outcomes of growth in low density residential development in the rural areas while maintaining open space. twithstanding, the following costs were also identified: May not encourage the environmental benefit lot subdivision to be taken up as it is more onerous in terms of active protection and potential in terms of land requirements. Beca // 20 April 2010 // Page // NZ

47 Chapter 3 Land Use and Development Strategy Hearing Report Potential disparity between process costs for environmental benefit as you would need to demonstrate the matters for discretion are met. May discourage use of environmental benefit subdivision over rural amenity cost to the environment. Having considered the benefits and costs, it was determined that, on balance, restricted discretionary environmental benefit subdivision is the most effective and efficient approach over and above other options considered to achieve the purpose of the Act. To balance protection of environmental resources, it is proposed to provide for fewer rural amenity subdivision lots than environmental benefits. It is considered unnecessary to direct environmental benefit subdivision to particular areas, as this may equally be counter productive in achieving the outcomes in the Proposed Plan. Having regard to the above discussion, it is recommended that the submissions be rejected. b. Method Zoning Residential Zone The Residential Zoning enables the development of residential areas by identifying activities and appropriate performance standards to enable typical medium density residential living to be permitted. This Zone is identified in locations where it is considered the effects of residential activities are compatible with sustainable development, the existing character and amenity of the area, and where servicing and community facilities/resources are allocated or provided. Business Zone(s) This Zoning enables the development of business areas (industrial and commercial) by identifying activities and appropriate performance standards to enable typical industrial and commercial activities to be permitted. These Zones are identified in locations where it is considered the effects of business activities are compatible with sustainable development, the existing character and amenity of the area, and where servicing and community facilities/resources are allocated or provided. Rural Zone This Zone applies over the majority of the District and provides for a wide range of activities to be carried out as they are generally considered appropriate. The Zone provides environmental and amenity standards which will enable the continuation of the wide range of existing and future activities, while ensuring that the natural and physical resources of the rural area are managed sustainably. Maori Purposes: Maori Land Zone This Zone applies to Maori customary land, Maori freehold land and Crown land reserved for Maori (as defined under Te Ture Whenua Maori Act 1993). The Maori Land Zoning provides for a wide range of activities to be carried out as they are generally considered appropriate, including marae and papakainga expansion, upgrade and development. Maori Purposes: Treaty Settlement Land Zone This Zone applies to land included as part of Treaty Settlement legislation and defined in schedules to the Deeds of Settlement. This includes both cultural and commercial redress properties. The Treaty Settlement Zoning enables flexibility for Te Uri o Hau and Te Roroa to use, subdivide and develop redress properties whilst protecting their important cultural values and characteristics. Beca // 20 April 2010 // Page // NZ

48 Chapter 3 Land Use and Development Strategy Hearing Report Submission 135/23 seeks that Method include reference to overlays. The submitter states that overlays are a second important method in the Plan that will ensure the policies are implemented, especially as most of the growth areas identified in the Plan are within overlays. Direct reference is made to the use of Overlays as a method within Chapter 2 District Wide Resource Management Issues, Section Methods of the Proposed Plan. It is not considered necessary to repeat the method in Chapter 3 and therefore it is recommended that the submission be rejected. Submissions 432/11 and 425/11 supports Method and seeks that it be retained as proposed. It is recommended that the submissions be accepted, but no amendments are considered necessary. Submission 81/11 seeks that Method be amended. The submitter states that Method is confusing and that it is inappropriate that industrial and commercial business should be combined within one zone. KDC has identified a number of common issues, objectives, policies and rules in relation to commercial and industrial activities. Given that the two activities have many commonalities and both are business related, the Council has chosen to avoid repetition and provide for all business activities within one zone. It is recommended that the submission be rejected. Submission 35/2 seeks changes to the Proposed Plan to make rural subdivision and development less restrictive. The submitter states that it should be easy for people to own land in rural areas and own appropriate sized areas for their business purposes. The Proposed Plan allows for a wide range of activities within rural areas subject to ensuring that potential effects on the wider environment are avoided, remedied or mitigated. While there is a wide scope of activities permitted by the Plan, some activities and subdivision are considered appropriate subject to site specific consideration of the effects of the proposal (in other words, by the means of a resource consent). Accordingly, it is recommended that the submission be rejected. Submission 207/70 seeks that Method be amended to remove statements about what activities are appropriate in which zone. The submitter states that despite adopting an effects-based plan, the Council has retained zoning within its plan; on the basis of the substantial amount of work that has been undertaken to release the Plan, the retention of the zoning is supported; however it is not appropriate for the Plan to make statements about what activities are appropriate in which zone the effects-based nature of the Plan should not presuppose the zoning in which activities should be undertaken, but rather should seek to manage the effects of such activities. There were two further submissions in opposition to submission 207/70 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/70 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to Beca // 20 April 2010 // Page // NZ

49 Chapter 3 Land Use and Development Strategy Hearing Report identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/70 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. While the Proposed Plan is effects based, it remains appropriate to provide for zoning of land use activities to provide certainty to the community as to the types of activities they can expect in a given area, and to address those potential issues identified within the Plan (e.g. such as may relate to ad hoc development or the degradation of sensitive environments). Accordingly, it is recommended that submissions 207/70 and FS 494/1 be rejected and submissions FS 509/6 and FS 510/6 be accepted. c. Method Structure Planning Method reads: Structure Planning Where appropriate, the Council intends, for the land use development areas identified in Chapter 3A, to develop Structure Plan s and implementation plans to guide development. These will identify the preferred location of key assets such as transport, reserves and core infrastructure and will provide guidance for the catchment of the wider growth area, as well as the node for growth. The Structure Plan may also indicate Council s preference on the establishment and provision of other amenity elements such as design guides or other methods to recognise and protect key environmental values. Following the Structure Plans, parts of these Growth Areas may from time to time be proposed for rezoning. The District Plan provides direction on future Growth Areas, and Council will continue to monitor for growth demand (to initiate structure planning and rezoning as appropriate). It is recognised that Council does not have sufficient information on the extent of market demand for additional development areas, or on which localities are capable of sustaining such development. In this respect, it is considered appropriate that initiatives to implement Plan Changes (e.g. Zone changes) in the development areas may come from the market. The Council will therefore consider any applications it receives for requests for Private Plan Changes or Integrated Development Subdivision, where developers and landowners may be able to realise individual development opportunities in advance of Council s plans. In the case of a Plan Change, Council will also give consideration to adoption of these as Council Plan Changes. Any Private Plan Change initiated in advance of a Structure Plan being prepared for a Growth Area, will be tested against whether it will achieve the Outcomes of the Growth Area Plan in Chapter 3A. Submission 450/7 seeks that the Proposed Plan be amended so that the only Structure Plan provided is for Mangawhai. The submitter states that there is no need for Structure Plans in other areas. Two submissions (FS 509/9 and FS 510/9) oppose submission 450/7 as the provisions of Chapters 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. The submitter states that it is Beca // 20 April 2010 // Page // NZ

50 Chapter 3 Land Use and Development Strategy Hearing Report appropriate for Council to identify areas for future growth as they are required to review their District Plan under and in accordance with the RMA. Submission 207/72 seeks that Method be deleted. The submitter does not support reference to Structure Planning within the District Plan. There were two further submissions in opposition to submission 207/72 and one further submission in support of it. FS 509/6 and FS 510/6 oppose submission 207/72 as the relief sought would not achieve the principles and purpose of the RMA. The submitters state the Council is required to review its District Plan under and in accordance with the RMA; the provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth and financial contributions are an appropriate method for funding the costs of development within Kaipara. FS 494/1 supports submission 207/72 because they have the best interests of the ratepayers at heart. The submitter states that the submissions are well written and researched. As outlined in the Section 32 Report, to achieve a sustainable balance between current and future generations, Council has sought to provide direction on future development and to establish, through monitoring of demand, a programme for future structure planning of identified Growth Areas. While Council has identified general areas as appropriate for future residential and business development, it is recognised that there are a number of potential natural and physical limitations to this development. These impose a potential constraint on the amount of land available for potential urban expansion and the form, design and pattern for development. Council considers that Structure Planning is an appropriate mechanism to comprehensively plan and manage the future development of these areas. It is further noted that this method is already provided for and funding allocated in the Long Term Council Community Plan: Kaipara s Future (which has itself been subject to a consultation and submission process). Having regard to the above discussion, it is recommended that submissions 450/7, 207/66 and FS 494/1 be rejected and submissions FS 509/9, FS 510/9, FS 509/6 and FS 510/6 be accepted. Submission 115/3 relates to a planned subdivision in Maungaturoto. The submitter states that there is potential for a walkway down the valley from the shopping end of town and linking it to another valley and that this vision needs to be acknowledged and planned for now. This valley would be a viable possibility and could be replanted with native trees. Subsequently, the submitter states sites with reserve potential should be notified at the time of subdivision. Method states that provision of reserves, amongst other matters, will be considered as part of the structure planning process for growth areas, which will identify those areas most suitable for such use. In addition, physical reserve contributions may be required at the time of subdivision application, at which time Council will decide, having regard to the provisions of the Proposed Plan and the Act, whether or not it is necessary to notify the application being considered. It is recommended that the submission be rejected. Submission 319/17 conditionally supports Method subject to ensuring structure planning requirements are not onerous, provided there is a sufficient supply of subdivision and land use opportunities for business development and the development of new infrastructure does not unduly delay development. It is considered that structure planning requirements will respond appropriately Beca // 20 April 2010 // Page // NZ

51 Chapter 3 Land Use and Development Strategy Hearing Report to the issues facing the growth area being planned and that the provisions and methods outlined within the Proposed Plan generally meet the intent of the submission. twithstanding, no decision is requested by the submitter and therefore no amendments are considered necessary. Submission 98/4 seeks that the matters of discretion to be considered be reduced through out the Plan, to provide more certainty for developers and less discretion for decision makers. The submitter states that investors and developers prefer to have clear signals and reduced uncertainty; the development of a land use strategy can provide these signals and reduce uncertainty to investors which will encourage growth and investment. One submission opposes and three submissions support submission 98/4. FS 465/91 opposes submission 98/4 as the changes intended by the submission are not identified and the level of discretion provided in the Proposed Plan is necessary in order to achieve the purpose of the RMA and to ensure national and regional policy statements are given effect to. FS 498/155 supports the proposed reduction in matters over which Council has discretion to provide greater certainty for routine infrastructure provision. The submitter says matters of restricted discretion are not clearly stated within Chapter 10 which has had adverse effects on the network. FS 491/2 support the reduction in the number of matters over which Council maintains discretion as the matters listed can be very wide. FS 511/13 supports submission 98/4 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The Proposed Plan, particularly through Part A District Wide Strategy, provides clear guidance as to the intention of the Plan, including anticipated outcomes. The potential issues facing the District are identified along with objectives and policies that set out to address those issues. Further to this, the rules and performance standards contained within Part B Land Use provide Plan users with a clear outline of what activities are permitted, controlled, discretionary or otherwise. Where discretionary activities are provided for (such as when performance criteria are not met) the relevant assessment matters for the relevant activity are clearly outlined. Having regard to these matters, it is considered that investors have been provided with a clear guide as to what activities will be appropriate within the District. Regarding a land use strategy, the Plan provides for the ongoing establishment of structure plans within growth areas, which will be implemented as the need is identified. These will also assist to provide clear signals and reduced uncertainty to investors and developers, allowing for their input into the process where appropriate. Having regard to the above discussion, it is recommended that submissions 98/4, FS 498/155, FS 491/2 and FS 511/13 be rejected and submission FS 465/91 be accepted. Submission 103/10 seeks that the first paragraph of clause be amended by the addition after the words, '...protect key environmental values.' as follows: In considering the effects of land use change through structure planning and plan changes within Growth Areas the Council will ensure the on-going safety and efficiency of existing transport networks and the promotion of development that supports an increase in public transport use, cycling and walking. Beca // 20 April 2010 // Page // NZ

52 Chapter 3 Land Use and Development Strategy Hearing Report It is considered that the proposed amendments will assist to promote sustainable urban growth of the Kaipara District. Accordingly, it is recommended that the submission be accepted and the first paragraph of clause be amended as follows: The Structure Plan may also indicate Council s preference on the establishment and provision of other amenity elements such as design guides or other methods to recognise and protect key environmental values. In considering the effects of land use change through structure planning and plan changes within Growth Areas the Council will ensure the on-going safety and efficiency of existing transport networks and the promotion of development that supports an increase in public transport use, cycling and walking. Following the Structure Plans, parts of these Growth Areas may from time to time be proposed for rezoning. 2.7 Submissions about Outcomes The submissions dealt with in this section are outlined in Table 1.5 of Appendix 1 and relate to Section 3.7 Outcomes of the Proposed Plan Analysis and Recommendations a. Section 3.7 Outcomes Submission 222/8 supports Section 3.7 and specifically 3.7.1, 3.7.2, The submitter seeks these outcomes be retained. The outcomes read: Managed expansion of residential settlements is provided for Consolidation of settlements (rather than sporadic sprawl and ad hoc development) that avoids, remedies or mitigates adverse environmental effects Well functioning residential and business markets that are able to cater for and respond to demand without generating adverse environmental effects, particularly effects from poor infrastructure supporting these land uses. It is recommended that the submissions be accepted. Submissions 417/5, 426/5, 428/6 and 429/6 support Methods and decision is requested and therefore no amendments are considered necessary. Submission 413/13 supports Method Three further submissions were received in support of submission 413/13. FS495/1 supports submission 413/13 as landscape values must be defined to prevent any further structure being built on the tops of hills to ruining the visual catchments. FS 492/1 supports submission 413/13 as the New Zealand Historic Places Trust have the reputation and skills to advise council on how best to practically implement the diverse commitments that Council has made in Chapter 17. Beca // 20 April 2010 // Page // NZ

53 Chapter 3 Land Use and Development Strategy Hearing Report FS 482/1 supports submission 413/13 because the Proposed District Plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules and does not have adequate rules and methods to protect sites from inappropriate subdivision, use and development. The submitter thinks the New Zealand Historic Places Trust should be treated as an affected party on matters relating to development in the vicinity of archaeological sites and should make use of ArchSite, an online site recording scheme, when assessing development proposals. The submitter states that apart from a few coastal areas Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. It is recommended that the submissions 413/13, FS495/1, FS 492/1 and FS 482/1 be accepted. amendments to the Proposed Plan are considered necessary. Submission 103/11 seeks that Section 3.7 Outcomes be amended by the addition of statements worded as follows: 'Ensuring the efficient use of the transport system by recognising and providing for the primary function of roads as described in the roading hierarchy'; and 'The integration of land-use and transportation planning' It is considered that the proposed amendments are appropriate in promoting sustainable urban growth of the Kaipara District. However, Chapter 11 contains the following outcomes, which is considered to achieve the intent of the first amendment requested by the submitter: The efficient and orderly provision and maintenance of a safe road network to serve the District s communities, both urban and rural, and its business activities. Accordingly, it is recommended that the submission be accepted in part and the following additional Outcome be added to section 3.7 Outcomes: 'The integration of land-use and transportation planning' Submission 169/11 seeks that a new Outcome as follows: Reduce the scope of reverse sensitivity effects as a result of new development and provide for the ongoing operational viability of nationally important network utility infrastructure. Two further submissions were received in support of submission 169/11. FS 491/18 supports submission 169/11 as reverse sensitivity effects may occur where new subdivision, use and development can adversely affect the safe and efficient functioning of existing network utility infrastructure and electricity generation facilities. It is appropriate to recognise these effects in Outcome of the Plan. FS 498/219 supports this submission 169/11 for the reasons provided by the submitter. Add regionally significant infrastructure. Beca // 20 April 2010 // Page // NZ

54 Chapter 3 Land Use and Development Strategy Hearing Report It is considered that the methods currently identified within the Proposed Plan appropriately provide for the provision of existing activities and consideration of activities that may result in effects on the same (such as may include reverse sensitivity effects). In particular, these include: The use of Zoning to provide direction on the appropriate activities and effects of activities that will occur in geographic areas of the District; and Provision of assessment criteria and direction on matters to be considered in resource consents. Having regard to the above, no amendments are considered necessary and it is recommended that submissions 169/11, FS 491/18, and FS 498/219 be rejected. 2.8 Submissions about Mapping, Zoning and Overlays The submissions dealt with in this section are outlined in Table 1.6 of Appendix 1 and relate to matters of mapping, zoning and overlays Analysis and Recommendations a. General Submission 81/10 seeks that the Council appropriately zone Mangawhai Heads Road to allow light industrial work and prevent residential development which would be sensitive to issues arising from industrial uses. The submitter states that Objective is generally suitable however it must be ensured that business and also industrial activities do have a suitable area which is recognised within the Plan. Mangawhai Heads Road would be suitable for the industrial zone as a number of industrial businesses already exist and residential development is minimal. The Proposed Plan provides for Industrial zoning on Molesworth Road in the vicinity of existing industrial activities. It is considered that adequate industrial land has been provided for within the Proposed Plan and that additional industrial spread along Mangawhai Heads Road would not add positively to the northern entrance corridor to the urban area. Should further demand for business and industrial arise in the future, this will require further investigation and consultation with local residents to determine the most appropriate location. It is appropriate that the potential costs and benefits be assessed at the time demand and a private or Council initiated plan change undertaken may be initiated. It is recommended that the submission be rejected. Submissions 17/1, 18/1 and 19/1 seek that the properties bordering Barrier View Drive, Mangawhai be re-zoned from rural to residential to permit subdivision down to section sizes of 700 sq metres. The submitters state that there is currently varied subdivision rules in Mangawhai, the whole area should have consistent residential zoning which permits the Barrier View Drive properties to be subdivided to 800 sq metres or less as well as nearby areas. This would create more even housing development and be of little cost to the Council as the Barrier View Drive lots are responsible for their own water supply and sewerage. FS 465/43 opposes submission 19/1 because the proposed rezoning is inconsistent with the Mangawhai Structure Plan and would not result in a concentration of development where natural character is already compromised. The submitter states the proposed rezoning is inconsistent with policy of the New Zealand Coastal Policy Statement. It is considered inappropriate to provide for higher density zoning within the vicinity of Barrier View Drive. The Proposed Plan, Managawhai Structure Plan and Managwhai Design Guidelines seek to Beca // 20 April 2010 // Page // NZ

55 Chapter 3 Land Use and Development Strategy Hearing Report build towards a sustainable urban settlement pattern that reduces reliance on the motor vehicle and consolidates development around existing amenities and infrastructure. twithstanding, the possibility remains for smaller lot sizes to be considered at Barrier View Drive through the resource consent application process, at which time the potential adverse effects can be considered. Having regard to the discussion, it is recommended that submissions 17/1, 18/1 and19/1 be rejected and submission 465/43 is accepted. Submission 103/6 seeks that the Growth Areas are removed from the body of the District Plan maps and included in a non-statutory annexure to the Proposed Plan. The Council reduce the aerial extent of the Growth Area maps to more accurately reflect projected demand for future residential and business land in the District. It is acknowledged that the areas identified as Growth Areas in Appendix A are greater in geographic intent than the anticipated growth in the District. However, as set out in Chapter 3A, the intent of the Growth Areas is to identify the area of investigation for future urban development planning. It is anticipated that the final growth area identified in the Structure Planning process will be within these areas and will include a transition from the growth hubs of the Structure Plan area. This approach is consistent with that taken in the Mangawhai Structure Plan. It is further anticipated that the Structure Plan will cover a similar area of wider assessment (e.g. for catchment management to deliver on the overall outcomes of the process, for example with respect to water quality of receiving environments, visual and landscape considerations and integration of open space, recreation and transport linkages). As such it is considered that the scale of the areas identified in the District Plan are appropriate as an indication of the future area of investigation rather than the future area of growth. On the basis of these considerations, it is recommended that the submission be rejected. 2.9 Conclusion and Recommendation This report has considered the decisions requested in submissions lodged regarding to Chapter 3 Land Use and Development Strategy of the Proposed Kaipara District Plan 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. It is concluded that the recommendations set out in the above Sections should be implemented for the reasons also set out in this report Chapter Modifications and Consequential Amendments A number of sections of the Plan are likely to have consequential amendments as a result of submissions received on this Chapter of the Plan. A final report on Consequential Amendments will be prepared once decisions have been made on each Hearing Report, which will identify any consequential amendments that are required as a result of decisions. This will be reported to Council for approval prior to the final Decisions Version of the Plan being notified. Beca // 20 April 2010 // Page // NZ

56 Appendix 1 Chapter 3 Land Use and Development Strategy Issues Report

57 Chapter 3 - Chapter 3 - Land Use and Development Strategy Issues Report 1.1 Chapter 3 as a Whole or in General Name Inclination Summary Decision Requested Linton, D Oppose The Plan is bureaucratic and anti growth. Amend Plan to promote growth Simpkin, Jonathon Oppose The plan is restrictive. To ensure Kaipara District is prosperous Council needs to adopt a plan that promotes growth. Relax rules for subdivision, ensure lots of commercial/industrial land is available and increase the number of ratable properties in order to promote growth. FS 511 [308] 29 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 308 points 1 to 15 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 308 be 92 1 Riverside Holiday Park In Part The District Plan provisions lack support for existing capital investment and development, and has an unbalanced bias towards environmental issues which do not promote development. Provide improved provisions in the District Plan to provide a better balance between providing for growth and protection of the environment McShane, Owen Oppose The Centre for Resource Management Studies opposes Chapter 3 as the principles on which the chapter is based are inappropriate for Kaipara District. t stated. FS 478 [117] 1 Larsen, Jonathan Support The additional costs to the ratepayers of having to further review and modify the proposed plan are unacceptable. These costs can be avoided by postponing the District Plan Whole of submission 117 be allowed (2-42). Beca // 23 February 2010 // Page 1

58 Name Inclination Summary Decision Requested process until the regional policy statement process has been completed. Compliance with statutory requirements is imperative so that the integrity of the proposed plan is not undermined. If proper notification process is not adhered to the plan is open to further appeal at a later stage when even more ratepayer funds have been consumed. To allow this to happen would be negligent. FS 504 [117] 1 Harris, Peter and Raewyn Support We agree with the whole submission, that the Proposed District Plan ought not to have been put forward to the public, except as a draft document, for further consultation. There are so many changes that have wide ranging effects on individuals and communities. We need time to understand and give careful submissions. The whole of submission 117 be FS 511 [117] 21 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 117 points 2-42, specifically rural subdivision and structure plans and growth areas, as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 117 be 81 8 Materials Processing Ltd : Lunjevich, Anna In Part Chapter The introduction should identify the Plan focussing on more appropriate zoning for suitable pre-established industry. The introduction section 3.1 focus on more appropriate zoning for suitable pre-established industry Materials Processing Ltd : Lunjevich, Anna In Part In Chapter 3 a greater focus should be given to improvement of service provisions to businesses and industries. In Chapter 3 focus more on the improvement of service provisions to businesses and industries Ratepayers and Residents of Oppose Self sufficient household water supply should be taken into account when building consents Recognise and enable the continuation of self sufficient household water supply in Section Beca // 23 February 2010 // Page 2

59 Name Inclination Summary Decision Requested Mangawhai : Tschirky, Martina are granted Ross, Angus & Sharon N/A The Proposed Plan is going to have a huge cost to ratepayers. The existing plan only needed to be adjusted and the use of consultants and engineers kept to a minimum. Minor changes to Operative Plan only. FS 509 [187] 5 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 187 point 8 as the relief sought would not achieve the purpose and principles of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 8 of submission 187 be dis FS 510 [187] 5 Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 187 point 8 as the relief sought would not achieve the purpose and principles of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 8 of submission 187 be dis FS 465 [187] 42 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 8 of submission 187 is opposed. The Kaipara District Council needed to replace the operative Plan as it is outdated, no longer achieves the purpose of the Act and does not give effect to national or regional policy statements. Submission point 8 of submission 187 be dis Mahuta Community Water Supply : Sills, VW Oppose Because of the lack of direction in the Proposed Plan, Mahuta Community Water Supply will be disadvantaged in presenting any future developments they may wish to pursue. The Plan will be a financial burden that could inhibit developments. Due to the location of our water supplies and the lack of guidelines in the Proposed Plan, a development would require a raft of paperwork in determining what would be acceptable from the District Council, t stated. Beca // 23 February 2010 // Page 3

60 Name Inclination Summary Decision Requested for the Mahuta Water Community Supply The National Trading Company of New Zealand Limited : Wilson, Kathy In Part Chapter 3 and Chapter 3A and Appendix A are conditionally supported subject to enabling a sustainable supply of business land and allowing flexibility to appropriately locate new business activities. Amend Chapter 3 and Chapter 3A and Appendix A to enable a sustainable supply of business land and allow flexibility to appropriately locate new business activities Riverside Holiday Park In Part The Plan should include statements that recognise the different and unique requirements of holiday parks and similar activities and should be supportive of these activities in the coastal environment. This should include specific zoning provisions for these activities. Where holiday parks and similar activities are located within the District, the zoning should be replaced with a specific zone providing for the existing and similar activities Kai-Cut Limited : Toan, Viki Support Support the recognition that private plan changes are an appropriate alternative to Council-initiated plan change or structure plan processes. change Horrocks, Craig In Part The plan does not address or correct previous inter-zone benefits and burdens which have resulted in providing down-zoning benefits to one group of landowners at the expense of the adjoining landowners and/or the community at large. Landowners that have had their amenity values reduced by intensification of land use in the new adjoining zone, provision of new controls, contributions or public access rights should be identified in the plan. A particular example is the Molesworth Peninsular where intensification of land use has been accompanied by impost of new 'layers' and other imposts on the adjoining coastal strip landowners which appear to provide a benefit to the adjoining landowners and community at That where the economic effect of the plan is to reduce the value of existing properties due to extended contributions and/or increased uncertainty and/increased complexity the Council provide a statement either in the plan or in transitional provisions as to how that burden is to be borne fairly by ratepayers. Beca // 23 February 2010 // Page 4

61 Name Inclination Summary Decision Requested large without any compensating relief or benefit to the affected landowners. At present it is not possible to determine this from the current plan leaving landowners to guess and the effect of the plan and the plan is accordingly uncertain. FS 511 [424] 32 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 424 points 1 to 5 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 424 be , Transition Town Kaiwaka In Part The Chapter on Land Use and Development Strategy has some very good material on limiting the ad hoc use of rural land for residential and commercial development, but it is disappointing to find no real strategy outlined for future specifically rural land use. The plan does not seem to envisage any specifically rural land use other than those under existing rights. That does not seem to be much of a strategy for growth outcomes. It is rather a strategy to limit the negative impact of ad hoc residential development on council financial and infrastructure resources. Those are worthwhile goals. The chapter could be improved with some encouragement for activities which are emerging in the Council LTCCP. Improve the Chapter with some encouragement for activities which are emergin in the Council LTCCP eg, encouragement of cooperative community activities that foster care for the land (community gardens) Dalziell, Scott In Part The Chapter on Land Use and Development Strategy has some very good material on limiting the ad hoc use of rural land for Chapter 3 be expanded to include a strategy statement about future land use especially related to protecting against the impact of Beca // 23 February 2010 // Page 5

62 Name Inclination Summary Decision Requested residential and commercial development, but it is disappointing to find no real strategy outlined for future specifically rural land use. The plan does not seem to envisage any specifically rural land use other than those under existing rights. That does not seem to be much of a strategy for growth outcomes. It is rather a strategy to limit the negative impact of ad hoc residential development on council financial and infrastructure resources. Those are worthwhile goals. The chapter could be improved with some encouragement for activities which are emerging in the Council LTCCP. eg, Encouragement of cooperative community activities That foster care for the land (community gardens). Climate Change on the land use in the District Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian In Part Introduction / Resource Description Paragraph 2 is very week. It reads: If land use and economic growth is not considered, the following outcomes may occur. Do not agree with the use of the term considered Amend terminology used in Section 3.1 paragraph 2. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 6

63 Name Inclination Summary Decision Requested areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian In Part Section Introduction/ Resource Description paragraph 2 Reads: Increased fragmentation and development of urban activities on versatile and productive soils (a finite resource).. - agree that land fragmentation is an important issue, particularly where versatile and productive soils will be compromised. Provide overlay areas which restrict subdivision and landuse on versatile and productive soils (refer soil classification maps). FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 7

64 Name Inclination Summary Decision Requested purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Horticulture NZ : Keenan, Chris : Oppose Opposes submission 207 point 45 as the versatile and productive soils are part of rural production activities and do not need to be specifically identified. Submission point 45 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a N/A Introduction / Resource Description paragraph 2 reads: Or to sensitive environments (harbour and coast) do not agree that the harbour and coast is a sensitive environment which in turn cannot be developed. There are other Amend 3.1 paragraph 2 to acknowledge more sensitive environments. Beca // 23 February 2010 // Page 8

65 Name Inclination Summary Decision Requested Trust : Walker, Ian sensitive environments within the district which may be more sensitive to development than the coastal margins. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Department of In Part The introduction to the Land Use and Add the following outcome to the three Beca // 23 February 2010 // Page 9

66 Name Inclination Summary Decision Requested Conservation (rthland Conservancy) : Riddell, Andrew Development Strategy chapter identifies some adverse outcomes that result if growth is not managed. The introduction section does not identify important adverse environmental outcomes that can result from poorly managed growth, especially in the vicinity of existing settlements. Identifying and acknowledging these potential adverse environmental outcomes provides a starting point for the development of a comprehensive and robust policy response. outcomes identified in the second paragraph of section 3.1: The amenity, heritage, landscape, ecological and natural values of the district can be reduced The Aggregate and Quarry Association of New Zealand : Hurrell, Bianca In Part The plan fails to acknowledge that aggregate and mineral resources are of a fixed location and finite in availability. The Land Use and Development Strategy chapter should recognise that this resource needs to be protected; particularly form incompatible adjacent land uses, which can cause reverse sensitivity effects, and its use and development provided for. Amend Section 3.1, second paragraph to include an additional bullet point as follows: "The inability to enable extraction of aggregate resources which are necessary to provide important resources to the district, where these resources are utilised to provide for the communities economic and social well-being". FS 511 [105] 16 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 105 points 1 to 28 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 105 be Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part The introduction to the Land use and Development Strategy chapter includes the intention to monitor the development of residential and commercial land and initiate structure plans for the identified growth areas. This approach is sound resource management Amend the ninth paragraph of section 3.1 to state that the Council will also monitor development of rural land within and in the vicinity of the identified growth areas. Beca // 23 February 2010 // Page 10

67 Name Inclination Summary Decision Requested practice. However, given the desire to avoid ad hoc development, any monitoring needs to include the development of the rural zoned land included within and adjacent to the growth areas McShane, Owen In Part Chapter 3 - Land Use and Development Strategy, section Introduction / Resource Description refers to 'increased fragmentation and development of urban activities. The submitter opposes this description. Withdraw all references to "fragmentation of land", and to "productive soils" and to "versatile soils". FS 466 [117] 20 Horticulture NZ : Keenan, Chris : Support Supports submission 117 point 39 as the versatile and productive soils are part of rural production activities and do not need to be specifically identified. Submission point 39 of submission 117 be FS 478 [117] 1 Larsen, Jonathan Support The additional costs to the ratepayers of having to further review and modify the proposed plan are unacceptable. These costs can be avoided by postponing the District Plan process until the regional policy statement process has been completed. Compliance with statutory requirements is imperative so that the integrity of the proposed plan is not undermined. If proper notification process is not adhered to the plan is open to further appeal at a later stage when even more ratepayer funds have been consumed. To allow this to happen would be negligent. Whole of submission 117 be allowed (2-42). FS 504 [117] 1 Harris, Peter and Raewyn Support We agree with the whole submission, that the Proposed District Plan ought not to have been put forward to the public, except as a draft document, for further consultation. There are so many changes that have wide ranging effects on individuals and communities. We The whole of submission 117 be Beca // 23 February 2010 // Page 11

68 Name Inclination Summary Decision Requested need time to understand and give careful submissions. FS 511 [117] 21 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 117 points 2-42, specifically rural subdivision and structure plans and growth areas, as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 117 be Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian In Part Introduction/ Resource Description paragraph 9 makes reference to ad hoc development but what does this mean and where are examples within the district? The plan seeks to manage an effect which is not evident in the district, despite the development boom the district has recently experienced. Review and amend section 3.1 paragraph 9 to remove reference to define 'ad hoc' development. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve Submission points of submission 207 be dis Beca // 23 February 2010 // Page 12

69 Name Inclination Summary Decision Requested the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Glinks Gully Protection Society Inc : MacKinlay, Keith Support Support the comment in 3.1 that "direction is required to avoid ad hoc expansion of settlements" and the Council's keenness "to ensure that ad hoc land use development is avoided". t stated Puharich, Nicola, Eileen, Nicholas Support Support the comment in 3.1 that "direction is required to avoid ad hoc expansion of settlements" and the Council's keenness "to ensure that ad hoc land use development is avoided". t stated MacPherson, Kris Support Support the comment in 3.1 that "direction is required to avoid ad hoc expansion of settlements" and the Council's keenness "to ensure that ad hoc land use development is avoided". t stated Anderson, Christine Support Support the comment in 3.1 that "direction is required to avoid ad hoc expansion of settlements" and the Council's keenness "to ensure that ad hoc land use development is t stated. Beca // 23 February 2010 // Page 13

70 Name Inclination Summary Decision Requested avoided" Glinks Gully Protection Society Inc : MacKinlay, Keith Support Support the identification in 3.1 of Growth Areas (see also Growth Areas and Appendix A to Part E - District Plan Maps). t stated FS 477 [417] 1 Chases Gorge Camp Club : Ramsey, Graeme : Oppose Opposes submission 417 points 2, 6, 8, 26 and 40. Opposes the extent and scope of the growth area as proposed. Submission point 2 of submission 417 be dis Submission point 6 of submission 417 be dis Submission point 8 of submission 417 be dis Submission point 26 of submission 417 be dis Submission point 40 of submission 417 be dis FS 509 [417] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 417 points 2, 6, 7, 8, 16, 26 and 40. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 417 be Submission point 6 of submission 417 be Submission point 7 of submission 417 be Submission point 8 of submission 417 be Submission point 16 of submission 417 be Submission point 26 of submission 417 be Submission point 40 of submission 417 be FS 510 [417] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 417 points 2, 6, 7, 8, 16, 26 and 40. The provisions achieve the purpose and principles of the RMA. They provide a Submission point 2 of submission 417 be Submission point 6 of submission 417 be Beca // 23 February 2010 // Page 14

71 Name Inclination Summary Decision Requested mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 7 of submission 417 be Submission point 8 of submission 417 be Submission point 16 of submission 417 be Submission point 26 of submission 417 be Submission point 40 of submission 417 be Puharich, Nicola, Eileen, Nicholas Support Support the identification in 3.1 of Growth Areas (see also Growth Areas and Appendix A to Part E - District Plan Maps). t stated. FS 509 [426] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 426 points 2, 7, 8, 9, 19, 31 and 45. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 426 be Submission point 7 of submission 426 be Submission point 8 of submission 426 be Submission point 9 of submission 426 be Submission point 19 of submission 426 be Submission point 31 of submission 426 be Submission point 45 of submission 426 be FS 510 [426] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 426 points 2, 7, 8, 9, 19, 31 and 45. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for Submission point 2 of submission 426 be Submission point 7 of submission 426 be Submission point 8 of submission 426 be Submission point 9 of submission 426 be Beca // 23 February 2010 // Page 15

72 Name Inclination Summary Decision Requested future growth. Submission point 19 of submission 426 be Submission point 31 of submission 426 be Submission point 45 of submission 426 be MacPherson, Kris Support Support the identification in 3.1 of Growth Areas (see also Growth Areas and Appendix A to Part E - District Plan Maps). t stated. FS 509 [428] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 428 points 2, 7, 8, 9, 19, 29 and 42. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 428 be Submission point 7 of submission 428 be Submission point 8 of submission 428 be Submission point 9 of submission 428 be Submission point 19 of submission 428 be Submission point 29 of submission 428 be Submission point 42 of submission 428 be FS 510 [428] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 428 points 2, 7, 8, 9, 19, 29 and 42. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 428 be Submission point 7 of submission 428 be Submission point 8 of submission 428 be Submission point 9 of submission 428 be Submission point 19 of submission 428 be Beca // 23 February 2010 // Page 16

73 Name Inclination Summary Decision Requested Submission point 29 of submission 428 be Submission point 42 of submission 428 be Anderson, Christine Support Support the identification in 3.1 of Growth Areas (see also Growth Areas and Appendix A to Part E - District Plan Maps). t stated. FS 509 [429] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 429 points 7, 8, 9, 29 and 2. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 429 be Submission point 7 of submission 429 be Submission point 8 of submission 429 be Submission point 9 of submission 429 be Submission point 29 of submission 429 be FS 510 [429] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 429 points 7, 8, 9, 29 and 2. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 429 be Submission point 7 of submission 429 be Submission point 8 of submission 429 be Submission point 9 of submission 429 be Submission point 29 of submission 429 be 99 7 Larsen, Jonathan Oppose Introduction/Resource Description Paragraph 7, 'It is anticipated...' - The assertion that making people reside in specific isolated small town areas and then commute to work will contribute to protecting rural economic opportunities, contributing to the social and Delete the specified text (Intro/Resource Description Paragraph 7, 'It is anticipated...') Beca // 23 February 2010 // Page 17

74 FS 472 [99] FS 511 [99] Name Inclination Summary Decision Requested economic well-being of the rural heartland is unsubstantiated and incorrect. 1 Hogan, Jonathen Support Comprehensive and well thought analysis of the Draft Plan. All points covered (1-43) are relevant to my situation as a ratepayer. The whole of submission 99 be 14 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 99 points 1, 5, 7, 9, 11, 18, 23, 24, 27, 30, 31, 35, 38, 39 and 42. There is no clear explanation in the s32 as to why the rural subdivision provisions have been adopted. The immediate application of the Engineering standards is technically incorrect as these replace standards in the Operative District Plan which have full weighting until decisions are made on the Proposed Plan. The growth and overlay areas are not supported as it is considered they have not been appropriately investigated and the financial obligations to ratepayers has not been identified. Do not support the introduction of any rule which compromises the activity of farming, where resource consents are required for 'every day' activities. Submission point 1 of submission 99 be Submission point 5 of submission 99 be Submission point 7 of submission 99 be Submission point 9 of submission 99 be Submission point 11 of submission 99 be Submission point 18 of submission 99 be Submission point 23 of submission 99 be Submission point 24 of submission 99 be Submission point 27 of submission 99 be Submission point 30 of submission 99 be Submission point 31 of submission 99 be Submission point 35 of submission 99 be Submission point 38 of submission 99 be Submission point 39 of submission 99 be Submission point 42 of submission 99 be Beca // 23 February 2010 // Page 18

75 Name Inclination Summary Decision Requested Larsen, Jonathan Oppose The subdivision of land should create sites which are of an appropriate size to achieve the scale, density and type of development which is provided for by the Objectives, Policies and Methods for each zone. The District Plan establishes minimum site size standards, which ensure that the Objectives, Policies and Methods for the respective zones can be achieved, while still providing certainty for landowners and sufficient flexibility for them to create sites to suit their particular needs. The Kampar District Council's Engineering Standards 2009 will be used to guide the minimum standards for provision of infrastructure and servicing within the District. They will also provide a means of compliance with the subdivision and land development rules of the District Plan. Council will also refer to the standards contained in the Kaipara District Council Engineering Standards 2009 as a matter for assessment, when considering applications for resource consent for subdivision and land development. The standards may also be applied as a condition of consent. The Engineering Standards 2009 are rigid and do not provide any flexibility to take into account other facets of a development such as ecology, earthworks requirements, terrain, geology, visibility. The standards should be used as guidelines not as inflexible minimum standards. Reference to minimum standards should be removed from the policy. FS 508 [99] 2 NZ Transport Agency : Buckley, Oppose Opposes submission 99 points 9 and 27 as it is considered that the Engineering Standards Submission point 9 of submission 99 be dis Beca // 23 February 2010 // Page 19

76 FS 472 [99] FS 511 [99] Name Inclination Summary Decision Requested Patrick : are necessary to manage the effects of development on the roading network including State highways. Oppose the removal of road vesting for accessways and consider that the retention of the provision assists in ensuring that the effects of traffic generated by standards can be properly managed by the provision of appropriate roading facilities. Submission point 27 of submission 99 be dis 1 Hogan, Jonathen Support Comprehensive and well thought analysis of the Draft Plan. All points covered (1-43) are relevant to my situation as a ratepayer. The whole of submission 99 be 14 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 99 points 1, 5, 7, 9, 11, 18, 23, 24, 27, 30, 31, 35, 38, 39 and 42. There is no clear explanation in the s32 as to why the rural subdivision provisions have been adopted. The immediate application of the Engineering standards is technically incorrect as these replace standards in the Operative District Plan which have full weighting until decisions are made on the Proposed Plan. The growth and overlay areas are not supported as it is considered they have not been appropriately investigated and the financial obligations to ratepayers has not been identified. Do not support the introduction of any rule which compromises the activity of farming, where resource consents are required for 'every day' activities. Submission point 1 of submission 99 be Submission point 5 of submission 99 be Submission point 7 of submission 99 be Submission point 9 of submission 99 be Submission point 11 of submission 99 be Submission point 18 of submission 99 be Submission point 23 of submission 99 be Submission point 24 of submission 99 be Submission point 27 of submission 99 be Submission point 30 of submission 99 be Submission point 31 of submission 99 be Beca // 23 February 2010 // Page 20

77 Name Inclination Summary Decision Requested Submission point 35 of submission 99 be Submission point 38 of submission 99 be Submission point 39 of submission 99 be Submission point 42 of submission 99 be NZ Transport Agency : Buckley, Patrick In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the The following sentence to be added to the end of the 9th paragraph of Clause 3.1 after the words, '...the areas to be realised' 'The Council will require a Structure Plan to be completed either before or at the same time any Plan Change proposed for land within a Growth Area' Beca // 23 February 2010 // Page 21

78 Name Inclination Summary Decision Requested Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. FS 465 [103] 3 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Support It is appropriate and necessary that structure planning precede the development of identified growth areas if ad-hoc development is to be avoided. The growth areas give effect to policy of the New Zealand Coastal Policy Statement. Submission point 7 of submission 103 be Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Oppose 3.1 Introduction/ Resource Description paragraph 7. Identification of growth areas only increases land prices in these areas and forces development costs up. The comparative costs of living in these areas as to others in the District become untenable and discourage resident populations in these areas. The identification of Growth Areas within the plan is contrary to the underpinnings of the plan which seeks to encourage growth and development in the district. Growth areas do not need to be included in the plan for future structure planning exercises to be undertaken. The inclusion of growth areas in the plan cannot limit urban development as suggested in this paragraph based on the enabling nature of both the Act and the effects-based plan. Delete all identified growth areas from the Plan. FS Harbour View Investments Limited : Toan, Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Submission points of submission 207 be dis Submission point of submission 207 Beca // 23 February 2010 // Page 22

79 FS 510 FS 465 FS 494 Name Inclination Summary Decision Requested Vicki : Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. be dis 6 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis 58 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission points 48, 50 and 73 of submission 207 are opposed. The identification and management of growth areas in the proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in a national policy statement not be given full effect to. Submission point 48 of submission 207 be dis Submission point 50 of submission 207 be dis Submission point 73 of submission 207 be dis 1 Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and The whole of submission 207 be allowed Beca // 23 February 2010 // Page 23

80 Name Inclination Summary Decision Requested researched Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Introduction/Resource Description paragraph 10. Some Growth areas referenced are not currently under growth pressure i.e. Tangiteroria. To limit urban (or in fact lifestyle) development in these areas is contrary to the overall intent of the Council (through its District Wide Objectives, Policies and Outcomes). Delete all identified growth areas from the Plan. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 24

81 Name Inclination Summary Decision Requested costs of development within Kaipara. FS Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission points 48, 50 and 73 of submission 207 are opposed. The identification and management of growth areas in the proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in a national policy statement not be given full effect to. Submission point 48 of submission 207 be dis Submission point 50 of submission 207 be dis Submission point 73 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Oppose Issue references the creation of Structure Plans in identified areas. Do not agree with this approach as some areas are not suffering from growth pressure. Delete all identified growth areas from the Plan. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 25

82 Name Inclination Summary Decision Requested FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Introduction / Resource Description paragraph 2 reads: Council has established a Strategy that provides direction to enable both current and future residential and business within the Kaipara District - This refers to the establishment and adoption of Structure Plans throughout the district. Do not agree with the development with a number of Structure Plans (non-statutory documents) which have limited weighting until such a time as they are formally adopted into a plan. Remove all reference to Structure Plans from the Plan. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 26

83 Name Inclination Summary Decision Requested provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 47 of submission 207 is opposed. Structure planning is a necessary tool in the proposed Plan to achieve the purpose of the Act and give effect to policy statements. Submission point 47 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Bull, John N/A The Mangawhai Structure Plan (MSP) is effectively nullified since most of the rural residential zone has been removed. When combined with the Harbour Overlay this t stated. Beca // 23 February 2010 // Page 27

84 Name Inclination Summary Decision Requested nullifies the intent of the MSP. 1.2 Issues Name Inclination Summary Decision Requested NZ Transport Agency : Buckley, Patrick In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either The statement of Issues at Clause 3.3 of the Proposed Plan be retained. Beca // 23 February 2010 // Page 28

85 Name Inclination Summary Decision Requested before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation Simpkin, Daniel Craig In Part Council should take more responsibility for the timing and realisation of the future demand for new residential and business land. Amend Land Use and Development Strategy, Issue 3.3, so that the emphasis is on Council taking a leadership role in creating land use opportunities (for new residential and business land), but not at the expense of excessive or unneccessary damage to our environment. This could be resolved via workshops and dialogue with stakeholders The National Trading Company of New Zealand Limited : Wilson, Kathy Support Issue is supported because it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. change to Issue Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Issue is important to recognise reverse sensitivity as a relevant resource management consideration however, it is considered that the Kaipara District does not display the growth pressure characteristics that generate effects which either prohibit rural activities or render them untenable. It is considered that there are mechanisms that can be imposed at resource consent stage to manage this effect without the need for onerous and costly non-statutory processes. Delete Issue FS Kai-Cut Limited : Toan, Viki Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 29

86 Name Inclination Summary Decision Requested purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Horticulture NZ : Keenan, Chris Oppose Oppose submission 207 point 52. It is important to retain recognition of reverse sensitivity. Submission point 52 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, N/A Issue raises a concern in relation to ad hoc development (noting business development is referenced here). The new effects based regime encourages development and growth so long as effects can be managed. As such, there are no specific areas within the district that such business activities should be Delete Issue Beca // 23 February 2010 // Page 30

87 FS 509 FS 510 FS 494 Name Inclination Summary Decision Requested Ian located. To develop Structure Plans and Growth Areas flies in the face of the effectsbased regime. It is questioned whether adhoc development can actually be achieved under an effects based regime. 6 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis 6 Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis 1 Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and The whole of submission 207 be allowed Beca // 23 February 2010 // Page 31

88 Name Inclination Summary Decision Requested researched Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part , These issues concern the potential effects arising with ad hoc residential and business development. Equally there is a significant resource management issue with the ad hoc development of rural residential and lifestyle lots, especially within the coastal environment and in areas of high landscape or ecological value. Amend issues and so they apply to ad hoc rural residential and lifestyle development as well Glinks Gully Protection Society Inc : MacKinlay, Keith In Part Support Issues and (the recognition of the potential adverse impacts of ad hoc settlements and the need to properly plan any new / expanded residential areas). t stated Puharich, Nicola, Eileen, Nicholas In Part Support Issues and (the recognition of the potential adverse impacts of ad hoc settlements and the need to properly plan any new / expanded residential areas). t stated MacPherson, Kris In Part Support Issues and (the recognition of the potential adverse impacts of ad hoc settlements and the need to properly plan any new / expanded residential areas). t stated Anderson, Christine In Part Support Issues and (the recognition of the potential adverse impacts of ad hoc settlements and the need to properly plan any new / expanded residential areas). t stated The New Zealand Refining Company Limited : Brooks, Lisa Support Agrees that the potential for reverse sensitivity is a significant issue and supports the objectives and policies that relate to the issue. Retain Issue and those objectives and policies relating to reverse sensitivity (Objectives 3.4.2, and associated policies). FS rthpower Limited : Watson, Support Submission points 2, 8 and 10 of submission 169 are supported, for the reasons provided by Submission points 2, 8 and 10 of submission Beca // 23 February 2010 // Page 32

89 Name Inclination Summary Decision Requested [169] Russell : the submitter. 169 be FS 487 [169] 6 Vector Gas Limited : Robertson, Gill : Support Potential for reverse sensitivity is a significant issue and objectives and policies which acknowledge this are supported. Retain Issue and those objectives and policies relating to reverse sensitivity (Objectives 3.4.2, and associated policies) Submission point 2 of Submission 169 be allowed The National Trading Company of New Zealand Limited : Wilson, Kathy In Part NTC conditionally support Issue subject to flexibility of appropriately locating new business activities and ensuring a sufficient supply of subdivision and landuse opportunities. NTC also supports the use of comprehensive plans where appropriate provide an appropriate level of flexibility is retained and structure planning requirements are not onerous. t stated Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Issue raises the issue of ad hoc development, noting that it can reduce the ability to provide infrastructure. Again, despite the effects based nature of the Plan, methods are being proposed to ring fence appropriate areas for specific activities in the district. This issue sends a message that Council is responsible for the appropriate servicing of future developments. However, the onus, through the district plan, should be on developers to provide satisfactory infrastructure when and where is it required. Delete Issue FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 33

90 Name Inclination Summary Decision Requested under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed 99 6 Larsen, Jonathan Oppose Issue This issue is a farce. There is certainly no shortage of land in the district for urban expansion. A shortage of land is only created by the bizarre proposed plan methodology of placing a metropolitan urban limit around tiny rural settlements (growth areas). Given that the resident population of the district is estimated to rise by only 468 people between 2006 and 2021 it would seem Delete Issue Beca // 23 February 2010 // Page 34

91 Name Inclination Summary Decision Requested that the pressure on resources is not as large as the consultant planner would like us to imagine. FS 472 [99] 1 Hogan, Jonathen Support Comprehensive and well thought analysis of the Draft Plan. All points covered (1-43) are relevant to my situation as a ratepayer. The whole of submission 99 be FS 465 [99] 97 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 6 of submission 99 is opposed. The identification and management of growth areas in the proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in a national policy statement not being given full effect to. Submission point 6 of submission 99 be dis Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Despite Growth Areas being identified in the Plan, Issue suggests that some of these areas may be unsuitable for growth. The inclusion of identified growth areas increases speculation, encourages land banking and in effect makes it difficult for the resident population of Kaipara to reside in these areas. To identify areas as Growth Areas, before any investigations (such as hazard or economic assessments) have been undertaken, is inappropriate. Delete Issue FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 35

92 Name Inclination Summary Decision Requested land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed FS Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 55 of submission 207 is opposed. The identification and management of growth areas in the proposed Plan gives effect to policy of the New Zealand Coastal Policy Statement. Deleting the issue would result in a national policy statement not be given full effect to. Submission point 55 of submission 207 be dis The National Trading Company of New Zealand Limited : Wilson, Kathy In Part NTC conditionally support Issue as long as structure planning requirements are not onerous. Generally supports the guidance of business development into Growth Areas provided there is a sufficient supply of subdivision and landuse opportunities and the Amend Issue to ensure structure planning requirements are not onerous and provided there is a sufficient supply of subdivision and landuse opportunities for business development and the development of new infrastructure does not unduly delay Beca // 23 February 2010 // Page 36

93 Name Inclination Summary Decision Requested development of new infrastructure does not unduly delay development. development New Zealand Historic Places Trust : Reynolds, Sherry In Part Structure planning is an appropriate mechanism to manage the uncertainty on the development potential in the identified growth areas, due to natural and physical limitations (Issue 3.3.5). NZHPT requests input into this process. Council should provide a District Wide heritage strategy. FS 495 [413] 1 Stevens, Owen Support Supports submission 413 point 1 though 72 and submission 426 point 23. Landscape values must be defined to prevent any further structures being built on the tops of hills so ruining the visual catchments. The whole of submission 413 be Submission point 23 of submission 426 be FS 492 [413] 1 Mangawhai Historical Society Inc. : Bygrave, Christine : Support Mangawhai Historical Society Inc supports the many points made by NZHPT they have the reputation and skills to advise council on how best to practically implement the diverse commitments that council has made in Section 17. Heritage in its proposed district plan The whole of submission 413 be allowed FS 482 [413] 1 New Zealand Archaeological Association : Carpenter, Jonathan : Support The New Zealand Archaeological Association is an incorporated society spanning students, amateurs, professionals and institutions involved or interested in archaeology, and is devoted to the promotion and fostering of research into the archaeology of New Zealand and the protection of archaeological sites. The proposed district plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules (which themselves do not contain an appropriate level of information, are not adequately protected by associated rules, and are too reliant on the NZHPT register) and does not have adequate rules and The whole of submission 413 be Beca // 23 February 2010 // Page 37

94 Name Inclination Summary Decision Requested methods to protect archaeological sites from inappropriate subdivision, use and development. In particular, the proposed plan should treat the NZ Historic Places Trust as an affected party on matters relating to development in the vicinity of archaeological sites, and should make use of ArchSite ( the online archaeological site recording scheme when assessing development proposals. Apart from a few coastal areas, Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. 1.3 Objectives and Policies Name Inclinatio n Summary Decision Requested 98 3 rthland Regional Council : Hughes, Lawrayne In Part Investors and developers prefer to have clear signals and reduced uncertainty. The development of a land use strategy can provide these signals and reduce uncertainty to investors which will encourage growth and investment. Develop a strategic direction for the district through a more comprehensive set of zones, particularly in relation to the rural zones. Develop appropriate objectives, policies, and methods for these additional zones and map these additional zones. FS 465 [98] 90 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 3 of submission 98 is opposed. detail is given on the proposed new zones or the proposed strategic direction. The relief sought is too uncertain to ensure that sustainable management would be achieved or that national and regional policy statements would be given effect to. Submission point 3 of submission 98 be dis Beca // 23 February 2010 // Page 38

95 Name Inclinatio n Summary Decision Requested FS 511 [98] 13 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 98 points 1 to 66 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 98 be The National Trading Company of New Zealand Limited : Wilson, Kathy In Part Objectives 3.4.2, 3.4.3, 3.4.3, 3.4.4, and We conditionally support the direction of majority of new growth into Growth Areas provided that appropriate locations for business growth are identified and development in those areas is enabled. Also support that new development is comprehensively planned. Amend Objectives 3.4.2, 3.4.3, 3.4.3, 3.4.4, and to ensure appropriate locations for business growth are identified and enabled. Provide appropriate level of flexibility and ensure planning requirements are not unduly onerous Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part The Plan s approach to the management of growth in order to avoid ad hoc development with its attendant adverse effects is implicitly to promote the concentration of development in growth areas. Most of the growth areas are within the coastal environment. Policy of the New Zealand Coastal Policy Statement supports such a concentration of development strategy. The consolidation of settlements intention is clear in outcome but is not referred to in the objectives and policies. Insert a further objective in section 3.4: To manage subdivision and development that ensures consolidated development in appropriate locations where natural character is compromised and that avoids sprawling or sporadic subdivision and ribbon development Simpkin, Daniel Craig In Part Section 3.4 Objectives are too limp. Section 3.4 Objectives need to be firmed up or strengthened, with Council taking more ownership of these. This could be resolved via workshops and dialogue NZ Transport Agency : Buckley, In Part The NZTA supports in principle the strategic approach taken to long-term planning within the The addition of an Objective at Clause 3.4 worded as follows: Beca // 23 February 2010 // Page 39

96 Name Inclinatio n Patrick District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. Summary Decision Requested 'To ensure that future residential and business development within Growth Areas promotes the efficient use and development of the infrastructure resources of the district, including the State highway network.' The National Trading Company of New Zealand Limited : Wilson, Kathy Support Objective is supported because it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. change to Objective Beca // 23 February 2010 // Page 40

97 Name Inclinatio n Summary Decision Requested Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Objective Reads: To establish an effective and sustainable supply of residential and business land in this context, what does effective and sustainable mean? When there are no evidence growth pressures in the Kaipara District (with the exception of perhaps Mangawhai), why does the Council need to undertake this exercise? Delete Objective as it is inappropriate for Council to carry out this function. The rules included in the District Plan should satisfactorily manage development in the District. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 41

98 Name Inclinatio n Summary Decision Requested appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A The Objective seeks to minimise the ad hoc expansion of residential and business activities. This objective essentially promotes residential and business activities being undertaken in those areas currently identified for residential or commercial purposes and necessitates the need for a structure planning process prior to development being undertaken outside of these areas. This again, is contrary to the effects based planning regime of the plan, particularly with respect to commercial development, which will be facilitated both within the residential and rural zones through the new rules proposed. Delete Objective FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and Submission points of submission 207 be dis Submission point of submission 207 Beca // 23 February 2010 // Page 42

99 Name Inclinatio Summary Decision Requested n Vicki : in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. be dis FS Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 57 of submission 207 is opposed. The objective addresses an important resource management issue about managing the actual and potential effects of ad-hoc development on natural and heritage values. The objective is appropriate and helps achieve the sustainable management of natural and physical resources. Submission point 57 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Glinks Gully Protection Society Inc : MacKinlay, Keith Support Support Objectives and (wanting to minimise the impact of ad hoc residential expansion and restrict the growth of residential activities in appropriate locations). t stated Puharich, Nicola, Eileen, Nicholas Support Support Objectives and (wanting to minimise the impact of ad hoc residential expansion and restrict the growth of residential activities in appropriate locations). t stated MacPherson, Kris Support Support Objectives and (wanting to minimise the impact of ad hoc residential expansion and restrict the growth of residential activities in appropriate locations). t stated. Beca // 23 February 2010 // Page 43

100 Name Inclinatio n Summary Decision Requested Anderson, Christine Support Support Objectives and (wanting to minimise the impact of ad hoc residential expansion and restrict the growth of residential activities in appropriate locations). t stated New Zealand Historic Places Trust : Reynolds, Sherry Support Minimisation of ad hoc expansion is welcomed by NZHPT as referred to in Objective t stated. FS 495 [413] 1 Stevens, Owen Support Supports submission 413 point 1 though 72 and submission 426 point 23. Landscape values must be defined to prevent any further structures being built on the tops of hills so ruining the visual catchments. The whole of submission 413 be Submission point 23 of submission 426 be FS 492 [413] 1 Mangawhai Historical Society Inc. : Bygrave, Christine : Support Mangawhai Historical Society Inc supports the many points made by NZHPT they have the reputation and skills to advise council on how best to practically implement the diverse commitments that council has made in Section 17. Heritage in its proposed district plan The whole of submission 413 be allowed FS 482 [413] 1 New Zealand Archaeological Association : Carpenter, Jonathan : Support The New Zealand Archaeological Association is an incorporated society spanning students, amateurs, professionals and institutions involved or interested in archaeology, and is devoted to the promotion and fostering of research into the archaeology of New Zealand and the protection of archaeological sites. The proposed district plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules (which themselves do not contain an appropriate level of information, are not adequately protected by associated rules, and are too reliant on the NZHPT register) and does not have adequate rules and methods to protect The whole of submission 413 be Beca // 23 February 2010 // Page 44

101 Name Inclinatio n Summary Decision Requested archaeological sites from inappropriate subdivision, use and development. In particular, the proposed plan should treat the NZ Historic Places Trust as an affected party on matters relating to development in the vicinity of archaeological sites, and should make use of ArchSite ( the online archaeological site recording scheme when assessing development proposals. Apart from a few coastal areas, Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Objective reads: "To restrict growth of residential and business activities in inappropriate locations with an effects-based planning regime, what is an inappropriate location? This objective, along with a number of others contained within this chapter is not prescriptive enough and allows an element of discretion which is not helpful when assessing applications for resource consent. Delete Objective as it is inappropriate for Council to carry out this function. The rules included in the District Plan should satisfactorily manage development in the District. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 45

102 Name Inclinatio n Summary Decision Requested development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 58 of submission 207 is opposed. The objective assists in the achievement of the sustainable management of natural and physical resources. For example it helps recognise and provide for matters of national importance and helps give effect to the New Zealand Coastal Policy Statement and Regional Policy Statement for rthland. Submission point 58 of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed New Zealand Historic Places Trust : Reynolds, Sherry Support Objective welcomed by NZHPT. t stated. FS 495 [413] 1 Stevens, Owen Support Supports submission 413 point 1 though 72 and submission 426 point 23. Landscape values must be defined to prevent any further structures being built on the tops of hills so ruining the The whole of submission 413 be Submission point 23 of submission 426 be Beca // 23 February 2010 // Page 46

103 FS 492 [413] FS 482 [413] Name Inclinatio n Summary Decision Requested visual catchments. 1 Mangawhai Historical Society Inc. : Bygrave, Christine : Support Mangawhai Historical Society Inc supports the many points made by NZHPT they have the reputation and skills to advise council on how best to practically implement the diverse commitments that council has made in Section 17. Heritage in its proposed district plan The whole of submission 413 be allowed 1 New Zealand Archaeological Association : Carpenter, Jonathan : Support The New Zealand Archaeological Association is an incorporated society spanning students, amateurs, professionals and institutions involved or interested in archaeology, and is devoted to the promotion and fostering of research into the archaeology of New Zealand and the protection of archaeological sites. The proposed district plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules (which themselves do not contain an appropriate level of information, are not adequately protected by associated rules, and are too reliant on the NZHPT register) and does not have adequate rules and methods to protect archaeological sites from inappropriate subdivision, use and development. In particular, the proposed plan should treat the NZ Historic Places Trust as an affected party on matters relating to development in the vicinity of archaeological sites, and should make use of ArchSite ( the online archaeological site recording scheme when assessing development proposals. Apart from a few coastal areas, Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. The whole of submission 413 be Beca // 23 February 2010 // Page 47

104 Name Inclinatio n Summary Decision Requested The New Zealand Refining Company Limited : Brooks, Lisa In Part Agrees that the potential for reverse sensitivity is a significant issue and supports the objectives and policies that relate to the issue. Amend Objective as follows: To restrict growth of residential and business activities in inappropriate locations, where such activities have the potential to give rise to adverse effects on sensitive receiving environments and/or create potential conflicts with infrastructure of national importance as delineated on the District Plan Planning Maps Series 2. FS 498 [169] 218 rthpower Limited : Watson, Russell : Support Submission points 2, 8 and 10 of submission 169 are supported, for the reasons provided by the submitter. Submission points 2, 8 and 10 of submission 169 be Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Objective reads: "To ensure emissions, discharges and effects of residential and business development are managed so that adverse effects on the surrounding environment, including existing settlement areas, are comprehensively addressed While the intent of this Objective is supported, it is considered that generally, the monitoring and control of emissions and discharges is a function of the rthland Regional Council (perhaps with the exception of noise) and as such is not necessary for the Council to manage (it is considered that this Objective does not necessarily marry up with the zone rules either). Existing settlement areas comprise the environment and as such, it is considered that the inclusion of this sentence is unnecessary. Amend Objective to read: To ensure the effects of residential and business development are managed so that adverse effects on the surrounding environment are comprehensively addressed. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council Submission points of submission 207 be dis Submission point of submission 207 Beca // 23 February 2010 // Page 48

105 Name Inclinatio n Summary Decision Requested is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, N/A Objective suggests that Council is responsible for the provision of infrastructure prior to development occurring. While this approach is generally supported, there needs to be recognition that developers should be responsible for funding required upgrading. It is considered that this Objective again ties in with the need for structure planning to be undertaken In Objective make clear reference that obligation lies with developers to provide servicing where necessary. Delete reference to structure plans. Beca // 23 February 2010 // Page 49

106 FS 509 FS 510 Name Inclinatio Summary Decision Requested n Ian throughout much of the district, however it is considered that in a number of the identified growth areas there is not the demand for Council to supply infrastructure at the cost of the ratepayer this should fall on the shoulders of the developer. District wide development contribution for the provision of and upgrading to the necessary infrastructure is supported. 6 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis 6 Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 50

107 Name Inclinatio n Summary Decision Requested FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed NZ Transport Agency : Buckley, Patrick In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated Amend Objective so that it reads as follows: 'To ensure that appropriate infrastructure and servicing (including roading) is provided in conjunction with subdivision, residential and business development'. Amend Policy by the insertion of the following words after the word 'systems': 'and networks' Beca // 23 February 2010 // Page 51

108 Name Inclinatio n Summary Decision Requested planning of land use and transportation Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A It is considered that Objective is worded poorly and is difficult to interpret. It is assumed that this Objective again relates back to the need to undertake structure planning exercises throughout much of the district. Delete Objective as planning within growth areas through structure planning is not supported. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 52

109 Name Inclinatio n Summary Decision Requested development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A It is assumed that Objective relates back to the need to undertake structure planning exercises throughout much of the district. The effects based regime should be sufficient to ensure development outside of identified residential or commercial areas is satisfactorily serviced. Infrastructure capacity can be determined at resource consent stage, without the need for a structure planning exercise. Delete as planning within growth areas through structure planning is not supported. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 53

110 Name Inclinatio n Summary Decision Requested mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed 99 8 Larsen, Jonathan Oppose Objective Rural residents do not necessarily want to be crammed into high density accommodation which maximises 'the use of existing infrastructure'. Residents live in the rural area to avoid such intensity. Residents and ratepayers have not asked for such an objective. FS 472 [99] 1 Hogan, Jonathen Support Comprehensive and well thought analysis of the Draft Plan. All points covered (1-43) are relevant to my situation as a ratepayer. Either provide evidence that Objective is what the residents have asked for or, delete the objective and modify/delete its resultant methods and rules for consistency. The whole of submission 99 be Department of Conservation (rthland Conservancy) : Riddell, Andrew Support , and This section of the plan outlines policies for the growth strategy in the district. The Policies provide for clear direction of residential and business growth in the district. The above policies provide some certainty that growth in the Kaipara is not favoured in an ad hoc manner. change to policies 3.5.1, and NZ Transport Agency : Buckley, Patrick In Part The State highway network is recognised as a physical resource of national importance. NZTA considers that to achieve the long term sustainability of the State highway network it is necessary to ensure that growth and development contributes to the cost of any That an additional policy be included in Section 3.5 Policies of Chapter 3 as follows: 'By using financial contributions to ensure that development meets the costs of any additional infrastructure and services that are required to Beca // 23 February 2010 // Page 54

111 Name Inclinatio n Summary Decision Requested improvements to the network that are necessitated by such development. NZTA further considers that it is appropriate that such contributions are secured through district plan financial contributions provisions; particularly where increases in traffic generated by development necessitates the upgrade of State highways. NZTA considers that such contributions are particularly appropriate in the Kaipara District where the State highways are the pre-eminent component of the transportation infrastructure of the District. The NZTA is concerned that the Proposed plan fails to clearly indicate that financial contributions and/or development contributions will be used to secure upgrades to the State highway network. support such development' The National Trading Company of New Zealand Limited : Wilson, Kathy In Part NTC conditionally support Policy subject to flexibility of appropriately locating new business activities and ensuring a sufficient supply of subdivision and landuse opportunities. NTC also supports the use of comprehensive plans where appropriate provide an appropriate level of flexibility is retained and structure planning requirements are not onerous. t stated Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian N/A Policy It is not understood why Objectives and Policies have been included within the Plan which seek to direct and encourage growth to specific areas of the District. The effects-based approach is meant to be facilitative in that the effects are managed, the activity can be supported, no matter where in the district the activity is to be located. Delete Policy FS Kai-Cut Limited : Oppose Opposes submission 207 points and as the relief sought would not achieve the Submission points of submission 207 be dis Beca // 23 February 2010 // Page 55

112 Name Inclinatio n Summary Decision Requested Toan, Viki : principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, N/A Policy Do not agree with the provision of minimum allotment sizes when the plan promotes an effects-based regime. The minimum allotment sizes promoted under the Plan are not supported nor understood. In the rural zone, it is considered that the new minimum allotment size will lead to the Delete Policy on the basis that the Plan is an effects-based plan and the prescriptive nature of the rules proposed does not promote or give effect to the overall objectives of the Plan. Beca // 23 February 2010 // Page 56

113 Name Inclinatio Summary Decision Requested n Ian fragmentation of larger rural units and the creation of unmanageable allotments. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Support Support Policy Retain Policy Beca // 23 February 2010 // Page 57

114 Name Inclinatio n Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Summary Decision Requested FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and The whole of submission 207 be allowed Beca // 23 February 2010 // Page 58

115 Name Inclinatio n researched. Summary Decision Requested The National Trading Company of New Zealand Limited : Wilson, Kathy Support Policy is supported because it enables opportunities for economic growth and development and ensuring a sustainable supply of business land is available. change to Policy Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part This section of the plan outlines policies for the Growth strategy in the district. Although a diverse range of residential and business opportunities should be provided, these need to be provided for in appropriate places if ad hoc development that adversely affects natural character and ecological and landscape values is to be avoided. Add the words "in appropriate locations" to the end of policy Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Oppose Policy Do not support the identification of growth areas in the plan on the basis that any development of this land will in effect preclude the objectives of encouraging growth in the district. It is considered that the Objectives, Policies and Rules, coupled with the zoning maps of a District Plan should be sufficient to guide future growth of a District. It is considered that the Kaipara District is not experiencing growth pressures such to warrant the inclusion of such a mechanism in its plan. Delete Policy FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 59

116 Name Inclinatio n Summary Decision Requested mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part This policy sets out the intention to develop a Land Use and Development Strategy to ensure there is adequate opportunity for residential and business land meet future demand. The Land Use and Development Strategy also needs to ensure that the opportunities for residential and business land are provided in a way that ensures that the Plan s outcomes, especially those relating to maintaining and improving natural values and character, are achieved. Amend policy by adding the following words to the end of the policy: while protecting natural character and ecological, amenity and landscape values Beca // 23 February 2010 // Page 60

117 Name Inclinatio n Summary Decision Requested The Land Use and Development Strategy has to achieve the purpose of the Act Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian In Part Policy reads:... (e.g. transport, stormwater and sewage reticulation...) Amend to read... (e.g. transport, stormwater and sewerage reticulation...) FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 61

118 Name Inclinatio n Summary Decision Requested appropriate method for funding the costs of development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian In Part It is considered that Policy commits the Council to provide infrastructure for potential future development. The onus seems to be on Council rather than the developer to pay for this development. In order to adequately evaluate and provide for infrastructure, investigations are required into future growth and spatial landuse planning. It is considered that this would go hand in hand with the Structure Planning promoted by the Plan, at a significant cost to ratepayers. Review Policy FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 62

119 Name Inclinatio n Summary Decision Requested in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part This policy sets out specific environmental considerations when identifying new residential and business areas, largely based on the matters of national importance set out in section 6 of the Act. The New Zealand Coastal Policy Statement and the Regional Policy Statement for rthland set out the intention to minimise adverse effects within the coastal environment and to maintain ecological values (e.g. policy New Zealand Coastal policy Statement). The policy does not give effect to this. However the policy needs to be more directive if the Plan s outcomes (which generally seek to maintain and enhance values) are to be achieved, and sustainable management achieved. Replace the words avoid, remedy or mitigate such impacts in policy with the words minimise such impacts , Te Uri o Hau Support Support Policy 3.5.6(d) - recognised strategy in place to take into account principles of Treaty of Waitangi Retain policy as proposed. Beca // 23 February 2010 // Page 63

120 Name Inclinatio n Summary Decision Requested Te Uri o Hau and Te Roroa, - Support Support Policy 3.5.6(d) - recognised strategy in place to take into account principles of Treaty of Waitangi. Retain policy as proposed Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Support Support Policy Retain Policy FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 64

121 Name Inclinatio n Summary Decision Requested appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Glinks Gully Protection Society Inc : MacKinlay, Keith Support Support Policy (outlining what will need to be considered with new residential development). t stated Puharich, Nicola, Eileen, Nicholas Support Supports Policy (outlining what will need to be considered with new residential development). t stated MacPherson, Kris Support Support Policy (outlining what will need to be considered with new residential development). t stated Anderson, Christine Support Support Policy (outlining what will need to be considered with new residential development). t stated The New Zealand Refining Company Limited : Brooks, Lisa In Part Additional criteria needs to be added to include reverse sensitivity issues. Add a new criteria to to read: (g)adverse effects on existing infrastructure and network utilities. FS 498 [169] 218 rthpower Limited : Watson, Russell : Support Submission points 2, 8 and 10 of submission 169 are supported, for the reasons provided by the submitter. Submission points 2, 8 and 10 of submission 169 be FS 491 [169] 17 Meridian Energy Limited : Clarke, Catherine : Support Submission point 10 is supported. Reverse sensitivity effects may occur where new subdivision, use and development can adversely affect the safe and efficient functioning of Submission point 10 of submission 169 be Beca // 23 February 2010 // Page 65

122 Name Inclinatio n Summary Decision Requested existing network utility infrastructure and electricity generation facilities. It is appropriate that to recognise these effects in Chapter 3 of the Plan FS 487 [169] 8 Vector Gas Limited : Robertson, Gill : Support Potential for reverse sensitivity is a significant issue and objectives and policies which acknowledge this are supported. Adopt the amendment sought by the submitter: Add a new criteria to to read: (g) Adverse effects on existing infrastructure and network utilities Submission point 10 of Submission 169 be allowed The Aggregate and Quarry Association of New Zealand : Hurrell, Bianca In Part The plan fails to acknowledge that aggregate and mineral resources are of a fixed location and finite in availability. The Land Use and Development Strategy chapter should recognise that this resource needs to be protected; particularly form incompatible adjacent land uses, which can cause reverse sensitivity effects, and its use and development provided for. Amend policy 3.5.6(f) as follows: "Conflicts with finite resources which can reasonably be expected to be valuable for future generation (including aggregate resources and highly productive and versatile soils)"...(sic) Or alternatively add the following additional policy to 3.5: "To ensure that activities which are potentially sensitive to the adverse external effects of established or consented activities are appropriately sited, managed or restricted to avoid or mitigate these effects". FS 466 [105] 22 Horticulture NZ : Keenan, Chris : Support Supports submission 105 point 5 in part as the alternative policy sought clearly addresses reverse sensitivity effects. Submission point 5 of submission 105 be allowed in part. FS 511 [105] 16 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Support Supports submission 105 points 1 to 28 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 105 be Beca // 23 February 2010 // Page 66

123 Name Inclinatio n Trust : Walker, Ian : Summary Decision Requested 1.4 Methods Name Inclination Summary Decision Requested 7 2 Rodney District Council : Gathercole, Sarah Oppose Some chapters within the proposed district plan do not include any actual rules. This may result in some people who do not read any of the information regarding the overlays and special features because the chapters do not contain any specific rules. This could subsequently result in resource consent applications which do not address all of the issues resulting from an activity and adverse effects on the environment. t stated rthland Regional Council : Hughes, Lawrayne In Part The current approach requires developments to comprehensively consider, on a catchmentwide basis, potential adverse effects. This imposes additional costs on developments. Having no strategic direction is risky and uncertain - further growth areas should include detail and certainty. Environment benefit subdivision may be detrimental as it encourages random environmental protection and allows ad-hoc development of small lots. Environmental benefit subdivision should be directed at identified areas of priority. Development of a list of criteria of the types of environmental benefit the District Plan is seeking to achieve. FS 465 [98] 92 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Support Submission point 5 of submission 98 is supported. The submission is supported for the reasons given by the submitter. In particular that "Environmental benefit subdivision may be detrimental as it (currently) encourages random environmental protection and allows Submission point 5 of submission 98 be Beca // 23 February 2010 // Page 67

124 Name Inclination Summary Decision Requested ad-hoc development of small lots" is supported. FS 511 [98] 13 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 98 points 1 to 66 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 98 be Department of Conservation (rthland Conservancy) : Riddell, Andrew In Part This sub-section identifies zoning as a way that the policies will be implemented. The overlays are a second important method in the Plan that will ensure the policies are implemented, especially as most of the growth areas identified in the Plan are within overlays. Include the overlays in subsection Te Uri o Hau and Te Roroa Support Support Method zoning - acknowledges that Policy 3.5.6(d) will be implemented through Maori Purposes zones. Retain Method as proposed Te Uri O Hau Support Support Method zoning - acknowledges that Policy 3.5.6(d) will be implemented through Maori Purposes zones. Retain Method as proposed Materials Processing Ltd : Lunjevich, Anna Oppose Method is confusing and inappropriate that industrial and commercial business should be combined within one zone. There is no justification for this. Amend Method to differentiate between commercial and industrial businesses Roadley, Rex Oppose Growth of rural areas should not be restricted to the Growth Areas. It should be easy for people to own land in rural areas and own appropriate sized areas for their business purposes i.e. farming or food Less restrictive subdivision rules in the rural zone. Beca // 23 February 2010 // Page 68

125 Name Inclination Summary Decision Requested production on smaller, more intensive scales Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian Oppose Method Despite adopting an effectsbased plan, the Council has retained zoning within its plan. On the basis of the substantial amount of work that has been undertaken to release the Plan, the retention of the zoning is supported. However it is not appropriate for the Plan to make statements about what activities are appropriate in which zone the effects-based nature of the Plan should not presuppose the zoning in which activities should be undertaken, but rather should seek to manage the effects of such activities. From Method to remove statement, about what activities are appropriate in which zone, from Plan. FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate Submission points of submission 207 be dis Submission point of submission 207 be dis Beca // 23 February 2010 // Page 69

126 Name Inclination Summary Decision Requested and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Bull, John In Part There is no need for Structure Plans in other areas apart from Mangawhai. Amend Plan so that the only Structure Plan provided is for Mangawhai. FS 509 [450] 9 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 450 point 7. The provisions of Chapters 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 7 of submission 450 be dis FS 510 [450] 9 Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 450 point 7. The provisions of Chapters 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 7 of submission 450 be dis Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Oppose Methods Do not support reference to Structure Planning within the District Plan. Structure planning within growth areas as proposed is not supported. Delete Section of the Plan. Beca // 23 February 2010 // Page 70

127 Name Inclination Summary Decision Requested Pouto Topu a Trust : Walker, Ian FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Jamieson, In Part Chapter 3 - Growth Areas. Planning of reserve linkages and riparian zone Beca // 23 February 2010 // Page 71

128 Name Inclination Summary Decision Requested Colleen Land in Maungaturoto is being subdivided. It was discusses the potential for a walkway down the valley from the shopping end of town and linking it to another valley. This idea has not been included in the most recent proposal. This area is a growth area under the new district plan. Sites with reserve potential should be notified at the time of subdivision. This valley would be a viable possibility and could be replanted with native trees. This vision needs to be acknowledge and planned for now. management in growth nodes (Maungaturoto) The National Trading Company of New Zealand Limited : Wilson, Kathy In Part NTC conditionally support Method as long as structure planning requirements are not onerous. Generally supports the guidance of business development into Growth Areas provided there is a sufficient supply of subdivision and landuse opportunities and the development of new infrastructure does not unduly delay development. Amend Method to ensure structure planning requirements are not onerous and provided there is a sufficient supply of subdivision and landuse opportunities for business development and the development of new infrastructure does not unduly delay development rthland Regional Council : Hughes, Lawrayne In Part Investors and developers prefer to have clear signals and reduced uncertainty. The development of a land use strategy can provide these signals and reduce uncertainty to investors which will encourage growth and investment. Reduce the matters of discretion to be considered through out the Plan, to provide more certainty for developers and less discretion for decision makers. FS 465 [98] 91 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 4 of submission 98 is opposed. The changes intended by the submission are not identified, and the level of discretion provided in the proposed Plan is necessary in order to achieve the purpose of the Act and to ensure national and regional policy statements are given effect to. Submission point 4 of submission 98 be dis Beca // 23 February 2010 // Page 72

129 Name Inclination Summary Decision Requested FS 498 [98] 155 rthpower Limited : Watson, Russell : Support Submission point 4 of submission 98 is supported. Reduce the matters of discretion throughout the plan to provide greater certainty for routine infrastructure provision. Matters for of restricted discretion are not clearly stated within chapter 10 and this has had adverse effects on the network. Submission point 4 of submission 98 be FS 491 [98] 2 Meridian Energy Limited : Clarke, Catherine : Support Submission point 4 of submission 98 is supported. The range of matters listed for discretion or each activity can be very wide. Meridian supports a reduction in the number of matters over which Council maintains discretion for the reasons identified in submission 98/4. Submission point 4 of submission 98 be FS 511 [98] 13 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Support Supports submission 98 points 1 to 66 as the relief sought is appropriate, necessary and consistent with the provisions of the RMA. The whole of submission 98 be NZ Transport Agency : Buckley, Patrick In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway The first paragraph of clause be amended by the addition after the words, '...protect key environmental values.' as follows: 'In considering the effects of land use change through structure planning and plan changes within Growth Areas the Council will ensure the on-going safety and efficiency of existing transport networks and the promotion of development that supports an increase in public transport use, cycling and walking' Beca // 23 February 2010 // Page 73

130 Name Inclination Summary Decision Requested network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. 1.5 Outcomes Name Inclination Summary Decision Requested Simpkin, Daniel Craig Support Support Section 3.7 Land Use and Development Strategy Outcomes, specifically 3.7.1, 3.7.2, Retain Land Use and Development Strategy Outcomes 3.7.1, 3.7.2, Glinks Gully Protection Society In Part Outcomes and the "managed expansion of residential settlements" and the t stated. Beca // 23 February 2010 // Page 74

131 Name Inclination Summary Decision Requested Inc : MacKinlay, Keith "consolidation of settlements (rather than sporadic sprawl and ad hoc development)" Puharich, Nicola, Eileen, Nicholas Support Outcomes and the "managed expansion of residential settlements" and the "consolidation of settlements (rather than sporadic sprawl and ad hoc development)" t stated MacPherson Support Outcomes and the "managed expansion of residential settlements" and the "consolidation of settlements (rather than sporadic sprawl and ad hoc development)" t stated Anderson, Christine Support Outcomes and the "managed expansion of residential settlements" and the "consolidation of settlements (rather than sporadic sprawl and ad hoc development)" t stated New Zealand Historic Places Trust : Reynolds, Sherry Support Outcome achieving the consolidation of settlement rather than sporadic sprawl and ad hoc development is welcomed. This not seem to be supported by reality as lifestyle blocks and subdivision of land occurs in all areas. t stated. FS 495 [413] 1 Stevens, Owen Support Supports submission 413 point 1 though 72 and submission 426 point 23. Landscape values must be defined to prevent any further structures being built on the tops of hills so ruining the visual catchments. The whole of submission 413 be Submission point 23 of submission 426 be FS 492 [413] 1 Mangawhai Historical Society Inc. : Bygrave, Christine : Support Mangawhai Historical Society Inc supports the many points made by NZHPT they have the reputation and skills to advise council on how best to practically implement the diverse commitments that council has made in Section 17. Heritage in its proposed district plan The whole of submission 413 be allowed Beca // 23 February 2010 // Page 75

132 Name Inclination Summary Decision Requested FS 482 [413] 1 New Zealand Archaeological Association : Carpenter, Jonathan : Support The New Zealand Archaeological Association is an incorporated society spanning students, amateurs, professionals and institutions involved or interested in archaeology, and is devoted to the promotion and fostering of research into the archaeology of New Zealand and the protection of archaeological sites. The proposed district plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules (which themselves do not contain an appropriate level of information, are not adequately protected by associated rules, and are too reliant on the NZHPT register) and does not have adequate rules and methods to protect archaeological sites from inappropriate subdivision, use and development. In particular, the proposed plan should treat the NZ Historic Places Trust as an affected party on matters relating to development in the vicinity of archaeological sites, and should make use of ArchSite ( the online archaeological site recording scheme when assessing development proposals. Apart from a few coastal areas, Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites. The whole of submission 413 be NZ Transport Agency : Buckley, Patrick In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned Clause 3.7 Outcomes be amended by the addition of statements worded as follows: 'Ensuring the efficient use of the transport system by recognising and providing for the primary function of roads as described in the roading hierarchy' 'The integration of land-use and transportation Beca // 23 February 2010 // Page 76

133 Name Inclination Summary Decision Requested that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. planning' The New Zealand Refining Company Limited : Brooks, Lisa In Part Reverse sensitivity may impact on network utility infrastructure. Add a new Outcome as follows: Reduce the scope of reverse sensitivity effects as a result of new development and provide for the ongoing operational viability of nationally important network utility infrastructure. FS 491 [169] 18 Meridian Energy Limited : Clarke, Support Submission point 11 of submission 169 is supported. Reverse sensitivity effects may Submission point 11 of submission 169 be Beca // 23 February 2010 // Page 77

134 Name Inclination Summary Decision Requested Catherine : occur where new subdivision, use and development can adversely affect the safe and efficient functioning of existing network utility infrastructure and electricity generation facilities. It is appropriate that to recognise these effects in Outcome of the Plan. FS 498 [169] 219 rthpower Limited : Watson, Russell : Support Submission point 11 of submission 169 is supported. rthpower supports this submission for the reasons provided by the submitter. Add regionally significant infrastructure. Submission point 11 of submission 169 be 1.6 Mapping Name Inclination Summary Decision Requested Materials Processing Ltd : Lunjevich, Anna Oppose Objective is generally suitable however it must be ensured that business and also industrial activities do have a suitable area which is recognised within the plan. Mangawhai Heads Road would be suitable for the industrial zone as a number of industrial businesses already exist and residential development is minimal. Appropriately zone Mangawhai Heads Road to allow light industrial work and prevent residential development which would be sensitive to issues arising from industrial uses Burns, Terrence In Part There is currently varied subdivision rules in Mangawhai, the whole area should have consistent residential zoning which permits the Barrier View Drive properties to be subdivided to 800 sq metres or less as well as nearby areas. This would create more even housing development and be of little cost to the Council The properties bordering Barrier View Drive, Mangawhai be re-zoned from rural to residential to permit subdivision down to section sizes of 700 sq metres. Beca // 23 February 2010 // Page 78

135 Name Inclination Summary Decision Requested as the Barrier View Drive lots are responsible for their own water supply and sewerage Burns, Rosalyn In Part Issue There is currently varied subdivision rules in Mangawhai, the whole area should have consistent residential zoning which permits the Barrier View Drive properties to be subdivided to 800 sq metres or less as well as nearby areas. This would create more even housing development and be of little cost to the Council as the Barrier View Drive lots are responsible for their own water supply and sewerage. The properties bordering Barrier View Drive, Mangawhai be re-zoned from rural to residential to permit subdivision down to section sizes of 700 sq metres\ Blewden, Briony In Part 3B There is currently varied subdivision rules in Mangawhai, the whole area should have consistent residential zoning which permits the Barrier View Drive properties to be subdivided to 800 sq metres or less as well as nearby areas. This would create more even housing development and be of little cost to the Council as the Barrier View Drive lots are responsible for their own water supply and sewerage. The properties bordering Barrier View Drive, Mangawhai be re-zoned from rural to residential to permit subdivision down to section sizes of 700 sq metres. FS 465 [19] 43 Department of Conservation (rthland Conservancy) : Riddell, Andrew Oppose Submission point 1 of submission 19 is opposed. The proposed rezoning is inconsistent with the Mangawhai Structure Plan and would not result in a concentration of development where natural character is already compromised. The proposed rezoning Submission point 1 of submission 19 be dis Beca // 23 February 2010 // Page 79

136 Name Inclination Summary Decision Requested NZ Transport Agency : Buckley, Patrick is inconsistent with policy of the New Zealand Coastal Policy Statement. In Part The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended The Growth Areas are removed from the body of the District Plan maps and included in a nonstatutory annexure to the Proposed Plan. The Council reduce the aerial extent of the Growth Area maps to more accurately reflect projected demand for future residential and business land in the District. Beca // 23 February 2010 // Page 80

137 Name Inclination Summary Decision Requested to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. 1.7 Overlaps with other Chapters Name Inclination Summary Decision Requested Transpower New Zealand Limited : Le Marquand, David In Part Inclusion of appropriate Issues, Objectives and Policies - While there are some specific objectives and policies relating to reverse sensitivity in the zone chapters, there is no specific reference to a transmission corridor. The introduction of provisions into the District Plan relating to the transmission corridors should be reflected in relevant issues objectives and policies of Chapter 2 and 3 and the zone chapters. Transpower suggests that the Plan be amended to include the following provisions (or wording to similar effect) as follows:- Issue 2.3.X The Council has a responsibility to give effect to the National Policy Statement on Electricity Transmission The NPSET requires Council to recognise the national significance of the electricity transmission network by facilitating the operation, maintenance and upgrade of the existing transmission network, managing the associated adverse environmental effects of the network; and managing the adverse effects of other activities on the network. Objective 2.4.x To recognise and provide for the sustainable, secure and efficient transmission of electricity within and through the District. Policy 2.5.x By identifying transmission corridors that will manage reverse sensitivity effects Beca // 23 February 2010 // Page 81

138 FS 491 [434] FS 498 [434] Name Inclination Summary Decision Requested generated by subdivision and land development and which will avoid, remedy or mitigate adverse effects on the transmission network and protect the safety and amenity values of the community. The National Grid provides essential electricity to the District and beyond. Encroaching activities need to be assessed when in close proximity to the transmission lines. This is because such activities have the potential to adversely affect the National Grid s ongoing operation, maintenance and upgrading and pose risks to individual and community safety and security of supply. In Chapter 3: (i) Retain Objective without further modification. (ii) Retain policy 3.5.6, but add a further point as follows: g. Adverse effects in relation to transmission corridors. Adopt any other such relief, including additions, deletions or consequential amendments necessary as a result of the matters raised in these submissions, as necessary to give effect to this submission; AND Any other such relief as to give effect to this submission. 6 Meridian Energy Limited : Clarke, Catherine : Support Submission point 9 of submission 434 is supported. Meridian agrees with Submission 434/9 that the Council has a responsibility to give effect to the National Policy Statement Electricity Transmission Submission point 9 of submission 434 be 120 rthpower Limited : Watson, In Part Submission point 9 of submission 434 is supported in part. rthpower supports the Submission point 9 of submission 434 be allowed in part. Beca // 23 February 2010 // Page 82

139 FS 487 [434] Name Inclination Summary Decision Requested Russell : intent of this submission. rthpower requests that this submission be extended to all existing and new transmission lines. As a community scale generator, rthpower has critical energy conveyance lines which also need protection, regardless of scale or ownership. Protection of this nature would support not only NPSET but also the proposed NPSREG. 7 Vector Gas Limited : Robertson, Gill : In Part Vector agrees that the Plan needs to provide for reverse sensitivity issues in relation to existing infrastructure but does not support the insertion of specific provisions for electricity transmission as the policies proposed should give effect not only to electricity transmission but also to the gas and petroleum transmission lines traversing the Kaipara District. Amend the District Wide Objectives within the plan to include the following provisions (or wording to similar effect): District Wide Objective: 2.4.X To recognize and provide for the sustainable secure and efficient transmission of gas, petroleum and electricity within and through the District District Wide Policies: 2.5.X By identifying transmission corridors that will manage reverse sensitivity effects generated by subdivision and land development and which will avoid, remedy or mitigate adverse effects in the transmission network and protect the safety and amenity values of the community. The National Grid, the NZRC petroleum product pipeline and the gas transmission system all provide essential services to the District and beyond. Encroaching activities need to be assessed when in proximity to Submission point 9 of Submission 434 be allowed in part Beca // 23 February 2010 // Page 83

140 Name Inclination Summary Decision Requested transmission infrastructure. This is because such activities have the potential to adversely affect the ongoing operation, maintenance and upgrading and poses risks to individual and community safety and security policy. In Chapter 3 : (ii) Retain Policy but add a further point as follows: g) Adverse effects in relation to existing infrastructure and network utilities Kaipara District Council In Part Rural Heartland needs to be defined. This is defined in the LTCCP and is the area not covered by the overlays. The definition needs to be worded to reflect this. The 'Rural Heartland' is one of the five communities identified in Kaipara's Future - Working Together (LTCCP). The LTCCP describes this area as, The engine that drives Kaipara's primary production and the mainstay of our economy". When referred to in the District Plan, this area is largely represented by the land on Map Series 1 which is zoned Rural but is not covered by any Overlay (though is in the Wairoa River catchment environment). Reference to this area should be made in the Overlays Chapter (rthern Wairoa River) and in Chapter 9 (definitions). Update references in Chapter 3 and 4. FS 477 [118] 2 Chases Gorge Camp Club : Ramsey, Graeme : Oppose The economic benefits and environmental effects of subdivision, particularly in the defined growth areas, is not sustainable and supported by relevant objectives, policies and rules. Submission points of submission 118 be dis FS 465 [118] 15 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Support Submission point 15 of submission 118 is supported. It assists in the implementation of the proposed plan to have a definition of the term "rural heartland" given that this term is referred to in the plan. Submission point 15 of submission 118 be Beca // 23 February 2010 // Page 84

141 Name Inclination Summary Decision Requested FS 466 [118] 53 Horticulture NZ : Keenan, Chris : Oppose Opposes submission 118 point 15 and submission 118 point 20. The terms should have been defined in the proposed plan so submitters understood the meaning and so that it went through a robust Section 32 analysis. Submission point 15 of submission 118 be dis Submission point 20 of submission 118 be dis Transpower New Zealand Limited : Le Marquand, David In Part Transpower considers the implementation of provisions that give effect to their Corridor Management Plan (CMP) will satisfy the National Policy Statement on Electricity Transmission (NPSET) and in particular Policies 10 and 11. In accordance with its CMP Transpower seeks that, buildings, structures, subdivision, earthworks (excavation and fill) and tree planting within electricity transmission line corridors throughout the Kaipara District are regulated such that: a) Buildings and structures within 12 metres either side of the centreline of an electricity transmission line are assessed via a noncomplying activity. b) The planting of vegetation that will reach over 2 metres in height at full maturity within 12 metres of the centreline of an electricity transmission line are assessed via a restricted discretionary activity. c) Buildings and structures between 12 and 32 metres of the centreline of an electricity transmission line are assessed via a restricted discretionary activity. d) Earthworks within 12 metres of the closest visible edge of a high voltage transmission line support structure shall are assessed via a restricted discretionary activity. In accordance with its Corridor Management Plan (CMP) Transpower seeks that, buildings, structures, subdivision, earthworks (excavation and fill) and tree planting within electricity transmission line corridors throughout the Kaipara District are regulated such that: a) Buildings and structures within 12 metres either side of the centreline of an electricity transmission line are assessed via a noncomplying activity. b) The planting of vegetation that will reach over 2 metres in height at full maturity within 12 metres of the centreline of an electricity transmission line are assessed via a restricted discretionary activity. c) Buildings and structures between 12 and 32 metres of the centreline of an electricity transmission line are assessed via a restricted discretionary activity. d) Earthworks within 12 metres of the closest visible edge of a high voltage transmission line support structure shall are assessed via a restricted discretionary activity. e) Earthworks that raise the ground level beneath a transmission line are assessed as a restricted discretionary activity. f) Subdivision that does not comply with the permitted activity standards for activities within the transmission corridor are assessed via a Beca // 23 February 2010 // Page 85

142 Name Inclination Summary Decision Requested e) Earthworks that raise the ground level beneath a transmission line are assessed as a restricted discretionary activity. f) Subdivision that does not comply with the permitted activity standards for activities within the transmission corridor are assessed via a discretionary activity. This results in a transmission corridor of 32m either side of the centreline of the transmission line (64m width in total). A non-complying activity status for buildings within 12m of a transmission line is considered necessary and appropriate to discourage development within this area. Developments that are close to a transmission line have a significant potential to affect the health and safety of the public as well as the integrity of the transmission line. It is important to ensure that such provisions apply to both subdivision and activities/development. discretionary activity. Amend the relevant sections of the Plan to give effect to these provisions. Suggested wording is provided in the full submission refer to D2.A p14 of the full submission for details. The rules should include an advice note relating to notification as follows (or words to that effect): Adopt any other such relief, including additions, deletions or consequential amendments necessary as a result of the matters raised in these submissions, as necessary to give effect to this submission; AND Any other such relief as to give effect to this submission FS 466 [434] 23 Horticulture NZ : Keenan, Chris : In Part Opposes in part submission 434 point 6 as the provision sought should only apply to new activities, not existing. Submission point 6 of submission 434 be disallowed in part. FS 498 [434] 118 rthpower Limited : Watson, Russell : In Part Submission point 6 of submission 434 is supported in part. rthpower has similar issues with respect to trees and managing critical lines. Extension of these rules to other critical electricity lines such as conveyance lines supporting new and existing generation. Submission point 6 of submission 434 be allowed in part Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Oppose Method Financial contributions is not. Would be more appropriate (and easier to review) if development contributions were levied across the whole district. Reconsider financial contribution chapter. Beca // 23 February 2010 // Page 86

143 Name Inclination Summary Decision Requested Pouto Topu a Trust : Walker, Ian FS Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 207 points and as the relief sought would not achieve the principles and purpose of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. The provisions of Chapters 3 and 3A achieve the purpose and principles of the RMA whilst providing a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Financial contributions are an appropriate method for funding the costs of development within Kaipara. Submission points of submission 207 be dis Submission point of submission 207 be dis FS Hogan, Jonathen Support They have the best interests of the ratepayers at heart. Submissions are well written and researched. The whole of submission 207 be allowed Kaipara District In Part It is not clear from the Integrated Development Rule (4) and Rule 15B 13.1(4) add new Beca // 23 February 2010 // Page 87

144 Name Inclination Summary Decision Requested Council Rules that this rule is intended to be applied for larger developments, i.e. where 3 or more additional lots are created and the Environmental Benefit and Rural Amenity Lot rules do not apply. To make this clearer it is recommended that a new term for subdivision be added to these rules. In addition a user friendly note should be added to explain more about this type of subdivision. term (f) for subdivision: (f) The proposed subdivision results in the creation of 3 or more additional lots and environmental benefits can be provided and are shown in the Draft Integrated Development Management Plan. Rule (4) add new term (e) for subdivision: (e) The proposed subdivision results in the creation of 3 or more additional lots and environmental benefits can be provided and are shown in the Draft Integrated Development Management Plan. Add the following user friendly notes to Rules , Rule 15B.13.1 and Rule : Applications for Integrated Development Subdivision will be considered against the assessment criteria of this rule and the ability of the proposal to meet the requirements of the Integrated Development Guidelines in Appendix 24b. This type of subdivision allows for flexibility in the amount of Environmental Benefit provided through this type of application is assessed based on a case by case basis. If an Environmental Benefit can not be demonstrated then resource consent under this rule may not be approved. FS 477 [118] 2 Chases Gorge Camp Club : Ramsey, Graeme : Oppose The economic benefits and environmental effects of subdivision, particularly in the defined growth areas, is not sustainable and supported by relevant objectives, policies and rules. Submission points of submission 118 be dis Bull, John Oppose The changes to the subdivision rules particularly within Overlay areas will reduce the Two dwellings on a 4ha lot - smaller lot sizes. Beca // 23 February 2010 // Page 88

145 Name Inclination Summary Decision Requested value of land. consideration has been given to creation of smaller lot sizes, and there is no longer the ability to construct a second dwelling on a 4 ha lot. This will undermine the viability of the original farm Bull, John N/A The Mangawhai Structure Plan (MSP) is effectively nullified since most of the rural residential zone has been removed. When combined with the Harbour Overlay this nullifies the intent of the MSP. t stated Ross, Angus & Sharon N/A The Proposed Plan is going to have a huge cost to ratepayers. The existing plan only needed to be adjusted and the use of consultants and engineers kept to a minimum. Minor changes to Operative Plan only. FS 509 [187] 5 Kai-Cut Limited : Toan, Viki : Oppose Opposes submission 187 point 8 as the relief sought would not achieve the purpose and principles of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 8 of submission 187 be dis FS 510 [187] 5 Harbour View Investments Limited : Toan, Vicki : Oppose Opposes submission 187 point 8 as the relief sought would not achieve the purpose and principles of the RMA. The Council is required to review its District Plan under and in accordance with the RMA. Submission point 8 of submission 187 be dis FS 465 [187] 42 Department of Conservation (rthland Conservancy) : Riddell, Andrew : Oppose Submission point 8 of submission 187 is opposed. The Kaipara District Council needed to replace the operative Plan as it is outdated, no longer achieves the purpose of the Act and does not give effect to national or regional policy statements. Submission point 8 of submission 187 be dis New Zealand Historic Places In Part Policy welcomed but limited by Councils understanding of its heritage resources and Council should compile a detailed schedule of heritage "features" within the District. This Beca // 23 February 2010 // Page 89

146 FS 495 [413] FS 492 [413] FS 482 [413] Name Inclination Summary Decision Requested Trust : Reynolds, Sherry values. Reliance on individual developers identifying resources and the effects on them. This is Councils responsibility. should be sufficiently detailed to allow rules to be applied in individual resource consent applications that can adequately protect the heritage values that lead to the feature' inclusion in the schedule. 1 Stevens, Owen Support Supports submission 413 point 1 though 72 and submission 426 point 23. Landscape values must be defined to prevent any further structures being built on the tops of hills so ruining the visual catchments. The whole of submission 413 be Submission point 23 of submission 426 be 1 Mangawhai Historical Society Inc. : Bygrave, Christine : Support Mangawhai Historical Society Inc supports the many points made by NZHPT they have the reputation and skills to advise council on how best to practically implement the diverse commitments that council has made in Section 17. Heritage in its proposed district plan The whole of submission 413 be allowed 1 New Zealand Archaeological Association : Carpenter, Jonathan : Support The New Zealand Archaeological Association is an incorporated society spanning students, amateurs, professionals and institutions involved or interested in archaeology, and is devoted to the promotion and fostering of research into the archaeology of New Zealand and the protection of archaeological sites. The proposed district plan identifies and protects a very narrow sample of Kaipara s archaeological heritage in its schedules (which themselves do not contain an appropriate level of information, are not adequately protected by associated rules, and are too reliant on the NZHPT register) and does not have adequate rules and methods to protect archaeological sites from inappropriate subdivision, use and development. In particular, the proposed plan should treat the NZ Historic Places Trust as an The whole of submission 413 be Beca // 23 February 2010 // Page 90

147 Name Inclination Summary Decision Requested affected party on matters relating to development in the vicinity of archaeological sites, and should make use of ArchSite ( the online archaeological site recording scheme when assessing development proposals. Apart from a few coastal areas, Kaipara has not been comprehensively surveyed for archaeological sites and adequate measures should be taken to protect as yet unrecorded sites Puharich, Nicola, Eileen, Nicholas In Part Support Growth Areas 3A and Appendix A (Maps): Having defined areas for growth with a managed process of developing these areas. t stated. FS 509 [426] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 426 points 2, 7, 8, 9, 19, 31 and 45. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 426 be Submission point 7 of submission 426 be Submission point 8 of submission 426 be Submission point 9 of submission 426 be Submission point 19 of submission 426 be Submission point 31 of submission 426 be Submission point 45 of submission 426 be FS 510 [426] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 426 points 2, 7, 8, 9, 19, 31 and 45. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for Submission point 2 of submission 426 be Submission point 7 of submission 426 be Submission point 8 of submission 426 be Submission point 9 of submission 426 be Beca // 23 February 2010 // Page 91

148 Name Inclination Summary Decision Requested future growth. Submission point 19 of submission 426 be Submission point 31 of submission 426 be Submission point 45 of submission 426 be Glinks Gully Protection Society Inc : MacKinlay Keith In Part Support Growth Areas 3A and Appendix A (Maps): Having defined areas for growth with a managed process of developing these areas. t stated. FS 509 [417] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 417 points 2, 6, 7, 8, 16, 26 and 40. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 417 be Submission point 6 of submission 417 be Submission point 7 of submission 417 be Submission point 8 of submission 417 be Submission point 16 of submission 417 be Submission point 26 of submission 417 be Submission point 40 of submission 417 be FS 510 [417] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 417 points 2, 6, 7, 8, 16, 26 and 40. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 417 be Submission point 6 of submission 417 be Submission point 7 of submission 417 be Submission point 8 of submission 417 be Submission point 16 of submission 417 be Beca // 23 February 2010 // Page 92

149 Name Inclination Summary Decision Requested Submission point 26 of submission 417 be Submission point 40 of submission 417 be FS 477 [417] 1 Chases Gorge Camp Club : Ramsey, Graeme : Oppose Opposes submission 417 points 2, 6, 8, 26 and 40. Opposes the extent and scope of the growth area as proposed. Submission point 6 of submission 417 be dis MacPherson, Kris In Part Support Growth Areas 3A and Appendix A (Maps): Having defined areas for growth with a managed process of developing these areas. t stated. FS 509 [428] 7 Kai-Cut Limited : Toan, Viki : Support Opposes submission 428 points 2, 7, 8, 9, 19, 29 and 42. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 428 be Submission point 7 of submission 428 be Submission point 8 of submission 428 be Submission point 9 of submission 428 be Submission point 19 of submission 428 be Submission point 29 of submission 428 be Submission point 42 of submission 428 be FS 510 [428] 7 Harbour View Investments Limited : Toan, Vicki : Support Opposes submission 428 points 2, 7, 8, 9, 19, 29 and 42. The provisions achieve the purpose and principles of the RMA. They provide a mechanism to ensure the adequate and timely supply of business and residential land. It is appropriate for Council to identify areas for future growth. Submission point 2 of submission 428 be Submission point 7 of submission 428 be Submission point 8 of submission 428 be Submission point 9 of submission 428 be Beca // 23 February 2010 // Page 93

150 Name Inclination Summary Decision Requested Submission point 19 of submission 428 be Submission point 29 of submission 428 be Submission point 42 of submission 428 be Hawkes, Betty Support Supports the inclusion of Chapter 3A. It is appropriate that a structure planning exercise is undertaken for all areas identified in Chapter 3A. Retain Chapter 3A. FS 511 [154] 24 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Oppose Opposes submission 154 point 5. The Council has not detailed the cost of undertaking the structure planning exercise. It is unclear how the growth areas have been identified and the extent of development defined. There are no aspects of the Kaipara District that can be likened to the Waitakere District so the District Plan should not mirror that. Submission point 5 of submission 154 be dis Doughty, Maurice Support Supports the inclusion of Chapter 3A. It is appropriate that a structure planning exercise is undertaken for all areas identified in Chapter 3A. Retain Chapter 3A Stevens, Richard and Diane Support Supports the inclusion of Chapter 3A. It is appropriate that a structure planning exercise is undertaken for all areas identified in Chapter 3A. Retain Chapter 3A. FS 511 [150] 24 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Oppose Opposes submissions 150 point point 5 The Council has not detailed the cost of undertaking the structure planning exercise. It Submission point 4 of submission 150 be dis Submission point 5 of submission 150 be dis Beca // 23 February 2010 // Page 94

151 Name Inclination Summary Decision Requested Pouto Topu a Trust : Walker, Ian : is unclear how the growth areas have been identified and the extent of development defined. There are no aspects of the Kaipara District that can be likened to the Waitakere District so the District Plan should not mirror that Scott, Carolyn Support Supports the inclusion of Chapter 3A. It is appropriate that a structure planning exercise is undertaken for all areas identified in Chapter 3A. Retain Chapter 3A. FS 511 [146] 24 Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust : Walker, Ian : Oppose Opposes submissions 146 point point 5 The Council has not detailed the cost of undertaking the structure planning exercise. It is unclear how the growth areas have been identified and the extent of development defined. There are no aspects of the Kaipara District that can be likened to the Waitakere District so the District Plan should not mirror that. Submission point 4 of submission 146 be dis Submission point 5 of submission 146 be dis Simpkin, Ben Oppose 3A.3.4 states that roading upgrades are to be paid for by developers or development contributions. This rule (and others in the plan) make it very expensive and uninviting for developers inhibiting growth. Delete 3A.3.4 which states roading upgrades are to be paid for by developers or development contributions NZ Transport Agency : Buckley, Patrick Oppose The NZTA supports in principle the strategic approach taken to long-term planning within the District adopted in Chapter 3 of the Proposed Plan. Accordingly the NZTA supports the statement of issues contained in Clause 3.3 of the Plan. twithstanding the above NZTA is concerned Clause 3A.3.4 be amended by the deletion of the last sentence and its replacement with the following: 'All Structure Plan and Plan Changes proposed within Growth Areas that are adjacent to or surround State highways will be required to be accompanied by a Traffic Impact Assessment Beca // 23 February 2010 // Page 95

152 Name Inclination Summary Decision Requested that the Proposed Plan provisions for the growth areas will not promote the sustainable management of they physical resources of the district and, in particular the State highway network. The NZTA considers that historic and projected patterns of growth of Residential and Business activity in the District do not justify the spatial extent of the Growth Areas identified. NZTA considers that the Plan provisions that provide for the future subdivision and development within Growth Areas will not secure NZTA's statutory objective. The NZTA considers that plan provisions which allow for subdivision and development within Growth Areas in advance of the formulation of Structure Plans for these areas are not consistent with sound resource management and will not achieve the outcomes sought by clause of the Proposed Plan. Accordingly, the NZTA considers that Chapter 3 should be amended to indicated that structure plans for all Growth Areas should be developed either before or concurrently with subdivision and development proposals to ensure integrated planning of land use and transportation. which considers the effects on State highways including intersections with local roads. Any upgrades to the State highways that are necessitated by proposed development will be funded through financial contributions Fieldco Foods : Simpkin, Richard Oppose 3A.3.4 states that roading upgrades are to be paid for by developers or development contributions will make it very expensive and uninviting for developers inhibiting growth. Amend 3A.3.4 to delete statement that road upgrades will be paid for by developers Vector Gas Limited : Robertson, Gill Oppose Outcome 3A Stormwater. Add a new outcome 3A.3.8 Strategic Utilities as follows 'The efficient operation of strategic Add a new outcome 3A.3.8 Strategic Utilities as follows: 'The efficient operation of strategic utilities shall Beca // 23 February 2010 // Page 96

153 FS 484 [102] FS 498 [102] FS 486 [102] Name Inclination Summary Decision Requested utilities shall not be unduly compromised by other activities nearby'. not be unduly compromised by other activities nearby' and any other consequential amendments. 5 Fonterra Cooperative Group Ltd : Mathieson, Graeme : Support Agree that a new outcome 3A.3.8 Strategic Utilities be added as follows The efficient operation of strategic utilities shall not be unduly compromised by other activities nearby Submission point 7 of Submission 102 be allowed 161 rthpower Limited : Watson, Russell : Support Submission point 7 of submission 102 is supported. rthpower supports this submission for the reasons provided by the submitter. Submission point 7 of submission 102 be 8 The New Zealand Refining Company Limited : Brooks, Lisa : Support Supports submission 102 point 7 as activities that may affect its petroleum pipeline should take into accounts its location and protection requirements. Submission point 7 of submission 102 be Beca // 23 February 2010 // Page 97

154 Appendix 2 Chapter 3 Land Use and Development Strategy Submitters who wish to be heard

155 Name 2, 498 rthpower Limited 7 Rodney District Council 14 Dalziell, Scott 35 Roadley, Rex 38, 492 Mangawhai Historical Society Inc. 42, 495 Stevens, Owen Submitters Wishing to be Heard on Chapter 3 Harris, Peter and Raewyn : Materials Processing Ltd 85, 510 Harbour View Investments Limited 92 Riverside Holiday Park 98, 506 rthland Regional Council 99, 478 Larsen, Jonathan 102, 487 Vector Gas Limited 103, 508 NZ Transport Agency 105 The Aggregate and Quarry Association of New Zealand 106, 513 Ratepayers and Residents of Mangawhai 117 McShane, Owen 135, 465 Department of Conservation (rthland Conservancy) 164, 477 Chases Gorge Camp Club 169, 486 The New Zealand Refining Company Limited 183, 472, 494 Hogan, Jonathen 207, : Farmers of New Zealand Inc., Kaipara Citizens and Ratepayers Association Inc, Pouto Topu a Trust 222 Simpkin, Daniel Craig 230 Linton, D 298, 480 Transition Town Kaiwaka 319 The National Trading Company of New Zealand Limited 374 Boakes, Matthew Glen 413, 496 New Zealand Historic Places Trust 424 Horrocks, Craig 425, 505 Te Uri o Hau 426 Puharich, Nicola, Eileen, Nicholas Bull, John Te Uri o Hau and Te Roroa

156 Name 466 Horticulture NZ 482 New Zealand Archaeological Association