PALMERSTON NORTH CITY COUNCIL DECISIONS AND RECOMMENDATIONS OF THE HEARING COMMISSIONERS

Transcription

1 PALMERSTON NORTH CITY COUNCIL PROPOSED PLAN CHANGE 10: DESIGNATIONS UNDER PART 1 SCHEDULE 1 RESOURCE MANAGEMENT ACT 1991 DECISIONS AND RECOMMENDATIONS OF THE HEARING COMMISSIONERS Commissioners: Chris Mitchell (chair), Stuart Kinnear, Cr Susan Baty and Cr Tangi Utikere Delegation: dated 17 October 2012 Date of Hearing: 15 November 2012 Date of decision: 21 May

2 Introduction 1. We have been appointed by the Palmerston North City Council (the Council) as commissioners under section 34A Resource Management Act 1991 (RMA) to hear and determine, by decisions or recommendations, Proposed Plan Change 10 to the Palmerston North City District Plan (which we will refer to as PPC 10 ) and the submissions and further submissions on it. 2. PPC 10 is one of a series of changes proposed to the District Plan by the Council under its sectional review. It covers Section 24 which includes a list of all the designations in the Plan. The designations are also shown on the relevant Plan maps. 3. For the purposes of PPC10, the text of Section 24, and each of the specific designations which are sought, can stand on its own as each can be separately assessed. 4. Our delegation to make decisions and recommendations on PPC 10 is as follows: (a) All Commissioners are delegated to make recommendations on designation requests by requiring authorities other than the Palmerston North City Council ( the Council ), and to make decisions on proposed changes to Section 24. (b) Commissioners Kinnear and Mitchell are delegated to decide on designation requests by the Council. 5. Our decision is structured as follows: (a) Decisions and recommendations (b) Record of attendances at the hearing (c) Background (d) Statutory framework (e) Report under section 42A (f) Council designations (g) Requiring authority designations (h) Submissions (i) Assessment and determination of submissions on (j) Council designations Assessment of and recommendations on submissions on other designations (k) Decisions on Section 24 (l) Changes made under Schedule 1 Clause 16(2) (m) Conclusions 2

3 Decisions and recommendations 6. The notice of requirement by the Police for a new designation for Police Purposes of Lot 319 DP (22 Connolly Place) is recommended for approval as notified by the Minister. 7. Each of the following existing designations is recommended for approval by the relevant requiring authority with the modifications respectively sought: (a) all designations (b) Corrections (c) Justice (d) New Zealand Railways Corporation (e) New Zealand Transport Agency (f) Transpower NZ Limited (g) Powerco Limited all designations (h) Chorus NZ Limited all designations 8. The existing designation by Airways Corporation of New Zealand for Air Navigation Aids (Very High Frequency Omni-Directional Range and Distance Measuring Station) is recommended for approval with the following modifications to be shown in Appendix 24A Attachment 4 : (a) Insert 2 plans shown in Appendix 1 of this report (at Attachment 4) in replacement of the plans in Appendix 24A Attachment 4. (b) Insert the following as conditions of the designation in Attachment 4: No person is permitted to erect, plant, permit or suffer any building, structure, equipment, conductor, tree or vegetation of a height or width greater than specified within the prescribed radius bands shown on the plan and diagram No (2 sheets) annexed without obtaining the prior written approval of Airways. Airways may only withhold its approval on the basis that the proposed activity may interfere with the effective operation of the VOR as part of the air traffic control network and instrument approach system for Palmerston North International Airport. 3

4 9. The existing designation by the Manawatu-Wanganui Regional Council (Horizons.mw) for Flood protection purposes including the on-going maintenance of stopbanks is, subject to paragraph 10 below, recommended for approval with the modifications set out in paragraph 4.46 of the Section 42A report to the hearing commissioners (at pages of the hearing agenda). 10. The proposed modification to the designation by Manawatu- Wanganui Regional Council (Horizons.mw) for Flood protection purposes including the on-going maintenance of stopbanks relating to Secondary Stopbank between Ruahine St at Fitzroy Bend and Ruamahanga Crescent is recommended for cancellation. 11. The notice of requirement by the Council for a new designation for Water Supply Services of Lot 4 DP (160 Keith St) is confirmed as notified. 12. Each of the following existing Council designations is confirmed with the modifications sought: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (Ashhurst) Oxidation Ponds Wastewater Treatment Plant (Totara Road) (Aokautere) Oxidation Ponds Refuse Disposal Area Roberts Line water supply Takaro water supply Papaioea water supply Ashhurst water supply reservoirs Ashhurst water supply Harts Road water supply reservoir Turitea Water Treatment and Water Supply Reservoir Proposed Ashhurst Domain ( Railway Land ) Proposed Road Extension Johnstone Drive 13. Consideration of proposed Council designation for Road Purposes Featherston Street (No.89) is adjourned to 1 November Section 24.1 is to be amended as set out in paragraph Sections 24.3 and 24.4 are to be reinstated. 16. The submissions on Proposed Plan Change 10 are accepted, accepted in part or rejected for the respective reasons set out in paragraphs of this decision. 4

5 17. Notes: (a) In this decision all statutory references are to the Resource Management Act 1991, unless stated otherwise. (b) In this decision all references to designation numbers are, unless otherwise stated, to the numbers used in the draft Appendix 24A set out in Appendix A of the Section 42A report to the hearing commissioners. (c) For ease of reference Appendix 1 of this decision contains Proposed Plan Change 10 as recommended or confirmed by this decision. (d) Appendix 2 of this decision contains the information sought and received after the hearing referred to in paragraphs below. (e) Final approval of Proposed Plan Change 10 in relation to Section 24 will be considered by the Council under Schedule 1 Clause 17 once any appeals against this decision have been resolved. (f) Final approval of Proposed Plan Change 10 in relation to Appendix 24A may be considered by the Council at any time after the requiring authorities have considered the recommendations set out in this decision and made their respective decisions under clause 13 Schedule 1. (g) In respect of existing designations for which no modifications were sought and on which no submissions were received, and in respect of designations to be withdrawn by the requiring authority, we are not required to make any decision. All such designations to be maintained will be included in the new Appendix 24A. Record of attendances at the hearing 18. The hearing of PPC 10 took place on Thursday 15 November 2012 at the Council Chamber at Palmerston North City Council. The following persons participated in the hearing: (a) The Commissioners: Stuart Kinnear, Chris Mitchell (Chair), Cr Susan Baty, Cr Tangi Utikere, assisted by Committee Administrator Penny Odell (b) The Council: Daniel Batley (Policy Planner) and David Murphy (City Planner) (c) Airways Corporation of New Zealand requiring authority, represented by Lisa Thomas (d) Chorus and Telecom NZ Ltd requiring authority, represented by Louise Miles and Mary Barton (e) Horizons (Manawatu-Wanganui) Regional Council - local authority, represented by Ian Lowe and Penny Tucker 5

6 (f) Department of Corrections on behalf of Corrections, represented by Stephanie Steadman (g) Joseph Poff, submitter (h) Janita Stuart, submitter (i) John Bent, further submitter Background 19. PPC 10, comprising a proposed new Section 24 and Appendix 24A was notified in July 2012 in accordance with Clause 5 Schedule 1 RMA. The Council received 12 submissions and 4 further submissions. 20. A submission (No. 10) from Mr JB Twigge was withdrawn by prior to the hearing, and the further submission in support of that submission from Mr DL Griffiths accordingly does not require any determination. 21. An evaluation under section 32 was made for PPC 10 as a whole and the report of that evaluation was notified along with the plan change. 22. The relevant statutory provisions will be referred to in the next section of this decision. For the purposes of this background, we record that the proposed designation provisions to be included in Appendix 24A consist of: (a) 21 operative designations to be rolled over without change (b) 72 operative designations to be modified (of these 64 are minor modifications to the name of the requiring authority and/or to the description of the existing activity) (c) 2 new notices of requirement (d) 3 designations to be withdrawn 23. For reasons which we will set out in the next section of this decision, we are not to make any decisions or recommendations in respect of the rolled over designations in paragraph 22(a) above (as no submissions have been made in respect of any of them) or in respect of the designations to be withdrawn listed in paragraph 22(d) above. 24. As we noted in paragraph 4(b) above, Commissioners Kinnear and Mitchell are delegated to make decisions on Council designations. Of the designations listed in paragraph 22 above, 27 are operative Council designations to be maintained with or without modification, with 1 new notice of requirement from the Council and 2 removals of operative Council designations. 6

7 Statutory framework 25. The Council is currently reviewing its operative district plan on a section by section basis. As part of this review, the Council must, under Clause 4(1) Schedule 1 invite all requiring authorities, with designations that have not lapsed, to notify it whether these designations should be included in the proposed district plan, with or without modification. 26. If a requiring authority does not notify the Council that a designation is to be included in the proposed district plan, then that designation is not to be included (Clause 4(4)). 27. If a requiring authority gives notice that a designation is to be withdrawn, then the Council is simply required to give effect to that withdrawal and no other process or decision is required (Clause 4(10)). 28. A designation is a provision included in a district plan which specifically authorises an activity described in the designation and subject to any conditions included in it. A designation may be required by any requiring authority. Requiring authority is defined by section 166 to include a the Crown, a local authority or an approved network utility operator. The Council is also a requiring authority and may make a request to itself however we will treat these requests separately, and will not generally include the Council when we refer to requiring authorities in this decision. 29. In the District Plan designations are listed in Appendix 24A and are shown on the planning maps for the land they relate to. 30. When considering a Council designation or a Council notice of requirement for a new designation we do so under section 168A(3). In other words, subject to Part 2, we consider the effects on the environment of allowing the requirement and have particular regard to all the matters listed in s.168a(3)(a)-(d). In respect of these requirements we have the authority to make a decision under section 168A(4). 31. When considering a requiring authority s designation or notice of requirement we do so under section 171(1). For present purposes, this provision is materially the same as section 168(3). The difference, however, is that in respect of these requirements we make a recommendation to the relevant requiring authority which must then make a decision under clause 13(1). 32. However we are not to make any decision or recommendation in respect of existing designations which have been included without 7

8 modification and in respect of which no submissions have been received (Clause 9(3)). 33. In relation to the substantially similar criteria to be applied in considerations under sections 168A(3) and 171(1) we briefly note the following matters: (a) Part 2 Section 5 sets and defines the purpose of the RMA, and sections 6-8 contain a hierarchy of matters which must be specifically considered by decision makers in this context. (b) Section 2 defines environment and section 3 defines effect. (c) Section 32 directs the Council to carry out an evaluation before any proposed plan is notified. However the evaluation requires the Council to consider whether each of its objectives is the most appropriate way of achieving the purpose of the RMA, and then whether the policies and rules are the most appropriate way of achieving those objectives. As none of these elements is present in this proposal we do not regard an evaluation under section 32 as necessary for PPC 10. (d) We note that under section 74(2)(b)(ii) we must have regard to any management plans and strategies prepared under other Acts. (e) Schedule 1 Part 1 contains the detailed process under which new Plans and changes are prepared, notified for submissions and further submissions, heard and decided, and then formally adopted. 34. The essence of both sections 168A(3) and 171(1) is that we must consider the effects on the environment of the activity allowed by the designation, having particular regard to relevant plans and policies, the adequacy of consideration given to alternatives, whether the designation is reasonably necessary to give effect to the relevant requiring authority s objectives, and any other matter we consider reasonably necessary to make our recommendation or decision. This assessment needs to be made for every new requirement, for every existing designation which is required to be modified, and for every existing designation which is subject to a submission. 35. We also note that section 181(3) allows minor alterations to designations to be made where the requiring authority and the Council agree and where the owners or occupiers of directly affected land agree. Clause 9 Schedule 1 does not have an equivalent provision, and neither section 171 nor section 168A contains any express power to disregard baseline effects such as exists in section 104(2). 8

9 36. We mention this because many of the modifications sought to existing designations are minor, and self-evidently do not (and could not) have any effect on the environment different to those already associated with the particular designation. In these cases we have simply noted the absence of any further effects on the environment arising from the proposed modifications, and recommended accordingly. 37. We note sections 184 and 184A dealing with the lapsing of designations which have not been given effect to since their inclusion in the District Plan. These provisions are relevant where the designation enables future work which has not occurred within the relevant lapsing period (usually 5 years). For our purposes the importance of these provisions is that any designation which has lapsed cannot be rolled over under clause 4 Schedule 1, but instead must be requested by a new notice of requirement 38. As with all assessments and decision making in this context we have thought it necessary to ask whether the proposed provisions represent the best option for achieving the purpose of the RMA. Report under section 42A 39. Mr Batley spoke briefly to his evidence which had been circulated as a report under section 42A. It is not necessary to summarise the contents of that report. It suffices to record his recommendations on the following matters. 40. He recommended the acceptance of the changes to Section 24.1 sought by Radio New Zealand. 41. Mr Batley recorded that following pre-hearing discussions, and agreed position had been reached between Airways Corporation and the submitter of its designation (Mr JB Twigge). This agreement resulted in the recommendation of an amended modification to the designation leading, in turn, to the withdrawal of Mr Twigge s submission and, effectively, to the end of Mr Griffiths submission in support of that submission. 42. He recommended that the Horizons flood protection designation be split into two, with designation 85A dealing with the secondary stopbank designation. 43. He recommended that the consideration of Council designation for Road Purposes Featherston Street be deferred to a later date. This designation is subject to 2 submissions: from Angelo Heliciopolos and Progressive Enterprises. The Commissioners 9

10 indicated to Mr Batley that deferral to an unspecified date was problematic. We understood him to accept that a date should be set, and we have done so. We return to this designation below. 44. He confirmed that the omission of Sections 24.3 and 24.4 was inadvertent, and the Council wishes to retain those provisions. 45. In other respects, Mr Batley s recommendations on the various designations and the submissions are well recorded at Appendix A of his report. Council designations 46. We are required to make decisions on Council designations for which modifications are sought and on any new Council requirement for designation. 47. The Council has sought to modify a number of its designations by amending the purpose of the designation from site/area and/or function specific (eg Ashhurst Oxidation Ponds to Water and Waste Services ). However there are also a smaller number of designations for which modified areas of land are sought. 48. There is one request for a new designation. 49. Three submissions and one further submission relate to Council designations. Other designations Submissions 50. We are required to make recommendations on all other designations for which modifications are sought, and on any new requirement for designation. 51. Most of the modified designations are small amendments to the name of the requiring authority or to the stated purpose. 52. Airways Corporation and the Manawatu-Wanganui Regional Council propose modifications to the substantive extent of their respective designations and submissions were received on these. 53. The Police requested a new designation, though the relevant activity already exists. 54. As noted above, the Council received 12 submissions and 4 further submissions on PPC10. These submissions are summarised in Mr 10

11 Batley s section 42A report is the following is an abbreviated summary of them: (a) Radio NZ s submission requests that its existing designation be maintained and that the text of Section 24.1 be amended (b) Powerco s submission requests that the changes requested to its designations be given effect to. (c) Janita Stuart s submission seeks the removal of secondary stopbanks from the Horizons designation (d) Zetta Robertson makes the same submission as Janita Stuart. (e) New Zealand Transport Agency s submissions requests a change to the statement of purpose for its designation from that which was notified (f) Angelo Heliciopolos submission opposes the Council designation 89 seeking to modify the extent of the Road Purposes Featherston Street designation (g) KiwiRail s submission requests an amendment to the maps showing its designation (h) Horizons Regional Council s submission requests changes to the mapping and explanatory/scope description of its designation (i) (j) The Corrections submission requests changes to a number of the conditions of the existing designation JB Twigge s submission has been withdrawn on the basis that changes will be recommended to the Airways Corporation designation (k) Progressive Enterprises Ltd s submission opposes and/or seeks conditions on Council designation 89 noted in (f) above. (l) Joseph Poff s submission requests that the proposed modification to the Council s Turitea Water designation be amended to include renewable energy production 55. We heard from the following in support of their designations, requests or submissions. 56. Lisa Thomas presented written submissions and answered questions on the proposed changes in conditions to the Airways Corporation designation to give effect to the pre-hearing discussions with Mr Twigge. She presented 2 plans which are to be used in substitution for those currently in Attachment 4. 11

12 57. Louise Miles and Mary Barton presented written submissions on behalf of Chorus and Telecom as requiring authorities. There were no matters arising from those submissions. 58. Ian Lowe and Penny Tucker made submissions on behalf of Horizons. The questions concerned the issues raised in the Stuart and Robertson submissions about the need for the secondary stopbank designation. Horizons view is that the secondary stopbanks are not completely redundant and that a designation alerts both buyers and potential owners to their existence. There is a concern that simply relying on the One Plan rules would not raise any flag through the Land Information Memorandum process in the way a designation will. 59. Stephanie Steadman attended to answer questions for the Corrections. The Commissioners thanked her for her attendance but did not have any questions. 60. Joseph Poff explained the background to his request which arose from the expensive and time consuming process that had overtaken the Council in dealing with the Turitea wind farm proposal, and which he thought might have been avoided if the Council land had been designated in a way which allowed that renewable energy development to proceed. The Commissioners explained to Mr Poff that they have no legal ability to require a designation purpose to be expanded beyond that sought by the requiring authority with responsibility for the work. 61. Janita Stuart spoke to her submission relating to the proposed designation of the secondary stopbank. She has a long involvement in the issue, in collaboration with other affected owners, and also participated in the consideration of the relevant provisions of the Horizons One Plan. She emphasised that the land is private and that many of the easements held by Horizons have been surrendered. There is thus very little scope for Horizons to do any work on this secondary stopbank, and this makes the description of the works incorrect. 62. John Bent advised that all the matters he had planned to cover had been addressed by others and he had nothing to add. Assessment and determination of submissions on Council designations 63. Two Council designations have been the subject of separate submissions as described above under Submissions. 12

13 64. The Featherston Street widening (designation 89) is subject to submissions by Mr Heliciopolos and Progressive Enterprises, and a further submission from Mr Bent. Neither of these submitters has raised any objection to Mr Batley s request to adjourn consideration of the designation and submissions. At our request, the Council wrote to both submitters on 10 April 2013 as we wished to ensure that the delay in issuing this decision had not altered their positions: Progressive Enterprises agreed with the adjournment but no reply was received from Mr Heliciopolos before this decision reached its final draft on 30 April. 65. We do not have any objection to allowing sufficient time for discussions aimed at reaching agreement or narrowing and/or defining issues. However this time must be finite. We have general and specific obligations under the Act to avoid delay. The more time passes, the greater the likelihood that other persons might be affected by the proposal. 66. We therefore adjourn the consideration of this designation and the Heliciopolos and Progressive Enterprises submissions and the Bent further submission to 1 November Before this date we require the Council, if the matters in dispute have not been resolved, to discuss with the two submitters a programme to undertake and conclude further negotiations, and report to us on a recommended timetable to bring the designation back to us for hearing (if necessary), consideration and decision. 67. This direction does not affect the Council s ability to withdraw the designation and then to renew it at a later date if it chooses to do so. 68. The Turitea water treatment and supply designation is the subject of a submission from Mr Poff requesting the expansion of the purpose of the designation to include renewable energy production. We explained to Mr Poff that our powers to modify a designation do not extend to widening it to a purpose that the Council has no responsibility for, and nor can we require anyone else to designate land. We invited Mr Poff to consider raising the matters at the heart of his submission (the facilitation of renewable energy developments) when the Council notifies a review of the Rural Section of the Plan in particular. 69. The submission from Joseph Poff is therefore rejected. For the same reason the further submission of John Bent is, in this respect, accepted. 13

14 Assessment and determination of submissions on other designations 70. As listed in paragraph 51 above, three submissions (Stuart, Robertson and Horizons) and two further submissions (Bent, Mobberley) were made in respect of the Horizons designation. We will return to these below. 71. The submission and further submission in respect of the Airways Corporation designation do not require consideration as the submission was withdrawn. However we will return to the substantive outcome of that submission in our formal recommendations below. 72. All other submissions on designations (other than Council designations) were made by the requiring authorities themselves. We have addressed these under our recommendations below. 73. In relation to that part of the Radio New Zealand submission concerning its Kairanga facility, we confirm that the Council is to prepare a plan change dealing with areas formerly within the Manawatu District but now within the City. At that time we assume that the designation will be brought forward into Appendix 24A. In the meantime, of course, it remains in force under the Manawatu District Plan which continues to have effect in this area. 74. Returning to the Horizons designation, the matter in issue is whether there should be a designation for the secondary stopbank on private properties. 75. The secondary stopbank was built several decades ago by one of Horizons' statutory predecessors, the former Catchment Board. Although these stopbanks are no longer a primary flood defence structure, Horizons says that they are not redundant for this purpose. Horizons is thus concerned that there should not be any damage to them, intentional or otherwise. To a degree, protection for the structures is provided by One Plan Rule However we understood Mr Lowe to accept that the secondary stopbank is effectively a passive structure, and that no active maintenance of it occurs. 76. We understand the argument for the designation as having two aspects. First, the secondary stopbank does fulfil a flood protection purpose. Second, the designation alerts prospective buyers and future owners of the private properties on which it is built that the stopbank has a flood protection function, and has a degree of protection under the One Plan rules. This alert is achieved indirectly through the Land Information Memorandum process which will pick up designations in the District Plan, but might not otherwise recognise the stopbank. 14

15 77. Mr Batley s report recommends a separate designation with wording tailored to the specific context of the secondary stopbank. 78. We have noted Ms Stuart s views at paragraph 60 above, and also considered the submission of Zetta Robertson and the further submissions including, in particular that of Glenis Mobberley which contains useful background. 79. Before looking at the matter under section 171(1), we confirm that the secondary stopbank is within the definition of public work for the purposes of section 168(1). In reaching this conclusion we accept that, whilst Horizons does not actively manage the secondary stopbank, it did build it, and it does retain some statutory powers in respect of it under the Soil Conservation and Rivers Controls Act Under section 171(1) we accept that the long existing secondary stopbank retains a flood protection function which, in turn, is a positive effect on the environment. We accept also that any designation of private land is potentially an encumbrance to the ordinary permitted use of that land and, in turn, that this is an adverse effect on the environment. 81. In terms of the matters to which we must have particular regard under section 171(1)(a) to (d): (a) (b) (c) (d) in respect of (a) we note that the secondary stopbank has some protection under the One Plan rules; in respect of (b) we note that the secondary stopbank exists, is a physical resource, and we do not think it necessary to inquire further into alternatives, but we do note that since this stopbank was built, other flood protection work has been developed to the extent that the older stopbank will now be redundant in all but the most severe floods; in respect of (c), we have some doubt as to whether the proposed designation is really necessary; in respect of (d), we note that Horizons has been willing to surrender its easements on private land which does indicate that this secondary stopbank has a relatively low order of importance in flood management. 82. On balance, having considered all these matters our view is that the designation for the secondary stopbank should not be approved. We think that, fundamentally, the designation is not necessary. As we understand it, Horizons has two key relevant objectives: first that the stopbank should not be physically damaged or compromised (at least 15

16 to any further degree); and second that prospective buyers of properties which include the stopbank should be aware of it and of the relevant One Plan rule. 83. In our view both of these objectives are reasonably achievable without designation. A regional rule requires resource consent before any work affecting the stopbank can be carried out. While it is true that many people could be unaware of this rule, the same might be validly said of many laws, including district plan rules and local bylaws. Moreover, we do not see any reason why both the existence of the stopbank and the requirement to obtain consent before carrying out any work affecting it should not be recorded in a Council Land Information Memorandum. Looking specifically at section 44A(2) Local Government Official Information and Meetings Act 1987, we think that the stopbank could come within all and any of the categories in paragraphs (a), (f) and (g), as well as section 44A(3). The Council is well aware of the stopbank, and we recommend to it that any LIMs issued for properties affected should be appropriately noted. 84. We therefore recommend to the Manawatu-Wanganui Regional Council that it cancel the requirement in relation to the secondary stopbank, and recommend that the submissions of Janita Stuart and Zetta Robertson be accepted. Decision on Section 24 and determination of Radio NZ submission on this issue 85. The Radio New Zealand submission requests a change to the wording of Section Mr Batley recommended that the wording proposed in this submission be accepted. We agree, but in our view, further changes to the text are necessary to achieve accuracy and bring it up to date. We regard these further changes as within the general scope of the submission, but if (and to the extent that) they are not we would use our power under Clause 16(2) Schedule 1 to correct any minor error or to make any alteration where that alteration is of minor effect. 86. Accordingly Section 24.1 is to be as follows: 24.1 Introduction In general land that is used or is proposed to be used for a public work is designated for that specific work (eg road, school, police station). Any the Crown or local authority, which has financial responsibility for a public work, has the power (under Sections 168 or 168A of the Act) to require the Council to include a designation of land for any such work in its District Plan. 16

17 Approved network utility operators also have this power. In this context Ministers of the Crown, local authorities and approved network utility operators are requiring authorities A requirement for a designation by a requiring authority is referred to as a notice of requirement. When the requirement is included in the Plan, following Council assessment and requiring authority confirmation, it becomes a designation. When land is designated in the District Plan it can be used for the designated purpose. Certain conditions may apply to the designation and these are stipulated in the Plan. If any person wishes to use the land in a way that would hinder or prevent the designated work, that person must obtain the prior written consent of the relevant requiring authority. All designated land has an underlying zoning (generally the zoning which applies to adjacent land) and this zoning applies where a designation is removed or for activities which are not in accordance with the designation. All designated land is specifically identified on the Planning Maps. An accompanying Schedule indicates the body having financial responsibility for the designated work or use, any further description of the designation where necessary, and the relevant underlying zoning. 87. Accordingly we accept the submission of Radio NZ on this issue. Decisions on Council designations on which no submissions made 88. The Council has requested a new designation of land at 160 Keith St for water supply services. There was no submission on this request. The land is owned by the Council and the works already exist. The works are a water supply bore to maintain the Council water supply to surrounding areas. The background is set out in the request of Louise Jones dated 2 December We consider that the effects on the environment appear to be all positive. There do not appear to have been any adverse effects caused by the works. The designation is reasonably necessary to enable the Council s objective of maintaining a City water supply. We confirm this designation. 90. There are a number of Council designations proposed to be rolled over with or without modification where we were uncertain as whether the lapsing period is a factor. The reason for this was the inclusion of these designations in the Operative Appendix 24A as proposed works. 91. There were no submissions on these designations and we requested advice on their status in terms of potential lapsing. Using the 17

18 numbering in the Plan Change Report (at pages and Tables 1 and 2) the designations concerned are 36, 74, 77, 78, 79, 80 and 81. These PPC10 designations are designations 41, 82, 86, 87, 91, 93 and 95 in the Operative Plan Appendix 24A 92. Further information on these designations was given to the Chair by from Mr Batley on 14 March This information included a decision dated 17 September 2010 by the Council s Chief Executive under delegated authority extending the lapsing period for designations 41, 79, 82, 87, 91 and 93 by a further 5 years. The further information from Mr Batley advised that designation 77 had been give effect to and that designation 81 is now withdrawn. 93. Proposed designations 36, 74, 77, 78 and 79 are rolled over without modification and thus we are not required to make any decision under Clause 9(3) Schedule 1. Similarly we do not need to make any decision on the withdrawal of designation 81. We approve designation 80 which has been modified to show a leg running in a northerly direction from the extension of Johnstone Drive. In this context we regard the modification proposed as minor, bearing in mind that the future development of this area may yet determine a different alignment. Recommendations on other designations on which no submissions* made 94. Many of these have either no submissions on them, or submissions only from the requiring authority itself. In this category we also include the Airways Corporation designation which was the subject of a submission which was withdrawn prior to the hearing following discussions and agreement. 95. As we have noted above, many of the designations involve requests for minor modifications. These minor modifications include the name of the requiring authority, better or updated definitions of the areas of land designated, and, in the case of the Manawatu Prison, a minor change of landscape conditions. There have been no submissions on these minor requests for modification. 96. For the reasons discussed in paragraphs 36 and 37 above we do not regard these modifications as creating any effects on the environment which do not already arise with the designated work itself or the changes to that work which could be made within the scope of the designation. We therefore recommend approval of the following modified designations to the respective requiring authorities: (a) (b) (c) all designations Justice Powerco Ltd all designations 18

19 (d) (e) (f) (g) (h) Transpower Ltd Corrections NZ Transport Agency NZ Railways Corporation Chorus NZ all designations 97. The new designation requested by the Police, for Police Purposes, relates to land at 22 Connolly Place. The consent of the adjoining owner was supplied, and there were no submissions. This land and buildings has, we understand, been used primarily as a dog training facility for some years. The land is zoned Industrial. There is no evidence of any adverse effect on the environment. We therefore recommend to the Minister that she confirms the requirement. 98. The existing designation sought to be modified by Airways Corporation has been the subject of discussion and agreement between Airways and an adjoining land owner who made (and subsequently withdrew) a submission on it. Plainly, the designation does affect, to some degree, the use of adjoining land. This is because it is important that adjoining structures should not interfere (or have the potential do so) with the communications equipment used for aircraft control. 99. Because there has been agreement between Airways and the directly affected land owner, we do not need to decide any matters of dispute. In our view the designation is reasonably necessary for Airways to achieve it statutory objectives. We therefore recommend to Airways that it approves the designation with the agreed modifications set out in paragraph 8 above As we have noted above, any requests for inclusion of existing designations without modification on which no submissions were received do not require any recommendation or decision by us and are to be included in the new Appendix 24A. Further information received after the hearing 101. After the hearing had been completed we requested confirmation from the Council on the lapsing position of a number of its designations (discussed at paragraphs above); on the position in relation to the adjournment time sought for the Featherston St widening designation (proposed designation 89) and on the legal description of some of the land subject to Council designations Mr Batley replied to us by the following memoranda 19

20 (a) (dated 12 March 2013) reporting that all the lapsing periods had been extended under delegated authority. (b) (dated 5 April) reporting on the proposed timing fro designation 89 (c) (dated 16 April) advising that proposed designation 36 is to be withdrawn All the above are attached to this decision as Appendix 2. Amendments under clause 16(2) Schedule 1 Conclusions 103. Under Clause 16(2) we may make any alteration of minor effect or correct any minor error Section 24.3 and 24.4 are to be reinstated. We regard their omission as a minor error (and indeed it is arguable that the text does not expressly remove them). Plainly they are required to make Section 24 mean what it is meant to mean PPC10 is the means by which Council has given effect to its obligations in relation to existing designations in the Plan and new designations required by requiring authorities when the Plan is being reviewed As we noted at the start of this decision we are not required to make any recommendations or decisions in relation to existing designations which are to be retaining without modifications, or withdrawn Moreover, a significant number of exiting designations to be modified are not subject to any submissions, and their modifications are of no substantive effect in terms of our assessment under section 171(1) Those designations where modifications are potentially significant in terms of section 171(1) we have assessed on the basis of the information provided by the requiring authority in support of their requests. In our view all of these designations achieve the statutory purpose of sustainable management of natural and physical resources We thank everyone who made submissions and attended the hearing for their contributions. 20

21 Dated 21 May 2013 Chris Mitchell Chair Stuart Kinnear Commissioner Susan Baty Commissioner Tangi Utikere Commissioner 21

22 Palmerston North City Council District Plan May 2013 Appendix 1: Plan Change 10 Incorporating Decisions and Recommendations on submissions Note: All text additions are shown as underlined and all text deletions with strikethrough. Section 24: Designations Table of Contents 24.1 Introduction Assessing the Impacts of Designations: Outline Plans Rules: Treatment of Designated Roads R Treatment of Designated Roads Appendix 24A Table 1: Schedule of Designations Attachment 1 Linton Military Camp Attachment 2 State Highway Designations Attachment 2A Alteration of State Highway Designation Attachment 3 Ferguson Street Widening Designation (removed) Attachment 4 Airways Designation Attachment 5 Chorus/Telecom Designations Table 2: Schedule of Heritage Orders

23 Palmerston North City Council District Plan May DESIGNATIONS 24.1 Introduction In general, land that is used or is proposed to be used for a public work is designated for that specific work (e.g. road, school, police station). Public bodies such as Crown departments and local authorities have the power Any the Crown or local authority, which has financial responsibility for a public work, has the power (under Sections 168 and 168A of the Act) to require land, including private land to be set aside for public works for which they are financially responsible the Council to include a designation of land for any such work in its District Plan. When public bodies require land for such purposes this is referred to as a notice of requirement. The public body making the requirement is referred to as a requiring authority. Approved network utility operators also have this power. In this context Ministers of the Crown, local authorities and approved network utility operators are requiring authorities. A requirement for a designation by a requiring authority is referred to as a notice of requirement. When the requirement is included in the Plan, following Council assessment and requiring authority confirmation, it becomes a designation. When land is designated in the District Plan it can only be used for the designated purpose for which is has been set aside. Certain conditions may apply to the designated work and these will have been applied by Council prior to inclusion in the Plan designation and these are stipulated in the Plan. If any person wishes to use the land in a way that would hinder or prevent the designated work, that person must obtain the prior written consent of the relevant requiring authority. However, all All designated land has an underlying zoning (generally the zoning which applies to adjacent land) and this zoning applies (a) where a designation is removed or (b) for works which are not in accordance with the designation where a designation is removed or for activities which are not in accordance with the designation. All designated land is specifically identified on the Planning Maps. An accompanying Schedule indicates the body having financial responsibility for the designated work or use, any further description of the designation where necessary, and the relevant underlying zoning Assessing the Environmental Impact of Designations: Outline Plans An outline plan of a public work, project, or work to be undertaken on designated land must be submitted by the requiring authority to the Council to allow any changes to be requested by the Council before the proposed work is commenced (refer Section 176A, R.M.A). An outline plan is not required if the actual work is already approved under the Act or if the details of the work have been incorporated into the requirement or if the Council waives the requirement. An outline plan must show the physical features of the work, its location and relationship to the site and any other matters to avoid, remedy or mitigate any adverse effects on the environment. The outline plan procedure enables Council to better ascertain the effects of future development and ensure they are controlled. 24-2

24 Palmerston North City Council District Plan May Rules: Treatment of Designated Roads R Treatment of Designated Roads All roads identified on the Planning Maps constitute a designation for roading purposes. Any roads, whether constructed or not, shall be given an underlying zoning of the adjoining property. The centreline of the road shall act as the zone boundary, should two different zones adjoin each other. NOTE TO PLAN USERS The centreline of the road is the mid-point between the edges of the formed or designated roadway (i.e. those roads shown on the Planning Maps that are uncoloured). The centreline can be visible (e.g. a white line painted along the middle of the road) or notional (e.g. the middle of a median strip). For the purposes of R , the median strip (notional centreline) of the existing formed road around the perimeter of The Square delineates the zone boundary between the Recreation Zone and Inner Business. Explanation At the time of stopping a road under the Local Government Act 1974 and/or a designation for roading purposes is removed under Section 182 of the Resource Management Act 1991, the zoning of the land affected by those actions will revert to the underlying zoning and be subject to the requisite provisions for that zone. Activities that do not meet the purpose for which the designation is made (i.e. roading purposes) will be assessed under the rules for the relevant zone in which the road is located in accordance with Section 176 of the Resource Management Act Appendix Appendix 24A which follows, contains a Schedule of the Designations within the City including details of the designating authority and the location of the designated site. 24-3

25 Palmerston North City Council District Plan May 2013 Appendix 24A Table 1: Schedule of Designations Site Reference Number Legal Description and Location 1. Lot 2 DP (10-12 Guildford Street, Ashhurst) 2. Lot 3 DP Palmerston North Designated Purpose Ashhurst Community Policing Area Highbury Community Policing Centre Designating Authority Police Police Underlying Zoning Planning Map Index Residential 1 Residential 16 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (94 Highbury Avenue) 3. Defined on the Planning Maps Railway Purposes New Zealand Railways Corporation 4. Camp Road, Linton (See Attachment 1 for full legal description) 5. Section 1 SO (CT46C/871), City of Palmerston North. Linton Military Camp - Defence Purposes Justice Purposes Defence Justice As shown on planning maps 3, 4, 6, 7, 9, 10, 11, 12, 15, 16, 28, 33, 34, 39 Rural 21, 22, 28, 29 Inner Business 16 Note: There are secondary designations relating to the Horizons stopbanks and all points where the railway crosses a road. (486 Main Street) 6. Part Maori Block 2 Kairanga, Section 1 SO Correction Purposes Corrections Rural 21, 28 (546 Camp Road) 24-4

26 Palmerston North City Council District Plan December 2001 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 7. Part Lots 6, 7 and 8 on DP 276 ( Main Street Palmerston North). 8. Lot 1 DP 78675, (CT 45B/167, Milson Airport) 9. Lot 1 DP (23 Flygers Line) Designated Purpose Telecommunication and Radiocommunication Purposes Air Navigation Aids (Very High Frequency Omni -Directional Radio Range and Distance Measuring Station) Line function services Electricity Substation Designating Authority The Radio Network - Limited Airways Corporation of New Zealand Limited Powerco Limited Underlying Zoning Outer Business Planning Map Index 16 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Rural 6 See Attachment 4 for explanatory diagrams and conditions; also includes Air Designation with associated controls. Rural Lot 1 DP (91 Old West Road) (Milson) Line function services Electricity Substation Powerco Limited Rural 23, 30 (Turitea) 24-5

27 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 11. Lot 1 DP (54-66 Pascal Street) Designated Purpose Line function services Electricity Substation Designating Authority Powerco Limited Underlying Zoning Planning Map Index Residential 16 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 12. Lot 1 DP (542 Main Street) (Pascal St) Line function services Electricity Substation Powerco Limited Outer Business Lot 1 DP (157 Keith Street) (Main St) Line function services Electricity Substation Powerco Limited Industrial Sections 1 and 2 on SO Plan and Section 1 on SO Plan (Keith St) Electricity Substation (Linton Substation) Transpower NZ Limited Rural 30 (146 Harts Road) 15. State Highways 3, 56 and 57 (See Attachments 2 and 2A) State Highway purposes including on-going highway maintenance activities, resealing, pavement rehabilitation, shape correction and minor safety improvements New Zealand Transport Agency Road 10, 11, 12, 16 See Attachments 2 and 2A for further details To undertake maintenance, operation and use of, and improvements to the State Highway network. 24-6

28 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 16. Section 296 TN of Ashhurst (CT WN35C/1000, 185 Cambridge Avenue Ashhurst) Designated Purpose Telecommunication and Radiocommunication and Ancillary Purposes Designating Authority Chorus New Zealand Ltd Underlying Zoning Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Residential 4 Subject to Conditions under S168A RMA (see Attachment 5) 24-7

29 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 17. Section 1 SO (CT WN 36A/666, 5 Turitea Road) 17A. Section 1 SO (CT WN 36A/666, 5 Turitea Road) 18. Sections 656 and 657 Town of Palmerston North (CT WN 36C/227, Main Street and Church Street) 19. Lot 1 DP (CT WN 35C/390, 105 Roberts Line) 20. Lot 1 DP (CT WN 37A/983, 174 Fairs Road) 21. Lot 2 DP (CT WN 43C/36, 3 Henley Court) 22. Lot 2 DP (131 Airport Drive) Designated Purpose Telecommunication and Radiocommunication and Ancillary Purposes Telecommunication and Radiocommunication and Ancillary Purposes Telecommunication and Radiocommunication and Ancillary Purposes Telecommunication and Radiocommunication and Ancillary Purposes Telecommunication and Radiocommunication and Ancillary Purposes Telecommunication and Radiocommunication and Ancillary Purposes Meteorological Purposes including existing Automatic Weather Station. Designating Authority Chorus New Zealand Ltd. Telecom New Zealand Ltd. Telecom New Zealand Ltd. Chorus New Zealand Ltd. Chorus New Zealand Ltd. Chorus New Zealand Ltd. Meteorological Service of New Zealand Underlying Zoning Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Residential 23 Subject to Conditions under S168A RMA (see Attachment 5) Residential 23 Subject to Conditions (see Attachment 5) Inner Business 16 Subject to Conditions under S168A RMA (see Attachment 5) Residential 11 Subject to Conditions under S168A RMA (see Attachment 5) Industrial 10 Subject to Conditions under S168A RMA (see Attachment 5) Residential 16 Subject to Conditions under S168A RMA (see Attachment 5) Airport

30 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 23. Pt Lot 2 DP 4733, Pt Section 67 Manchester District (Raukawa Road) 24. Lot 1 DP (31 Bennett Street) 25. Lot 1 DP ( Fairs Road) 26. Lot 1 DP 26198, Pt Lot 2 DP 26198, Pt Lot 4 DP 26198, Lot 6 DP Designated Purpose Water & Waste Services Stormwater Ponding Areas Stormwater Ponding Areas Water & Waste Services Designating Authority Palmerston North City Council Palmerston North City Council Palmerston North City Council Palmerston North City Council Underlying Zoning Planning Map Index Rural 8 Flood Protection Flood Protection Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Industrial 21, 22 See also Site Reference Number 28 & 85 (65-69 Totara Road) 27. Lot 1 DP (24 Petersens Road) 28. Lot 3 DP 26198, Lot 5 DP 26198, Lot 1 DP (75 Totara Road) 29. Part Lot 2 DP (65 Roberts Line) Water & Waste Services Refuse Collection/Disposal Area & Material Recovery Facilities Water Supply Services Palmerston North City Council Palmerston North City Council Palmerston North City Council Rural 23 Industrial 21, 22 See also Site Reference Number 26 Industrial

31 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 30. Lot 17 and 18 DP 2938 ( A Botanical Road) 31. Lot 3 DP (476 Featherston Street) 32. Lot 1 DP and Lot 1 DP (1482 Colyton Road) 33. Pt Section 67 Subdivision P, Manchester District (68-70 Hacketts Road) 34. Lot 1 DP (58 Oram Drive) Designated Purpose Water Supply Services Water Supply Services Water Supply Services Water Supply Services Water Supply Services Designating Authority Palmerston North City Council Palmerston North City Council Palmerston North City Council Palmerston North City Council Palmerston North City Council Underlying Zoning Planning Map Index Recreation, 16 Flood Protection Recreation 11 Rural 1 Rural 8 Rural 30 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 24-10

32 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 35. Lot 1 DP 18928, Pt Section 309 TN OF Fitzherbert, Lot 1 DP 4586, Section 18 Blk XIX Mangahao SD, Lot 2 DP 4586, Section 273 TN OF Fitzherbert, Section 2 SO 37039, Lot 4 DP 4586, Pt Section 308 TN OF Fitzherbert, Pt Section 306 TN OF Fitzherbert, Pt Section 276 TN OF Fitzherbert, Pt Section 272 TN OF Fitzherbert, Section 17 Blk XIX Mangahao SD, Lot 3 DP 4586, Lot 1 DP 10191, Pt Section 309 TN OF Fitzherbert Pt Section 307 TN OF Fitzherbert Designated Purpose Water Supply Services Designating Authority Palmerston North City Council Underlying Zoning Planning Map Index Rural 31, 32, 36, 37, 38, 40, 41, 43 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (159 Water Works Road) 24-11

33 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 36. Lot 2 DP 81567, Pt Lot 5 DP 274, Lot 2 DP 85092, Lot 2 DP 86465, Lot 1 DP 85655, Lot 1 DP 86464, Lot 1 DP 90901, Pt Lot 4 DP 2899, Lot 2 DP 88160, Pt Lot 2 DP 5970, Pt Lot 6 DP 274, Pt Lot 2 DP 274, Lot 2 DP 80990, Lot 1 DP 85092, Pt Lot 1 DP 70194, Pt Lot 1 DP 5970, Pt Section 968 TN OF PN, Lot 1 DP 88160, Lot 2 DP 84574, Pt Lot 1 DP 5970, Pt Lot 2 DP 5970, Pt Lot 3 DP 5970, Pt Lot 3 DP 274, Lot 5 DP 86465, Pt Lot 1 DP 2899, Lot 4 DP 86465, Pt Section 968 TN OF PN, Pt Lot 6 DP 274, Pt Lot 5 DP 274, Pt Lot 4 DP 274, Lot 2 DP 85655, Lot 1 DP 84574, Lot 2 DP 90901, Lot 1 DP 86465, Lot 1 DP , Section 1 SO , Pt Lot 2 DP 76946, Pt Lot 2 DP , Section 2 SO , Pt Lot 10 DP 1111, Section 2 SO , Section 3 SO , Section 1 SO Designated Purpose Widening of Ferguson Street Designating Authority Palmerston North City Council Underlying Zoning Residential, Outer Business and Local Business Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 16 (see Attachment 3) (South side between South Street and Morris Street) 24-12

34 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 37 Lot 16 DP (118 Stanford North Street, Ashhurst) 38. Sections TN OF Ashhurst, Sections TN OF Ashhurst, Sections TN OF Ashhurst, Sections TN OF Ashhurst, Pt Section 64 TN OF Ashhurst, Pt Section 1 SO 35481, Pt Section 51 TN OF Ashhurst, Lot 2 DP Designated Purpose Purposes Purposes Designating Authority Underlying Zoning Planning Map Index Residential 4 Residential 4 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (96 Cambridge Avenue, Ashhurst School) 39. Pt Section 233 TN OF Fitzherbert, Lot 2 DP 89373, Pt Section 233 TN OF Fitzherbert, Section 1 SO Purposes Rural 17, 18 (169 Fitzherbert East Road, Aokautere School) 40. Lots 1 & 2 DP (55-57 Herbert Avenue, Cloverlea Primary School) Purposes Residential

35 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 41. Pt Lots 3, 4, 6 DP 7438 (45 Somerset Crescent, Highbury Primary School) 42. Pt Lot 105 DP (24 Brighton Crescent, Takaro Primary School) 43. Pt Lot 66 DP 19499, Lot 234 DP Designated Purpose Purposes Purposes Purposes Designating Authority Underlying Zoning Planning Map Index Residential 16 Residential 16 Residential 16, 22 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (18 Rochester Street, Awapuni School) 44. Lot 16 DP 22415, Pt Lots 18 & 19 DP 2826, Pt Lots 8 & 9 DP 533 Purposes Residential 22 (95 Slacks Road, Riverdale Primary School) 45. Pt Sec 1019 & 1020 TN of Palmerston North Purposes Residential 16, 22 (196 College Street, West End Primary School) 24-14

36 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 46. Lots 3-8 DEEDS 364, Pt Lot 1 DP 3819, Lot 2 DP 3819, Pt Subdivisions 5 SECT 277 TN OF Palmerston North, Subdivisions 6-8 SECT 277 TN OF Palmerston North, Lots DEEDS 497 Designated Purpose Purposes Designating Authority Underlying Zoning Planning Map Index Residential 10, 16 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (201 Featherston Street, Central Normal School) 47. Pt Sec 1082 & Pt Sec 1084 Town of Palmerston North Purposes Residential 16, 17 (402 College Street, College Street Primary School) 48. Pt Lot 1 DP 8494, Lot 2 DP 8494, Lot 2 DP 25282, Pt Lot 11 Deeds 176 Purposes Residential 10 (25 Russell Street, Russell Street School) 49. Pt Lots 221 & 222 DP 791, Lot 6 DP Purposes Residential 17 (227 Albert Street, Hokowhitu Primary School) 24-15

37 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 50. Pt Lots 170 & 171 DP 791, Pt Section 169 Blk XI Kairanga SD Designated Purpose Purposes Designating Authority Underlying Zoning Planning Map Index Residential 17 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (552 Ruahine Street, Winchester Primary School) 51. Lots A-G DP 180, Lot 1 DP 4626, Pt Subdivision 4 SECT 167 TN of PN, Sec 1633 & 1634 TN of PN, Pt Section 181 TN of PN Purposes Residential 11 (201 Ruahine Street, Terrace End Primary School) 52. Lot 1 DP (38 Kipling Street, Roslyn Primary School) 53. Lot 11 DP 55047, Pt Lot 1 DP 4946 Purposes Purposes Residential 11 Residential 10 (7 Rutland Place, Milson Primary School) 54. Lot 25 DP (41 Parkland Crescent, Parkland Primary School) Purposes Residential 17 See also Site Reference Number

38 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 55. Pt Lot 8 and Lots 9-15 DP 14466, Pt Lots 4-15 DP 534, Lot 2 DP Designated Purpose Purposes Designating Authority Underlying Zoning Planning Map Index Residential 11 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (25 Freyberg Street, Ross Intermediate School) 56. Sec 973 & Pt Sec 974 TN of PN, Pt Lot 1 DP 1293, Pt Lot 1 DP 2450, Lots 6-8 DP 13691, Lot 5 & Pt Lots 6 & 10 DP 1111 Purposes Residential 16 (56 Linton Street & 300 Ferguson Street, Palmerston North Intermediate Normal School) 57. Pt Section 239 & 1718 & Section 1775 Town of PN, Pt Lots Deeds 189, Lot 1 DP Purposes Residential 10, 16 (263 Featherston Street, Palmerston North Boys High School) 24-17

39 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 58. Pt Sec 248 & 249 TN of PN, Pt Lot 3 DP 9782, Pt Lot 1 DP 13872, Lot 31 DP 15266, Lot 1 DP , Lot 1 DP Designated Purpose Purposes Designating Authority Underlying Zoning Planning Map Index Residential 11 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (33 Freyberg Street, Freyberg High School) 59. Lots 5-7 & Pt Lots 8, 10, 11 DP 545, Lots 1 & 2 DP 11820, Lot 4 DP 12393, Lot 1 DP Purposes Residential, Recreation 16 Condition attached refer to file (226 Fitzherbert Avenue, Palmerston North Girls High School) 60. Lot 14 Deeds Plan 189, Pt Secs 228, 229, 230, 235, 236 Town of Palmerston North, Pt Lot 4 & Lots 5-8 DP Purposes Residential 10 (374 Rangitikei Street, Queen Elizabeth College) 61. Lot 1 DP 31020, Lot 16 DP 45502, Lot 2 DP Purposes Residential 16, 22 (434 Botanical Road, Awatapu College) 62. Lot 88 DP (59 Herbert Avenue, Cloverlea Kindergarten) Purposes Residential

40 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 63. Lot 67 DP (7 Radnor Place, Takaro Kindergarten) 64. Lot 2 DP (20 Alexander Street, Awapuni Kindergarten) 65. Lot 25 DP 24003, Pt Subdivision 1 Sect 386 TN of PN Designated Purpose Purposes Purposes Purposes Designating Authority Underlying Zoning Planning Map Index Residential 16 Residential 16, 22 Residential 11, 17 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (41 Parkland Crescent, Parkland Kindergarten) 66. Lot 55 & Pt Lot 54 DP (120 Savage Crescent, Awatapu IHC Special School) 67. Lot 3 DP (228 Botanical Road, Monrad Intermediate School) 68. Lot 13 DP 54885, Lot 23 DP , Lot 1 DP (88 Rhodes Drive, Te Kura Kaupapa Maori-o-Manawatu) 69. Pt Sec 178, Sec 424 & 425 Town of Fitzherbert Purposes Purposes Purposes Purposes Residential 16 Residential 16 Residential 6, 11 Conditions attached refer to file (Part 1) Rural 29 (208 Old West Road, Tiritea Primary School) 24-19

41 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 70. Lot 1 DP 66449, Lot 1 DP 66444, Pt Subdivision 48 & Subdivision 49 & 50 of 415 TN of PN Designated Purpose Cemetery (Kelvin Grove) Designating Authority Palmerston North City Council Underlying Zoning Planning Map Index Recreation 6, 7, 12 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) ( James Line) 71. Lot 3 DP 82220, Pt Subdivision 12 Sect 414 TN of PN, Section 1791 TN of PN Proposed Cemetery Extension (Kelvin Grove) Palmerston North City Council Rural 7, 11, 12 (56A James Line) 72. Section 1685 TN of PN (Napier Road) 73. Pt Section 1537 TN of PN (61 Napier Road) 74. Lot 3 DP 82353, Lot 2 DP 82353, Lot 66 DP 81704, Lot 4 DP , Lot 31 DP , Lot 2 DP Lot 1 DP (Napier Road) Cemetery (Ashhurst) Cemetery (Terrace End) Proposed Reserves - Aokautere Recreation Purposes Palmerston North City Council Palmerston North City Council Palmerston North City Council Palmerston North City Council Recreation 4, 9 Recreation 11 Residential and Rural Conservation and Amenity

42 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 76. Pt Sections 910, 912 & Sections 905, 907, 909, 910, 911, 913 TN of PN, Lot 1 DP 3201, Lot 1 DP 5817 (549 Ferguson Street) Designated Purpose Local Authority works depot including: stockpiling and loading of aggregates and asphalt truck, motor vehicle and plant storage and maintenance fuel storage and dispensing workshops for mechanical, carpentry, electronic, concrete and other trades plant nursery, propagating storage and sales waste materials recycling offices and staff facilities associated with depot activities parking warehouse storage of materials yard storage of materials Retailing ancillary to the above activities Designating Authority Palmerston North City Council Underlying Zoning Planning Map Index Residential 17 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 24-21

43 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 77. Lots 20 & 21 DP (113 Hillcrest Drive) 78. Lot 11 DP (Schnell Drive) Designated Purpose Proposed Reserve - Hillcrest Drive Proposed Roads Kelvin Grove (between Roberts Line and James Line) Designating Authority Palmerston North City Council Palmerston North City Council Underlying Zoning Planning Map Index Residential 11 Residential 6, 11 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 79. Lot 2 DP 61134, Lot 1 DP 29085, Lot 3 DP 29085, Lot 1 DP 52960, Lot 2 DP 29085, Lot 4 DP Lot 97 DP , Pt Section 217 TN of Fitzherbert (Johnstone & Aokautere Drives) 81. Pt Lots 6, 21 and 26 DP 2676, Pt Lot 15 DP 4945 Withdrawn 82. Lots 66 to 73 TN of Linton (77 Akers Road, 9 Beaconsfield Street, Linton Primary School) Proposed Road Extension Snell Drive Widening of Pitt Street Proposed Road Extension - Johnstone Drive (Johnstone Drive to Aokautere Drive and cul de sac) Proposed Road Realignment Fitzherbert East Road Purposes Palmerston North City Council Palmerston North City Council Palmerston North City Council Inner Business 16 Residential 23 Rural 13 Rural

44 Palmerston North City Council District Plan May Pt Subdivision 14 Sect 414 TN of PN, Section 1 SO Purposes Rural 7, 12 Conditions attached refer to file (Part 1) (17 Stoney Creek Road, Whakarongo Primary School) 24-23

45 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 84. Lot 85, DP88421 (137 Ruapehu Drive) 85. Existing stopbanks within the urban area of Palmerston North as defined on the planning maps. Existing stopbanks & structures within the Palmerston North City Council area excluding the Manawatu River Secondary Stopbank located between Ruahine Street at Fitzroy Bend and Ruamahanga Crescent Designated Purpose Purposes Flood protection purposes including the on-going maintenance of the stopbanks. Including: - Mowing stopbanks - Re-vegetating (grassing) stopbanks - Removal/maintenance of vegetation - Minor earthworks to repair damage including (but not limited to) damage from seismic activity, vehicles, people, pests and/or stock - Minor earthworks to repair flood damage - Walkway/cycleway maintenance - Maintenance of vehicle access ramps - Inspections, surveying and testing (including vehicle access for this purpose) Designating Authority Horizons.mw (Manawatu- Wanganui Regional Council) Manawatu Wanganui Regional Council (Horizons) Underlying Zoning Planning Map Index Residential 23 As shown on the Planning Maps. 3, 5, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 21, 22, 23, 27, 28, 33 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Note: there is a secondary designation to the Rail Corridor designation of New Zealand Rail Corporation and the Airport Designation where Designation 85 conflicts with these. See site reference number 3 and number 88. Note: There is a condition relating to archaeological sites on this designation. Council File Reference

46 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number 85. (continued) Legal Description and Location 86. Section 201 TN of PN (165 Grey Street) 87. Lot 2 DP & Pt Sec 860 & 862 TN of PN ( Church Street) Designated Purpose - Maintenance of floodgates/culverts beneath stopbank structures, floodwalls and spillways - Upgrades and reconstruction in accordance with the Lower Manawatu Scheme reviews. Purposes Police Purposes Designating Authority Police Underlying Zoning Institutional Zone Inner Business Zone Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 10 Condition attached refer to file (Part 1) 16 Condition attached and Memorandum of Agreement signed refer to file

47 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 88. Lots 1, 3 & 4 DP 87337, Lot 2 DP 45291, Lot 1 DP 27948, Lot 2 DP 77499, Lots 2 & 5 DP 81343, Lot 1 DP 88332, Lot 2 DP (300 Milson Line) Designated Purpose For the use of land for Airport Purposes, including: (i) Provision for extended runway end safety areas which involve the closure and/or re-routing of a portion of Milson Line between Flygers Line and the northern corner of number 298 Milson Line and the closure of part of Richardsons Line; and Designating Authority Palmerston North Airport Limited (PNAL). Underlying Zoning Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) Rural 5 Conditions attached refer to file Part

48 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number 88. (continued) Legal Description and Location Designated Purpose (ii) An extension to the existing runway involving an extension from 1,902 metres up to 2,500 metres plus runway end safety area (RESA) provision; and (iii) The following associated Airport activities (including activities that are allowed by the applicable zoning of the District Plan): (a) The use of the runway for airport operations (e.g. flight arrivals and departures, runway maintenance) but specifically excluding engine testing; and (b) Airport navigational control and safety equipment at the Palmerston North International Airport in the Palmerston North City District Plan. Designating Authority Underlying Zoning Planning Map Index Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) 24-27

49 Palmerston North City Council District Plan May 2013 Table 1: Schedule of Designations Site Reference Number Legal Description and Location 89.* Lot 1 & 2 DP 15526, Lot 1 DP 54424, Lot 1 DP 57486, Lot 5A-D DP 1433, Pt Lot 5 DP 212, Designated Purpose Widening of Featherston Street Designating Authority Palmerston North City Council Underlying Zoning Outer Business, Fringe Business Planning Map Index 10, 16 Duration (if longer than 5 years and not given effect to) Further Details (e.g. source documents, duration period longer than 5 years) (between Taonui Street & Ngata Street) 90. Lot 319 DP (22 Connolly Place) 91. Lot 4 DP (160 Keith Street) Police Purposes Water Supply Services Police Palmerston North City Council Industrial 10 Industrial 11 *Note: Designation 89 remains proposed, the hearing of submissions on this designation has been adjourned to allow further discussions between the Council and submitters

50 Palmerston North City Council District Plan May 2013 ATTACHMENT 1 1. Linton Military Camp Linton Military Camp located at Camp Road comprising approximately hectares and described as follows: Part Rural Section 172, Township of Fitzherbert, Part Kairanga No 2, Part Section A Kairanga Native Reserve, Part Rural Section 167, Township of Fitzherbert, Part Rural Section 168, Township of Fitzherbert, Part old bed Kahuterawa Stream, Part Section B, Kairanga Native Reserve, situated in Block XIV, Kairanga Survey District. Part Rural Section 2, and Part Rural Section 3, situated in Block XIV, Kairanga Survey District. Parts Kairanga D, E and F, situated in Block XIV, Kairanga Survey District. Parts Rural Sections 9 and 10, Township of Fitzherbert, situated in Block XIV, Kairanga Survey District. Part subdivisions C, D, E and F of the Kairanga Block Balance of certificate of title, Volume 280 folio 200, Wellington Land Registry. Part Section 172, Town of Fitzherbert Balance certificate of title, Volume 224 folio 43, Wellington Land Registry. Section 437, Town of Fitzherbert, situated in Block XIV, Kairanga Survey District

51 Palmerston North City Council District Plan May 2013 ATTACHMENT 2: State Highway Designations 2.1. State Highway 3 Rangitikei Line Rangitikei Street Grey Street Princess Street Main Street Napier Road 2.2. State Highway 56 Pioneer Highway 2.3. State Highway 57 Tennant Drive Old West Road Turitea Road Aokautere Drive Fitzherbert East Road 2.4. Designation Alterations State Highway 3 and 56 from City Boundary to the intersection with Tremaine Avenue from the intersection with Tremaine Avenue to the intersection with Grey Street and Walding Street from the intersection with Rangitikei Street and Walding Street to the intersection with Princess Street from the intersection with Grey Street to the intersection with Main Street from the intersection with Princess Street to the intersection with Upper Main Street and Napier Road from the intersection with Main Street and Upper Main Street to the City Boundary in the Manawatu Gorge from the intersection with Maxwells Line to the City Boundary (intersection of Shirriffs Road, Pioneer Highway and Rongotea Road from City Boundary to intersection with Kahuterawa Road from intersection with Kahuterawa Road to intersection with Turitea Road from intersection with Old West Road to intersection with Aokautere Drive from intersection with Turitea Road to Fitzherbert East Road and Pahiatua Track from Pahiatua Track to intersection with State Highway 3 near Ashhurst for details on alterations to these de0signations since the Plan became operative in December 2000, please refer to Attachment 2A 24-30

52 Alteration of Designation #15 19 State Highway 3 at the Intersection of Rangitikei St and Grey St 24-31

53 Attachment 3: Ferguson Street Road Widening Removed

54 Attachment 4: Air Designation Profile 24-33

55 Attachment 4: Extent of Air Designation 24-34