HGI Plan Review: section 32 report for the island residential 2 (bush residential)

Transcription

1 HGI Plan Review: sectin 32 reprt fr the island residential 2 (bush residential) 1.0 Executive summary This reprt summarises the evaluatin undertaken by the cuncil f the island residential 2 (bush residential) land unit in terms f sectin 32 f the Resurce Management Act. The main cnclusins are that: the bjectives are the mst apprpriate way t achieve the purpse f the Act as set ut in sectin 5, 6, 7 and 8 verall, the envirnmental, scial and ecnmic benefits f having the prpsed bjectives, plicies and rules within the plan utweighs any csts which may result. Therefre these methds are the mst effective and efficient methd f addressing the issues within the land unit and cnsequently are the mst apprpriate methd f achieving the bjectives. the prpsed bjectives, plicies and rules will allw cuncil t carry ut its functins under sectin 31, 72 and 74(1) f the act the methds are cnsistent with the Hauraki Gulf Marine Park Act, statutry natinal and reginal planning dcuments and nn statutry dcuments. Therefre, it is apprpriate t incrprate these bjectives, plicies and rules within the reviewed district plan. 2.0 Intrductin 2.1 Purpse f this reprt This reprt is t meet the sectin 32 requirements f the Resurce Management Act. 2.2 Prpsed plan prvisins The prpsed plan prvisins relate t resurce management issues, bjectives and plicies, rules relating t the status f activities, and develpment cntrl rules within the island residential 2 (bush residential) land unit. 2.3 Land unit lcatin and character This land unit is lcated in western Waiheke and generally adjins the island residential 1 land unit. The characteristics f the land unit are: mderate t relatively steep slpes. lw intensity residential develpment (cmpared with the Auckland isthmus) cntaining stand alne dwellings. heavily bush cvered with generally indigenus vegetatin. high eclgical values. dwellings which are a secndary cmpnent f the landscape. Mst dwellings blend int the dminant natural character f the indigenus vegetatin.

2 2.4 Operative plan prvisins This land unit is titled land unit 12 bush residential within the Operative Hauraki Gulf Islands District Plan 1996 (HGI plan). Within this land unit where it is prpsed t erect, alter r add t any building(s) it is a cntrlled activity. Issues have been raised by cuncil prcessing planners abut the suitability f the cntrlled activity status within the land unit. This is because cuncil has t grant such applicatins, althugh they can place cnditins n these cnsents. There have been instances where develpments have had t be granted by cuncil within the land unit (as required under this status) when if they were restricted discretinary they may actually have been refused. 2.5 Cnsultatin This sectin f the reprt briefly utlines the cnsultatin that the cuncil has undertaken t date and identifies any issues raised f particular relevance t the island residential 2 (bush residential) land unit Cnsultatin t date The cuncil undertk cnsultatin in 2005 in preparatin fr drafting the prpsed Plan. Initial cnsultatin The main cnsultatin perid was frm April t July Cnsultatin during that perid cnsisted f: public meetings, wrkshps, nga hui, and ne n ne meetings a phtgraphic exercise n Waiheke inviting written feedback n a cnsultatin dcument which cntained issues and ptins papers n a wide range f tpics. Fcus grups At the clse f cnsultatin, the cuncil analysed the feedback frms received. Frm these, key issues were identified that subsequently became tpics fr fcus grups n Waiheke. The fur tpics fr the fcus grups were: landscape transprt sustainability future planning (including subdivisin, grwth, and prviding fr business activity). An additinal wrkshp was als held n Great Barrier t give a further pprtunity t discuss issues raised thrugh the feedback frms. Telephne survey The cuncil cmmissined an independent research cmpany t undertake a phne survey in late The survey was f a randmly selected sample f 1002 n-island residents and ff-island ratepayers f Waiheke, Great Barrier and Rakin. Page 2

3 The questinnaire used fr the survey was designed t get respnses n the key issues that had emerged frm the cnsultatin prcess and stakehlder feedback. The survey prvided a means f canvassing the views f a wide range f peple wh may nt have been previusly invlved in the cnsultatin prcess. Cnsultatin with ther stakehlders During the preparatin f a prpsed plan, the cuncil has als cnsulted with the fllwing parties: the Auckland Reginal Cuncil ( ARC ) the Department f Cnservatin ( DOC ) tangata whenua netwrk utility authrities the Ministry fr the Envirnment (MfE) Public ntificatin Ntificatin f the Plan prvides an pprtunity fr further public participatin thrugh the frmal submissin and appeal prcess Issues raised during cnsultatin The issues raised within this land unit principally cncerned subdivisin, grwth and impervius services. N submitter prpsed that the land unit shuld be substantially changed. The minimum lt size within this land unit (2000m 2 ) des nt alter as part f this review. The subdivisin sectin (sectin 12) f the plan prvides additinal detail n prpsed subdivisin prvisins within this land unit. A separate Sectin 32 analysis has been undertaken fr subdivisin. Extensin f existing land unit bundaries Cuncil has received a specific submissin as part f this cnsultatin which seeks an extensin t the existing land unit bundaries at Orapiu. An assessment has been undertaken t cnsider this matter, which is attached as appendix A. This assessment has cncluded that an island residential 2 (bush residential) land unit shuld be applied t the entire 4170m 2 site at 18 Nepean Place, Otakawhe, Orapiu. 3.0 Resurce management issues and bjectives 3.1 Issues The significant resurce management issues relevant t this land unit are: 1. Hw t ensure that buildings cmplement the predminant elements f the natural landscape f indigenus vegetatin and steep tpgraphy. 2. Hw t cnserve indigenus vegetatin t maintain eclgical values and the visual amenity f the land unit. 3. Hw t ensure that nn-residential activities d nt adversely impact n the amenity f residential areas. Page 3

4 3.2 Objectives The bjectives relevant t this land unit are: T cntrl residential develpment and limit nn residential activities t a scale, lcatin, intensity and appearance which is cmplementary t the bush clad character f the natural envirnment. T ensure that develpment f sites retains indigenus vegetatin cver. 4.0 Statutry requirements under Part II, sectins 31, 32, 72 and 76 f the Resurce Management Act Sectin 31 sets ut the cuncil s functins fr the purpse f giving effect t the Act. The cuncil s functins include: (a) The establishment, implementatin, and review f bjectives, plicies and methds t achieve integrated management f the effects f the use, develpment, r prtectin f land and assciated natural and physical resurces f the district: (b) The cntrl f any actual r ptential effects f the use, develpment r prtectin f land. Sectin 72 states as fllws: The purpse f the preparatin, implementatin, and administratin f district plans is t assist territrial authrities t carry ut their functins in rder t achieve the purpse f this Act. Sectin 74(1) f the RMA states as fllws: A territrial authrity shall prepare and change its district plan in accrdance with its functins under sectin 31, the prvisins f Part 2, a directin given under sectin 25A(2), its duty under sectin 32, and any regulatins. The fllwing prvisins f sectin 76 are als relevant: (1) A territrial authrity may, fr the purpse f (a) Carrying ut its functins under this Act; and (b) Achieving the bjectives and plicies f the plan, - include rules in a district plan. (3) In making a rule, the territrial authrity shall have regard t the actual r ptential effect n the envirnment f activities, including, in particular, any adverse effect. In achieving the purpse f the Act, the cuncil must carry ut an evaluatin under sectin 32 f the RMA befre publicly ntifying a district plan r a plan change. Sectin 32(3), (3A) and (4) state as fllws: (3) An evaluatin must examine (a) the extent t which each bjective is the mst apprpriate way t achieve the purpse f the Act; and (b) whether, having regard t their efficiency and effectiveness, the plicies, rules, r ther methds are the mst apprpriate fr achieving the bjectives (3A) This subsectin applies t a rule that impses a greater prhibitin r restrictin n an activity t which a natinal envirnmental standard applies than any prhibitin r restrictin in the standard. The evaluatin f such a rule must examine whether the prhibitin r restrictin it impses is justified in the circumstances f the regin r district. Page 4

5 (4) Fr the purpses f the examinatin referred t in subsectins (3) and (3A), an evaluatin must take int accunt (a) (b) the benefits and csts f plicies, rules, r ther methds; and the risk f acting r nt acting if there is uncertain r insufficient infrmatin abut the subject matter f the plicies, rules, r ther methds. The statutry requirements, including sectin 32 matters, are assessed belw under the fllwing headings: The extent t which each bjective is the mst apprpriate way t achieve the purpse f the Act Whether the plicies, rules, r ther methds are the mst apprpriate fr achieving the bjectives - having regard t their efficiency and effectiveness - taking int accunt the benefits and csts f plicies, rules, r ther methds - taking int accunt the risk f acting r nt acting if there is uncertain r insufficient infrmatin abut the subject matter f the plicies, rules, r ther methds. 4.1 The extent t which each bjective is the mst apprpriate way t achieve the purpse f the Act The purpse f the Act Sectin 5 states that the purpse f the Act is t prmte the sustainable management f natural and physical resurces. Sectin 5(2) states: (2) In this Act, sustainable management'' means managing the use, develpment, and prtectin f natural and physical resurces in a way, r at a rate, which enables peple and cmmunities t prvide fr their scial, ecnmic, and cultural wellbeing and fr their health and safety while- (a) Sustaining the ptential f natural and physical resurces (excluding minerals) t meet the reasnably freseeable needs f future generatins; and (b) Safeguarding the life-supprting capacity f air, water, sil, and ecsystems; and (c) Aviding, remedying, r mitigating any adverse effects f activities n the envirnment. Envirnment is defined in Sectin 2 f the RMA as including: (a) (b) (c) (d) Ecsystems and their cnstituent parts, including peple and cmmunities; and All natural and physical resurces; and Amenity values; and The scial, ecnmic, aesthetic, and cultural cnditins which affect the matters stated in paragraphs (a) t (c) f this definitin r which are affected by thse matters: Sectin 6 f the RMA identifies matters f natinal imprtance, which need t be recgnised and prvided fr in achieving the purpse f the Act. The matters f particular relevance t the island residential 2 (bush residential) land unit, are identified belw: Clause (a) The preservatin f the natural character f the castal envirnment (including the castal marine area), wetlands, and lakes and rivers and their margins, and the prtectin f them frm inapprpriate subdivisin, use, and develpment (b) The prtectin f utstanding natural features and landscapes frm inapprpriate subdivisin, use, and develpment (c) The prtectin f areas f significant indigenus vegetatin and significant habitats f indigenus fauna (d) The maintenance and enhancement f public access t and alng the castal marine Page 5

6 area, lakes, and rivers (e) The relatinship f Mari and their culture and traditins with their ancestral lands, water, sites, waahi tapu, and ther tanga (f) The prtectin f histric heritage frm inapprpriate subdivisin, use, and develpment (g) The prtectin f recgnised custmary activities Sectin 7 deals with ther matters which, in achieving the purpse f this Act, persns exercising functins and pwers under the Act shall have particular regard t. The matters f particular relevance t the island residential 2 (bush residential) land unit, are identified belw: Clause (a) Kaitiakitanga (aa) The ethic f stewardship (b) The efficient use and develpment f natural and physical resurces (ba) The efficiency f the end use f energy (c) The maintenance and enhancement f amenity values (d) Intrinsic value f ecsystems (f) Maintenance and enhancement f the quality f the envirnment (g) Any finite characteristics f natural and physical resurces (h) The prtectin f the habitat f trut and salmn (i) The effects f climate change (j) The benefits t be derived frm the use and develpment f renewable energy Sectin 8 prvides that in achieving the purpse f the Act, all persns exercising functins and pwers under it, in relatin t managing the use, develpment and prtectin f natural and physical resurces, shall take int accunt the principles f the Treaty f Waitangi (Te Tiriti O Waitangi) Apprpriateness in achieving the purpse f the Act Objective 10a T cntrl residential develpment and limit nn residential activities t a scale, lcatin, intensity and appearance which is cmplementary t the bush clad character f the natural envirnment. This bjective is the mst apprpriate way t achieve the purpse f the Act as set ut in sectin 5, 6, 7 and 8. Specifically in regards t sectin 5 it enables peple and cmmunities t prvide fr their scial and cultural wellbeing by prviding a land unit where the predminant activity is a residential use and the bush clad character and amenity f the land unit is maintained and enhanced. It meets clause (a) and (c) f Sectin 6 Matters f natinal imprtance f the Act, as identified belw: The preservatin f the natural character f the castal envirnment (including the castal marine area), wetlands, and lakes and rivers and their margins, and the prtectin f them frm inapprpriate subdivisin, use, and develpment. The prtectin f areas f significant indigenus vegetatin and significant habitats f indigenus fauna. Page 6

7 It als meets clause (b) the efficient use and develpment f natural and physical resurces clause (c) the maintenance and enhancement f amenity values and clause (f) maintenance and enhancement f the quality f the envirnment f Sectin 7 Other Matters f the Act. This is because: the bjective recgnises that there is significant areas f indigenus vegetatin within the land unit which play an imprtant part in cntributing t the character and amenity value f Waiheke. requiring develpment t be cmplementary with this bush clad character is imprtant t ensure that the high amenity value f the land unit is retained. this bjective will effectively balance the demand fr develpment f the land unit while prtecting its character and amenity value. The principles f the Treaty f Waitangi (Te Tiriti O Waitangi) have been taken int accunt in the frmulatin f this bjective and the bjective is cnsistent with these principles Objective 10a T ensure that develpment f sites retains indigenus vegetatin cver. This bjective is the mst apprpriate way t achieve the purpse f the Act as set ut in sectin 5, 6, 7 and 8. Specifically in regards t sectin 5 it enables peple and cmmunities t prvide fr their scial and cultural wellbeing by prviding a land unit where the predminate activity is a residential use while safeguarding the life supprting capacity f the land unit. It meets clause (a) and (c) f Sectin 6 Matters f natinal imprtance f the Act, as identified belw: The preservatin f the natural character f the castal envirnment (including the castal marine area), wetlands, and lakes and rivers and their margins, and the prtectin f them frm inapprpriate subdivisin, use, and develpment. The prtectin f areas f significant indigenus vegetatin and significant habitats f indigenus fauna. It als meets clause (b) the efficient use and develpment f natural and physical resurces clause (c) the maintenance and enhancement f amenity values and clause (f) maintenance and enhancement f the quality f the envirnment f Sectin 7 Other Matters f the Act. This is because it: recgnises the extra sensitivity f this land unit t develpment because f it s high prprtin f indigenus vegetatin and relatively steep tpgraphy. seeks t direct that develpment within the land unit minimises remval f indigenus vegetatin cver in rder t retain the character and amenity value f the land unit. recgnises that the character f the land unit can cntribute psitively t the character f the castal envirnment. Page 7

8 The principles f the Treaty f Waitangi (Te Tiriti O Waitangi) have been taken int accunt in the frmulatin f this bjective and the bjective is cnsistent with these principles. 4.2 Whether the plicies, rules, r ther methds are the mst apprpriate fr achieving the bjectives The plicies fr the land unit are: By cntrlling the intensity f develpment and the bulk, scale and lcatin f buildings t ensure that they are cmpatible with the natural envirnment. By assessing the design and appearance f buildings t ensure that they are integrated with the natural envirnment. By restricting the type and intensity f nn residential activities t thse which are cmpatible in visual amenity terms and in ther generated effects (eg traffic, nise, hurs f peratin) with surrunding residential uses and the natural envirnment. By requiring the maximum amunt f indigenus vegetatin t be retained. By ensuring that any develpment is lcated n prtins f the site that are f lwer eclgical value. These plicies and the resulting rules are the mst apprpriate way f achieving the bjectives because they: recgnise and prtect the dminant bush clad residential character f the land unit by cntrlling, thrugh a restricted discretinary resurce cnsent assessment, the scale, frm (design), clur, materials and lcatin f buildings within the land unit t thse which are cmpatible and integrated with this character. recgnises that certain nn-residential activities are apprpriate within this land unit where their scale, intensity and lcatin are cmpatible with and supprt the bush clad residential character f the area. allw fr a variety f apprpriate nn-residential activities while cntrlling the effects f these activities by requiring them t underg a resurce cnsent prcess. apply the same develpment cntrls t nn-residential activities as residential activities. ensure the retentin f indigenus vegetatin cver by cntrlling the scale and lcatin f buildings thrugh a restricted discretinary resurce cnsent assessment t parts f sites with a lwer eclgical value. The fllwing ptins are the main alternatives which the cuncil has cnsidered as a means f achieving the bjectives. These ptins are listed belw: Optin 1 - The use f nn RMA methds, including bylaws, vluntary agreement, cvenants r educatin / advcacy as a means f achieving the bjectives Optin 2 - Retaining the perative plans plicies and rules as a means f achieving the bjectives Optin 3 - N limitatin n type f activities r size f develpments within the land unit, as a means f achieving the bjectives. This wuld allw any activity t perate at any scale and wuld mean that develpment cntrls wuld nt apply within the land unit. Optin 4 - Use f plicies and rules which are mre restrictive (i.e. requiring discretinary activity resurce cnsent) fr all activities and develpments within the land unit as a means f achieving the bjectives. Optin 5 - Use f prpsed bjectives, plicies and rules as a methd f achieving the bjectives. Page 8

9 4.2.1 Optin 1 Optin 1 is: The use f nn RMA methds, including bylaws, vluntary agreement, cvenants r educatin / advcacy as a means f achieving the bjectives General cmment Sectin 73(1) f the RMA states: There shall at all times be ne district plan fr each district prepared by the territrial authrity in the manner set ut in Schedule 1. This des nt mean that nn district plan methds cannt be used as a means f achieving the bjectives. If they are a mre efficient and effective methd f achieving the purpse f the Act than a district plan methd then they can and shuld be used. Cmment n bylaws Sectin 145 titled General bylaw-making pwer fr territrial authrities f the Lcal Gvernment Act 2002 sets ut the cuncil authrity t make bylaws. This sectin states: A territrial authrity may make bylaws fr its district fr 1 r mre f the fllwing purpses: (a) prtecting the public frm nuisance: (b) prtecting, prmting, and maintaining public health and safety: (c) minimising the ptential fr ffensive behaviur in public places Therefre cuncil des nt have the statutry authrity t make bylaws that wuld achieve the utcmes f the land unit. This methd is discunted as an effective and efficient methd f achieving the bjectives f the land unit. General cmment n cvenants, vluntary agreements, educatin and advcacy Cvenants and vluntary agreements are dependant n individuals agreeing that a feature shuld be prtected r a develpment cntrlled in rder t ensure that the bjectives f the land unit are achieved. Educatin and advcacy are dependant n peple receiving, understanding and agreeing with the message and acting t ensure that the bjectives f the land unit are achieved. These methds are therefre likely t be highly variable in when and if they are used and the level f cntrl r prtectin prvided. Therefre their effectiveness in achieving the bjectives f the land unit are limited. The assessment f the envirnmental, scial and ecnmic csts f these methds, belw assumes that this wuld be the utcme f ptin 1. Page 9

10 Benefits Envirnmental Ptential fr a small prprtin f envirnmental features i.e. indigenus vegetatin t be prtected thrugh these methds. Scial and Ecnmic Increase in variety f activities that can be undertaken within the land unit. Benefit t persn undertaking develpment nly. Reductin in direct cmpliance csts fr peple wanting t undertake develpment as resurce cnsent wuld nt be required. Benefit t persn undertaking develpment nly. Maximising f develpment ptential and therefre ptential fr maximising prfits n develpment. Benefit t persn undertaking develpment nly. Csts Envirnmental Likely that the majrity f envirnmental features wuld nt be prtected by these methds which wuld lead t an verall reductin in envirnmental quality. Decrease in indigenus vegetatin n sites as peple maximise develpment ptential. Resultant difficulty t dispse f wastewater and strmwater n sites negative impact n water quality Resultant reductin in flra and fauna within the land unit Reductin in the bush clad character and amenity f the land unit. Cst brne by the cmmunity generally. Scial and Ecnmic Increase in legal fees fr drafting up cvenants and vluntary agreements. Increase in public uncertainty abut what activity culd be undertaken within the land unit. Cst brne by the cmmunity generally. Increase in adverse visual, amenity, nise and traffic effects between different activities within the land unit. Cst brne by the cmmunity generally. Overall, ptin 1 has nly limited envirnmental benefits and ptential significant envirnmental csts. It has nly scial and ecnmic benefits t individuals undertaking develpments while having scial and ecnmic csts t the cmmunity at large. The envirnmental, scial and ecnmic csts f undertaking this ptin therefre utweigh any benefits t individuals which may result. Therefre ptin 1 is nt the mst effective r efficient methd f addressing the issues within the land unit and cnsequently is nt the mst apprpriate methd f achieving the bjectives. The risk f acting r nt acting Cuncil has sufficient infrmatin n ptin 1 t make a decisin n its effects. The risk f acting n ptin 1 is that the csts identified abve will eventuate. The risk f nt acting is that either n methd r anther methd will be utilised which will have greater envirnmental csts and / r greater scial and ecnmic csts n the cmmunity f the gulf. Page 10

11 4.2.2 Optin 2 Optin 2 is: Retaining the perative plans plicies and rules as a means f achieving the bjectives The general directin and intent f the land unit has nt altered as part f the district plan review, althugh there has been a refinement and refcusing f bjectives, plicies and rules t ensure that they better reflect the character f the land unit. Benefits Envirnmental Prtectin f the bush clad character and amenity f the land unit by requiring buildings t underg a cntrlled activity resurce cnsent prcess. Scial and Ecnmic Develpment cntrls which are readily understd by the cmmunity and ensure the maintenance f the residential character. Benefit t cmmunity generally. Csts Envirnmental Ptential fr sme develpments t be granted which may have adverse effects n this bush clad character. This is because cntrlled activity resurce cnsents have t be granted by cuncil, althugh cnditins can be placed n these applicatins. Such applicatins wuld be refused if the activity status allwed it. Scial and Ecnmic Mnetary and time csts t peple undertaking building wrk as resurce cnsent required. Expectatin by the cmmunity that the character f the land unit can be adequately cntrlled thrugh the perative prvisins. This is nt necessarily the case because cntrlled activity cnsents have t be granted by cuncil. Cst t the cmmunity generally. Plicies and rules which d nt clearly relate t r achieve the bjectives f the land unit in all instances. Clarity f the plan adversely affected. Csts t all parties using and administering the plan. Overall, ptin 2 has nly limited envirnmental, scial and ecnmic benefits and greater ptential envirnmental, scial and ecnmic csts. The envirnmental, scial and ecnmic csts f undertaking this ptin therefre utweigh any benefits t individuals which may result. Therefre ptin 2 is nt the mst effective r efficient methd f addressing the issues within the land unit and cnsequently is nt the mst apprpriate methd f achieving the bjectives. The risk f acting r nt acting Cuncil has sufficient infrmatin n ptin 2 t make a decisin n its effects. The risk f acting n ptin 2 is that the csts identified abve will eventuate. The risk f nt acting is that either n methd r anther methd will be utilised which will have greater envirnmental csts and / r greater scial and ecnmic csts n the cmmunity f the gulf. Page 11

12 4.2.3 Optin 3 Optin 3 is: N limitatin n type f activities r size f develpments within the land unit, as a means f achieving the bjectives. This wuld allw any activity t perate at any scale and wuld mean that develpment cntrls wuld nt apply within the land unit. Benefits Envirnmental Nne Scial and Ecnmic Increase in variety f activities that can be undertaken within the land unit. Benefit t persn undertaking develpment nly. Reductin in direct cmpliance csts fr peple wanting t undertake develpment as resurce cnsent wuld nt be required. Benefit t persn undertaking develpment nly. Maximising f develpment ptential and therefre ptential fr maximising prfits n develpment. Benefit t persn undertaking develpment nly. Csts Envirnmental Decrease in indigenus bush cver n sites as peple maximise develpment ptential. Resultant difficulty t dispse f wastewater and strmwater n sites negative impact n water quality Resultant reductin in indigenus flra and fauna within the land unit Reductin in the bush clad character and amenity f the land unit Scial and Ecnmic Increase in public uncertainty abut what activity culd be undertaken within the land unit. Cst brne by the cmmunity generally. Increase in adverse visual, amenity, nise and traffic effects between different activities within the land unit. Cst brne by the cmmunity generally. Lss f the land units residential character as ther activities develp. Cst brne by the cmmunity generally. Overall, ptin 3 has nly scial and ecnmic benefits t individuals undertaking develpments and csts t the cmmunity and envirnment at large. Therefre the envirnmental, scial and ecnmic csts f undertaking this ptin utweigh any benefits t individuals which may result. Therefre ptin 3 is nt the mst effective r efficient methd f addressing the issues within the land unit and cnsequently is nt the mst apprpriate methd f achieving the bjectives. The risk f acting r nt acting Cuncil has sufficient infrmatin n ptin 3 t make a decisin n its effects. The risk f acting n ptin 3 is that the csts identified abve will eventuate. The risk f nt acting is that either n methd r anther methd will be utilised which will have greater envirnmental csts and / r greater scial and ecnmic csts n the cmmunity f the gulf. Page 12

13 4.2.4 Optin 4 Optin 4 is: Use f plicies and rules which are mre restrictive (i.e. requiring discretinary activity resurce cnsent) fr all activities and develpments within the land unit as a means f achieving the bjectives. Benefits Envirnmental Rigid cntrl n buildings and activities within the land unit which wuld ensure that effects n the bush clad envirnment f the land unit culd be strictly prtected and cntrlled. Scial and Ecnmic Cntrl n building design, appearance and lcatin within all areas f the land unit. Csts Envirnmental Nne Scial and Ecnmic Increase in direct cmpliance csts in time and mney fr peple wanting t undertake develpment as resurce cnsent wuld be required fr all develpment. Cst t all peple undertaking any develpment. Increased number f assessments by cuncil n whether resurce cnsents shuld be ntified r nt. A large prprtin f these resurce cnsents wuld have a scale f effects which d nt warrant ntificatin. Fr example, building a dwelling in cmpliance with all develpment cntrls. This wuld raise expectatins unnecessarily that these applicatins wuld be ntified. Cst t the public generally. Lack f ability t perate a residential activity within an existing dwelling r any ther permitted activity i.e. hme ccupatin etc as f right. Cst t all peple undertaking any develpment. General cmment n Benefits and Csts In general this ptin wuld impse rigid cntrl n buildings and activities within the entire land unit while having a limited envirnmental, scial r ecnmic benefit. This will impse unnecessary csts in mney and time t a large prprtin f residents within the land unit. There are ther means which are mre efficient and effective in achieving an envirnmental, scial r ecnmic benefit while impsing less f a scial r ecnmic cst. The scial and ecnmic csts t residents f this land unit, f undertaking this ptin, therefre utweighs any benefits which may result. Page 13

14 Therefre ptin 4 is nt the mst effective r efficient methd f addressing the issues within the land unit and cnsequently is nt the mst apprpriate methd f achieving the bjectives. The risk f acting r nt acting Cuncil has sufficient infrmatin n ptin 4 t make a decisin n its effects. The risk f acting n ptin 4 is that the csts identified abve will eventuate. The risk f nt acting is that either n methd r anther methd will be utilised which will have greater envirnmental csts and / r greater scial and ecnmic csts n the cmmunity f the gulf Optin 5 Use f prpsed bjectives, plicies and rules as a methd f achieving the bjectives. Benefits Envirnmental Requiring new buildings and alteratins and additins t existing buildings within the land unit t be cntrlled by a restricted discretinary resurce cnsent recgnises the sensitive and unique bush clad character f the land unit and the necessity t have additinal cntrl within these lcatins in rder t prtect this character. This will have benefits t the envirnment f the land unit generally. Scial and Ecnmic Requiring new buildings and alteratins and additins t existing buildings within the land unit t be cntrlled by a restricted discretinary resurce cnsent will ensure that a prpsed building will be integrated with the bush clad character f the land unit. Cuncil has restricted its discretin t matters related t the scale, frm (design), clur and materials and lcatin f buildings. The pprtunity fr applicatins t be refused will give additinal impetus fr applicants undertaking develpments t ensure a psitive design utcme is achieved. This will have a scial benefit fr the cmmunity generally. Minr alteratins and additins t a building are exempt frm assessment as a restricted discretinary activity. These are defined in the Plan as: the cnstructin f uncvered decks cmplying with the permitted standards fr the land unit (e.g. clur/reflectivity, building cverage etc.) changing r putting in windws r Csts Envirnmental Nne Scial and Ecnmic Requiring new buildings and alteratins and additins t existing buildings within the land unit t be cntrlled by a restricted discretinary resurce cnsent will place a mnetary cst n peple t cmply. Cst t all peple undertaking develpment within the land unit. Prviding fr certain nn residential activities thrugh restricted discretinary activity e.g. diary r discretinary activity (fr example heath care services, ffices etc) resurce cnsents within the land unit will place a mnetary and time cst n peple t cmply. Cst t all peple undertaking such develpment. Page 14

15 Benefits drs in an existing building. changing materials r cladding with ther materials r cladding that cmply with the permitted standards fr the land unit. This will allw certain alteratins and additins t be under taken as f right while nt affecting the character and amenity f the land unit. This is a mnetary and time benefit t peple undertaking such wrk as they will nt be required t g thrugh a resurce cnsent assessment. Allwing dwellings (ne per site), accmmdatin fr care, hme ccupatins and hme stays as permitted activities within the land unit recgnises that these activities are apprpriate t the existing character and amenity f the land unit. It allws these activities t be undertaken as f right which is a benefit t the cmmunity generally. Prviding fr certain nn residential activities thrugh restricted discretinary r discretinary resurce cnsent within the land unit recgnises that these activities can be apprpriate within the land unit, althugh the effects f these activities needs t be assessed t ensure that they d nt adversely impact n the dminant bush clad character f the land unit. Increase in public certainty abut what activity culd be undertaken within the land unit because the activity table lists what are the permitted, restricted discretinary and discretinary activities. Benefit brne by the cmmunity generally. The land unit des nt prvide fr visitr accmmdatin r turist cmplexes. This is because the scale f effects f such activities i.e. traffic, nise etc wuld be such that they wuld cmprmise the character and amenity f the land unit. Having such activities within the land unit wuld als cmprmise the integrity f the visitr facility land unit. Ntwithstanding this, the land unit prvides fr hmestay s as permitted activities and barding huse r hstels as discretinary activities as their scale f effects are such that they culd be apprpriate within the land unit. Benefit brne by the cmmunity generally. Impse a nise cntrl in table 10c.1 f the plan which is: 50dBA Mnday t Saturday 7am t 10pm and Sunday 9am t 6pm. Csts Page 15

16 Benefits 40dBA at all ther times including public hlidays (night time) This is 5dBA mre than the level applied in the perative plan. This was necessary because: these nise levels reflect the existing residential character f the land unit the previus levels were nerus and a nrmal residential use and permitted activities such as hme ccupatins culd find it difficult t cmply. the prpsed levels will prvide a level f cntrl which will prtect the acustic amenity f the land unit. Benefit brne by the cmmunity generally. Prpsed develpment cntrls, with the exceptin f the nise rule, are the same as thse within the perative plan. They are apprpriate fr such a residential envirnment and are well understd by the cmmunity. Benefit brne by the cmmunity generally. Csts General cmment n Benefits and Csts This ptin will require all new buildings and additins and alteratins t existing buildings (with the exceptin f minr wrks) within the land unit t be assessed by cuncil by way f a restricted discretinary resurce cnsent t ensure that they are integrated with the bush clad character f the land unit. Cuncil has the ability t refuse applicatins where they detrimentally affect the character f the land unit. This ptin will have strng envirnmental, scial and ecnmic benefits while having limited csts t peple prpsing develpment. Therefre ptin 5 is the mst effective and efficient methd f addressing the issues within the land unit and cnsequently is the mst apprpriate methd f achieving the bjectives. The risk f acting r nt acting Cuncil has sufficient infrmatin n ptin 5 t make a decisin n its effects. The risk f acting n ptin 5 is that the csts identified abve will eventuate. The risk f nt acting is that either n methd r anther methd will be utilised which will have greater envirnmental csts and / r greater scial and ecnmic csts n the cmmunity f the gulf Cnclusin The abve analysis f Optins 1-4 has cncluded that the csts f undertaking these ptins utweighs any benefits. Therefre they are nt the mst effective r efficient methd f addressing the issues within the land unit and cnsequently are nt the mst apprpriate methd f achieving the bjectives. Overall, the envirnmental, scial and ecnmic benefits f undertaking ptin 5 utweighs any csts which may result. Page 16

17 Therefre ptin 5 is the mst effective and efficient methd f addressing the issues within the land unit and cnsequently is the mst apprpriate methd f achieving the bjectives. 4.3 Whether the prpsed rules assist the cuncil t carry ut its functin f cntrl f actual r ptential effects f the use, develpment r prtectin f land The prpsed bjectives, plicies and rules will allw cuncil t carry ut its functins under sectin 31, 72 and 74(1) f the act, because they: achieve integrated management f the use and develpment f the land unit prtect the predminant bush clad residential character f the land unit adequately cntrl the actual and ptential effects f the use and develpment f land within the land unit after assessing ther ptins, and the benefits and csts assciated with them, the prpsed bjectives, plicies and rules are the mst apprpriate way t achieve the purpse f the Act. 5.0 Natinal planning dcuments 5.1 Natinal and NZ castal plicy statements Sectin 75(3) f the RMA states: (3) A district plan must give effect t (a) any natinal plicy statement; and (b) and any New Zealand castal plicy statement; and The bjectives, plicies and rules f the land unit give effect t plicies 1.1.2, 3.2.2, and , f the New Zealand Castal plicy Statement (1994), attached as appendix B by: requiring develpment t be f a scale, intensity and lcatin which is cnsistent with the bush clad character f the land unit. recgnising that this character can cntribute psitively t the character f the castal envirnment. 5.2 Hauraki Gulf Marine Park Act 2000 Sectin 9(3) f the Hauraki Gulf Marine Park Act 2000, requires the cuncil t ensure that: any part f a district plan that applies t the Hauraki Gulf, its islands, and catchments, des nt cnflict with sectins 7 and 8 f this Act. Sectin 7 recgnises the natinal significance f the Hauraki Gulf and Sectin 8 prvides management directin fr the Gulf. Sectin 10 f the Act requires that sectins 7 and 8 be treated as a New Zealand castal plicy statement under the RMA. Sectins 7 and 8 are attached as appendix C. The bjectives, plicies and rules f the land unit give effect t sectins 7 and 8 f the HGMPA fr the reasns identified in sectin 5.1 abve and because they: prtect and enhance the life-supprting capacity f the land unit; prtect and enhance the natural and physical resurces f the land unit; Page 17

18 prvide fr the scial and ecnmic wellbeing f the cmmunity by allwing fr certain nn residential activities where apprpriate; and encurage develpment in less eclgically valued areas. 6.0 Reginal planning dcuments 6.1 Reginal plicy statement Sectin 75(3) f the RMA states: (3) A district plan must give effect t (c) any reginal plicy statement. The bjectives, plicies and rules f the land unit give effect t bjectives 7.3.(1), (2) and (3) and plicies and methds 7.4.4, 7.4.5, and , f the castal envirnment sectin f the Auckland Reginal Plicy Statement fr the reasns identified in sectin 5.1 abve and because: the natural character f the castal envirnment will be prtected and enhanced by requiring buildings t be cntrlled s that they are integrated with the bush clad character f the land unit. These relevent sectins are attached as appendix D. 6.2 Reginal plan Sectin 75 (4) f the RMA states: (4) A district plan must nt be incnsistent with (c) a reginal plan fr any matter specified in sectin 30(1). The bjectives, plicies and rules f the land unit give effect t bjectives and plicies and and f the Auckland Reginal Plan: Castal fr the reasns identified in sectin 5.1 and sectin 6 and because: areas f significant indigenus vegetatin will be prtected by the requirement that all building develpment within the land unit underg a resurce cnsent assessment. Thse prpsed develpments which have ptentially significant adverse effects n the indigenus vegetative cver f the land unit, may be refused cnsent. These relevant sectins are attached as appendix E. These methds are als nt incnsistent with any ther prvisins f the Auckland Reginal Plan: Castal. 7.0 Other dcuments 7.1 Essentially Waiheke Essentially Waiheke A Village and Rural Cmmunities Strategy is a nn statutry strategic dcument which sets ut a cmmunity apprved framewrk fr Waiheke s develpment. It was adpted by cuncil in 2000 after extensive cnsultatin with the Waiheke cmmunity. Page 18

19 The five central principles f Essentially Waiheke are: principles f envirnmental prtectin principles f ecnmic develpment and emplyment principles f strng cmmunities principles t prtect and enhance Waiheke s character principles f lcatin The bjectives, plicies and rules f the land unit are cnsistent with these five central principles and the underlying aims, strategies and actins within the dcument fr the reasns identified in sectin 5.1 and sectin 6.1 abve. They will als ensure the retentin and enhancement f the bush clad residential character f the land unit which will prtect and enhance Waiheke s character and achieve prtectin f the envirnment f the land unit. 8.0 Prcedures fr mnitring The cuncil will mnitr the effectiveness f the prpsed prvisins as a means f achieving the bjectives and plicies by: mnitring resurce cnsents including the number f applicatins granted cnsent, cmpliance with cnsent cnditins, and the effectiveness f thse cnditins mnitring cmplaints and enfrcement actins undertaking surveys e.g. Waiheke residential landuse survey, mnitring trends thrugh analysing statistics (e.g. census, accident statistics, building cnsents) 9.0 Cnclusins Cuncil has carefully cnsidered all cnsultatin received related t this land unit and has incrprated alteratins t the plan where it was cnsidered necessary. Assessment f the bjectives, plicies and rules within the land unit against the statutry requirements f Sectin 32 f the Act has established that: The bjectives are the mst apprpriate way t achieve the purpse f the Act as set ut in sectin 5, 6, 7 and 8 Overall, the envirnmental, scial and ecnmic benefits f having the prpsed bjectives, plicies and rules within the plan utweighs any csts which may result. Therefre these methds are the mst effective and efficient methd f addressing the issues within the land unit and cnsequently are the mst apprpriate methd f achieving the bjectives. The prpsed bjectives, plicies and rules will allw cuncil t carry ut its functins under sectin 31, 72 and 74(1) f the act. The methds are cnsistent with the statutry natinal and reginal planning dcuments, ther acts and nn statutry dcuments including: New Zealand Castal plicy Statement Hauraki Gulf Marine Park Act 2000 Auckland Reginal Plicy Statement Auckland Reginal Plan: Castal Essentially Waiheke A Village and Rural Cmmunities Strategy Page 19

20 Appendix A Extensin f Existing Land Unit Bundaries Page 20

21 Extensin t the island residential 2 (bush residential) bundaries 1.0 Intrductin Feedback received t the pre-ntificatin cnsultatin n the plan requested that the existing site at 18 Nepean Place, Otakawhe Bay, Orapiu, Waiheke Island be altered frm its existing perative split classificatin f land unit 10 (frest and bush areas) and land unit 12 (bush residential) t a prpsed island residential 2 (bush residential) land unit. This site is 4170m 2 in area and currently apprximately 1/3 f the site is land unit 12 while the remainder is land unit 10. Attached, as sectin 5 f this assessment is an aerial and phtgraphs f the site. 2.0 Backgrund Subdivisin cnsent was granted by Cuncil in 2003 fr a bundary adjustment t increase the size f Lt 1, DP frm 1012m 2 t 4170m 2. This was subject t a cnsent ntice n the title which restricts building cverage n the site t 230m 2 and indigenus vegetatin clearance t 300m 2. The riginal 1012m 2 site retained its existing land unit 12 classificatin and the remainder f the site retained its land unit 10 classificatin under the perative plan. 3.0 Character f site The current land unit 12 prtin f the site is lcated n a part f the prperty which is largely grass cvered and cleared f indigenus vegetatin, has a gentle upwards slpe and cntains tw existing residential scale buildings which cmprise ne dwelling. The remainder f the site has a steeper slpe and is largely cvered by regenerating indigenus vegetatin. 4.0 Assessment This prpsal t remve the current split land unit frm the site and instead apply the island residential 2 (bush residential) land unit is supprted fr the fllwing reasns: Applying an island residential 2 (bush residential) land unit t the site will allw tw dwellings t be established n the site (minimum lt size per dwelling 2000m 2 ). This is an apprpriate land use activity fr this site. Any prpsal t establish anther dwelling n the site will be assessed as part f a resurce cnsent. This assessment will ensure that the bush clad character f the land unit will nt be cmprmised. Subdivisin f the site int tw lts wuld be required befre an additinal dwelling is established therwise a nn cmplying resurce cnsent wuld be required fr multiple dwellings. This is because multiple dwellings are nt prvided fr within the land unit. This site has the same character and amenity as the existing sites lcated t the suth and acrss Nepean Place frm the subject site which currently perate in a residential capacity and are prpsed t be a bush residential land unit. Page 21

22 5.0 Aerial and Phtgraphs f Site Aerial f site and surrunding area Page 22

23 Site when viewed frm 20 Nepean Place Site when viewed frm Nepean Place frntage Page 23

24 Appendix B New Zealand Castal Plicy Statement (1994) Page 24

25 Appendix C Hauraki Gulf Marine Park Act 2000 Sectin 7 states as fllws: Recgnitin f natinal significance f Hauraki Gulf (1) The interrelatinship between the Hauraki Gulf, its islands, and catchments and the ability f that interrelatinship t sustain the life-supprting capacity f the envirnment f the Hauraki Gulf and its islands are matters f natinal significance. (2) The life-supprting capacity f the envirnment f the Gulf and its islands includes the capacity (a) t prvide fr (i) the histric, traditinal, cultural, and spiritual relatinship f the tangata whenua f the Gulf with the Gulf and its islands; and (ii) the scial, ecnmic, recreatinal, and cultural well-being f peple and cmmunities: (b) t use the resurces f the Gulf by the peple and cmmunities f the Gulf and New Zealand fr ecnmic activities and recreatin: (c) t maintain the sil, air, water, and ecsystems f the Gulf Sectin 8 states as fllws: Management f Hauraki Gulf T recgnise the natinal significance f the Hauraki Gulf, its islands, and catchments, the bjectives f the management f the Hauraki Gulf, its islands, and catchments are (a) the prtectin and, where apprpriate, the enhancement f the life-supprting capacity f the envirnment f the Hauraki Gulf, its islands, and catchments: (b) the prtectin and, where apprpriate, the enhancement f the natural, histric, and physical resurces f the Hauraki Gulf, its islands, and catchments: (c) the prtectin and, where apprpriate, the enhancement f thse natural, histric, and physical resurces (including kaimana) f the Hauraki Gulf, its islands, and catchments with which tangata whenua have an histric, traditinal, cultural, and spiritual relatinship: (d) the prtectin f the cultural and histric assciatins f peple and cmmunities in and arund the Hauraki Gulf with its natural, histric, and physical resurces: (e) the maintenance and, where apprpriate, the enhancement f the cntributin f the natural, histric, and physical resurces f the Hauraki Gulf, its islands, and catchments t the scial and ecnmic well-being f the peple and cmmunities f the Hauraki Gulf and New Zealand: (f) the maintenance and, where apprpriate, the enhancement f the natural, histric, and physical resurces f the Hauraki Gulf, its islands, and catchments, which cntribute t the recreatin and enjyment f the Hauraki Gulf fr the peple and cmmunities f the Hauraki Gulf and New Zealand. Page 25

26 Appendix D Reginal Plicy Statement Page 26

27 Appendix E Reginal Plan Page 27