PROPOSED PLAN CHANGE 15 RURAL PROVISIONS APPENDIX A COUNCIL S DECISIONS ON SUBMISSIONS

Transcription

1 PROPOSED PLAN CHANGE 15 RURAL PROVISIONS APPENDIX A COUNCIL S DECISIONS ON SUBMISSIONS June 2014

2 Appendix A Abbreviations BOIPL Bay of Island Planning FNDC Far North District Council FNDCEMT Far North District Council, Environmental Management RC Team FFNZ Federated Farmers FCGL Fonterra Cooperative Group HNZ Horticulture KWPAI Kerikeri/Waipapa Planning Association Inc NDHB Northland District Health Board NPSET National Policy Statement on Electricity Transmission NRC Northland Regional Council NZAAA/NZHA Agricultural Aviation Association / New Zealand Helicopter Association NZDF Defence Force NZTA Transport Agency PPC15 Proposed Plan Change 15 RCNZ Rural Contractors (Inc) RNZ Radio RPS Regional Policy Statement T&G Turners & Growers TNZL Transpower TP TrustPower limited TPL Top Energy VKK Rod Brown, Vision Kerikeri 2

3 APPENDIX A - PROPOSED PLAN CHANGE 15 (PPC15) RURAL PROVISIONS SUBMISSIONS GENERALLY IN SUPPORT OF PPC15 The submissions below expressed support for PPC15 and generally sought implementation of the proposed plan change. Submissions and : Submitter 6/1 Kororareka Marae 8/1 Vivienne Cramond 9/1 Rural Contractors New Zealand Inc 10/1 Fonterra Cooperative Group 12/14 Micah Donaldson 13/1 Federated Farmers of New Zealand 15/1 Jill and Howard Smith 26/6 Turners & Growers 3 Specific Provision Proposed Plan Change 15 - General Proposed Plan Change 15 General Proposed Plan Change 15 General Proposed Plan Change Rural Production Zone Rules Proposed Plan Change 15 General Proposed Plan Change 15 General General / Not Specifically Stated in in Not specifically stated Extension of Plan Change 15 to include further consideration of rural and horticultural land, in particular Stage II of the Tokerau Downs Subdivision between Inland Road and Virtue Crescent. Where specific relief is provided, Rural Contractors NZ would accept words to like effect or as otherwise may be required to ensure sustainable management and to ensure that their concerns are addressed Not specifically stated. in in in in part Not specifically stated. To accept the proposed plan change as a whole while giving effect to the submission on particular setback requirements (refer to section 4.3.4, Submission 13/2) That a higher standard must be imposed on industrial type activities in the Rural Production Zone through the use of Non-Complying and Prohibited activity status. Furthermore, District Plan rules and Council charges that apply to Industrial Zoned land should also apply to industrial type activities on rural production land. Submitters preferred relief is for the adoption of activity based controls (such as the incorporation of an activity table) for the Rural Production Zone, leading to increased certainty and clarity as to future land use outcomes in the Rural Production Zone. FS 0044/25 - Marian Dissanayake ly support Submission be allowed. Council to also consider rezoning of the lands adjoining Kerikeri Road and Waipapa Road FS 0047/26 - Bay Of Islands Planning Reject the preferred relief of introducing activity tables in the Far North District Plan FS 0053/32 - Rod Brown Vision Kerikeri Submission be allowed Please also refer to Consolidated Version of Plan Change Text Incorporating. No recommendation in part in part in part in part in part Not in part

4 Submitter Specific Provision 35/1 Chris Penny & (6.4 Council s Strategic Direction) / in part Develop a 10 year plan which provides incentives to small business activities and provides for infrastructure such as an A& E and hospital in Kerikeri. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part Discussions and Reasons for : We were told that: amongst those submitters supporting PPC15 were three of the major national rural sector stakeholder representative groups; Fonterra, Federated Farmers and Rural Contractors Inc. Fonterra and Federated Farmers both participated in development of the proposed plan change through consultation on a working draft. Their feedback through that process had informed development of PPC15. Fonterra s submission applauded the approach being taken by the Council with respect to ensuring the continued sustainability of farming in the district. We note that Federated Farmers supported PPC15 as a whole. Turners and Growers also supported PPC15 but requested the adoption of activity-based controls such as an activity table for the Rural Production Zone. In addition to the submissions in general support we were also told that: a number of amendments to the rural provisions would improve the means available to manage the effects of activities in the rural environment; and that later phases of the Council s rolling review of the District Plan will address the detailed changes to the plan provisions. It s anticipated that these later phases of the Council s rolling review of the District Plan will result in consequential amendments to the Rural Zone provisions addressing issues such as the appropriateness of zoning in and near urban areas. : We recommend allowing those submissions that support the plan change in full and allowing in part those submissions that support the plan change subject to further amendments. Our on the further amendments are addressed in detail in the subsequent sections of this Appendix A and in full in Appendix B. Our recommendation is that the submissions in general support of PPC15 are allowed. We do not recommend allowing the Turners and Growers submission requesting a change to activity based rules as this would require a fundamental change to the overall effects based framework of the plan. A full version of the Plan Change, with amended wording as a result of our decisions on submissions, is provided in Appendix B. 4

5 SUBMISSIONS GENERALLY IN OPPOSITION OF PPC15 These submissions expressed opposition to PPC15. Submissions and : Submitter 5 Specific Provision 2/1 Robert Sintes Zoning of Rural Production Land / oppose That land zoned Rural Production be reviewed prior to plan change proposals being implemented. FS 0047/1 - Bay Of Islands Planning suggestion for review of zoning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. FS 0054/1 - Radio Any rezoning of Rural Production land should be done as part of a new plan change. 3/5 Andrew Abercrombie Proposed Plan Change 15 General That Council become proactive, rather than reactive, with regard to plan making in response to local issues to provide certainty and promote the Far North as an area of opportunity. FS 0047/4 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 5/1 Margaret Cooper Proposed Plan Change 15 - General That the degradation of amenity values along Kerikeri and Waipapa Roads be stopped. FS 0053/3 - Rod Brown Vision Kerikeri The submission be taken into account in formulating, objectives, policies and rules. 19/1 David Smith Proposed Plan Change 15 - General To withdraw Proposed Plan Change 15 and undertake a review of the rule framework of other Zones within the District Plan. FS 0047/13 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 23/1 Marian Dissanayake Rural Provisions Consider a more comprehensive plan change with appropriate zone changes in areas adjacent to identified town centres and approach roads. FS 0047/18 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 23/2 Marian Dissanayake Rural Provisions FS 0047/19 - Bay Of Islands Planning Reconsider whether it is necessary to introduce more stringent rules on all Rural properties to resolve the issues of specific small areas. Please also refer to Consolidated Version of Plan Change Text Incorporating. in in in part in part

6 Submitter Specific Provision / Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 24/1 Murray James & Julie Margaret Wright 8. Rural Environment Address this issue of land use by zoning and/or being more specific about what commercial activities can occur in each zone, (without the forever tightening of rules, which in the long run, only inhibit viable businesses and discourage new businesses to come into the area. FS 0047/25 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 30/1 Kerikeri/Waipapa Planning Association Incorporated Not specified To revisit the proposed legislation and simplify the rules so that there is no negative impact on rural businesses. We acknowledge that the intent to control the types of businesses which are not compatible with rural activities, however, this can be done in a simpler more direct approach, instead of tampering and tightening of existing legislation. FS 0047/39 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 38/1 Bay of Islands Planning Whole Plan Change FS 0051/4 Micah John Donaldson 38/2 Bay of Islands Planning Whole Plan Change FS 0051/5 Micah John Donaldson 41/1 David & Maia Plan Change Manning 15 General FS 0053/58 - Rod Brown Vision Kerikeri Submissions be allowed 41/2 David & Maia Plan Change Manning 15 Genera FS 0053/59 - Rod Brown Vision Kerikeri Submissions be allowed Conduct a proper review of the relevant aspects of the DP which takes an objective and comprehensive approach and which systematically identifies and quantifies problems and evaluates a wide range of solutions, including potential zone changes. Conduct a proper review of the relevant aspects of the DP to ensure its provisions maintain the integrity of the District Plan as an effects based document. That landscape provisions be included. That rules to manage industrial style developments be included. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part in part in part in part Discussion and Reasons: 6

7 These submissions primarily relate to the Council s proposed three phase plan change process and the rolling review of the District Plan. They requested a comprehensive review of the plan provisions rather than the rolling review already initiated by Council. PPC15 is identified in the section 32 Report as representing the first of three phases of a review of the planning framework for the rural environment: The second phase will comprise a review of the zoning (allowing for responses to pressures at the rural / urban interface) together with the review of the broader provision of suitably serviced and zoned employment land (commercial and industrial zones). The third phase will examine the subdivision regime and consider land fragmentation in the rural environment against the productive potential of the District. In August 2013, the FNDC approved a framework for the rolling review of the District Plan. Further proposed plan changes currently being developed under this rolling review include a review of the Traffic Parking and Access Provisions of the District Plan, a review of Chapter 2 - Tangata Whenua together with a review of the Integrated Development Provisions and the Designations and Utility Services Chapter of the Plan. Whist we recognise that the rolling review establishes a staged approach to changes to the Operative District Plan, with consistent and streamlined management of both the process and the consequential amendments arising as the individual plan changes progress, the staged approach to the District Plan review can be effective. We also acknowledge that a comprehensive review of the plan provisions can be a resource intensive and demanding process for the Far North District Council. The staged approach assists with management of these resource issues. : Some of the changes currently proposed in PPC15 should proceed as set out in this Appendix A, in Appendix B and as discussed in our covering report. Some of the changes requested should be addressed through subsequent plan changes and we have identified those matters in this Appendix A and Appendix B. That the submissions in general opposition to PPC15 are not allowed and that PPC15 is adopted with as set out in this Appendix A and Appendix B. 7

8 SECTION 32 REPORT These submissions relate to the section 32 Report that accompanied Proposed Plan Change 15. Submissions and : Submitter name and number 20/1 Te Runanga Iwi o Ngapuhi 21/1 Leonard Dissanayake Section 32 Report Section 32 Report FS 0044/17 - Marian Dissanayake Submission be allowed FS 0053/16 - Rod Brown Vision Kerikeri Submission be allowed 23/3 Marian Dissanayake Section 32 report Item 3.5 / oppose in part in part The submitter seeks better Council consideration of Maori concepts values and processes in RMA implementation including embedding such matters throughout the policy framework. Consider a mix of effects based planning with elements of activity based planning as another option to address particular issue relating to specific areas such as approach roads to town centres Clearly state the findings of the technical report for the benefit of the public. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part in part 23/4 Marian Dissanayake 23/5 Marian Dissanayake Section 32 report Item 3.5 Section 32 report Item 3.5 Apply the findings of the report to the proposed plan change to achieve a better resource management outcome. Provide public access to the report via FNDC website under Plan Change 15. in part 23/6 Marian Dissanayake 38/3 Bay of Islands Planning 38/4 Bay of Islands Planning Section 32 Insufficient evaluation of options Section 32 Analysis Section 32 Analysis FS 0044/40 - Marian Dissanayake Submission be allowed FS 0053/54 - Rod Brown Vision Kerikeri Submission be allowed 38/5 Bay of Islands Planning Section 32 Analysis Section 32 Report in its entirety Section 32 Report in its entirety Section 32 Report in its 1. Consider combining activity based planning controls with the effects based controls to address issues relating to approach roads to identified town centres. Or 2. Introduce an appropriate new zone to address issues relating to approach roads to identified town centres. Conduct a proper review of the relevant aspects of the DP to address all of these provisions, including potential zone changes. Conduct a systematic and objective section 32 analysis to quantify the issues to be addressed and provide a comprehensive evaluation of the possible options for addressing those issues. Provide proper justification and evaluation of the need to include these provisions. in part 8

9 Submitter name and number 38/5A Bay of Islands Planning 38/6 Bay of Islands Planning Section 32 Analysis Section 32 Analysis FS 0044/41 - Marian Dissanayake Submission be allowed FS 0053/55 - Rod Brown Vision Kerikeri Submission be allowed 38/7 Bay of Islands Planning Section 32 Analysis FS 0042/54 - Horticulture in part in part 40/1 Iain Morrison Section 32 Report Option Evaluation FS 0053/57 - Rod Brown Vision Kerikeri Submission be allowed 40/4 Iain Morrison Section 32 Report Option 3 / oppose entirety Section 32 Report in its entirety Section 4 of the Section 32 Report Section 4 of the Section 32 Report, summary of feedback, pages 12 to 13 Conduct a systematic and objective section 32 analysis to examine realistically what factors are contributing to activities locating out of zone, including availability of commercial/industrial land, servicing of such land and compliance costs of establishing on such land. Follow this up with a comprehensive package of measures that could be implemented through the plan to address these. Conduct a systematic and objective section 32 analysis to identify issues systematically rather than by anecdotal material, and evaluate a full range of options for addressing those issues in a manner which conforms with the philosophy and structure of the DP. Conduct a systematic and objective section 32 analysis to quantify the issues to be addressed and provide an evaluation of the possible options for addressing those issues. This is particularly important for those feedback issues where divergent or conflicting views have been noted in Section 4 of the report. To include activity based controls in the District Plan. Implement recommended s 32 rule changes as proposed through Option 3. Please also refer to Consolidated Version of Plan Change Text Incorporating. Discussion and Reasons: These submissions are primarily from individuals, Te Runanga Iwi O Ngapuhi and Bay of Islands Planning. Te Runanga Iwi O Ngapuhi seeks better consideration of Maori processes, concepts and values in RMA decision making. We recommend that given the rolling and staged approach to the District Plan review that a transparent process for consultation with local iwi is implemented throughout the review process (for each plan change). We consider that consultation with iwi must recognise their status 9

10 under 2 of the Act and should not be confined to a review of the tangata whenua chapter of the plan. We note in the s32 report that the Council identified iwi as major stakeholder in this plan change process. Whilst we did not receive any specific evidence on Iwi consultation from Te Runanga Iwi O Ngaphui at the hearing, we have read and considered the submissions of iwi in reaching our on PPC15. We anticipate that the Council will manage the rolling review of the District Plan so that subsequent and consequential amendments arising from the chapter and topic based review of the plan provisions will be addressed as the review proceeds and that appropriate recognition will be given to the status of iwi under 2 of the RMA throughout the rolling review process. We also consider that with effective management the approach being taken to the rolling review of the District Plan can achieve an integrated resource management policy and rule framework across the district. : No changesbased on the section 32 Report.. Whilst we note that a review of the Tangata Whenua Chapter of the Plan will be a future part of the rolling review. We recommend to Council that consultation with iwi is not limited to consultation on the Tangata Whenua Chapter of the Plan alone. Consultation with iwi should be ongoing throughout the rolling plan review process in recognition of the special status of iwi under 2 of the Act. 10

11 SUBMISSIONS ON SPECIFIC PROVISIONS 4.1 RURAL ENVIRONMENT POLICY FRAMEWORK Rural Environment, Section 8 - Context These submissions relate to the 8.Context for the Rural Environment from PPC15 and either specify support or seek amendments to the proposed policy framework. Submissions and: Submitter name and number 12/1 Micah Donaldson 16/1 TrustPower 8 Rural Environment Context 8 Rural Environment Context or oppose Not specifically stated. in FS 0048/2 - Transpower Ltd in part The submission point be accepted in part. To amend the Rural Environment Context as follows; To amend the Rural Environment Context as follows; Renewable electricity generation facilities need to be located in those places best suited to harnessing the energy resource. Many of the areas that are potentially viable for commercial electricity generation lie within the rural and coastal environments, or any similar amendments to like effect and any consequential amendments that stem from clarification of the submission. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part Renewable electricity generation facilities, and electricity transmission facilities, need to be located in those places best suited to harnessing the energy resource. Many of the areas that are potentially viable for commercial electricity generation lie within the rural and coastal environments. FS 0054/8 Radio in part Make the addition to 8 Rural Environment Context section sought by RNZ in paragraph 51 of its submission. 17/1 Radio New Zealand 8 Rural Environment Context FS 0042/17 - Horticulture in part Disallow in part in To amend the Rural Environment Context as follows: Infrastructure and network utility operations are also located in the rural environment, often due to technical and operational requirements. Development in close proximity to such infrastructure requires careful management, as it can lead to adverse effects on the operation, maintenance and upgrading of these important facilities. FS 0048/6 - Transpower Ltd The submission point be accepted. Transpower seeks that the one minor amendment be made to the wording as follows: in part 11

12 Submitter name and number or oppose To amend the Rural Environment Context as follows: Infrastructure and network utility operations are also located in the rural environment, often due to technical and operational requirements and constraints. Development in close proximity to such infrastructure requires careful management, as it can lead to adverse effects on the operation, maintenance and upgrading of these important facilities and infrastructure. FS 0049/6 - Federated Farmers Of That the submission be disallowed. FS 0050/1 - TrustPower in part Relief sought: (i) For Council to accept submission 17/1, provided a definition of Infrastructure which includes electricity generation and transmission (such as the one provided in TrustPower s submission 16/2) is incorporated into the District Plan. Please also refer to Consolidated Version of Plan Change Text Incorporating. 20/2 Te Runanga Iwi o Ngapuhi 21/2 Leonard Dissanayake 28/1 Transpower New Zealand 8 Rural Environment General 8 Rural Environment Context 8 Rural Environment Context in part in part in Submitter wishes to include the discussion on the human dimension of the rural environment, in particular the need to take into account the social and cultural significance of papakainga development. Amend the context so that the following section in the fourth paragraph is shifted to the context section in Chapter 8.6 Rural Production Zone. As the zone name suggests..by way of District Plan rules To amend the Rural Environment Context by adding text after new paragraph 5 as follows: It is not just rural production activities which may be adversely impacted by incompatible uses in rural areas. Other activities which rely on rural environments, such as infrastructure including the electricity transmission network (the National Grid) can be impacted by incompatible land uses. The National Grid is critical in supplying electricity to the Far North. Providing for its ongoing use, maintenance and development will assist in maintaining and enhancing the security of energy supply. in part in part in part FS 0042/42 - Horticulture in part FS 0049/46 - Federated Farmers Of Furthermore, adopt any other such relief, including additions, deletions or consequential amendments necessary as a result of the matters raised in this submission, as necessary, to give effect to this submission That the submission be disallowed. FS 0054/20 - Radio in part Make the addition to 8 Rural Environment Context sought by RNZ in paragraph 51 of its submission; OR Make an addition using wording to equivalent effect. 28/8 8 Rural in Amend 8 Rural Environment Context by 12

13 Submitter name and number Transpower New Zealand Environment Commentary or oppose adding the following text: The National Policy Statement on Electricity Transmission requires Councils to identify the electricity transmission network on Council planning maps. It also requires that an appropriate buffer corridor be identified within which both sensitive activities and, with respect to Greenfield sites, new building (other than some farm buildings) would be prevented from locating. This will ensure that activities such as residential activities, schools, hospitals and buildings do not affect the operational and maintenance of transmission lines whilst ensuring the health and safety of the community. Please also refer to Consolidated Version of Plan Change Text Incorporating. FS 0042/47 - Horticulture in part in part FS 0049/53 - Federated Farmers Of That the submission be disallowed. 29/10 Horticulture 29/11 Horticulture 29/12 Horticulture 8 Rural Environment Context 8 Rural Environment Context 8 Rural Environment Context in in FS 0044/29 - Marian Dissanayake Submission be disallowed FS 0053/35 Rod Brown Vision Kerikeri Submission be disallowed FS 0054/25 - Radio Retain the words amenity values in paragraph 5. 38/8 Bay of Islands Planning Rural Environment, Context changes Furthermore, adopt any other such relief, including additions, deletions or consequential amendments necessary as a result of the matters raised in this submission, as necessary, to give effect to this submission To amend the first sentence of the Context as follows: The majority of the land in the Far North is, and will remain, rural where rural production is the main activity and which underpins the rural character of the district. While rural character generally includes a range of factors there are areas across the district where there distinct differences in rural character. To retain paragraph 3 of the Context as written. To amend paragraph 5 by deleting amenity values associated with the rural environments attributes and character and replacing it with rural character. Amend the Context to reflect the different resources, patterns of land uses and features of significance which are found in the rural environment and the management issues which may affect them. In particular, delete the sentence, Zone provisions are designed to allow for in part. 13

14 Submitter name and number FS 0042/55 - Horticulture in part in part FS 0051/6 - Micah John Donaldson 38/13 Bay of Islands Planning Section 8.6.Context FS 0042/59 - Horticulture in part in part or oppose amendment activities that do not detract from the amenity values associated with the rural environment s attributes and character and that further contribute to the efficient use of the District s physical resources such as infrastructure This appears to be somewhat at odds with Council s attempts to introduce increased rates payments for primary producers to pay for their use of Council s infrastructure. Rewrite context section to establish purpose of the zone and its varied character. This can be used to determine whether its application within the District is correct. There is no point in referring later to the intent of the zone if it hasn t been clearly set out in this section. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part in part Discussion and Reasons: Submissions on the Rural Environment Context were received from: Individuals. Bay of Islands Planning. Trustpower requesting recognition for Renewable Electricity Generation in the rural environment. Transpower requesting recognition for incompatible land uses and reverse sensitivity issues. Radio requesting recognition for the fact that network utility operators are often located in the rural environment. Iwi recognition for papakianga housing. Horticulture requesting recognition that rural production is the main activity underpinning rural character. Reference to amenity values should be replaced with rural character. The Rural Environment Context Statement as publicly notified reflects the scope of the plan change. Some amendments have been requested by submitters to ensure their particular area of interest is reflected in the context statement. For example the request from TNZL for the zone context statement to specifically recognise the significance of providing for infrastructure in the Rural Zones; and likewise RNZ requesting specific recognition for radio communications. 14

15 We note that the purpose of PPC15 is to address the adequacy of the existing policy and rule framework in relation to reverse sensitivity, incompatible activities and cumulative effects. We also note that the Far North District Plan is structured in such as way as to include individual Chapters specifically dealing with the issues raised by these submitters including: Transportation, Utility Services (including electricity and telecommunications); Renewable Electricity Generation; Subdivision and Tangata Whenua. Within each of these chapters are Context Statements, Objective, Policy and rule frameworks for dealing with the relevant resource management issues. We do not consider it necessary to repeat those issues within the Context Statement of the Rural Environment Chapter as that would lead to unnecessary duplication and cross referencing through out the district plan. The matters that submitters request should be included in the Rural Environment Context Statement, are appropriately located within the individual Chapters of the Plan specifically addressing those particular resource management issues. Some wording changes have been proposed by Mr Dissanayake submitter 21/2 and accepted by Mr Wilson. The changes result in the deletion of additional wording in the Rural Environment Context Statement that was originally proposed by Mr Wilson in the notified version of the Plan Change. We acknowledge iwi request for recognition of Papakianga housing in the Rural Environment and note that Rule specifically provides for Papakianga Housing as a Controlled Activity subject to compliance with permitted activity standards and an exclusive land area of at least 3,000m 2. : Our decision therefore is that the Context Statement should remain as drafted in the notified version of the plan change with further changes accepted in accordance with Mr Wilson s recommendation. We consider that recognition for individual activities including infrastructure, transportation, utility services is appropriately addressed in the relevant chapters of the plan dedicated to those particular resource management issues. We do not consider it necessary to include reference to infrastructure and network utility operations/activities in the Rural Environment Context Statement. Should the comprehensive review of the infrastructure provisions of the plan conclude that changes are required to the Rural Environment Chapter, those changes can be addressed through consequential amendments at that time. Refer below and to Appendix B - Consolidated Version of Plan Change Text Incorporating any changes. 15

16 8 RURAL ENVIRONMENT CONTEXT The majority of the land in the Far North is, and will remain, rural where rural production is the main activity (29/10) but there are distinct differences in rural character and amenity across the various rural areas. There is also a greater sense of nature and of open space in the rural environment than in the more densely settled areas. Rural land is characterised by relatively large land holdings, a relatively low intensity of built development and diverse activities. Even though there are big differences in the character of various areas of the rural environment, there is generally a greater sense of nature and of space in the rural area than in the more densely settled urban areas. It is this that distinguishes the rural from the urban environment. Much of the rural environment is also coastal. The Act places particular responsibilities on councils to preserve the natural character of the coastal environment and for this reason it is differentiated from that part of the rural environment that does not have a significant coastal character. Because of the general character of the lower density of development in the rural area and generally larger site sizes, there is a perception that the likelihood of adverse effects occurring from activities is less than it may be in more densely settled areas, or at least that adverse effects are more easily absorbed within the site. As the zone name suggests, the Rural Production Zone is, in most but not all locations, characterised by a working rural production environment, with the usual noises, smells and visual effects associated with a wide range of farming, horticultural, forestry and mineral extraction purposes. Some activities, including activities that are ancillary to farming, horticulture or forestry may also have a functional need to be within the rural environment, however, such rural processing and servicing activities may be less compatible in more intensively settled locations. Overall, there is an expectation that rural production activities should be able to continue to operate without overly onerous or restrictive intervention by way of District Plan rules. (21/2) The consequence is that controls on activities in the rural environment generally allow enable a wide range of complementary rural activities to occur whilst avoiding, remedying, or mitigating any adverse effects on the environment. These various zone provisions controls are, however, supported by other controls in 3 of the Plan District Wide Provisions that are designed to protect the natural and physical resources of the rural environment. However, the rural land resource is also sometimes preferred by developers as an alternative location to establish industrial and commercial activities, especially on approach roads, relatively close to existing urban settlements. This can result in cumulative effects and impact on the efficient delivery of infrastructure. Zone provisions are designed to allow for activities that do not detract from the amenity values associated with the rural environment s attributes and character and that further contribute to the efficient use of the District s physical resources such as infrastructure. Infrastructure and network utility operations are also located in the rural environment, often due to technical and operational requirements (17/1) and constraints (FS 0048/6). Development in close proximity to such infrastructure requires careful management, as it can lead to adverse effects on the operation, maintenance and upgrading of these important facilities (17/1) and infrastructure. (FS 0048/6) The character of the rural environment is constantly changing. These changes are largely in response to economic imperatives. They take the form of changes in farming and forestry practices and the type of productive activities that take place on the land, hence the zone name Rural Production. They also result in the expansion of rural residential living on relatively small rural lots in some areas. Conflicts between land uses can arise due to these changes. For example, where countryside living occurs, the effects of odour, spray drift and noise on residents becomes an issue. The Plan is designed to take account of the likely pressures for and consequences of change in the rural environment including settlement patterns for rural villages. 16

17 4.1.2 Rural Environment, Section s These submissions are related to the proposed changes to Section 8.1 s for the Rural Environment under PPC15 and seek amendments to the proposed policy framework. Submissions and : Submitter name and number 1/1 David Clarkson 1/5 David Clarkson 1/6 David Clarkson Rural Environment s Rural Environment s Rural Environment s or oppose in in in That more clarity be achieved with the term functional relationship with More emphasis to be placed on this within the policy framework. More emphasis to be placed on this within the policy framework. 3/1 Andrew s Rezoning of areas done prior to the Plan Abercrombie Change moving forward. FS 0047/3 - Bay Of Islands Planning Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. FS 0054/2 Radio - Rezoning of areas Any rezoning of Rural Production land should be done as part of a new plan change. FS 0053/1 - Rod Brown, Vision Kerikeri The submission be disallowed 4/3 Robyn Leary Rural Environment s FS 0042/4 - Horticulture Disallow FS 0053/2 - Rod Brown Vision Kerikeri The submission be allowed 7/1 Vision Kerikeri Rural Environment s 7/2 Vision Kerikeri Rural Environment s in To include Waipapa Road from SH10 to the Bypass in all policy changes for approach roads, similar to provisions that include Kerikeri Road, SH10, and the urban edge of Kerikeri. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part in part in part Not Not Not specifically stated in Using activity based provisions define inappropriate and incompatible industrial style land uses and consider them as discretionary activities with relevant assessment criteria. FS 0047/5 - Bay Of Islands Planning recognition that area around Kerikeri does not typify the Rural Production Zone. Defer changes to the rural zone provisions until such time as a review of the applicability of those zones to particular areas and the availability of commercial and industrial zoning has been undertaken. 12/3 Micah Donaldson 8.1 Rural Environment s in part in part in part in part Not specifically stated. 17/2 Radio New Rural To retain as written 17

18 Submitter name and number or oppose Please also refer to Consolidated Version of Plan Change Text Incorporating. Zealand Environment s FS 0049/7 Federated Farmers Of That the submission be disallowed. 17/3 Radio New Zealand Rural Environment s To retain as written FS 0048/7 - Transpower Ltd The submission point be accepted. FS 0049/8 - Federated Farmers Of That the submission be disallowed. 17/4 Radio New Zealand Rural Environment s in FS 0048/8 - Transpower Ltd The submission point be accepted. FS 0049/9 - Federated Farmers Of That the submission be disallowed. 17/5 Radio New Zealand 8.1 Rural Environment s in FS 0048/9 - Transpower Ltd The submission point be accepted. FS 0049/10 - Federated Farmers Of To amend as follows: Inappropriate subdivision, use and development can adversely impact on the amenity values of the rural environment and can cause reverse sensitivity effects on existing infrastructure and network utility operations To include the following new : 8.1.X Inappropriate subdivision, use and development can cause reverse sensitivity effects on the District s infrastructure and network utility operations, compromising their safe and efficient operation, development maintenance and upgrading. That the submission be disallowed. FS 0050/2 - TrustPower in part Relief sought: (i) For Council to accept submission 17/5, provided a definition of Infrastructure which includes electricity generation and transmission (such as the one provided in TrustPower s submission 16/2) is incorporated into the District Plan. 17/6 Radio New Zealand Rural Environment s FS 0042/18 - Horticulture in part Disallow in part FS 0048/10 - Transpower Ltd in To amend as follows: Activities and services that have a functional relationship with the rural environment production may be more efficient and appropriate to establish within that rural environment rather than more densely settled areas. in part 18

19 Submitter name and number or oppose The submission point be rejected. (refer to amendment in reasons below) To amend as follows: Activities, and services, and infrastructure that have a functional relationship with the rural environment production may be more efficient and appropriate to establish within that rural environment rather than more densely settled areas. FS 0049/11 - Federated Farmers Of. That the submission be disallowed. FS 0050/3 TrustPower For Council to accept submission 17/6. 21/3 Leonard Dissanayake FS 0044/18 - Marian Dissanayake Submission be allowed FS 0053/17 Rod Brown Vision Kerikeri Submission be allowed 23/7 Marian Dissanayake s Identify the relevant town centres, and domestic airports and related approach roads and their extents. s FS 0042/31 - Horticulture Disallow 23/8 Marian Dissanayake FS 0053/25 - Rod Brown Vision Kerikeri Submission be allowed 23/9 Marian Dissanayake FS 0042/32 - Horticulture Disallow 28/2 Transpower 8.1 Rural Environment s in part in part in part in Add the following issue Adverse effects can occur on existing residential sites due to new primary production activities being established on adjoining Rural sites has not been addressed. Identify by name the specific towns, airports and approach roads that need consideration under this issue. Delete Industrial style development and replace with inappropriate use and development. To include the following as a new : Inappropriate subdivision, use and development can adversely impact on the operation, maintenance and future development of the National Grid. Providing for the ongoing use, maintenance and development of the National Grid will assist in maintaining and enhancing the security of energy supply to the District. Please also refer to Consolidated Version of Plan Change Text Incorporating. in part in part Furthermore, adopt any other such relief, including additions, deletions or consequential amendments necessary as a result of the matters raised in this submission, as necessary, to give effect to this submission. 19

20 Submitter name and number or oppose FS 0042/43 - Horticulture in part FS 0049/47 - Federated Farmers Of That the submission be disallowed. FS 0054/21 - Radio in part 8.1 Add the new issue proposed by RNZ in paragraph 54 of its submission to 8.1 Rural Environmental s. 29/13 Horticulture Rural Environment s FS 0044/30 - Marian Dissanayake Submission be disallowed FS 0053/36 - Rod Brown Vision Kerikeri Submission be disallowed in FS 0054/26 Radio Retain the words amenity values in /14 Horticulture 29/15 Horticulture Rural Environment s Rural Environment s To amend by deleting amenity values of the rural environment and replacing with rural character. Please also refer to Consolidated Version of Plan Change Text Incorporating. To retain as written. To retain as written. 31/1 John Mason Rural Environment s in Not specifically stated. FS 0053/43 - Rod Brown Vision Kerikeri Submissions be allowed including Waipapa Road into relevant s, Objectives and Policies 31/2 John Mason Rural Environment s in Not specifically stated. FS 0053/44 - Rod Brown Vision Kerikeri Submissions be allowed including Waipapa Road into relevant s, Objectives and Policies 36/1 Ron Grant Rural Environment s 36/2 Ron Grant Rural Environment s 37/1 Margaret Ann Slade & s & Policies FS 0053/53 - Rod Brown Vision Kerikeri. Submission be allowed in in in part Not specifically stated Not specifically stated. To include landscaping. To define types of use that are not permitted in the gateway roads or only permitted through strict discretionary guidelines. in part in part in part in part in part in part in part in part 20

21 Submitter name and number 38/9 Bay of Islands Planning or oppose 8.1 s changes Rewrite Section 8.1 Please also refer to Consolidated Version of Plan Change Text Incorporating. Discussion and Reasons: Changes are sought to the wording of the Rural Environment s to reflect the interests of submitters in undertaking activities within the rural environment. The submissions seek recognition for: Infrastructure and effects of inappropriate subdivision, use and development activities on the national grid; Rural character; Kerikeri Road, SH10 and the Urban Edge of Kerikeri, and recognition of gateway roads to Kerikeri; Use of activity provisions to define inappropriate and incompatible industrial activities; and Reverse sensitivity effects. PPC15 has been initiated to specifically address some of the issues around incompatible land uses and reverse sensitivity. Amendments are proposed to the existing rural environment issues to establish the basis on which the issues and effects of activities addressed in PPC15 are managed. Amendments to the existing issues have been proposed to reflect the purpose of the plan change. Specifically to address: Reverse sensitivity; Land use incompatibility; Cumulative effects in the rural environment and near urban areas; and Including provisions that enable the establishment of rural support industries and infrastructure with a functional need to be located in the rural environment. The submissions from Utility Operators focus on the need to explicitly provide for their requirements and address potential reverse sensitivity effects on infrastructure in the rural environment. Amenity related issues have also been identified for specific locations and requests made for a suitable policy framework to address amenity issues in particular locations. We were told that the Plan Change was focussed on improving the integrity of the rural zones within the effects based constructs of the Plan. Phase 2 of the review of the Rural Environment Provisions will examine the appropriateness of zoning and the need for zone changes. We consider the amendments to the issues as set out below are appropriate as they reflect the scope and purpose of the plan change together with the effects based 21

22 framework of the plan. We consider that the further amendments requested by submitters including TNZL and RNZ are beyond the scope of the plan change. The request to include reference to rural character by HNZ is part of a suite of amendments requested by HNZ that result in fundamental changes to the policy and rule framework for the rural zones. Whilst, Ms Lynette Warf a Resource Management Consultant for the Agribusiness Group tabled a statement on behalf of Mr Chris Keenan, Manager Natural Resources and Environment for Horticulture, we did not hear any evidence (including in particular independent planning evidence) from Horticulture on these proposed changes. We do not accept that amenity values should be replaced with rural character. : That amendments are made to the issues in accordance with the recommendations of Mr Wilson s report. Refer below and to Appendix B - Consolidated Version of Plan Change Text incorporating. No further amendments are considered necessary in response to submissions. 8.1 ISSUES The subdivision, use and development of rural land can have adverse effects on the environment The requirement of the Plan to be effects-based places emphasis on the need to define effects and the minimum standards to be applied to those effects The loss of areas of significant indigenous vegetation and significant habitats of indigenous fauna as a result of land use activities in the rural environment The effects of activities within the rural environment and between the rural and urban environments are not always compatible. The management of the effects of the change in activities which occur within the rural environment and on the rural-urban fringe as a result of the expansion of urban areas onto rural land is an issue The requirement to sustainably manage rural resources has implications both for the use of land and for its subdivision The effects of inappropriate subdivision, use and development on outstanding natural features and landscapes There is a risk that adverse environmental effects can result from incompatible activities located close together, including cumulative effects in near urban areas Inappropriate subdivision, use and development can adversely impact on the amenity values of the rural environment Activities and services that have a functional relationship with rural production may be more efficient and appropriate to establish within the (17/6) rural environment rather than more densely settled areas Industrial style Inappropriate use and (23/9) development along approach roads to town centres and domestic airports can adversely impact on prevailing character and amenity values Loss of rural production land due to development pressure from non-rural activities. 22

23 4.1.3 Rural Environment, Section 8.2 Environmental Outcomes Expected These submissions relate to the proposed 8.2 Environmental Outcomes Expected for the Rural Environment from PPC15 and either specify support or seek amendments to the proposed policy framework. Submissions and : Submitter name and number 12/4 Micah Donaldson 17/7 Radio 8.2 Environmental Outcomes Expected Rural Environment Environmental Outcomes or oppose Not specifically stated. in Expected FS 0049/12 - Federated Farmers Of That the submission be disallowed. 17/8 Radio 8.2 Rural Environment Environmental Outcomes Expected in FS 0045/3 - Fonterra Disallow FS 0048/11 - Transpower Ltd in part The submission point be accepted in part.. FS 0049/13 - Federated Farmers Of That the submission be disallowed. 22/1 Paul Reid Northland District Health Board 29/16 Horticulture 38/10 Bay of Islands Planning Environmental Outcomes Expected Rural Environment Environmental Outcomes Expected Environmental Outcome To retain Environmental Outcome Expected as written. To include the following new Environmental Outcome Expected: 8.2.X A rural environment where the safe and efficient operation, development, maintenance and upgrading of infrastructure and network utility operations is provided for and infrastructure and network utility operations are protected from the reverse sensitivity effects of other activities. Please also refer to Consolidated Version of Plan Change Text Incorporating. Not specifically stated in To amend Environmental Outcome Expected as follows: A rural environment where change is consistent with rural character and rural production nature of the zone. Delete Outcome FS 0042/56 - Horticulture in part in part 23