7 Section 32 Summary for the Natural Hazards Chapter

Transcription

1 7 Section 32 Summary for the Natural Hazards Chapter The purpose of this section is to present a summary of the evaluation of the objectives, policies and methods of the Natural Hazards Chapter of the Proposed District Plan (October 2009), under Section 32 of the Resource Management Act. 7.1 Issues for the District Natural Hazards Following the Operative Plan review, and the Issues and Options assessment, including Council workshops and community consultation, the following Issues have been identified for the Natural Hazards Chapter: Recognising the risk of natural hazards Human activities such as development have the potential to conflict with natural processes, resulting in natural hazards. Potential hazards which are important to recognise in the Kaipara District include land instability, flooding, coastal hazards (including the impact of climate change) and fire. The key to managing the potential effects of these hazards is assessing their risk to human life, property and the environment. Calculating the risk potential involves identifying and quantifying the potential hazard and then determining the area of land which is likely to be subject to natural hazards. Kaipara acknowledges the direction provided in the Northland Regional Council Policy Statement to map hazards within the District. Notwithstanding this, Kaipara District Council needs to balance the cost implications to the community in undertaking such mapping in relation to the actual hazard areas within the District. It is also important to consider this task in relation to the effective and efficient management of Council resources. District Plan Issues: There is risk to life, property and the environment from hazards including fire; flooding in low lying areas; coastal erosion; landslips; and storm damage. While it is recognised that areas of the district are susceptible to hazard, there is uncertainty regarding detailed geographic areas of impact. The costs of mapping hazard areas needs to be balanced with the potential risks of hazard impacts, particularly given the low levels of growth and development pressure for large areas of the District Inappropriate activities and development can increase the risk of natural hazards Human activity and development can increase the risk of natural hazards when they occur in or near areas prone to natural hazards. Certain natural features (such as sand dunes and wetlands) function to absorb the effects of natural hazards but may lose their protective role due to human intervention, thereby exacerbating the risks from natural hazards, e.g. draining wetlands may lead to increased downstream flooding. Certain activities can contribute to increasing the hazard threat especially in high risk areas. Such activities include: o Clearance of vegetation by mechanical or other means in areas exposed to the elements and/or with poor soil structures; Page 7-1

2 o o Earthworks, in sensitive foreshore and riparian areas; and Erection of structures, especially buildings, in flood plains. District Plan Issues: Inappropriately located activities and development increase the likelihood of significant property damage caused by land instability and subsidence. Climate change has the potential to adversely affect coastal development Kaipara District has a large proportion of coastal area which gives rise to increased potential for natural hazards Coastal erosion, landslips and flooding are natural processes that can be initiated or exacerbated by human activities particularly in the dynamic coastal environment. The Kaipara District has an extensive coastline, parts of which are prone to erosion and other forms of natural hazards. The main areas affected are along the east and west coasts where wave action associated with storms is a key hazard. Coastal hazards can arise where communities have constructed buildings too close to the coastal marine area, especially on dunes, spits or near wetlands. Sea level rise is also occurring, and dunes and wetlands will provide an increasingly important natural hazard buffer as this occurs. Subdivision, use and development require management, and natural ecosystems require protection in coastal areas. District Plan Issues: Kaipara District has a large proportion of coastal area which gives rise to increased potential for natural hazards, particularly where inappropriate development occurs. Climate change has the potential to adversely affect coastal development. 7.2 Consultation with the Northland Regional Council The Council has been in consultation with the Northland Regional Council (NRC) throughout the District Plan review process. On 14 May 2009, NRC confirmed that a coastal hazard mapping exercise had been undertaken of the region and that the Kaipara District had no specific existing coastal hazards. Tsunami risks and implications of sea level rise are to be undertaken in a study later this year. A flood susceptibility exercise was carried out by council and maps have been provided and incorporated into the District Plan for information purposes only. These are discussed further in the assessment of options for this Chapter. 7.3 Objectives Proposed for the Natural Hazards Chapter Part A of this report provides a methodology for the assessment of objectives Examining the Appropriateness of the Objectives Objective To control subdivision and development so that it does not induce natural hazards or exacerbate the effects of natural hazards. Certain activities can contribute to increasing the hazard threat, especially in high risk areas. Such activities include the clearance of vegetation, earthworks, in sensitive foreshore and riparian areas and the erection of structures, especially buildings, in flood plains. This objective aims to control development so that natural hazards are not induced and/or the effects of natural hazards are not exacerbated. Page 7-2

3 a. Evaluation RMA Provision s5(2)(a) s5(2)(b) s5(2)(c) Social wellbeing Economic wellbeing Cultural wellbeing Health and safety s6 s7 s8 Response to Issues Evaluation The objective sustains the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations by controlling subdivision and development so that it does not induce natural hazards or exacerbate the effects of natural hazards which may result in the loss of or damage to natural and physical resources. The objective aims to manage land uses and subdivision development where these have the potential to adversely exacerbate the effects of natural hazards or create natural hazards. It is anticipated that such management may provide opportunities to safeguard the life-supporting capacity of natural resources such as soil and water. The objective aims to manage land uses and subdivision development where they have the potential to adversely impact on land prone to natural hazards. Such management provides for the avoidance, remediation and mitigation of potential adverse effects of natural hazards. While social wellbeing is not explicitly provided for, the management of subdivision and development so that natural hazards are potentially avoided contributes to the community s social wellbeing, seeking to provide for a safe environment for the community. While not explicitly provided for, economic wellbeing is implicit in the provision of controlling development so that it does not induce natural hazards or exacerbate the effects of natural hazards. Infrastructure and assets are protected from land which may be subject to natural hazards. Cultural wellbeing is implicit in the provision of managing development so that it does not induce natural hazards or exacerbate the effects of natural hazards though not specifically provided for. This provides for the management of resources of importance to Maori. The objective seeks to achieve a healthy and safe environment by managing subdivision and development so that it does not induce natural hazards or exacerbate the effects of natural hazards. This will contribute to the health of the community. The objective recognises and provides for: s6(a) The preservation of natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development. While not explicitly stated, the intention of the objective is to also manage the potential effects of natural hazards in the coastal environment. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources by managing development; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not directly take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). Inappropriately located activities and development increase the likelihood of significant property damage caused by land instability and subsidence. Page 7-3

4 b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social and economic wellbeing while controlling subdivision and development so that it does not induce natural hazards or exacerbate the effects of natural hazards. c. Outstanding issues Nil. Objective To ensure that the role in hazard mitigation played by natural features is recognised and protected. Certain natural features (such as sand dunes and wetlands) function to absorb the effects of natural hazards but may lose their protective role due to human intervention, thereby exacerbating the risks from natural hazards, e.g. draining wetlands may lead to increased downstream flooding. Coastal hazards may also arise where communities have constructed buildings too close to the coastal marine area, especially on dunes, spits or near wetlands, eroding these protective natural features. This objective aims to provide for hazard mitigation by recognising and protecting natural features such as dunes, spits and wetlands. a. Evaluation RMA Provision s5(2)(a) s5(2)(b) s5(2)(c) Social wellbeing Economic wellbeing Cultural wellbeing Health and safety Evaluation The objective sustains the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations by recognising natural features and managing development in these areas so that the natural features are not adversely affected. The objective aims to minimise natural hazards by recognising natural features and the land use and development proposed in proximity to natural features. It is anticipated that natural features are recognised and protected, this includes both soil and water. The objective aims to manage land uses and subdivision development where they have the potential to adversely impact on natural features which mitigate natural hazards. Such management provides for the avoidance, remediation and mitigation of potential adverse effects of natural hazards. While social wellbeing is not explicitly provided for, the potential avoidance and mitigation of natural hazards by protecting natural features contributes to the community s social wellbeing, seeking to provide for a safe environment for the community. While not explicitly provided for, economic wellbeing is implicit in the provision of mitigating natural hazards by recognising natural features and providing appropriate protection. Infrastructure and assets are protected from land which may be subject to natural hazards. Cultural wellbeing is implicit in the mitigation of natural hazards, though not specifically provided for. This protects those resources valued by Maori from the adverse effects of natural hazards. The objective seeks to achieve a healthy and safe environment by avoiding or mitigating natural hazards by recognising natural features and providing protection from development where appropriate. This will contribute to the Page 7-4

5 s6 s7 s8 Response to Issues health of the community. The objective recognises and provides for: s6(a) The preservation of natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development. While not explicitly stated, the intention of the objective is to recognise and protect the coastal environments and thereby avoid or mitigate potential natural hazards. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources by managing development; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not directly take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). Kaipara District has a large proportion of coastal area which gives rise to increased potential for natural hazards, particularly where inappropriate development occurs. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social and economic wellbeing while recognising natural features and their role in hazard mitigation. c. Outstanding issues Nil. Objective To improve public awareness of natural hazards as a means of helping the community to avoid such hazards. This objective aims to avoid natural hazards and mitigate the effects of natural hazards by improving the public awareness of natural hazards and development which may contribute to increasing hazard threat in high risk areas. a. Evaluation RMA Provision s5(2)(a) s5(2)(b) s5(2)(c) Social wellbeing Evaluation The objective sustains the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations by improving public awareness of natural hazards in general and ways in which they can be avoided. The objective aims to educate the public on development which may have the potential to adversely exacerbate the effects of natural hazards or create natural hazards. While not explicitly stated, it is anticipated that such management may provide opportunities to safeguard the life-supporting capacity of natural resources such as soil and water. The objective aims to educate the public as a means of helping the community to avoid such hazards. This education will assist in providing for the avoidance of natural hazards and the remediation and mitigation of potential adverse effects of natural hazards. Social wellbeing is explicit; the improved public awareness of natural hazards Page 7-5

6 Economic wellbeing Cultural wellbeing Health and safety s6 s7 s8 Response to Issues and natural hazard avoidance/mitigation will enhance the community s social wellbeing, seeking to provide for a safe environment for the community. While not explicitly provided for, economic wellbeing is implicit in the provision of increasing public awareness to assist in avoiding natural hazards or mitigating the effects of natural hazards. Infrastructure and assets are protected from land which may be subject to natural hazards. Cultural wellbeing is implicit in the provision of increasing public awareness to assist in avoiding natural hazards or mitigating the effects of natural hazards, though not specifically provided for. The objective seeks to achieve a healthy and safe environment by improving public awareness to assist in development which does not induce natural hazards or exacerbate the effects of natural hazards. This will contribute to the health of the community. The objective recognises and provides for: s6(a) The preservation of natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development. While not explicitly stated, the intention of the objective is to also manage the potential effects of natural hazards in the coastal environment. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources by managing development; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not directly take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). Kaipara District has a large proportion of coastal area which gives rise to increased potential for natural hazards, particularly where inappropriate development occurs. Inappropriately located activities and development increase the likelihood of significant property damage caused by land instability and subsidence. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social wellbeing while also protecting the coast, rivers and lakes from inappropriate land use and subdivision. c. Outstanding issues Nil. Objective To consider natural hazards at the time of any subdivision, land use or development or when there is a significant change in land use proposed (for example a new Growth Area). Human activity and development can increase the risk of natural hazards when they are proposed in areas prone to natural hazards. This objective aims to consider natural hazards at the time of any subdivision, land use or development, or when there is a significant land use change in an area to avoid natural hazards or mitigate the effects of natural hazards. a. Evaluation Page 7-6

7 RMA Provision s5(2)(a) s5(2)(b) s5(2)(c) Social wellbeing Economic wellbeing Cultural wellbeing Health and safety s6 s7 s8 Response to Issues Evaluation The objective sustains the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations by considering natural hazards at the time of any subdivision, land use or development. This consideration should result in development which avoids natural hazards or mitigates the effects of natural hazards. The objective aims to consider natural hazards at the time of any subdivision, land use or development. While not explicitly stated, it is anticipated that such consideration may provide opportunities to safeguard the life-supporting capacity of natural resources such as soil and water. The objective aims to assist in providing for the avoidance of natural hazards and the remediation and mitigation of potential adverse effects of natural hazards by considering natural hazards at the time of any subdivision, land use or development. Social wellbeing is implicit; the consideration of natural hazards at the time of any subdivision, land use or development shall result in development which avoids natural hazards or avoids the effects of natural hazards. While not explicitly provided for, the consideration of natural hazards at the time of development provides for economic wellbeing. Infrastructure and assets are protected from land which may be subject to natural hazards. Furthermore, this objective recognises the limited resources of Council and seeks to promote the economic wellbeing of the District, by targeting investigation into hazards at the time of development and growth planning (rather than in advance of this) as a more efficient use of limited resources. Cultural wellbeing is implicit in the provision of considering natural hazards at the time of proposed development, that way natural hazards can be avoided or mitigated, and cultural sites will be protected from natural hazards. The objective seeks to achieve a healthy and safe environment by considering natural hazards at the time of subdivision, land use or development. This will contribute to the health and safety of the community. The objective recognises and provides for: s6(a) The preservation of natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development. While not explicitly stated, the intention of the objective is to also manage the potential effects of natural hazards in the coastal environment. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources by managing development; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not directly take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi). Inappropriately located activities and development increase the likelihood of significant property damage caused by land instability and subsidence. While it is recognised that areas of the district are susceptible to hazard, there is uncertainty regarding detailed geographic areas of impact. The costs of mapping hazard areas needs to be balanced with the potential risks of hazard impacts, particularly given the low levels of growth and development pressure for large areas of the District. Page 7-7

8 b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, allowing the community to provide for their social and economic wellbeing while considering natural hazards and the effects of natural hazards from the proposed development, subdivision or land use. c. Outstanding issues Nil. 7.4 Evaluation of the Policies and Methods Part A of the Plan provides a summary of the process undertaken to assess the policies under Section 32. It is noted that, given the structure of the Plan, those policies and methods which are included in the Natural Hazards Chapter, but give effect to objectives elsewhere in the Plan are not discussed in this Chapter summary. Rather these policies and methods are discussed in the section 32 evaluation for the relevant chapter. Appendix A summarises an assessment of the proposed policies and methods. In particular, it considers whether these policies and methods are the most appropriate for achieving the objectives, having regard to their efficiency and effectiveness Costs and Benefits of Policies and Methods The following provides a summary of the broad options considered in delivering this Chapter: a. Benefits and Costs Natural Hazards Chapter The following options are the main alternatives which the council has considered as a means of achieving the objectives for this Chapter: Option 1 - Retaining the Operative Plan s policies and rules as a means of achieving the objectives (i.e. maintaining the status quo). Option 2 Additional mapping (in partnership with the Regional Council) of areas subject to natural hazards to be included in the District Plan with associated provisions which provide for appropriate development in these areas. Option 3 - Use of other policies and methods which are more refined and in line with the identified natural hazards of the District (preferred option). It is noted that the evaluation of non-regulatory, methods, maintaining the provisions of the Operative District Plan and a review of the Plan are considered in Part A Section 6 of this report for the entire Plan Review. It is noted that a more detailed assessment of policies and methods is provided in Appendix A and B at the end of this Chapter. Option 1 - Retaining the Operative Plan s policies and rules as a means of achieving the objectives Under Option 1, the general direction and intent of the Natural Hazards Chapter would not be altered as part of the District Plan review. Page 7-8

9 Benefits Environmental Costs Environmental Natural Hazard mapping has been insufficient and has not occurred by the Council to date, or incorporated into the District Plan. This may result in increased adverse effects on the environment. Social and Economic Social and Economic Policies that do not clearly relate to the objectives of the Natural Hazards Chapter. Clarity of the Plan adversely affected. Costs to all parties using and administering the Plan. Limited objectives (only one relating to identifying natural hazards). No specific public awareness/education of natural hazard objectives. Overall, Option 1 has only limited environmental, social and economic benefits and greater potential environmental, social and economic costs. The environmental, social and economic costs of undertaking this option therefore outweigh any benefits to individuals which may result. Therefore Option 1 is not the most effective or efficient method of addressing the issues within the Natural Hazards Chapter and consequently is not the most appropriate method of achieving the objectives. Sufficiency of information available Council has sufficient information on Option 1 to make a decision on the subject matter. Option 2 Additional mapping (in partnership with the Regional Council) of areas known to be subject to natural hazards, with associated provisions which provide for appropriate development in these areas Under Option 2, the Council would work in partnership with Northland Regional Council to provide accurate natural hazard maps (e.g. flood plains/flood susceptibility/instable land maps) as part of the District Plan review and provide sufficient protection for development in these areas. Benefits Environmental Provides an opportunity to update information on natural hazards and protect the natural and physical environment. Costs Environmental Existing mapping from Northland Regional Council (instability and flood susceptibility) are considered to be indicative only and therefore some areas may be missed from the maps. Firm provisions through rules and performance standards can be applied to areas identified as being subject to natural hazards. This would avoid, remedy, mitigated adverse effects of natural hazards. Social and Economic Accurate mapping could protect inappropriate Social and Economic Insufficient data and mapping relating to natural Page 7-9

10 Benefits developments from being placed within areas prone to natural hazards. Avoiding, remedying or mitigating potential adverse effects of residential housing and businesses locating in these areas. Costs hazards to date by Council e.g. no land instability maps and accurate flood susceptibility maps which may lead to inappropriate development in these areas. This would create a large cost to ratepayers. Inaccuracies in mapping from Northland Regional Council may increase concern from landowners that mapping is not accurate or complete and therefore not appropriate for use in the District Plan (which will restrict the use of land) Costs associated with surveying / technical input to update existing information on potential natural hazard areas. Costs associated with disseminating information of natural hazard areas to landowners and education of the public. In general this option is considered to have the higher proportion of benefits to costs and therefore is considered the most effective and efficient response to the objectives for the District Plan. However, it is acknowledged that this option poses a high cost to Council, both in additional survey and mapping work that may be required to ensure that mapped areas are accurate and with respect to opposition from landowners (processing cost for Plan development). On this basis, it is noted that this option is not preferred by Council. Sufficiency of information available Council acknowledges that the existing Northland Regional Council flood susceptibility maps are based on limited information. The risk of including these maps with associated rules would not provide for landowners social and economic wellbeing and would be an inefficient use of land. However, the Council can still include these for information purposes only. Other methods of identifying land subject to natural hazards can be utilised by the Council, such as geotechnical data, engineering reports, consent notices at subdivision and historical databases. In assessing this direction, consideration has also been given to the uncertainty of hazard mapping alongside the relatively slow or limited growth and land use development anticipated in the District. On balance, Option 2 is considered to incur higher costs that are not warranted for the additional certainty and management direction it would provide. Option 3 - Use of policies and methods which are more refined and in line with the identified natural hazards of the District e.g. flooding, land instability (Preferred Option) This option involves using the existing information available to the Council to identify and protect areas of land subject to natural hazards. Benefits Environmental Policies and methods which directly relate to specific District Plan objectives. This provides for greater environmental protection. Costs Environmental Insufficient data and mapping relating to natural hazards to date by Council e.g. no land instability maps which may lead to inappropriate development in these areas. Page 7-10

11 Benefits While there are no rules in this chapter, there are detailed assessment criteria for subdivision and land use in proximity to flood hazard areas e.g. construction techniques of hazard protection works in coastal set back yards and the requirement of specialist engineering reports where development of land is likely to be affected by coastal erosion, flooding or areas of instability. A resource consent is also required when excavation and fill is undertaken in an area known to be instable or prone to flooding. Costs Lack of certainty to identify areas of hazard risk may mean that environments are not managed and protected to the degree ultimately appropriate given their hazard risks. Inclusion of Northland Regional Council s flood susceptibility maps for information purposes. Further studies and investigation are highlighted in the District Plan to provide for the management of risks of natural hazards in the future. This will provide improved data and mapping for development in the future. Social and Economic Council will work together with the Northland Regional Council to share resources and map flood hazards for the District. More detailed policies and methods which enhance public understanding and provide further direction to Council in achieving their responsibilities under the RMA. Inclusion of Northland Regional Council flooding susceptibility maps as an appendix of the District Plan maps to provide some understanding of flooding hazards in the absence of accurate mapped information. Social and Economic There will be a cost to all people undertaking development within areas known to be prone to natural hazards. Therefore development may be restricted or require further environmental design protection. The flood susceptibility maps are high level and indicative only, therefore not enforceable. Uncertainty regarding risks may result in reduced demand for growth and development in areas of the District. Improved public awareness and education about the risk of natural hazards and building in flood hazard areas. Policies seek for a database available for public access to be created by Council. In general this option is considered to have the higher proportion of benefits to costs and therefore is considered the most effective and efficient response to the objectives for the District Plan. It is noted that alternatives for specific provisions of the Plan are discussed in Appendix C of this report. Sufficiency of information available Council acknowledges that the flood susceptibility maps provided from the Regional Council are indicative only and therefore included and for information purposes. The risk associated with the retention of these maps as opposed to more detailed accurate data is that they cannot be Page 7-11

12 used to enforce rules. They are however included for information purposes. The Council will work in collaboration with Northland Regional Council to produce up-to-date flood susceptibility maps in future. In the absence of providing up-to-date accurate mapping of natural hazards the Council has developed other methods in the Zone chapters to provide for the prevention of natural hazards. These include detailed assessment criteria for subdivision and land use in proximity to flood hazard areas e.g. construction techniques of hazard protection works on land adjacent to the coastal marine area (refer to the coastal setbacks in the Zone chapters) and the requirement of specialist engineering reports where development of land is likely to be affected by coastal erosion, flooding or areas of instability. On the basis of this assessment, the Natural Hazards Chapter with amended policies and methods, to response to the specific objectives identified for this Chapter, is considered by Council, the most appropriate solution to achieve the objectives and anticipated outcomes for rural activity and development for the district. b. Costs and Benefits of Specific Policies Appendix B examines the costs and benefits of the proposed policies and methods. Appendix B also includes an assessment of the risk of acting/not acting and the risk of not having the objectives, policies and methods proposed in the Natural Hazards Chapter. The assessment concludes that the benefits of the proposed policies and methods are appropriate when balanced against the costs and that these policies and methods are an efficient and effective approach to achieve the objectives of the Plan. Further evaluation will be undertaken to address and incorporate, as appropriate, costs and benefits identified by submitters through the ongoing plan development process Policies and Methods of this Chapter Addressed Elsewhere In addition to the policies and methods considered for the Natural Hazards Chapter, it is noted that a number of policies and methods of this Chapter are addressed elsewhere in the Plan, specifically this includes the following: c. Section 32 Summary for Rural, Residential and Business Zones Performance standards to control earthworks, vegetation clearance and setbacks of buildings and structures from water bodies. Excavation and Fill requiring resource consent when on a site known to be instable or prone to flooding. Performance standards which enable the setting aside of esplanade reserves or strips at the time of subdivision, along sections of coastline (which may be prone to erosion). Assessment criteria for all land use and subdivision resource consent applications within the above zones will include the consideration of effects on natural hazards. Specialist engineering reports may be required on the subdivision and use of land likely to be affected by coastal erosion, rising sea levels, flooding or stability sensitive land. Rules relating to the design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes. Assessment criteria for hazardous facilities which requires assessment of the presence of natural hazards which could adversely influence the inherent risks from a hazardous facility to the environment. Page 7-12

13 By requiring the establishment of Esplanade Reserves and Strips when land is subdivided in the District. d. Maps Inclusion of flooding susceptibility mapping provided by the Northland Regional Council as an Appendix to the District Plan Maps. 7.5 National Planning Documents While not part of the Section 32 assessment, the following is provided for completeness in understanding the development of the objectives and policies of this Chapter. It is noted that where the National Policy Statement (NPS) is proposed that no weight is afforded to the NPS New Zealand Coastal Policy Statements and National Policy Statements Section 75 (3) of the RMA states that a district plan must give effect to any New Zealand Coastal Policy Statement and any National Policy Statement. New Zealand Coastal Policy Statement 1 NZCPS policies relevant to this Chapter of the District Plan include Policies Overall, the Natural Hazards Chapter is considered to be consistent with and assists to implement the NZCPS. In particular, the following is noted: The chapter supports the ability of natural features such as beaches, sand dunes, and wetlands to protect subdivision, use, or development should be recognised and maintained, and where appropriate, steps should be required to enhance that ability. The chapter recognises that areas of the District are susceptible to hazards and acknowledges the direction of the NZCPS to map hazards within the district. The current hazard maps produced by the Northland Regional Council have been acknowledged in this plan. The chapter recognises dynamic coastal processes such as sea level rise through its policies. The chapter provides for new subdivision, use and development to be located and designed so that the need for hazard protection work is avoided through specific assessment criteria. Other National Policy Statements In addition to the NZCPS, there are three further National Policy Statements, some of which are still in proposed form (and therefore not required to be provided for): National Policy Statement on Electricity Transmission 2008; Proposed National Policy Statement for Renewable Electricity Generation; and Proposed National Policy Statement for Freshwater Management. 1 It is noted that a revised version of the NZCPS (the Proposed Coastal Policy Statement 2008) is proposed (the Department of Conservation have received public submissions and are now preparing for a nation wide Board of Inquiry hearing where submitters can be heard), but is not yet operative. Page 7-13

14 These NPSs are not specifically relevant to the objectives and policies of the Natural Hazards Chapter. 7.6 Regional Planning Documents Section 75(3) of the RMA states that a district plan must give effect to any regional policy statement and Section 75(4)(b) states that it must not be inconsistent with any regional plan Northland Regional Policy Statement The Operative Northland Regional Policy Statement (2002) (RPS) sets out the significant natural resource issues in the Northland Region, and a long-term strategy for their sustainable management. The RPS objectives relevant to the Natural Hazards Chapter include Objectives and The Natural Hazards Chapter gives effect to the Northland Regional Policy Statement by providing for: Improving public awareness of natural hazards as a means of helping the community to avoid such hazards. The avoidance and mitigation of adverse natural hazards effects by minimising and where practicable, avoiding the risk to life and damage to property, infrastructural services and other aspects of the environment, from natural hazard events. Through matters for assessment in subdivision and land use applications. In this respect, it is considered that the Natural Hazards Chapter gives effect to relevant matters of the Regional Policy Statement. As noted, other Chapters of the Plan give further effect to other matters and objectives Northland Regional Plan Section 75(4) of the RMA states that a district plan must not be inconsistent with a regional plan for any matter specified in section 30(1). The Natural Hazards Chapter recognises the role of the Northland Regional Council in managing water and soil resources; the Natural Hazards Chapter complements the Regional Plans by providing objectives and policies providing for the avoidance of natural hazards and the mitigation of natural hazard effects. The chapter recognises: Excavation and Fill provisions; Vegetation Clearance provisions; Esplanade Reserve Terms of Subdivision; The Northland Regional Council Flood Susceptibility Maps included for information purposes in the District Plan; Information requirements to identify areas prone to flooding, land instability, coastal erosion and inundation. Acknowledging the responsibilities of the Regional Council and undertaking flood hazard mapping in partnership with the Council. Jointly establishing a monitoring programme with the Regional Council to monitor the effects of identified natural hazards and the effectiveness of policies aimed at reducing risk of life, property and environment within these areas. Page 7-14

15 Overall the District Plan is not inconsistent with the objectives, policies and methods any of the above Northland Regional Plans. 7.7 Summary for Chapter The evaluation of the proposed objectives and policies for the Natural Hazards Chapter has shown that they are appropriate. The proposed objectives will assist in achieving the purpose of the Act. Similarly, having regard to their costs and benefits, the proposed policies, rules and other methods have been shown to be the most appropriate way of achieving the proposed objectives. It has been clearly shown that the provisions proposed of the Natural Hazards Chapter will promote the sustainable management of the natural and physical resources of the Kaipara. As such, it is considered that the requirements of Section 32 of the RMA have been met with respect to the objectives, policies, rules and other methods proposed for the Natural Hazards Chapter of the Proposed Kaipara District Plan Page 7-15

16 Appendix A Are the Policies & Methods the Most Appropriate Way to Achieve the Objectives? Policy/Method Objective Are the Policies/Methods Most Appropriate for Achieving Objectives? Policy By considering the potential for development, subdivision and land use activities including: a) Vegetation clearance b) Draining of wetlands c) Changes in overland flow paths and storm water d) Changes to riparian margins e) Earth works f) Land reclamation to exacerbate any natural hazard on-site or off-site, and avoiding such activities, unless it can be demonstrated that the adverse effects can be mitigated, remedied or avoided. Methods include: Performance standards to control earthworks, vegetation clearance and setbacks of buildings and structures from water bodies in the Zone Chapters. Performance standards which enable the setting aside of esplanade reserves or strips at the time of subdivision, along sections of coastline (which may be prone to erosion) in the Zone chapters. Assessment criteria for all land use and subdivision resource consent applications within the above zones will include the consideration of effects on natural hazards. Specialist engineering reports may be required on the subdivision and use of land likely to be affected by coastal erosion, rising sea levels, flooding or stability sensitive land. Mapping of flood susceptibility areas included for information purposes. Methods to maintain land information register with information relating to flood hazard areas, instable land etc Policy By controlling the location, intensity, design and type of new coastal subdivision and land use so that the need for hazard protection works are avoided or minimised. Methods include: Performance standards to control earthworks, vegetation clearance and setbacks of buildings and structures from water bodies in the Zone Chapters. This policy is most appropriate for achieving Objectives and This policy is most appropriate for achieving Objectives 7.5.2, and Natural hazards are often exacerbated by development, subdivision and land use activities through the clearance of vegetation, increase in impervious surfaces, changes in overland flow paths, changes to riparian margins, earthworks, draining of wetlands and reclamation of land. The adverse effects often occur off-site and downstream of the activities (e.g. flooding downstream as a result of vegetation clearance). Although there is some understanding of natural processes, it is often difficult to pin-point the exact causes of the changes in the natural systems and therefore, what causes the worsening of the hazard. This is compounded when the changes in natural hazards are the cumulative result of development and activities, and not just the result of a single development or subdivision. Therefore this policy is appropriate because development, subdivision and land use should be assessed on the basis that they may exacerbate hazards and this should be taken into account when developing sites. In many instances, the use of coastal hazard protection works is futile and does not achieve acceptable environmental outcomes. Effective hazard management would be to avoid the hazard. The policy / methods are appropriate because In the coastal environment this can usually be achieved by setting back Page 7-16

17 Policy/Method Objective Are the Policies/Methods Most Appropriate for Achieving Objectives? Performance standards which enable the setting aside of esplanade reserves or strips at the time of subdivision, along sections of coastline (which may be prone to erosion) in the Zone chapters. Assessment criteria for all land use and subdivision resource consent applications within the above zones will include the consideration of effects on natural hazards. Specialist engineering reports may be required on the subdivision and use of land likely to be affected by coastal erosion, rising sea levels, flooding or stability sensitive land. Further detailed mapping of flood hazards proposed. Recognition of building act provisions. Policy By considering the potential adverse impacts of development on flood flow paths of rivers and the efficient functioning of natural drainage systems in subdivision, land use and development. Methods include: Performance standards to control earthworks, vegetation clearance and setbacks of buildings and structures from water bodies in the Zone Chapters. Performance standards which enable the setting aside of esplanade reserves or strips at the time of subdivision, along sections of coastline (which may be prone to erosion) in the Zone chapters. Assessment criteria for all land use and subdivision resource consent applications within the above zones will include the consideration of effects on natural hazards. Specialist engineering reports may be required on the subdivision and use of land likely to be affected by coastal erosion, rising sea levels, flooding or stability sensitive land. This policy is most appropriate for achieving Objectives and subdivision and development from the coast, thus allowing natural processes to continue without endangering people and property. Activities located in the flood paths of rivers and streams have the potential to interfere with the flow of floodwater. This may increase the adverse effects of the flooding upon human health and safety, property and infrastructure. To reduce the degree of flooding hazards development in natural flood plains should be avoided. There should be protection of existing natural processes and features that have the potential to minimise the effects of natural hazards. As such, the policies / methods are appropriate because riparian margins including associated vegetation act to mitigate the effects of flooding and therefore should be retained in their natural form. Policy By taking into account Climate Change and sea level This policy is most appropriate for The projected a model based range in global sea level rise of Page 7-17

18 Policy/Method Objective Are the Policies/Methods Most Appropriate for Achieving Objectives? rise, as predicted by the Intergovernmental Panel of Climate Change or Royal Society of NZ 2, when assessing development in areas potentially affected. Methods include: Assessment criteria for all land use and subdivision resource consent applications within the above zones will include the consideration of effects on natural hazards. Specialist engineering reports may be required on the subdivision and use of land likely to be affected by coastal erosion, rising sea levels, flooding or stability sensitive land. Policy By making information on known natural hazards available to the public to assist them with making informed resource management decisions. Methods include: Incorporating the Northland Regional Council s flood susceptibility maps into the District Plan Map Appendices. Increasing public awareness on natural hazard avoidance. Maintaining council natural hazard databases. achieving Objective This policy is most appropriate for achieving Objective about m by the mid 2090, by the Intergovernmental Panel on Climate Change (2007), will exacerbate both erosion and flooding from the sea and from other climatic changes (e.g. increasing storm events), providing a cumulative threat to buildings or structures situated within close proximity to the sea and in some cases waterways. The policy adopts a precautionary approach to this hazard by ensuring that sea level rise is considered for all development in close proximity to the sea. Information provision can provide a better understanding of the potential threats from natural hazards. It is anticipated that more informed decision making will occur if information is provided. 2 New Zealand climate change info: and Page 7-18

19 Appendix B Costs and Benefits of Each Policy Stakeholders Policy Policy By considering the potential for development, subdivision and land use activities including: a) Vegetation clearance b) Draining of wetlands c) Changes in overland flow paths and storm water d) Changes to riparian margins e) Earth works f) Land reclamation to exacerbate any natural hazard on-site or off-site, and avoiding such activities, unless it can be demonstrated that the adverse effects can be mitigated, remedied or avoided. Policy By controlling the location, intensity, design and type of new coastal subdivision and land use so that the need for hazard protection works are avoided or minimised. Benefits / Costs (Environmental, Social, Cultural and Economic) BENEFITS Contributes to the management of natural hazards both on site and on adjoining sites (e.g., stream bank and coastal margin erosion, flooding) and protect natural character and ecosystems. Contributes to general safety and wellbeing of the community. COSTS Restrictions through management and consent processes on land use adjoining rivers, lakes and coast. Restrictions on development in flood sensitive areas. BENEFITS Contributes to the management of natural hazards both on site and on adjoining sites (e.g. stream bank and coastal margin erosion, flooding) and protect natural character and ecosystems. Contributes to general safety and wellbeing of the community. COSTS Restrictions through management and consent processes on land use adjoining rivers, lakes and coast. Restrictions on development in flood sensitive areas. Landowners Business Council General Public Maori Recreation user Northland RC Other Risk of Acting/ Not Acting This has only been completed where there is considered relevant uncertainty regarding the subject matter of the policy/method While it is recognised that areas of the District are susceptible to hazard, there is uncertainty regarding detailed geographic areas of impact. The costs of mapping hazard areas needs to be balanced with the potential risks of hazard impacts, particularly given the low levels of growth and development pressure for large areas of the District. The Council will develop in collaboration with the NRC databases to assist in identifying hazard sensitive land in the future. The risk of not acting and not providing provisions for natural hazards in the meantime could result in potential natural hazards due to inappropriate development in these areas. There are other means such as through consent notices and geotechnical reports to identify hazard areas. The risk of acting is costs associated with regulation and enforcement. Page 7-19