Designations and Outline Plans

Transcription

1 Designations and Outline Plans Andrea Rickard - Technical Director: Planning Fiona Blight - Associate: Planning 24 June 2010

2 Purpose of this session Review the RMA provisions for designations and outline plans Discuss the recent and possible future RMA changes Examine some case studies

3 Historical Context Designations have been provided for in legislation since the Town and Country Planning Act 1953 Mechanism to provide for the establishment and operation of essential services or public works infrastructure Only available to Requiring Authorities They are personal to the Requiring Authority

4 What is a Designation? Used in a District Plan for: Consenting a public work or infrastructure Identifying land or restrictions needed to undertake the work Protecting land from being used in a way that might hinder the designated purpose Provides, through land protection, lead time to acquire land or rights Lapse periods specified (default of 5 years, often longer) Like a spot zone Shown on District Planning maps (and in any relevant schedules) notated as to its purpose (e.g. school, motorway) Confirmed Designations supersede district plan rules but underlying zoning remains Ability to use land for other activities

5 Auckland City District Plan: Isthmus Section

6 Manukau Operative District Plan: Map 43

7 Who are Requiring Authorities? A Minister of the Crown A local or regional authority A network utility operator approved by the Minister for the Environment

8 Requiring Authorities include

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10 Network Utility Operators Defined in Section 166 of the Act and include: Gas, petrol or geothermal energy distributor Radio and telecommunications operator Electricity distributor Water supplier or undertakes drainage/sewerage systems Road or rail constructor / operator Airport authority / airport approach service provider

11 A designation is very useful to have because. Provide for public works and infrastructure activities that would not generally be provided for under a District Plan Use the land for the purpose it is designated Control all activities on designated land Compulsorily acquire land under the Public Works Act Enter private land to undertake investigations Decision making is retained with Requiring Authority Protection of land takes effect from serving designation

12 Designations A designation can be included in a District Plan in two ways: As a new designation; or Rolled over from a previous District Plan A new designation is assessed for public notification (this is a key change under the 2009 amendment) A rolled over designation is notified along with the reviewed district plan A designation that exists may be altered Two non-notification tests for alterations (this is a key change under the 2009 amendment) A local authority may designate land within its own jurisdiction

13 The up front process for new designations Prepare a Notice of Requirement (NOR) Subject to Part 2 Objectives Necessity of the designation or works to achieve the objectives Consideration of alternative sites, routes or methods (when the land is not owned; or significant adverse effect) need to demonstrate a robust process can consider do nothing don t have to choose best alternative Effects on the environment Relevant national, regional, district policy framework Land Requirement plans and schedule The nature of any restrictions Any other matters

14 Case Study: Marsden Point Rail Line

15 Case Study: Marsden Point Rail Line New designation Long term planning mechanism NOR Objectives include: Protect a rail corridor through using designation process to secure land required for the construction, operation and maintenance of the railway Link the port at Marsden Point to the National Rail network via the North Auckland Rail Line Offer an alternative port in the upper North Island serviced by rail Provide an alternative safe and sustainable transport option for moving freight in Northland Assist in accommodating future economic growth in Northland

16 Case Study: Marsden Point Rail Line Alternatives process: throughout life of project Options constrained by operational requirements Started with broad corridor options Alignment changes on preferred corridor Minor changes on individual properties Consultation key Management of environmental effects avoided, remedied, mitigated: through alternatives process through management plan process during construction through ecological enhancement

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22 The Council process New: serve on the District Council NOR to designate land Alter: give notice to the District Council of requirement to alter designation A NOR / alteration relates to land use & may or may not be accompanied by applications for regional resource consents A Council cannot refuse to accept a NOR or an alteration The Council can ask for further information on a NOR Under section 92 consent authority can at any reasonable time before the hearing request further information or commission an expert report If an alteration meets section 181(3) no ability to ask for further information

23 The Council process continued The NOR is assessed for notification The alteration is assessed against non-notification tests Public notification process same as for resource consents

24 Decision Making Hearings may be held on notified NOR s The Council will make a recommendation that the NOR be confirmed, modified, or rejected The NOR objectives can not be challenged Requiring authority can accept or reject the Council recommendation in its decision Recourse (appeal) is to the Environment Court Once the NOR is confirmed the Council must include it in its District Plan

25 Projects that cross multiple District Plans Separate NOR is made for each District Plan Difficulties: Different information can be needed Different changes requested from each Council Different lengths of time to process Solutions: Integrated processing Develop common design elements/templates Develop liaison programme with Councils Consistency in RA decision-making Separate Outline Plans

26 For example

27 Outline Plan 176A When giving effect to a designation, the Requiring Authority can submit an Outline Plan to the Council In some circumstances the Outline Plan can be waived An Outline Plan cannot be rejected under section 88 Section 92 does not apply Council has 20 working days to accept an Outline Plan or request changes The Requiring Authority may accept, in part or in full or reject Recourse is to the Environment Court

28 Case Study: Vic Park Tunnel

29 Case Study: Vic Park Tunnel Alteration to designation & new designation 2 District plans 5 NORs Issues: Construction effects Heritage Urban design Visual & Landscape Contamination Multiple landowners Noise

30 Case Study: Vic Park Tunnel

31 Case Study: Vic Park Tunnel

32 Case Study: Vic Park Tunnel Option of an Outline Plan waiver in conditions Management Plan framework

33 Outline Plans in the media

34 Key 2009 RMA changes Notification: Old all new designations publicly notified New notification tests now apply (sections 95A to 95F) Introduction of the Environmental Protection Authority (EPA)

35 EPA Proposal of National Significance Can serve NOR on EPA Interim effect of designations now refers to the EPA as well as Councils EPA cannot reject NOR Ability to seek further information under s149 Then, the EPA has 20 working days to recommend to the Minister: Board of Inquiry Environment Court; or Refer to TLA

36 RM (Requiring Authorities) Amendment Bill Bill introduced to house in late 2009 Seeks to strengthen test for becoming a Requiring authority Strengthen through requiring the project, work, or network utility operations to be necessary rather than appropriate (which is current scenario); and By now requiring that the project, work or network utility operations are in the public interest

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39 Questions