13 Section 32 Summary for the Residential Chapter

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1 13 Section 32 Summary for the Residential Chapter The purpose of this section is to present a summary of the evaluation of the objectives, policies and methods of the Residential Zone Chapter of the Proposed District Plan (October 2009), under Section 32 of the Resource Management Act Issues for the District Residential Following the Operative Plan review, and the Issues and Options assessment, including Council workshops and community consultation (see Part A of the Evaluation Summary Report), the following Issues have been identified for the Residential Zone: The form and scale of development may adversely affect the amenity of residential areas and the built environment There are a number of residential centres in the Kaipara District, with the largest of these around the centres of Dargaville, Mangawhai, Maungaturoto and Kaiwaka. The residential areas are supported by commercial centres (shops and employment areas), social infrastructure (e.g. schools, libraries and other community facilities) and utility infrastructure (wastewater, water supply, electricity etc). Unmanaged subdivision can lead to a scale and pattern of built form which is not compatible with the existing character and amenity of adjoining land uses. District Plan Issues: The form and scale of residential development has the potential to adversely affect the amenity of residential areas and the built environment. Unmanaged land clearance activities (e.g. earthworks and vegetation removal) have the potential to adversely affect residential amenity. Lack of linkages (e.g. pedestrian, vehicular, open space) between residential areas has the potential to adversely impact on the amenity, health and wellbeing of communities. Potential adverse impacts on visual amenity may occur from poorly maintained sites and buildings, including relocated buildings during development The maintenance and enhancement of public access to and along the coast, lakes and rivers Residential development and land use can restrict public access to the coast, lakes and rivers, for example by the subdivision pattern and layout / location of private roads and accesses. Management of development and subdivision is required to maintain and where possible enhance public access to these natural environments. District Plan Issue: Land use and development has the potential to restrict public access to and along the coast, lakes and rivers Page 13-1

2 The inability to provide adequate services for residential growth may affect the environment New subdivision and development in residential areas requires the provision of adequate service infrastructure in a manner that minimises adverse effects on the environment, particularly sensitive receiving environments. In situations where no reticulated services are available for new residential developments, it must be demonstrated that all allotments are suitable for on-site servicing. District Plan Issue: The inability to provide adequate services for residential growth has the potential to adversely affect the environment, particularly sensitive receiving environments Residential Zones are Vital for the Communities Social and Economic Wellbeing A range of commercial activities can widen the income base of residential households, create employment in the area and provide essential services that are conveniently located for residential communities. There is a need to accommodate a variety of activities in the Residential Zone, while avoiding or mitigating any potential adverse effects on the community, other residential activities and the environment. District Plan Issue: Economic opportunities provide for prosperity in the District. Without provisions for these opportunities, the social wellbeing of the community has the potential to be adversely impacted Objectives Proposed for the Residential Chapter Part A of this Section 32 Evaluation Summary Report provides a methodology for the assessment of objectives Examining the Appropriateness of the Objectives Objective To maintain and, where appropriate, enhance the amenity values of the residential environment. This objective aims to manage residential development so that development can be of a scale and pattern of built form which is compatible with the existing character and amenity of adjoining land uses. a. Evaluation RMA Provision s5(2)(a) s5(2)(b) s5(2)(c) Evaluation The objective does not explicitly aim to sustain the capacity of natural and physical resources for future generations; however the objective aims to maintain and where appropriate enhance the amenity values of the residential environment. While the needs of future generations are not explicitly stated, the maintenance and possible enhancement is for the benefit of the public and future generations. The objective does not explicitly seek to protect the life-supporting capacity of natural and physical resources The objective aims to manage residential development so that development Page 13-2

3 Social wellbeing Economic wellbeing Cultural wellbeing Health and safety s6 s7 s8 Response to Issues can be of a scale and pattern of built form which is compatible with the existing character and amenity of adjoining land uses. Such management provides for the avoidance, remediation and mitigation of potential adverse effects. Social wellbeing is explicit in the provision for maintaining and enhancing amenity values of the residential environment. Economic wellbeing is not explicit in this objective. However business activities may be able to locate in the Residential Zone where amenity values are maintained or where possible enhanced. Cultural wellbeing is not explicitly provided for in this objective, though amenity values are considered to contribute to cultural wellbeing of the community. Health and safety is not specifically referred to in this objective. This objective does not provide for this. The objective has particular regard to: s7(c) The maintenance and enhancement of amenity values; s7(f) The maintenance and enhancement of the quality of the environment. This objective does not provide for this. The form and scale of residential development has the potential to adversely affect the amenity of residential areas and the built environment. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, allowing the maintenance and, where appropriate, enhancement of the amenity values of the residential environment. c. Outstanding issues Nil, Objective To ensure that the servicing of new subdivision and development does not adversely affect the environment, particularly sensitive receiving environments. This objective aims to manage new subdivision and development in residential areas by requiring the provision of adequate service infrastructure in a manner that minimises adverse effects on the environment, particularly sensitive receiving environments. In situations where no reticulated services are available for new residential developments, it must be demonstrated that all allotments are suitable for on-site servicing. a. Evaluation RMA Provision s5(2)(a) s5(2)(b) Evaluation The objective does not explicitly aim to sustain the capacity of natural and physical resources for future generations. However, the objective aims to avoid adverse effects on the environment from the servicing of new subdivision and development which could possibly affect natural and physical resources in the future. Therefore it is considered implicit to this objective. The objective aims to provide for servicing of new subdivision and development that does not affect the environment, in particular sensitive receiving environments. This relates to safeguarding the life-supporting Page 13-3

4 s5(2)(c) Social wellbeing Economic wellbeing Cultural wellbeing Health and safety s6 s7 s8 Response to Issues capacity of natural and physical resources. The objective aims to provide for subdivision and development where the servicing does not adversely affect the surrounding environment. This provides for the avoidance, remediation and mitigation of potential adverse effects. It is noted that this is particularly important to development near sensitive receiving environments. Social wellbeing is implicit in the provision for residential activities through this objective, though not specifically provided for. Economic wellbeing is not explicitly provided for. Cultural wellbeing is not explicitly provided for in this objective. However, it is noted that the target of sensitive receiving environments is determined on the basis of their cultural value (both for tangata whenua and the wider community, as identified in Kaipara s Future Working Together (LTCCP)). Health and safety is provided for in this objective, which seeks to avoid future adverse impacts on people and the environment from inappropriate servicing of residential activities. The objective has recognised and provided for: s6(a) the preservation of the ecological and natural process of the coastal environment (contributing to natural character); s6(c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna, particularly where these relate to sensitive receiving environments s6(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources; s7(c) The maintenance and enhancement of amenity values; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not specifically provide for this. The inability to provide adequate services for residential growth has the potential to adversely affect the environment, particularly sensitive receiving environments. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, balancing the needs of the community to provide for their social wellbeing with the needs to protect the environment. In particular the objective targets the provision of avoiding potential adverse effects on sensitive receiving environments, those areas of the District which are particularly valued or where discharges have the potential to have the greatest resulting adverse impact. c. Outstanding issues Nil. Page 13-4

5 Objective To maintain and enhance public access to the coast, rivers and lakes as a result of land use and subdivision development. This objective aims to manage subdivision patterns, land use activities and the layout of private roads so that public access to the coast is maintained and made available for the enjoyment of the public. 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 ability for the public and future generations to access coasts, rivers and lakes and enjoy these natural features. The objective aims to manage residential land uses and subdivision development where these have the potential to adversely impact on enabling public access to the coast, rivers and lakes. Such management will contribute to safeguarding the life-supporting capacity of these natural resources. The objective aims to manage residential land uses and subdivision development where they have the potential to adversely impact on providing public access to the coast, rivers and lakes. Such management provides for the avoidance, remediation and mitigation of potential adverse effects. Social wellbeing is explicit in the provision for public access to the coast, rivers and lakes through this objective. Economic wellbeing is implicit in the provision of public access to the coast rivers and lakes through this objective, though not specifically provided for. Cultural wellbeing is not explicitly provided for in this objective. However, cultural wellbeing is implicit as this objective provides public access to the coast, rivers and lakes. Health and safety is not specifically referred to in this objective. However, the objective does seek to achieve public access to the coast, rivers and lakes. Enabling safe access to the coast, rivers and lakes 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. s6(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources; s7(c) The maintenance and enhancement of amenity values; s7(f) The maintenance and enhancement of the quality of the environment. The objective takes into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), though not explicitly, by providing for maintenance and provision of access to the coast, lakes and rivers, recognised taonga in the District (as identified in Te Uri o Hau s Draft Iwi Management Plan). Land use and development has the potential to restrict public access to and along the coast, lakes and rivers. b. Overall assessment Page 13-5

6 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 By managing the effects of those activities which have the potential to adversely affect residential amenity (e.g. building location, earthworks and vegetation clearance). Land modification activities can result in the creation of areas of bare earth and can alter the shape and appearance of the natural landform. This has the potential to adversely affect the existing character and amenity values of residential areas where such activities are not appropriately managed. This objective aims to manage the effects of those activities to maintain residential amenity. 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 does not explicitly aim to sustain the capacity of natural and physical resources for future generations, however, the objective aims to avoid adverse effects on residential amenity which could possibly affect natural and physical resources in the future. Therefore it is considered implicit to this objective. The objective does not explicitly relate to safeguarding the life-supporting capacity of natural and physical resources. The objective aims for the avoidance, remediation and mitigation of potential adverse effects which may adversely affect residential amenity. Social wellbeing is implicit in the provision for residential activities and residential amenity through this objective, though not specifically provided for. Economic wellbeing is implicit in the provision for residential activities through this objective, though not specifically provided for. Cultural wellbeing is not explicitly provided for in this objective. Health and safety is not explicitly provided for in this objective. The objective does not specifically provide for this. The objective has particular regard to: s7(c) The maintenance and enhancement of amenity values; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not specifically provide for this. Unmanaged land clearance activities (e.g. earthworks and vegetation removal) have the potential to adversely affect residential amenity. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, balancing the needs of the community to provide for their social and economic wellbeing with the need to protect the environment. In particular, the objective manages the effects of those activities which have the potential to adversely affect residential amenity. Page 13-6

7 c. Outstanding issues Nil. Objective To enhance linkages (e.g. pedestrian, vehicular, open space) between adjoining residential uses. The lack of provision of linkages between new and existing residential areas can lead to isolation within communities, and place increased pressure on Council s roading infrastructure networks. Ensuring residential areas are linked through the provision of a network of pedestrian, vehicular and open space linkages creates increased passive recreation opportunities, which in turn can benefit the amenity, health and wellbeing of a community. 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 aims to sustain the capacity of natural and physical resources for future generations by providing and enhancing physical linkages between adjoining residential uses. The objective aims to enhance linkages which include open space linkages. This seeks to safeguard the life-supporting capacity of the natural and physical resources which enhance the quality of the residential environment. The objective aims to avoid potential adverse effects in the future by enhancing linkages between adjoining residential uses. Social wellbeing is not explicitly provided for in the provision for enhancing linkages to improve the quality of the residential environment; however improved linkages can in turn benefit the amenity, health and wellbeing of a community. Economic wellbeing is implicit in the provision for enhanced linkages. Efficient pedestrian and vehicular linkages can improve economic wellbeing. Cultural wellbeing is not explicitly provided for in this objective. Health and safety is not explicitly provided for in this objective. However enhanced linkages can benefit the health and wellbeing of the community. The objective does not specifically provide for this. The objective has particular regard to: s7(b) The efficient use and development of natural and physical resources; s7(c) The maintenance and enhancement of amenity values; s7(f) The maintenance and enhancement of the quality of the environment. The objective does not specifically provide for this. Lack of linkages (e.g. pedestrian, vehicular, open space) between residential areas has the potential to adversely impact on the amenity, health and wellbeing of communities. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, balancing the importance of residential uses with the ability to provide provision of a network of pedestrian, vehicular and open space linkages which creates increased passive recreation opportunities, which in turn can benefit the amenity, health and wellbeing of a community. Page 13-7

8 c. Outstanding issues Nil. Objective To maintain sites and buildings during development to avoid adverse visual amenity effects. This objective seeks for the maintenance of sites under development to ensure that construction and land modification activities being undertaken, while often temporary in nature; do not lead to adverse amenity affects on the surrounding environment and adjoining land uses. 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 does not explicitly provide for s5(2)(a). The objective does not explicitly provide for the life supporting capacity of natural and physical resources. The objective aims to avoid potential adverse visual amenity effects from sites and buildings during development. Social wellbeing is implicit in the provision for the avoidance of adverse visual amenity effects. Economic wellbeing is not provided for in this objective. Cultural wellbeing is not explicitly provided for in this objective. Health and safety is not provided for in this objective. The objective does not specifically provide for this. The objective has particular regard to: s7(c) The maintenance and enhancement of amenity values. The objective does not specifically provide for this. Enables potential adverse impacts on visual amenity from poorly maintained sites and buildings to be avoided, remedied and mitigated. b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, balancing the importance of development and construction with the potential for these activities to generate adverse visual effects. c. Outstanding issues Nil. Objective To recognise business and economic activity that enables people and communities of the District to provide for their social, economic and cultural wellbeing, while avoiding adverse effects (including reverse sensitivity effects) on the environment. This objective seeks to provide for a range of activities in the Residential Zone that enables people to provide for their social, economic and cultural wellbeing. There is a need to provide for a variety of activities, while avoiding or mitigating any adverse effects (including reverse sensitivity effects) on the community, and the environment. Page 13-8

9 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 aims to sustain the capacity of business activity (a physical resource) in the future by recognising that the Plan should provided and protect opportunities for these. The life supporting capacity of natural and physical resources is not explicitly provided for in this objective. The avoidance, remedying or mitigating of adverse effects of activities is not explicitly mentioned. Social wellbeing is explicit in the provision for business activities through this objective, allowing for a range of economic and business opportunities that are essential for people and communities to provide maintain the social and community fabric; their social wellbeing. Economic wellbeing is explicit in the provision for business activities through this objective, allowing for a range of economic and business opportunities that area essential for people and communities. Cultural wellbeing is explicit in the provision for a range of economic and business opportunities including those that contribute to cultural wellbeing. Health and safety is not explicitly provided for in this objective The objective recognises and provides opportunity to provide for: s6(e) the relationship of Maori and their culture and traditions, though recognition of activities that provide for cultural wellbeing; s6(f) the protection of historic heritage through reuse and other business and economic activities that provide for social wellbeing; and s6(g) the protection of recognised customary activities, as they contribute to cultural wellbeing. The objective has particular regard to: s7(a) and (aa) the ethic of stewardship and kaitiakitanga as these are factors of social and cultural wellbeing; s7(b) The efficient use and development of natural and physical resources. The objective takes into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi), by providing opportunity for the community and tangata whenua to undertake activities that contribute to cultural wellbeing Enables the community to provide for business activities providing for their social wellbeing b. Overall assessment The objective is considered appropriate in achieving the purpose of the Act, recognising the importance of business activity (as a finite resource contributing to the community s economic wellbeing). c. Outstanding issues Nil. Page 13-9

10 13.3 Evaluation of the Policies and Methods Part A of this report provides an overview of the methodology for the Section 32 assessment of policies and methods. It is noted that, given the structure of the Plan, those policies and methods which are included in the Residential 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 for the relevant chapter. Appendix A summarises an evaluation 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 Residential 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 plans policies and rules as a means of achieving the objectives (i.e. maintaining the status quo). Option 2 - Use of more restrictive policies and rules as a method of achieving the objectives. Option 3 - Use of a combination of policies, performance standards, rules, incentive mechanisms and non-regulatory methods to achieve the objectives. It is noted that the assessment of non-regulatory, methods, maintaining the provisions of the Operative District Plan and a review of the Plan are considered in section 3 of this report for the entire Plan Review. Option 1 - Retaining the operative plans policies and rules as a means of achieving the objectives Under Option 1, the general direction and intent of the Residential Chapter would not be altered as part of the district plan review. Benefits Environmental Costs Environmental Some activities which are permitted by the Plan are considered to be generating potentially adverse effects, particularly associated with discharges from the site (stormwater and wastewater). The adverse effects of these activities have limited control under the Operative Plan (particularly stormwater), may have adverse effects on the environment and do not address the specific objectives of the Proposed Plan, particularly with respect to recognising and protecting sensitive receiving environments from inappropriate development. Natural character of coastal environments in settlements can relate to site size and current plan provides a standard lot size across the District, with the exception of beach front in Mangawhai. Cost to Page 13-10

11 the environment, particularly natural character. Social and Economic Development controls which are readily understood by the community and ensure the maintenance of the residential character. Benefit to community generally. Social and Economic Expectation by the community that the amenity / character of the residential environment can be adequately controlled through the Plan provisions, which is not currently the case. This is particularly the case where objectives and policies not currently well aligned, so ability to achieve objectives limited by the provisions of the Plan. Cost to the community generally. Policies and rules which do not clearly relate to or achieve the objectives of the residential zone in a number of instances, or provide clear direction on matters to be considered when rules exceeded (e.g. setbacks). Clarity of the Plan adversely affected. Costs to all parties using and administering the plan. Some issues important to the community (e.g. as identified in the LTCCP or in complaints and submissions received on resource consents) not identified in the Plan and therefore limited scope for these issues to be managed by the Plan. Cost to the community generally. Residential amenity in settlements can relate to site size and current plan provides a standard lot size across the District, with the exception of beach front in Mangawhai. Cost to communities and residents generally. 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 Residential 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 - Use of policies and rules which are more restrictive (i.e. requiring discretionary activity resource consent) for all activities and developments within the Residential Zone as a means of achieving the objectives Benefits Environmental Costs Environmental Rigid control on buildings and activities within the residential zone which would ensure that effects on environment could be strictly protected and controlled. Natural character of coastal environments in settlements can relate to site size and current plan provides a standard lot size across the District, with the exception of beach front in Mangawhai. Restrictive control of lot sizes in sensitive areas Page 13-11

12 provides opportunity to achieve environmental outcomes. Benefit to the environment, particularly natural character. Social and Economic Social and Economic Increase in direct compliance costs in time and money for people wanting to undertake development as resource consent would be required for all developments. Cost to all people undertaking any development. Increased number of resource consents being processed by council and consequently increasing need for additional resources to meet statutory deadlines. Increased number of assessments by council on whether resource consents should be notified or not. A large proportion of these resource consents would have a scale of effects which do not warrant consent. Cost to the public generally. Lack of ability to undertake any type or scale of development as of right. Cost to all people undertaking any development. Lack of alignment with objectives to provide for business and economic growth in the District, which could have wider social and economic consequences for the community. Residential amenity in settlements can relate to site size and current plan provides a standard lot size across the District, with the exception of beach front in Mangawhai. Increased management, restricting lot sizes and increasing development controls (e.g. targeting setbacks and built form) would recognise residential amenity. Benefit to communities and residents generally. Increased management, restrictive lot sizes (with limited flexibility) and development controls would restrict design innovation, does not recognise individual site characteristics and risks impacting adversely on sense of place (impacts on the ethic of stewardship when people perceive they are being controlled). Cost to communities and residents generally. In general this option would impose rigid control on subdivision and activities within the Residential Zone, while having a limited environmental, social or economic benefit. It will impose unnecessary costs in money and time to a large proportion of residents. There are other means which are more efficient and effective in achieving an environmental, social or economic benefit while imposing less of a social or economic cost. The social and economic costs to residents, of undertaking this option, therefore outweighs any benefits which my result. Therefore Option 2 is not the most effective or efficient method of addressing the issues within the residential zone and consequently is not the most appropriate method of achieving the objectives. Sufficiency of information available Council has sufficient information on Option 2 to make a decision on the subject matter. Option 3 - Use of combination of policies, performance standards, rules, incentive mechanisms and non-regulatory methods to achieve the objectives (Preferred Option) Benefits Environmental Targeting management to the effect of those activities that are likely to generate greatest potential adverse Costs Environmental Allowing some activities to go unmanaged may result in adverse effects on the environment. Page 13-12

13 impacts likely to result in greater management and control of those activities. Inclusion of the setbacks, vegetation clearance and earthworks requirements will potentially improve the ecological diversity of the residential zone by requiring additional plants (eco sourced where practicable) to be established. Emphasis on voluntary and self regulation limits Council s ability to enforce conditions to achieve environmental outcomes, which may result in adverse effects on the environment. Inclusion of the requirements for activities that discharge from the site, including wastewater disposal, stormwater and earthworks will improve the environmental quality of receiving environments. Setting performance standards for building developments (e.g. height, traffic intensity, noise, setbacks) recognises the amenity of the residential environment and the necessity to have control within these locations Natural character of coastal environments in settlements can relate to site size and current plan provides a standard lot size across the District, with the exception of beach front in Mangawhai. Targeted management of lot sizes in sensitive areas provides opportunity to achieve environmental outcomes. Benefit to the environment, particularly natural character. Social and Economic Increase in variety of activities that can be undertaken within the zone, subject to performance standards being met Requiring standards for activities to be met or controlled by a restricted discretionary resource consent will ensure that a proposed building will be integrated with the character and amenity value of the coastal environment. Council has restricted its discretion to matters related to the scale, form (design), colour and materials and location of buildings. The opportunity for applications to be refused will give additional impetus for applicants undertaking developments to ensure a positive design outcome is achieved. This will have a social benefit for the community generally. Social and Economic Requiring new consents in the residential zone, particularly for subdivision activities will place a monetary cost on people to comply. Cost to all people undertaking development within the coastal amenity area. Rules and performance standards which manage the effects of activities, rather than activity lists is more difficult for lay users of the plan. The costs will be to lay users of the Plan. Providing for the effects of certain non residential activities through management of the effects of such activities, including reverse sensitivity setbacks recognises that these activities can be appropriate within the zone. Many of the proposed development controls, in this zone are the same as those within the operative plan. They are appropriate for such a residential environment and are well understood by the community. Benefit to the community generally. Residential amenity in settlements can relate to site size and current plan provides a standard lot size Page 13-13

14 across the District, with the exception of beach front in Mangawhai. Increased management, while providing for flexibility in lot sizes, to recognise residential amenity and sense of place. Benefit to communities and residents generally. 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 has sufficient information on Option 3 to make a decision on the subject matter. On the basis of this assessment, the Residential Chapter with amended policies and methods, to response to the specific objectives identified for this Chapter, is considered the most appropriate solution to achieve the objectives and anticipated outcomes for residential 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 Residential Zone. 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. c. Costs and Benefits of Specific Methods In addition to this, Appendix C provides a summary of the assessment of alternative policy and method options for specific provisions that have been considered as part of the determination for this Chapter of the District Plan Policies and Methods of this Chapter Addressed Elsewhere In addition to the policies and methods considered for the Residential 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: a. Section 32 Summary for Transport Chapter By requiring the provision of safe and practicable vehicular access from a public road to each site By ensuring that roads provided within subdivision sites are suitable for the activities likely to establish on them and are compatible with the design and construction standards of roads in the District roading network which the site is required to be connected to. Page 13-14

15 Subdividers and developers shall be required to accommodate within the design and layout of any subdivision or development any Structure Road or Structure Utilities identified on an approved Structure Plan within any Proposed New Urban Development Area. b. Section 32 Summary for Reserve Management Units By requiring the establishment of Esplanade Reserves and Strips when land is subdivided in the Residential Zone of the District. By facilitating the provision of public access to existing Esplanade Reserves and Strips in the District which are currently land locked or isolated from other public access areas. c. Section 32 Summary of Land Use and Development - Growth Areas By Council providing clear direction on the appropriate scale and location of residential and business activities across the District. Subdividers and developers shall be required to accommodate within the design and layout of any subdivision or development any Structure Road or Structure Utilities identified on an approved Structure Plan within any Proposed New Urban Development Area National Planning Documents While not part of the Section 32 evaluation, 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 it 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 1.1.1, 3.1.1, 3.2.1, 3.2.2, 3.2.5, 3.4.4, 3.4.5, 3.5.1, and It is noted that the District s coastal environment, is largely directed through the Harbour and Coast (Each and West Coast) Overlays. As such, the Plan gives effect to these objectives largely through the Overlay provisions, which are discussed in more detail in the Section 32 Summary Overlays. In addition, the Section 32 Summary Chapters for Reserve Management Units and Hazards are also relevant, giving effect to other key policy directions. Overall, the Residential Chapter is considered to be consistent with and assists to implement the NZCPS. In particular, the following is noted: The Residential Zone, through its objectives, policies and methods, seeks to avoid the cumulative adverse effects of subdivision, use and development in the coastal environment see also the Overlays Chapter and specific direction that is provided for in the coastal and harbours overlays; 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 13-15

16 The Residential Zone supports the avoidance, mitigation and remedy of the adverse effects of subdivision, use and development in the coastal environment; The avoidance, mitigation and remedy of the adverse effects of subdivision, use and development in the coastal environment are recognised through specific objectives and policies in the Residential Zone. This will primarily be achieved through directing subdivision, use and development away from areas which are inappropriate for development (for example, areas of high ecological, natural or amenity value) and by controlling those activities which have the potential to discharge contaminants to sensitive receiving environments (particularly the harbours and coast, both directly and via waterways); The Residential Zone has regard to the importance of minimising the impact of natural hazards on coastal development; The Residential Zone maintains public access to and along the coastal marine area. National Policy Statements In addition to the NZCPS, there are three further National Policy Statements, which are still in proposed form as well as a reviewed Coastal Policy Statement: National Policy Statement on Electricity Transmission 2008; Proposed National Policy Statement for Renewable Electricity Generation; and Proposed National Policy Statement for Freshwater Management. The Residential Chapter explicitly provides for wind generation activities (noise standards). The Network Utilities Chapter of the Plan provide for electricity transmission. A more complete review of the Plan would be required, once these statements were operative and if required a subsequent plan change would need to be undertaken to give effect to these 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 Residential Chapter include , , , , , , , and It is noted that other Chapters of the District Plan give more direct effect to the Regional Policy Statement. However, overall the Residential Chapter gives effect to the Northland Regional Policy Statement by providing for: Excavation and Fill, Vegetation Clearance, Contaminated Land and Hazardous Substances and General Subdivision criteria which contribute to the Soil Conservation and Natural Hazards management, supplementing the Northland Regional Council s own Regional Plan (discussed below); Coastal Management through the Coastal and Harbour Overlay provisions and Esplanade Reserve Terms of Subdivision; Biodiversity through the protection of vegetation, general terms of subdivision and the environmental benefit subdivision rules; Heritage Protection through the protection of natural and cultural heritage subdivision rules; and Page 13-16

17 Through matters for assessment in subdivision applications, particularly with respect to natural hazards. In this respect, it is considered that the Residential 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). While the Residential Chapter recognises the role of the Northland Regional Council in managing water and soil resources, the Residential Chapter complements the Regional Plans by providing rules including: Excavation and Fill provisions; Vegetation Clearance provisions Esplanade Reserve Terms of Subdivision; Biodiversity through the protection of vegetation, general terms of subdivision and the environmental benefit subdivision rules; Consideration of emissions, including dust and odour emissions, from activities on a site; and Heritage Protection through the protection of natural and cultural heritage subdivision rules. Overall, the District Plan is not inconsistent with the objectives, policies and methods any of the above Northland Regional Plans Other Strategic Documents There are three further important strategic documents Northland Regional Land Transport Strategy ( ) Overall, the Residential Zone is considered to have given appropriate regard to the objectives of the New Zealand Transport Strategy and the strategic direction of the Regional Land Transport Strategy. In particular, the following is noted: The Residential Zone includes vehicle access and on-site parking/loading provisions to manage access of the road network. The density of development that is permitted in the Residential Zone supports the existing road network and infrastructure. Higher living densities are concentrated in areas with adequate infrastructure, public transport, and walking opportunities to centres. Urban consolidation reduces pressure on the need to provide additional roads as a result of urban and coastal growth in undeveloped areas. It is noted that other Chapters of the Plan (e.g. Transport Network and Growth Chapters) give effect to other matters of the RLTS. Page 13-17

18 Kaipara s Future Working Together Long Term Council Community Plan ( ) In particular the outcomes of the Residential Zone include: The character (including social, environmental and natural values) of the residential environment will be retained. The amenity of these areas are maintained and protected while enabling compatible activities to be managed. The creation of a residential environment which provides for the social and economic needs of the District s communities through the sustainable management of natural and physical resources. Recognition is given to the need to provide for diverse compatible activities (e.g. home occupations). The LTCCP has been integral in guiding the District Wide Strategy and the Overlay and Land Use and Development Chapters Kaipara Reserves and Open Space Strategy The Residential Zone addresses the provisions for ROSS within the requirement for esplanade reserves / strips and the general subdivision assessment criteria though it is noted that this matter is further identified and discussed in the Reserve Management Unit Chapter of the Plan. Furthermore, it is noted that specific recognition is given to this Strategy, particularly for comprehensive developments (Management Plan subdivisions) Summary for Chapter The evaluation of the proposed objectives and policies for the Residential Zone 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 Residential Zone will promote the sustainable management of the natural and physical resources of the Kaipara Residential Zone. 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 Residential Zone of the Proposed Kaipara District Plan. Page 13-18

19 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 ensuring that subdivision and development does not unduly compromise the outlook and privacy of adjoining properties, and is compatible with the character and amenity of the surrounding environment. Methods include: Setback standards Dwelling densities Height standards Separation distance standards Private open space standards Building coverage standards Policy By requiring activities in residential areas to be sited, designed and operated in such a way that avoids remedies or mitigates adverse noise and traffic effects on health, safety and amenity values. Methods include: Setback standards Traffic intensity standards Noise standards Separation distance standards Relocated Dwellings Policy By requiring subdivision and development to demonstrate adequate service provision (including maintenance), and ensure the costs of any service upgrades are borne by the development. Methods include: Provision for the Extension of Services Subdivision Performance Standard Water Supply Subdivision Performance Standard Stormwater Disposal Subdivision Performance Standard Wastewater Disposal Subdivision Performance Standard This policy is most appropriate for achieving Objective This policy is most appropriate for achieving Objective This policy is most appropriate for achieving Objective This policy is appropriate because built form can impact the natural environment in both positive and negative ways. Managing the design and location of new and redeveloped structures can ensure that potential adverse amenity effects on adjoining residential land uses and the surrounding environment can be minimised. The location of some land uses, such as commercial or industrial activities and network utilities, can result in adverse noise, traffic, health, safety and amenity effects for existing residential land uses in the vicinity. This policy is appropriate because Non-residential activities wishing to locate within a residential environment must ensure they are sited, designed and located in such a way that any such adverse effects can be avoided, remedied or mitigated in order to fit in with the residential amenity and surrounds. This policy is appropriate because subdividers and developers will be required to ensure the provision of adequate roading and service infrastructure can adequately meet the demands of new subdivisions, and to avoid, remedy or mitigate adverse effects of development on the environment. This policy is appropriate because subdividers will be required to ensure that allotments can be provided with the necessary infrastructure services, such as the provision of water supply and disposal of wastewater and stormwater. In the first instance, connection to public reticulated services is preferred, but where such services are unavailable subdividers and developers will be required to demonstrate that adequate on-site services can be provided which will not Page 13-19