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AGENDA
Council Meeting |
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I hereby give notice that a Meeting of the Kapiti Coast District Council will be held on: |
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Date: |
Thursday, 24 March 2022 |
Time: |
9.30am |
Location: |
Online via Zoom |
Wayne Maxwell Chief Executive |
Council Meeting Agenda |
24 March 2022 |
Kapiti Coast District Council
Notice is hereby given that a meeting of the Kapiti Coast District Council will be held in the Online via Zoom, on Thursday 24 March 2022, 9.30am.
Council Members
Mayor K Gurunathan |
Chair |
Deputy Mayor Janet Holborow |
Deputy |
Cr Angela Buswell |
Member |
Cr James Cootes |
Member |
Cr Jackie Elliott |
Member |
Cr Gwynn Compton |
Member |
Cr Jocelyn Prvanov |
Member |
Cr Martin Halliday |
Member |
Cr Sophie Handford |
Member |
Cr Robert McCann |
Member |
Cr Bernie Randall |
Member |
Council Meeting Agenda |
24 March 2022 |
4 Declarations of Interest Relating to Items on the Agenda
7 Public Speaking Time for Items Relating to the Agenda
10.1 Draft Intensification Plan Change
10.2 Update on Local Alcohol Policy
10.3 Open Space Strategy for adoption
10.4 Amendments to the Council Delegations to Staff
10.5 Reports and Recommendations from Standing Committees and Community Boards
13 Confirmation of Public Excluded Minutes
Resolution to Exclude the Public
13.1 Confirmation of Public Excluded Minutes
1 Welcome
“As we deliberate on the issues before us, we trust that we will reflect positively on the communities we serve. Let us all seek to be effective and just, so that with courage, vision and energy, we provide positive leadership in a spirit of harmony and compassion.”
I a mātou e whiriwhiri ana i ngā take kei mua i ō mātou aroaro, e pono ana mātou ka kaha tonu ki te whakapau mahara huapai mō ngā hapori e mahi nei mātou. Me kaha hoki mātou katoa kia whaihua, kia tōtika tā mātou mahi, ā, mā te māia, te tiro whakamua me te hihiri ka taea te arahi i roto i te kotahitanga me te aroha.
4 Declarations of Interest Relating to Items on the Agenda
Notification from Elected Members of:
4.1 – any interests that may create a conflict with their role as an elected member relating to the items of business for this meeting, and
4.2 – any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968
7 Public Speaking Time for Items Relating to the Agenda
(a) Public Speaking Time Responses
(b) Leave of Absence
(c) Matters of an Urgent Nature (advice to be provided to the Chair prior to the commencement of the meeting)
24 March 2022 |
10.1 Draft Intensification Plan Change
Kaituhi | Author: Jason Holland, District Planning Manager
Kaiwhakamana | Authoriser: Natasha Tod, Group Manager Strategy, Growth and Recovery
Te pūtake | Purpose
1 The purpose of this paper is to inform the Council of the scope of draft Proposed Plan Change 2 (PC2) to the Operative Kāpiti Coast District Plan, and to recommend that draft PC2 proceeds to public consultation.
He whakarāpopoto | Executive summary
2 The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 passed into law under urgency in December requires that the Council publicly notify an “intensification planning instrument” no later than 20 August 2022.
3 The Amendment Act requires that Council incorporate Medium Density Residential Standards (MDRS) into relevant residential zones within the District Plan. Amongst other things, the MDRS will enable the construction and use of up to 3, three-storey dwellings per site within the General Residential Zone, subject to specified standards.
4 At the same time, the Council must amend the District Plan to give effect to policy 3 of the National Policy on Urban Development 2020 (NPS-UD). Policy 3 requires the District Plan to enable further intensification in areas of the urban environment that are in or near a centre zone, or are serviced by rapid transit services.
5 Proposed Plan Change 2 (PC2) is the Council’s “intensification planning instrument”. The scope of the draft plan change is defined and limited by statute, and at this stage includes:
5.1 Incorporating the MDRS into the General Residential Zone (including re-zoning some areas as General Residential Zone);
5.2 Giving effect to policy 3 of the NPS-UD;
5.3 Providing for “qualifying matters”;
5.4 Enabling papakāinga within the district; and
5.5 An option to amend financial contributions provisions.
6 A draft of PC2 has been prepared for the purposes of informing the public of the scope of the proposed plan change, and seeking feedback. The draft will also be provided to iwi and certain Ministers of the Crown as required by Schedule 1 of the Resource Management Act 1991 (RMA). To achieve this, this paper recommends that draft PC2 proceeds to public consultation. This public consultation is in advance of, and in addition to, the formal public notification which will occur mid-year.
Te tuku haepapa | Delegation
7 Council has delegation to consider this matter.
Taunakitanga | RECOMMENDATIONS
A. That draft Proposed Plan Change 2 proceed to public consultation at the beginning of April 2022.
Tūāpapa | Background
8 Since the District Plan became operative on 30 June 2021 work has commenced on a series of changes and improvements. In the Long Term Plan 2021 – 2041 (LTP) Council committed to a rolling review programme of changes to the District Plan. Plan Change 2 is focussed on urban development and making sure we are meeting our obligations under the National Policy Statement on Urban Development and Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.
9 The Council is a Tier 1 territorial authority under the RMA. As such, the Council is required to prepare and notify an Intensification Planning Instrument no later than 20 August 2022. This requirement was recently inserted into the RMA by the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021, the purpose of which is to “rapidly accelerate the supply of housing where the demand for housing is high” and “address some of the issues with housing choice and affordability that Aotearoa New Zealand currently faces”.[1] PC2 is the Council’s Intensification Planning Instrument.
10 While PC2 is driven by statute, it is important to recognise that housing supply is a key resource management issue for the District. The District’s population is projected to grow by at least 30,000 people over the next 30 years.[2] At the same time, the Council’s Housing and Business Development Capacity Assessment (HBA) has identified a short-fall in feasible, realisable, plan-enabled development capacity for housing in the district. This shortfall has increased as demand for housing in the District has grown, and the shortfall is currently estimated to be approximately 8,400 dwellings over 30 years.[3] As part of addressing this, the Council has recently adopted Te tupu pai, Growing well, our 30-year growth strategy for the District that outlines the ways Council plans to provide for growth in a coordinated and sustainable manner, including through the intensification of existing urban areas. PC2 is part of the implementation of Te tupu pai, and will address the existing short-fall in development capacity by enabling an increase in plan-enabled housing supply in existing urban areas across the District, as well as a small number of new residential areas.
11 Housing supply is also a particular issue for iwi in the District. Iwi and hapū, which include Ngāti Toa Rangatira, Ngāti Raukawa (Ngā Hapū ō Ōtaki) and Te Āti Awa ki Whakarongotai, have expressed aspirations that their members are enabled to live closer to or within their ancestral homes, and that iwi, hapū and whānau are enabled to develop housing that meets their needs, and reflects their own history, identity, culture and connections to the land. To assist iwi, hapū and whānau to meet these aspirations, PC2 proposes to enable papakāinga in a range of zones across the District.
12 The scope of PC2 is focussed on enabling intensification in existing urban areas, a limited number of new residential areas, and enabling papakāinga. This plan change does not provide for larger greenfield or brownfield areas that may involve a range of land-uses and require more complex design and planning approaches (such as structure planning). The Council plans to undertake a separate future urban development plan change to enable this kind of development in parts of the District where large-scale urban development may be appropriate. The LTP indicates this plan change is to be publicly notified in 2024.
He kōrerorero | Discussion
13 The proposed scope of draft PC2 includes:
1) Incorporating the Medium Density Residential Standards into the General Residential Zone (including by re-zoning some areas as General Residential Zone);
2) Giving effect to Policy 3 of the NPS-UD;
3) Provisions to enable papakāinga development;
4) Providing for “qualifying matters”;[4] and
5) An option to amend financial contributions provisions.
14 Outside of PC2, Council is reviewing its “Subdivision and Development Principles and Requirements” (SDPR) document.[5] There is also a potential opportunity to incorporate updated references to the SDPR, if the timing of this review aligns with PC2.
15 The following sections provide an outline of the draft scope of PC2 and discuss the potential impacts of draft PC2 on the district.
Statutory scope
16 The scope of the PC2 is defined by s80E of the RMA. Under this provision, the plan change must:
· Incorporate the MDRS; and
· Give effect to policies 3 and 4 of the NPS-UD.
17 In addition to this, the plan change may also include:
· Provisions to enable papakāinga in the district;
· Amendments to financial contributions provisions; and
· Provisions that support or are consequential on incorporating the MDRS or giving effect to policy 3 of the NPS-UD.
18 Except for these matters, the plan change cannot be used for any other purpose.
Urban environments
19 Both the MDRS and the NPS-UD apply to urban environments. The RMA defines an urban environment as:[6]
any area of land (regardless of size, and irrespective of territorial authority boundaries) that –
(a) is, or is intended by the specified territorial authority to be, predominantly urban in character; and
(b) is, or is intended by the specified territorial authority to be, part of a housing and labour market of at least 10,000 people.
20 Appendix A includes an analysis of areas in the district that meet this definition. In summary, the following areas meet the definition of an urban environment:
1) the areas of land that are contained within the following zones in the Operative District Plan:
a. Residential Zones;
b. Metropolitan Centre Zone;
c. Town Centre Zone;
d. Local Centre Zone;
e. Mixed Use Zone;
f. General Industrial Zone;
g. Airport Zone;
h. Hospital Zone; and
2) the areas of land proposed to be included in the General Residential Zone as part of PC2.
Incorporating the MDRS into the District Plan
21 PC2 will amend the District Plan to incorporate the MDRS. This means the District Plan will provide for the construction and use of up to 3, three-storey residential units as a permitted activity within “relevant residential zones”, which for the Kāpiti Coast District Plan means the General Residential Zone. These residential units are to be subject to compliance with a set of density standards that are prescribed in Schedule 3A of the RMA (refer to Appendix B).
22 As part of incorporating the MDRS into the District Plan, the RMA also requires that the District Plan:
· include a set of mandatory objectives and policies to support the application of the MDRS; and
· amend subdivision rules to remove minimum allotment sizes in areas where the MDRS applies, and to provide for subdivision as a “controlled activity”.
23 The maps in contained within Appendix C show the extent of the General Residential Zone where the MDRS will be applied.
Rezoning areas as General Residential Zone
24 As part of incorporating the MDRS into the District Plan, the RMA authorises Council to re-zone areas as General Residential Zone (so long as these, too, incorporate the MDRS).[7]
25 Draft PC2 proposes a number of smaller areas be rezoned as General Residential Zone. These are areas identified as appropriate on the basis that:
1) they are located next to an urban area that is connected to services;
2) they have a relatively low degree of constraints (and any existing constraints can be managed through existing district plan rules);
3) they are not sufficiently large or complex enough to require a “structure planned” approach;
4) they would provide a notable contribution to plan-enabled housing supply, or where this is not the case, re-zoning is appropriate to regularise the area into the surrounding zoning pattern.
26 Maps in Appendix C show the location of these areas. Appendix D provides a detailed schedule of these proposed areas. An initial high level estimate suggests approximately 1,300 dwellings could be enabled by rezoning these areas.
Giving effect to Policy 3 of the NPS-UD
27 PC2 will amend the District Plan to give effect to Policy 3 of the NPS-UD. Policy 3 requires the District Plan enable intensification within and around existing centres and existing or planned rapid transit stops. In order to give effect to this policy, there are a range of related objectives and policies contained within the NPS that also need to be provided for within the District Plan. The parts of Policy 3 relevant to the Kāpiti Coast District are:
Policy 3: In relation to tier 1 urban environments, … district plans enable:
(a) …
(b) in metropolitan centre zones, building heights and density of urban form to reflect demand for housing and business use in those locations, and in all cases building heights of at least 6 storeys; and
(c) building heights of at least 6 storeys within a walkable catchment of the following:
(i) existing and planned rapid transit stops:
(ii) …
(iii) the edge of metropolitan centre zones; and
(d) within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activities and community services.
28 The approach taken by draft PC2 to giving effect to Policy 3 is based on the existing hierarchy of centres zones contained within the District Plan.[8] The centres zones provide for commercial activities (such as shops, offices and other places of employment) and community services (such as healthcare services, libraries and other community facilities) in areas located throughout the district, and the hierarchy of centres zones recognises that larger centres, such as the Metropolitan and Town Centre Zones, are intended to serve broader parts of the community, whereas the Local Centre Zone is primarily intended to serve local neighbourhoods. The level of intensification proposed by PC2 is based on, and reinforces, the relative position of each centre zone within the centres hierarchy.
29 The table contained in Appendix E identifies the proposed level of intensification for each area in the district that is subject to policy 3 of the NPS-UD, and the maps contained in Appendix C provide a spatial representation of this.
Providing for qualifying matters
30 The RMA provides scope for the requirements of the MDRS or Policy 3 of the NPS-UD to be modified to be less enabling of development in order to accommodate a qualifying matter.[9] Qualifying matters can be described in terms of being “existing qualifying matters”[10] (matters that are already provided for in the District Plan) and “new qualifying matters” (matters that are not provided for in the District Plan). PC2 recognises a range of “existing qualifying matters”, but also provides for “new qualifying matters”.
31 PC2 proposes to recognise a range of existing qualifying matters relevant to the district, including:
1) through recognising a range of existing district-wide rules associated with natural hazards, outstanding natural features and landscapes, indigenous biodiversity, historic heritage, sites and areas of significance to Māori and nationally significant infrastructure as existing qualifying matters;
2) through maintaining existing development rules and standards within business land suitable for low density uses (the General Industrial Zone and the Mixed Use Precinct of the Airport Zone), where this land would otherwise be subject to Policy 3 of the NPS-UD;
3) maintaining existing rules that prevent or do not provide for development within Open Space Zones, where land that is zoned for open space would otherwise be subject to Policy 3 of the NPS-UD.
32 PC2 also proposes to provide for a number of new qualifying matters relevant to the district. These include:
1) providing for a “Coastal Qualifying Matter Precinct” in the part of the district that has been identified as potentially susceptible to coastal erosion hazard. The purpose of the precinct is to maintain the level of development currently provided for by the Operative District Plan in these areas, until the management of coastal hazards is addressed through a future coastal environment plan change. While PC2 does not apply the level of development required by the MDRS or the NPS-UD to these areas, PC2 does not propose any new restriction on development in these areas either. In essence, the development provisions of the Operative District Plan remain unchanged in this area;
2) providing for wāhi tapu sites that have been identified by iwi, but are currently unrecognised by the District Plan, to be added to the schedule of sites and areas of significance to Māori. This includes Kārewarewa urupa at Waikanae Beach.[11]
Design guides
33 The District Plan contains design guides for medium density residential development. However, these are over 10 years old, and the level of development promoted by these guides is generally lower in density than the MDRS. In addition, while medium density residential development is occurring in the District to some degree, there are not many local examples of higher density development (as the District Plan simply does not promote this).
34 As a result, PC2 proposes replacing the existing medium density residential design guide with two new design guides – a Residential Design Guide and a Centres Design Guide. The purpose of the design guides will be to:
1) Promote high quality design for higher density development, that considers both on-site amenity as well as providing for a positive relationship between the development and the surrounding neighbourhood/environment;
2) Assist developers in preparing the design and resource consent applications for higher density developments; and
3) Provide Council consent officers with a basis for assessing resource consent applications for developments that breach permitted activity standards.
35 The proposed design guides will be consulted on as part of the consultation on draft PC2.
Enabling papakāinga
36 Iwi, hapū and whānau have expressed aspirations to develop papakāinga within the District. These aspirations include:
· That more iwi members can live and work closer to or within their ancestral homes, and participate in iwi, hapū and marae life;
· That the district plan provides for papakāinga broadly across the district, including in both urban and rural zones;
· That papakāinga development is not limited to land held under Te Ture Whenua Māori Act 1993.
37 The District Plan contains some papakāinga provisions, however these are typically limited to land held under Te Ture Whenua Māori Act 1993 in rural zones. Iwi have indicated that these existing provisions do not sufficiently provide for their aspirations.
38 Papakāinga can be defined as:
housing and ancillary activities, including social, cultural, educational, recreational, and commercial activities, for tangata whenua on their ancestral land[12]
39 PC2 proposes the following changes to the District Plan to enable papakāinga:[13]
1) A new district-wide Papakāinga chapter that provides objectives and policies for enabling the use and development papakāinga by and for tangata whenua within the district;
2) New or amended rules within the General Residential, Town Centre, General Rural, Rural Production, Rural Lifestyle and Future Urban Zones that enable papakāinga on land held under Te Ture Whenua Māori Act 1993, or on general title land where it can be demonstrated that there is an ancestral connection to the land;
3) Consequential amendments to related provisions as part of enabling papakāinga.
40 The proposed papakāinga provisions contained within draft PC2 have been drafted with significant input from iwi. However, the timeframes for developing this plan change have been tight, and the draft provisions are yet to be settled. Development of the provisions with the input of iwi is ongoing, and it is likely that the draft provisions will change as the Council continues to work with iwi.
Amending financial contributions provisions
41 The District Plan provides for financial contributions to be taken for:
1) reserves; and
2) infrastructure that is not otherwise covered by the Development Contributions Policy.
42 Separately, the Council has a Development Contributions Policy that provides for development contributions to be taken for:
1) roading;
2) stormwater;
3) water;
4) wastewater; and
5) community facilities.
43 Outside of PC2, the Council is looking at options to amend the Development Contributions Policy to provide for the taking of development contributions for reserves and open spaces. Draft PC2 includes an option to signal Council’s intent to move reserves into the Development Contributions Policy at a future date yet to be determined.
Potential impacts – plan-enabled housing development capacity
45 The potential impact of PC2 on plan-enabled housing development capacity within existing urban areas is likely to be significant.
46 Analysis undertaken as part of the Council’s current work to update its HBA has identified a demand for approximately 16,200 additional dwellings by 2051.[14]
47 Initial high-level estimates undertaken by the Council[15] suggest that under PC2, the District Plan would enable:
47.1 Approximately 177,400 dwellings under a “redevelopment” scenario (that is, if every site in the district were redeveloped to its maximum capacity under the proposed plan provisions); or
47.2 Approximately 51,600 dwellings under an “infill development” scenario (that is, where existing dwellings are retained, and the remainder of the site is redeveloped to a its maximum capacity under the proposed plan provisions).
48 These numbers are not the “feasible and realisable” dwelling figures, which will be calculated for the next HBA. However, based on this high-level assessment of the level of development enabled by PC2, only 10% of “redevelopment” capacity, or 31% of “infill” capacity would need to be feasible and realisable in order to meet the District’s long-term demand for dwellings.[16] On this basis, it is likely that PC2 will contribute significantly to enabling the District’s demand for dwellings to be met out to 2051.
Potential impacts – character of the urban environment
49 The level of development enabled by PC2 is likely to lead to a change in character in the district’s urban environments over time. This is consistent with the overall thrust of the NPS-UD, which is to enable more people to live in urban environments, and that in order to achieve this, urban environments must be allowed to develop and change over time.
50 Change in character is likely to be driven by the changes in built form that will occur over time as areas increase in density. Specifically:
50.1 The General Residential Zone, which has a built character predominantly defined by single or 2 storey detached dwellings could see change in character through the development of terraced or multi-unit dwellings up to 3-storeys;
50.2 Parts of the General Residential Zone near to centres and rapid transit stops could see a change in character through the development of terraced and multi-unit developments (which would typically not be more than 3-storeys) and apartment developments up to 6-storeys;
50.3 The Town and Local Centres Zones, which have a built character predominantly defined by single, 2- and 3-storey development, could see a change in character through the development of commercial or mixed use (commercial and residential) buildings up to 4-storeys in the Local Centre Zone and 6-storeys in the Town Centre Zone;
50.4 The Metropolitan Centre Zone at Paraparaumu, which has a built character predominantly defined by commercial buildings up to 3-storeys, could see a change in character through the development of buildings taller than 6-storeys. The change in character in this zone could also be influenced through mixed use (commercial and residential) development that enables more people to live within the Metropolitan Centre Zone.
51 “Character” is a form of amenity value[17] under the RMA. Recognising that increases in density are likely to involve a change in the character, Objective 4 of the NPS-UD provides that:
urban environments, including their amenity values, develop and change over time in response to the diverse and changing needs of people, communities and future generations.
52 This means that the change in the character of the urban environment that is likely to occur as a result of development enabled by PC2 is both anticipated by the NPS-UD, and consistent with the requirement that the Council give effect to it. Put simply, in order to provide for intensification, the NPS-UD recognises that the character of the urban environment will change over time. Therefore, in order to give effect to the NPS-UD, the District Plan must provide for urban environments to change in character over time.
53 Some parts of the district are recognised as having “special character” in the District Plan. These areas include:
53.1 The Beach Residential Precinct at Paekākāriki, Raumati, Waikanae Beach and Ōtaki Beach. These areas are identified as having a “low-key beach character and expressive topography enhanced by mature vegetation”.[18]
53.2 The Waikanae Garden Precinct (located to the west of the Waikanae Town Centre Zone). This area is “characterised by low residential density and high amenity values associated with existing established trees and remnant indigenous vegetation”.[19]
54 These precincts include policies and rules that are intended to maintain or preserve the existing character of these areas by restricting development in order to retain a low-density of built form. This is considered to be inconsistent with the requirement that the Council incorporate the MDRS and give effect to policy 3 of the NPS-UD because:
1) policies and rules that seek to maintain or preserve existing character are inconsistent with Objective 4 of the NPS-UD;
2) policies and rules that seek to restrict development in order to retain low-densities are inconsistent with Objective 3 of the NPS-UD, Policy 3 of the NPS-UD (in some locations) and the MDRS (in locations); and
3) maintaining existing amenity values is not prescribed as a qualifying matter.
55 However, these precincts have been recognised as including characteristics that contribute to local amenity values. Therefore, while PC2 is required to apply the MDRS and policy 3 of the NPS-UD to these areas,[20] PC2 proposes to include evidence-based[21] policies within the District Plan that recognise the contribution that these characteristics make to local amenity values in these areas. The draft policies:[22]
· In the Waikanae Garden Precinct, recognise the contribution of established vegetation to the amenity values of the precinct;
· In the Beach Residential Precincts, recognise the contribution of the existing landform to the amenity values of the precinct.
56 This approach enables intensification in these areas consistent with the requirements of the MDRS and the NPS-UD. However, where a proposed development is denser than these requirements, this approach requires that these developments would have regard to the local characteristics identified in the policies. These policies would be carefully worded to ensure that they don’t have the effect of limiting the densities otherwise required by the MDRS and the NPS-UD.
Potential impacts – infrastructure
57 The demands of population growth provided for through this plan change are likely to have an impact on the capacity of existing infrastructure, as well as the demand for new infrastructure, across the District over time. The impact of population growth on the demand for infrastructure is a matter will need to be quantified as part of the next review of the Council’s HBA, and would need to be considered as part of Council’s on-going infrastructure planning processes, including the Council’s Infrastructure Strategy and Long-Term Plan.
58 Notwithstanding this, developments must continue to comply with the Council’s Subdivision and Development Principles and Requirements (SDPR), and will continue to be subject to the Council’s Development Contributions Policy.
59 Some parts of the General Residential Zone that are the subject to the MDRS are not connected to Council wastewater infrastructure. In general, waste water treatment and disposal is managed through septic tanks or similar systems on individual properties. This occurs in the General Residential Zone at:
· Paekākāriki;
· Peka Peka; and
· Te Horo Beach.
60 The absence of infrastructure is not specified as a qualifying matter. Until such time as these areas are connected to reticulated infrastructure, it is likely that other rules in both the District Plan and the Regional Plan will place practical constraints on the level of development that would likely be realised in these areas. Regional Council rules that regulate the design and provision of on-site wastewater treatment and disposal systems are an example of this.
He take | Issues
61 Issues associated with draft PC2 are outlined in the sections above. These issues will be explored in more detail at future stages of the preparation of this plan change, including in the section 32 evaluation report that will be presented to Council later this year.
62 No issues are specifically associated with the recommendation that Council proceed with public consultation on the draft PC2.
Ngā kōwhiringa | Options
63 Options available to address the issues associated with PC2 have been considered during the preparation of draft PC2, to the extent possible within the limits set by national direction. Options will be explored further following receipt of feedback on the draft plan change, and in the section 32 evaluation which will accompany the proposed version of PC2 to be presented to Council later this year.
64 An alternative option to carrying out broad consultation on draft PC2 is available to Council. Under this option, Council would meet the minimum consultation requirements in Schedule 1 of the Resource Management Act,[23] but would not go further than this. This option would exclude consultation with the general public, landowners who would be directly affected by the proposed inclusion of new wāhi tapu sites through PC2, and landowners who would be directly affected by proposed rezoning of land through PC2. This option is not recommended for draft PC2 as it would limit the likely range of feedback provided to Council on key elements of a significant plan change. It would also miss an opportunity to raise awareness of this plan change ahead of formal public notification of Proposed PC2 later this year.
Tangata whenua
65 The development of draft PC2 recognises the Council’s partnership with local iwi and hapū represented by Te Rūnanga o Toa Rangātira, Ngā Hapū o Ōtaki and Āti Awa ki Whakarongotai Charitable Trust. As noted, the provision of housing for tangata whenua, and the ability for tangata whenua to live closer to or on their ancestral homes are among the range of issues that iwi have raised with Council that are sought to be address, in part and to the extent possible, by proposed PC2.
66 As part of the development of draft PC2, the Council:
1) has had particular regard to iwi feedback on Te tupu pai (the District Growth Strategy) in preparing draft PC2;
2) provided iwi with information on the scope of draft PC2 at the earliest opportunity, and sought feedback on this scope;
3) is working in partnership with iwi on the drafting of the provisions to enable papakāinga. Iwi have provided significant input into the drafting of these provisions. It is noted that the provisions contained in draft PC2 reflect a “moment in time”, and work with iwi to further develop and refine these provisions is ongoing;
4) is working in partnership with iwi to identify and provide for wāhi tapu sites that are not yet recognised in the District Plan, in areas that might be affected by the MDRS or Policy 3 of the NPS-UD.
67 The Council has also made financial and other resources available to iwi in order to assist enabling meaningful participation in the preparation of the draft plan change.
68 It is acknowledged that Ngā Hapū o Ōtaki have expressed particular concern with the level of development required by the MDRS and Policy 3 of the NPS-UD at Ōtaki, and the impact that this would have on the existing character of Ōtaki. As noted in the previous sections, the MDRS and the NPS-UD requires that the district plan enables intensification in Ōtaki, and as part of this, enables urban environments (including amenity values such as character) to change over time. The Council is, however, working with Ngā Hapū o Ōtaki to identify sites of significance within the Ōtaki urban environment that can be provided for through the District Plan as a qualifying matter.
Panonitanga āhuarangi | Climate change
69 Climate change is a particular matter that has been considered in the preparation of draft PC2, in particular because Objective 8 of the NPS-UD requires that:
urban environments:
(a) support reductions in greenhouse gas emissions; and
(b) are resilient to the current and future effects of climate change.
70 In addition to this, iwi have also identified that the relationship between urban development and climate change is a matter of concern.
71 Draft PC2 recognises the issue of climate change by:
1) enabling a greater degree of development within existing urban environments, particularly those that are well serviced by public and active modes of transport, or have access to commercial activities and community facilities;
2) providing for existing District Plan provisions that manage development in relation to natural hazards (such as flooding) that are impacted by climate change, as a qualifying matter; and
3) providing for a “Coastal Qualifying Matter Precinct” in the part of the district that has been identified as potentially susceptible to coastal erosion hazard.
72 In relation to (3) above, the evidence used to establish the “Coastal Qualifying Matter Precinct” is the report by Jacobs (February 2022) Kāpiti Coast Coastal Hazards Susceptibility and Vulnerability Assessment Volume 2: Results.
Ahumoni me ngā rawa | Financial and resourcing
73 Resourcing for an urban development plan change to be publicly notified in 2022 was provided for in Council’s Long Term Plan.
Ture me ngā Tūraru | Legal and risk
74 Draft PC2 has been prepared in accordance with the requirements of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021. PC2 is an Intensification Planning Instrument (IPI) under the Act. This is a novel planning instrument that has not been used before, and can only be used once. As a result, there is no precedent to suggest how an IPI should be prepared. In addition to this, because the Act was passed at the end of December 2021, the Council has only had a short amount of time to understand the complex set of requirements imposed by the Amendment Act, and how these relate to the existing structure of the District Plan.
75 Because of these factors, the primary legal risk associated with the preparation of PC2 has been determining the correct interpretation of the provisions of the Act that define the statutory scope of the plan change (specifically, what must be included, what may be included, and what cannot be included). To mitigate this risk, the Council has sought legal advice on the interpretation of these provisions and has prepared draft PC2 in accordance with this advice.
Ngā pānga ki ngā kaupapa here | Policy impact
76 As noted in the previous sections, draft PC2 is likely to have an impact on the following Council strategies, policies or plans:
1) The Long-Term Plan and the Infrastructure Strategy (with respect to planning for infrastructure over the short, medium and long terms);
2) The Development Contributions Policy (in that the amendments to financial contributions provisions within the District Plan will take effect once the Development Contributions Policy has been amended).
Te whakawhiti kōrero me te tūhono | Communications & engagement
Te mahere tūhono | Engagement planning
77 There are phases for engagement of PC2. These phases are largely driven by the requirements of Schedule 1 of the RMA, however there are some differences, and these are noted below.
78 The first phase of engagement is on a draft version of PC2. This engagement will occur for a 1 month period during April 2022. The general public will be encouraged to provide feedback through the Council’s website supported by advertising on Council’s social media channels. This phase would also include direct communications with the following people:
1) owners of land where PC2 proposes more restrictive development provisions. At this stage, this only includes the owners of land where a new wāhi tapu site is proposed;
2) owners of land proposed to be re-zoned as General Residential Zone;
3) designation holders (for example, Waka Kotahi, Transpower, Kiwirail and the Ministry of Education).
79 Schedule 1 of the RMA affords Council discretion whether or not to consult as broadly as this at this draft stage of the plan-making process. For the reasons noted previously (see “Options”), staff recommend broader consultation is undertaken.
80 Also during this draft phase Council will seek feedback directly from Schedule 1 mandatory consultees. They include:
1) the Minister for the Environment;
2) other Ministers who may be affected (such as the Minister for Housing and Urban Development);
3) local authorities who may be affected (such as Horowhenua District Council, Porirua District Council and the Greater Wellington Regional Council); and
4) iwi authorities of the District.
81 Recognising the Council’s partnership with the district’s iwi and hapū, engagement on the draft plan change began in December 2021, and will continue to occur until the notification of the proposed plan change in July 2022. This process has involved, and will continue to involve, direct engagement between iwi/hapū members and the Council’s district planning team.
82 The second phase of engagement is the formal process for seeking public submissions on the proposed plan change under Schedule 1 of the RMA. This includes:
1) Public notification of the plan change in July 2022. In accordance with the RMA the Council will be required to send a copy of the public notice to every ratepayer in the district, and include a copy of the public notice in the local newspaper.
2) Provision for a minimum 20 working day period within which the public can make submissions on the proposed plan change;
3) Following the preparation of a summary of decisions requested document by Council, provision for a further 10 working day period within which those who made submissions may make further submissions on decisions requested by other submitters;
4) Following submissions and further submissions, and any pre-hearing dispute resolution processes, an Independent Hearings Panel appointed by the Council (in consultation with iwi authorities) will hear submissions on the plan change.
83 The timeframes for this second phase of engagement are subject to change based on any directions made to the Council by the Minister for the Environment.
84 Staff anticipate seeking further direction from Council around early July to enable public notification of Proposed Plan Change 2.
Whakatairanga | Publicity
85 Given current COVID limitations we propose to focus efforts on Council social media and online channels. A range of material including FAQs and key messages for Councillors are currently in preparation.
Ngā āpitihanga | Attachments
1. Appendix
A Urban Environments ⇩
2. Appendix
B MDRS ⇩
3. Appendix
C Scope Maps ⇩
4. Appendix
D New Residential Zones ⇩
5. Appendix
E Policy 3 ⇩
24 March 2022 |
10.2 Update on Local Alcohol Policy
Kaituhi | Author: Catherine Knight, Policy Advisor
Kaiwhakamana | Authoriser: Natasha Tod, Group Manager Strategy, Growth and Recovery
Te pūtake | Purpose
1 This paper provides an update on work to develop a potential local alcohol policy and community engagement undertaken to date.
He whakarāpopoto | Executive summary
2 Not applicable.
Te tuku haepapa | Delegation
3 Council has the authority to consider the matters set out in this paper.
Taunakitanga | RECOMMENDATIONS
A. Council notes progress to develop a potential local alcohol policy and the impacts that COVID-19 has had on the ability to further progress work on the policy at this time.
Tūāpapa | Background
4 A local alcohol policy is a policy tool provided for under the Sale and Supply of Alcohol Act 2012 (the Act). It is a non-mandatory tool but allows for councils, where evidence of alcohol related harm in community exists, to set limits on numbers of licenced premises within an area and/or district, specify opening or closing hours that are more restrictive than those set out in the Act, set minimum distances from specified sensitive locations such as schools and health facilities, as well as implement one-way door restrictions.
5 The Act requires that Council develops the policy in consultation with the Police and Medical Officers of Health, as well as the Council’s licensing inspectors. Once a local alcohol policy is in place, licencing bodies will have to consider the policy when they make decisions on licence applications. As of January 2021, about 60 percent of territorial authorities had adopted local alcohol policies, while a number of others had policies in development.
6 The Research and Policy Team began the research process for a potential policy in June 2021, with the goal of developing a draft policy in early 2022 (if the decision was taken to progress with a policy). The project to develop a LAP will follow the following process.
7 However, the COVID situation has meant the sequence of work has not been able to be progressed as planned and community engagement has been more limited than originally anticipated. We are currently at the ‘Research’ phase of this work, which involves gathering the data we require to satisfy the evidential requirements of section 78 of the Act before moving to the drafting of the policy. This evidential base includes:
- the demography of the district’s residents (s. 78(2)(d))
- the overall health indicators of the district’s residents (s. 78(2)(f))
- the nature and severity of the alcohol-related problems arising in the district (s. 78(2)(g)).
In respect of ss. 78(2)(f) and (g) especially, engagement with Police and the Regional Health/Medical Officer of Health is essential.
8 From July through to December 2021 the policy team implemented a survey, contacted stakeholders inviting their feedback, and also met with stakeholders who requested meetings. However, due to COVID restrictions we were not able to carry out the pop-up and drop-in engagement that had been planned. Nevertheless, despite these constraints, the response to the survey was good, with 415 responses received.
9 It should be noted that while we implemented a survey as part of the Research phase of this work, seeking public input on policy settings to inform the drafting of the policy is not a requirement of the Act. Nevertheless, the survey has proved valuable as a gauge of the community’s views relating to a potential local alcohol policy, but as it is not fully representative of the community as a whole (see ‘Survey results and discussion’) and may under-represent a section of the community that could be disproportionately impacted by the negative effects of alcohol, we caution against using its results to directly inform the specifics of the various settings.
1
10 Due to their need to prioritise COVID-related work, we have been unable to engage with the Medical Officer of Health/Regional Health. Because consultation with the Medical Officer of Health is a statutory requirement of the draft policy development process, it means that the drafting process will need to be deferred until the Medical Officer of Health is available to work with Council to complete the research phase of this work. This engagement will enable us to fulfil the evidential requirements of section 78 and move to the policy drafting phase if the decision is taken to progress policy development.
He kōrerorero | Discussion
Survey results and discussion
11 The purpose of the survey was to better understand attitudes and behaviours in relation to alcohol and to get indicative feedback on possible settings. It was undertaken between 8 October and 10 December 2021. The survey was able to be completed anonymously online, with hardcopies available at services centres, libraries and distributed to other organisations (e.g. licencees) on request. The survey was promoted via council communication channels. Due to COVID restrictions, we were not able to promote the survey through pop-up and drop-in engagement as planned, but used additional online media advertising to promote awareness of the survey.
12 The survey comprised two sections: the first section covering demographics, drinking preferences and personal observation of alcohol-related issues. The second section sought feedback on the range of policy settings encompassed by a local alcohol policy. (See Appendix 1 for the summary report of the results and Appendix 2 for a copy of the original survey.)
13 A total of 415 people responded to the public survey. Notably however, responses to individual questions ranged substantially – between about 160 for some questions up to the high 300s for others. Attrition in response rates became especially marked in the section seeking feedback on potential policy settings.
2
14 Geographically, respondents were broadly representative of the community: i.e., the proportion of responses from each of the District’s communities was broadly similar to the proportion that each community makes up of the District population. Men and women were fairly equally represented with a slightly larger proportion of men (51 percent) than women (48 percent) responding.
15 Survey responses were less representative of age demographics of our community: those aged 50 years old and over comprised 70 percent of the responses, while the 18–34-year-old age group was the least represented, together making up less than 10 percent. Respondents were overwhelmingly of European descent (at 84 percent, roughly proportionate with their proportion of the population in the District, which is 88 percent). Notably however, those identifying as Māori made up only seven percent (proportion of the District population is approximately 15 percent).[24]
16 This under-representation of Māori – and especially Māori of the younger age groups – is important in the light that compared to the population as a whole, Māori are disproportionately affected by the impacts of alcohol.[25] Before progressing with the development of a potential policy, it is therefore important that Council understands the full nature and scale of alcohol-related impacts on the community, including Māori and especially Māori youth. As noted, this aligns with the requirements of the Act, which requires Council to have regard to ‘the nature and severity of the alcohol-related problems arising in the district’ (s. 78(2)(g)).
17 Overall, there was broad support for further settings (i.e., additional to the default settings provided by the Act) to regulate the sale and purchase of alcohol in the District. Eighty-one percent of respondents believe that the number of existing premises should be considered when an application for a new licenced premise is made. In relation to limits to the numbers of premises in each of the areas in the District, between 46 and 66 percent of respondents indicated that they felt that there should be caps in each of these areas, with the highest percentage responding affirmatively in relation to Ōtaki (66 percent) and Paraparaumu Beach (65 percent), followed by Paraparaumu (59 percent).
18 In relation to opening times for licensed premises, the largest proportion of respondents in most cases indicated a preference for the latest opening time offered (9am for off-licenced premises and 10am for on-licenced premises) and the earliest closing time (9pm for off-licence premises and 11pm for on-licence premises). Of note, a number of respondents questioned the limited options offered, suggesting that later opening times and earlier closing times should also have been included in the survey.
19 Almost 70 percent of respondents agreed there should be a one-way door restriction, with the earliest option of 10pm receiving the most favour and the latest option of 1am receiving the least favour.
20 The majority of respondents to the questions relating to controls on minimum distances from community facilities such as parks, schools and ECE, health facilities and places of worship favoured minimum distances for bottle stores and bars, with less favour for minimum distances in the case of the other types of licences (social/sports clubs, grocery stores, supermarkets and cafes/restaurants).
21 About 170 respondents also made comments as part of the survey – including in relation to alcohol-related impacts in the community, to the survey itself, or expressing their views about a potential policy or other possible mechanisms to reduce alcohol harm.
Other engagement
22 As part of our engagement phase, we contacted an extensive list of stakeholders, including community groups, education and health providers and all licenced premises, to seek their views on a potential local alcohol policy. We also sought to re-engage with our iwi, police and health partners. However, as noted, due to COVID restrictions we were not able to carry out the pop-up and drop-in engagement that had been planned.
23 In response to stakeholder requests, we met with representatives from two organisations/communities, and six organisations submitted a feedback form or provided feedback on the potential policy. Five of the organisations submitting feedback were organisations manufacturing or selling alcohol, while one was an organisation providing support services in the health sector (the Cancer Society). Generally speaking, the licensed organisations were in favour of minimal restrictions and in some cases did not support any change to the status quo.
3
24 In contrast, the Cancer Society was in support of more restrictive policies by way of a local alcohol policy. It expressed particular concern about the need ‘to avoid adding any additional health burden to low socio-economic areas such as Ōtaki township and Paraparaumu Central’.
4
25 In addition to this written feedback, we also met with representatives from the Cancer Society and from the Ōtaki community. The latter expressed deep concern about the impacts of alcohol, especially on the tamariki and rangatahi in their community, and were strongly supportive of a policy covering Ōtaki. We also met with a Police Constable from the Alcohol Harm Prevention Team, who is based primarily in Ōtaki but was also involved in the development and implementation of the local alcohol policy in Horowhenua District.
He take | Issues
26 This paper is an update for noting only, with no proposals requiring consideration of the Council’s Significance and Engagement Policy.
27 The community survey has been a useful component of the research phase. Further analysis will be undertaken alongside completion of the other research elements when the Medical Officer of Health/Regional Health are available to progress this. We do not yet have an indicative timeline for this.
Ngā kōwhiringa | Options
28 This paper is an update for noting only. There are no proposals (options) for consideration.
Tangata whenua
29 We sought input from our iwi partners and iwi organisations in the District as part of our engagement, and we understand this is an issue of concern for iwi in our District, given the disproportionate impacts of alcohol abuse on Māori, and especially Māori youth (as discussed at 16 above). As noted, before progressing with the development of a potential policy, it will be important that Council works with the Medical Officer of Health and our iwi partners to understand the full nature and scale of alcohol-related impacts on the community.
Panonitanga āhuarangi | Climate change
30 There are no climate change matters relating to this piece of work.
Ahumoni me ngā rawa | Financial and resourcing
31 There are no financial and/or resourcing implications relating to this paper. Further work to develop a potential policy is provided for as part of the policy work programme, and steps to recommence the work will be prioritised once our health partners have the capacity to engage with Council on this work.
Ture me ngā Tūraru | Legal and risk
32 There are no legal risks associated with the matters presented in this paper for noting.
33 There may be some concern among stakeholders that the survey results will be used to directly inform local alcohol policy settings. However, this risk can be mitigated through clear messaging about how the survey results will be used (i.e., as an indication of generalised support for the development of policy, not to directly inform specific policy settings).
Ngā pānga ki ngā kaupapa here | Policy impact
34 This paper is an update on progress and policy impacts will be discussed alongside future policy advice on developing a potential local alcohol policy.
Te whakawhiti kōrero me te tūhono | Communications & engagement
35 An update on progress, results from the community survey and next steps for the project will be communicated via a press release and email to stakeholders and updated on the local alcohol policy project page on Council’s website.
Te mahere tūhono | Engagement planning
Any work to develop a draft local alcohol policy will be deferred until the Medical Officer of Health/Regional Health has capacity to engage with Council once their COVID response priorities diminish. Due to this deferment, no further engagement or consultation is planned at this stage. Whakatairanga | Publicity
37 This report is for noting only and no decisions are sought. However, as noted at 35 above, Council will be preparing some high-level messaging notifying the public and stakeholders of the availability of the survey results, how the information gained from the survey will be used, and outlining the status of the project.
Ngā āpitihanga | Attachments
1. Kapiti
Community Alcohol Survey - Summary Report ⇩
2. Kapiti
Community Alcohol Survey 2021 ⇩
24 March 2022 |
10.3 Open Space Strategy for adoption
Kaituhi | Author: Alison Law, Manager, Project Management Office
Kaiwhakamana | Authoriser: Mike Mendonca, Acting Group Manager Place and Space
Te pūtake | Purpose
1 The purpose of this report is to seek adoption of the Open Space Strategy
He whakarāpopoto | Executive summary
2 The decision sought from Council is the adoption of the Open Space Strategy in order to set the direction for the provision and management of open space in the Kapiti District.
3 The purpose of the Open Space Strategy (the Strategy) is to set a clear vision and direction for the provision and management of open space in the Kāpiti District, including guidance for acquiring land for open space. The Strategy is a guidance document for decision making including informing the Long-Term Plan cycles.
4 The Strategy provides the framework for assessing future land acquisition and for collecting contributions to fund Open Space development required for growth. The strategy will inform the setting of development impact fees in the future.
Te tuku haepapa | Delegation
5 The Council has the delegation to adopt the Open Space Strategy.
Taunakitanga | RECOMMENDATIONS
A. That council approves the open space strategy for adoption, including the recommended changes as a result of consultation.
Tūāpapa | Background
6 The existing Open Space Strategy was adopted in 2012 and the review of the Strategy was approved through the Long-Term Plan 2018-2038. Since the existing strategy was written there has been significant change across the district, such as the expressways, Transmission Gully and land acquisition including the purchase of Otaraua Park.
7 While the Council can only directly influence decisions over land which it owns or manages, the strategy takes a districtwide and multi-agency approach to network identification and development. The strategy also considers public open space owned by other agencies in order to provide a holistic view of connectivity and capacity assessment for network growth planning and development.
8 The consultancy firm XYST assisted with the review of the strategy and provided a core function in the facilitation of engagement, identification of issues and opportunities and positioning the network within the national context which was input into the strategy.
9 Significant community consultation has been undertaken since the start of the review of the Strategy in 2019. This included working with iwi and key stakeholder groups to inform an Issues and Opportunities paper that went out for community consultation in May 2019. The Issues and Opportunities consultation further informed the draft strategy that then went out for consultation in 2021.
10 Throughout the development of the Strategy there has been a need to both inform the development of the LTP 2021-41 and to align the strategic direction with the other policy review workstreams that were in development, notably the District Growth Strategy. Open Space provision is integrally linked with the growth aspirations of the District.
11 The strategy identifies the current and future open space needs for the Kāpiti Coast community. It provides the vision and aspirations for a good-quality open space network and provides the framework and criteria to support cost effective decision making to support the growth of the network in the future.
12 The strategic vision is that “Kāpiti has a vibrant, diverse, thriving and interconnected open space network, that supports the connection of the community to the environment and the mauri (essential quality) of both.
13 Key differences from the Open Space Strategy, 2012 are;
· The adoption of a Kaupapa Māori planning framework to guide the values (kaupapa), objectives (huanga) and approaches (tikanga) of the Strategy;
· Updated recognition the role of Council’s open space in climate change resilience, adaptation and response;
· Improved means for balancing growth with environmental and open space values;
· Increased recognition of the role of open space in supporting wellbeing and wairua and delivering on the Governments Living Standards Framework;
· The identification of 9 open space categories to guide future network management, investment and growth;
· The integration of cycleways, walkways and bridleways as part of the Open Space Strategy rather than a separate strategy;
· Additional detail on process and criteria for assessing land acquisitions;
· Town based network mapping of the current open space network and aspirations and opportunities for growth.
14 The strategy provides tiered management standards that apply to each of the nine open space categories. The nine categories are:
A. Districtwide and destination
B. Sport and recreation
C. Iwi practices and sites
D. Heritage
E. Neighbourhood parks
F. Nature reserves
G. Outdoor adventure
H. Recreation and ecological linkages
I. Urban public space
15 The Strategy contributes to the Local Government wellbeings and the Council community outcomes in the Long-Term Plan, notably:
Local Government wellbeing:
15.1 environmental wellbeing – considers whether the natural environment can sustainably support the activities that constitute healthy community life, such as air quality, fresh water, uncontaminated land, and control of pollution
15.2 cultural wellbeing – looks at the shared beliefs, values, customs, behaviours and identities reflected through language, stories, visual and performing arts, ceremonies and heritage that make up our communities
Community outcomes in the Long-term Plan 2021 – 2041:
15.3 Mana whenua and Council have a mutually mana-enhancing partnership; through the adoption of a Kaupapa Maori planning framework to guide the values (kaupapa), objectives (huanga) and approaches (tikanga) of the Strategy;
15.4 Our natural environment is restored and enhanced as we transition to a low carbon future; through recognition of the role of open space in climate change resilience, adaptation and response
15.5 Our communities are resilient, safe, healthy, thriving and connected. Everyone has a sense of belonging and can access the resources and services they need; through a variety of ways including balancing growth with environmental values, identifying and planning for future connections across the District and town-based network mapping.
He kōrerorero | Discussion
He take | Issues
16 Council undertook consultation on the Strategy alongside the consultation for the District Growth Strategy. Consultation took place from 19 October – 19 November 2021.
17 A total of 34 submissions were received via a mix of online, e-mail or hardcopy. Of these, 22 submissions were made as individuals and 11 as a representative of an organisation. Submissions from organisations did not receive additional weighting to those received from individuals.
18 The groups that submissions were received from were Cancer Society, Kāpiti Support Centre, Wharemauku Urban Regeneration Project and the Whale Song Trust, Kāpiti Cycling Action, CWB Advisory Board, Kāpiti Equestrian Advocacy Group (KEAG), Kāpiti Coast Grey Power, Grow Paekākāriki, Waikanae Community Board, Paraparaumu-Raumati Community Board, Waikanae Estuary Care Group Inc., and the Equestrian representative of CWB Advisory Group
19 A summary report of the submissions received is attached as Appendix 1. The full submissions are attached as Appendix 2.
20 The vision for the Strategy was well supported with 83% of submitters definitely or somewhat agreeing. All top ten priorities were supported with “Protecting restoring and enhancing the natural environment” highest ranked at 96% support. Over two thirds of respondents ranked each priority as high or moderate.
21 XYST reviewed each submission and made recommendations as to how to respond to each point made. Council officers peer reviewed the recommendations and agreed or changed as appropriate.
The results of the consultation show good levels of support for the Strategy and the submissions received were relevant and useful. Although no major changes are recommended, small but important changes have been made to the Strategy because of points made in the submissions. These changes are shown in the table below. The updated Strategy document is attached as Appendix 3; all changes have been highlighted in the document for the purpose of this report.
Recommended changes in response to submissions:
Response |
|
CWB - There is a statement that implies that the network of safe off-road routes is complete |
Minor text adjustment to make it clear that the network is evolving and safety improvements area ongoing. Page 43 |
There is no reference in the Open Space Strategy to council’s own CWB strategy c. 2005 which was created by council’s CWB Advisory Group. This is somewhat disingenuous to the good people who form that group and give of their time voluntarily. |
"The District's CWB network has benefitted substantially from the sustained advocacy and support of its CWB Advisory Group which has operated in a voluntary capacity since November 2002." added on page 43 |
Conduct a shade audit
|
"Provide natural and constructed shade cover as appropriate" added under climate change adaptation on page 34. Shade audit to be considered as part of action plan. |
Top ten priorities - difficult to separate and prioritise as all inter-related |
Change the heading on Page 13 from "Our Top Ten" to "Our Ten Priorities". Also updated the headline statement to make it clear that it is non-hierarchical. |
Covid19 was a reminder that we need to care for all in our community |
Amend Strategy to include (page 31 under pandemic) that Covid-19 has emphasised the importance of open space having a positive impact on wellbeing and ensuring that we have spaces and places that cater to all and are accessible and multi-use |
Age-friendly communities are not only for aged residents but also serve disabled, young families, teen etc. |
Amend plan to include an approach that parks reflect their local community. Added to approaches under whakapapa Page 17 |
Public amenities
should not be privately in perpetuity to various sporting codes. |
Amend Strategy on page 55 to include that where toilets, changing rooms and carparking is available and owned by Council these will be accessible for public use whenever possible (always for new buildings |
Community
allotments/gardens/orchards need to more widespread and closer to social
housing. |
Amend Strategy
to create a new topic in the Looking Ahead chapter to be headed
“Community Gardens / Māara Kai Production" |
The major visual amenity of the Coastal Hills must be preserved with no further encroachment on the skyline. Re-development of the quarry area is recommended |
Add a note in Category G about adaptive reuse of modified landscapes as appropriate. Page 60. Added note regarding potential adaptive reuse of modified landscape in the vicinity of the quarry for Paraparaumu Map. Page 76. |
Pocket parks
need to attract more than one demographic, ie not always playgrounds and
provide facilities such as toilets, fountains etc. |
Amend Strategy to include the approach that parks reflect the needs of their local community. Page 17 and 56
|
Protection from prevailing winds and shade.
|
Additional notes added under Climate Change In the future. P38. potential increase in severe winds with a need for shade trees and shelter belts |
Opposed to making Mangaone stream track into a mountain bike track. This track is pleasant and quiet. Mountain bikes rushing past will ruin the ambience |
Amended annotation on the Network Map from "Potential to make Mangaone walkway an MTB route" to "consider Mangaone walkway as a shared walking/cycling route". Page 79 |
Waikanae township needs a cycleway in both the N-S and E-W directions. This should include access to the railway station |
High level annotation for "Consider Waikanae urban CWB improvement" added to Waikanae map near town centre near to area already indicated "urban public space". Page 79 |
Suggest Kāpiti acquires land on the North side of Waikanae to prevent Kapiti becoming a long urban conurbation. The land purchase for Otaraua Park was a brilliant move and should be repeated at North Waikanae before land becomes more expensive |
Add a Potential Area of Network Growth to the Waikanae map for "New cemetery land supporting connectivity enhancement (location still to be investigated)" specific location not shown on map as this is subject to further investigation. Added italicised white text to the map north of Waikanae indicating Potential for Connectivity enhancement. Page 79 |
Food security / Community gardens
|
Amend Strategy
to create a new topic in the Looking Ahead chapter to be headed
“Community Gardens/Māra kai" |
A top ten priority should be compliance with the Reserves Act.
|
Amend the section titled 'What is Open Space?' to note that Council's parks and reserves are administered in accordance with legislation which includes the Reserves and other legislation, Page 13 |
Scientific understanding of the ecological needs of different species and how these can be enhanced by creating ecological corridors.
|
Include the following for FUTURE on page 39: Habitat requirements of native species are well understood and the open space network is managed to ensure habitat protections are representative across the district, ecological niches are preserved and ecological corridors are enhanced. |
Wording is too broadly stated as to know how they will be applied. (Values, Objectives & Approaches section) |
Elaborate on the last paragraph on page 16 to say: The implementation of the tikanga will be developed through an Action Plan which is separate to this Strategy. The Action Plan will identify specific actions and priorities for Council's work programme and operations |
Primary focus on sport fields and their sports. Consideration to other sports such as rowing, sailing, boating and small lakes |
Include this discussion in the category "Outdoor Adventure" expanding the description to include marine and aquatic environments and noting Council's role in providing and managing boat launch and retrieve facilities. Page 60 Districtwide/destination category does not need updating as it fits as is. |
Proposed changes conflict with those mandated in the Reserves Act. If the Strategy is exempt from the Reserves Act, then the exemption should be stated |
Add a note to "What is Open Space" regarding legislative framework. Page 13
|
Green/grey colour coding is poor. Each layer could be more distinctive. (Growing the network maps)
|
Final adjustments to line type and colour levels for final versions. Including "other key CWB routes indicative" for dotted yellow lines and blue line for "Stream corridors (potential for further CWB/ecological connection" All network maps |
Difficulty
interpreting the map. Eg: |
Add a note to mapping section to say "Potential areas of growth indicative only and intended to convey a network wide concept and inform future decision making. All network maps.
|
Paraparaumu Urban Public Space upgrades - prioritise shade provision |
Include shade provision in potential characteristics for urban public space. Page 63 |
Waikanae Estuary is shown as an eco-site. Why not label what it is, scientific reserve
|
Add a note re legislative framework on Page 13. Additional note added to page 53 to say "These Categories will inform Council’s service levels and approach to the management and strategic investment in the network as a whole. Open space held under the Reserves Act, 1977 will also have a reserve classification that Council or the relevant administering body will need to consider when making decisions about the reserve. The Reserves Act classifications are: recreation reserve, historic reserve, scenic reserve, nature reserve, scientific reserve, government purpose reserve and local purpose reserve. Such classifications are recorded on the title and in reserve management plans." |
The Waimanu Reserve is shown as an eco-site. This comes from the LTP classification which is erroneous. It is a manmade recreation reserve created by the Waikanae Land Company as part of the subdivision development whose character is clearly described by the Reserves Act definition of a Recreation Reserve |
Add a note re legislative framework on Page 13. Additional notes added to page 53 to say "These categories will inform Council's service levels and approach to the management and strategic investment in the network as a whole. Open space held under the Reserves Act, 1977 will also have a reserve classification that Council or the relevant administering body will need to consider when making decisions about the reserve. The Reserves Act classifications are: recreation reserve, historic reserve, scenic reserve, nature reserve, scientific reserve, government purpose reserve and local purpose reserve. Such classifications are recorded on the title and in reserve management plans." |
More skatepark options for youth and children |
Add a note to 'In the future' on page 45 for organised sports. "Quality informal sports opportunities such as skatepark, scooter, MTB and pump tracks are provided." |
Coastal CWB route that links Te Horo Beach with Pekapeka Beach. The link is in the current CWB Strategy. This link would be welcomed and supported by local walking and cycling groups. Land purchase or legal access is recommended. |
Added Southside route to Te waka road (dotted yellow). The remainder of the land on the south side of the river is Katihiku Marae land. |
22 Not all submissions resulted in a change to the strategy; this is because either the strategy already accommodated the topic, or the submission requested specific site additions. The Strategy does not include specific site considerations as it is a framework for decision making across the District.
Ngā kōwhiringa | Options
Table 1: Table Name
Kōwhiringa | Options |
Hua | Benefits |
Tūraru | Risks |
Option A (recommended) · Adopt the Open Space Strategy with the recommended changes |
Council will have a Strategy that sets a clear vision and direction for the provision and management of open space in the Kāpiti district, including guidance for acquiring land for open space. The strategy will be reflective of what we heard from our community. |
There are no known risks. |
Option B (not recommended) · Adopt the Open Space Strategy without the recommended changes |
Council will have a Strategy that sets a clear vision and direction for the provision and management of open space in the Kāpiti district, including guidance for acquiring land for open space. |
The community will feel like they haven’t been listened to. |
Option C (not recommended) · Do not adopt the Open Space Strategy and continue using the 2012 Strategy |
There is no benefit. |
Council will not have an Open Space Strategy that sets a clear vision and direction for the provision and management of open space in the Kāpiti district, including guidance for acquiring land for open space. |
Tangata whenua
Mana
23 Te Whakaminenga were invited to engage in the review from the inception of the process. Ngāti Toa and Te Ātiawa ki Kāpiti attended workshops and had involvement in the development and review of the draft. Ngā Hapū ō Ōtaki have been contacted throughout the project.
24 A commitment to partnership with mana whenua has been sustained throughout the review. The Strategy is founded on a Treaty House model adopting a Kaupapa maori framework for the strategy’s values, objectives and approaches and this is well documented in the strategy itself.
25 The specific Kaupapa for this Strategy are based upon those outlined in “Whakarongotai o te moana Whakaronotai o te wā ; Kaitiakitanga Plan for Te Ātiawa ki Whakarongotai (2019). Recognition and thanks is given to Te Ātiawa ki Whakarongotai for their foundational contribution to the Strategy. The kaupapa framework was further developed for the Open Space context with Te Ātiawa ki Whakarongotai, Ngāti Toa Rangatira and Ngā Hapū o Ōtaki.
26 The project team has provided regular updates to all iwi throughout the process. Each iwi has been provided the submission summary and the recommended changes to the Strategy.
27 The text for the Mana Whenua introduction has not yet been completed and will be added to the Strategy before the document is published.
Panonitanga āhuarangi | Climate change
28 The Strategy gives consideration to the role Council’s open space plays in climate change resilience, adaption and response. The Strategy also provides improved means for balancing growth with environmental and open space values.
29 The action plan that will be developed in partnership with iwi following adoption of the Strategy will consider the opportunities to give effect to the principles of the Climate Emergency Action Framework in more depth.
Ahumoni me ngā rawa | Financial and resourcing
30 The Strategy provides the basis for evaluating future levels of management and investment in the district’s open space network. It also provides the basis for assessing land acquisitions and for the setting of Development Impact Fees.
31 The action plan that will be developed as a result of the Strategy will inform future Long Term and Annual Plans.
Ture me ngā Tūraru | Legal and risk
There are no legal considerations.
Ngā pānga ki ngā kaupapa here | Policy impact
33 All relevant Council policies and strategies were reviewed at the start and during the development of the Open Space Strategy. Relevant council officers have been involved in the development of the Strategy to ensure alignment across Council.
34 The final development of the strategy has been undertaken alongside the recently adopted District Growth Strategy.
Te whakawhiti kōrero me te tūhono | Communications & engagement
Te mahere tūhono | Engagement planning
35 Each submitter will receive an individual response to their submission and key stakeholders will be updated directly.
Whakatairanga | Publicity
36 The community will be updated about the Strategy via the usual Council channels.
Ngā āpitihanga | Attachments
1. Open
Space Strategy submission summary report ⇩
2. Open
Space Strategy full submissions ⇩
3. Open
Space Strategy for adoption ⇩
24 March 2022 |
10.4 Amendments to the Council Delegations to Staff
Kaituhi | Author: Sarah Wattie, Governance & Legal Services Manager
Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships
Te pūtake | Purpose
1 This report seeks Council’s approval of amendments to Council delegations to the Chief Executive and staff, including changes to the Resource Management Act 1991 delegations.
He whakarāpopoto | Executive summary
2 Not required.
Te tuku haepapa | Delegation
3 Council has the authority to consider this matter.
The delegations comply with the Local Government Act 2002 (clause 32, schedule 7), which empower the Council to delegate its responsibilities, duties and powers in accordance with this section.
Taunakitanga | RECOMMENDATIONS
That the Council adopts the revised Resource Management Act 1991 Delegations to Staff as shown in Appendix 1 to report Amendments to the Council Delegations to Chief Executive and Staff.
Tūāpapa | Background
4 The purpose of local government under clause 10(1) of the Local Government Act 2002 is to enable democratic local decision-making and action by, and on behalf of, communities; and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future; legislative compliance with central Government’s legislative and regulatory programme supports Council to do this in a fair and efficient manner.
5 Council has a range of legislative functions, duties and powers. It is not always efficient or practical for elected members to carry out all of these functions, duties and powers, which is reflected in various statutes that provide Council with the legal authority to delegate to Council staff. Delegated authority allows for administrative efficiency and ensures timeliness in the conduct of Council’s daily business.
6 In particular, Council has the authority to delegate to officers under clause 32 of Schedule 7 of the Local Government Act 2002. Clause 32 of the Local Government Act 2002 also sets out certain powers that cannot be delegated as follows:
“32. Delegations‒ (1) Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of a local authority's business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except‒
(a) the power to make a rate; or
(b) the power to make a bylaw; or
(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or
(d) the power to adopt a long-term plan, annual plan, or annual report; or
(e) the power to appoint a chief executive; or
(f) the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement.
(h the power to adopt a remuneration and employment policy.”
7 Most legislation provides the Chief Executive with the discretion to sub-delegate to Council staff. However, some Acts prescribe the way delegations must be made. For example, the Resource Management Act 1991 (RMA 1991) does not allow the Chief Executive the power to sub-delegate and in this case, delegations must be approved by Council.
8 The Council’s delegations to Chief Executive and staff are monitored on a regular basis and reported back to Council for amendment as required, in response to changes in either staff or legislation.
He kōrerorero | Discussion
plan change – private request
9 Council has currently delegated staff in the Strategy, Growth and Recovery and Regulatory groups the ability to consider private requests for changes to the District Plans of local authorities under clause 25 of Schedule 1 of the RMA 1991. Council may impose conditions on, or revoke, delegations to staff under section 34A of the RMA 1991.
10 The relevant section is set out in Appendix 1, requiring decisions to be made within 30 working days and setting out key considerations to be taken into account in considering a request. Decisions made under this clause may be challenged under clause 27 of Schedule 1 by an appeal to the Environment Court. Subject to appeal rights on questions of law, decisions of the Court are final on matters of fact. Decisions need to be robust and based on sound resource management principles, and take care not to expose Council to undue legal risk. It is not predictable when private plan changes request may be received by Council, and there are likely to be times when making a decision within 30 working days is not possible due to the schedule of Council and Strategy and Operations meetings. For this reason alone, it may be more appropriate to retain this delegation at an operational level.
Amended RESOURCE MANAGEMENT aCT Delegations
11 A number of amendments are required to Council’s delegations to staff under the Resource Management Act 1991, which are set out in the table below. These changes relate to the Water and Wastewater Assets, Project Management Office (PMO), Building, Resource Consents and Parks, Open Space and Environment teams. The amended RMA delegations and glossary are in Appendix 1.
Recommended amendments to Council
delegations to staff under |
|
Positions |
Amendments to RMA 1991 delegations |
Asset Planning Engineer – Water
|
A new position for the Water and Wastewater team. Position to include sections 35, 35A, 332 and 333. |
Building Advisory Officer |
New position for the Building Team. Position to include sections 35, 35A and 332.
|
Consultant Planner |
Position to support Resource Consents processing and includes sections 10,10B, 22, 32, 35, 35A, 36 (5),36AAB (1), 37, 37A, 41B, 42, 42A, 44A, 55, 87AAD, 87BA-BB, 87E, 87F, 87G, 88, 89A, 91, 91F, 92, 92A, 92B, 95, 95A-E, 95F, 98, 99, 101, 102, 103, 104, 104A, 104B, 104C, 104D, 105, 106, 108, 108A, 109, 110, 113, 114, 125, 126, 127, 128, 129, 133A, 138, 139, 139A, 168, 168A, 169, 175, 176A, 190, 220, 221, 222, 223, 224, 226 (1)(e), 227, 234, 235, 237, 237 B-H, 240, 241, 243, 332, 333, 343C, Sch 1 cl3, Sch 1 cl3A, Sch1 cl3B and Sch 1 cl4. |
Parks Officer |
A new role for the Parks, Open Space and Environment team. Position to include sections 35, 35A, 330 and 333. |
Principal Advisor, Regulatory Services |
Minor amendment to title Principal Adviser, Regulatory Services. |
Programme Delivery Manager – Civil |
A new position for the Project Management Office. Position to include sections 35, 35A, 332 and 333. |
Project Manager Civil |
A new position for the Project Management Office. Position to include sections 35, 35A, 332 and 333. |
Senior Delivery Manager |
Project Management Office title superseded by changes above. |
Senior Asset Planning Engineer – Wastewater
|
A new position for the Water and Wastewater team. Position to include sections 35, 35A, 332 and 333. |
Senior Network Engineer |
A new position for the Water and Wastewater team. Position to include sections 35, 35A, 332 and 333. |
Team Leader Open Space Management
|
A replacement position for the Parks and Environment Senior Advisor role. Position to include sections 35, 35A, 330 and 333. |
Team Leader Open Space Planning
|
A replacement position for the Environment and Design Senior Advisor role. Position to include sections 35, 35A, 330 and 333. |
Water and Wastewater Compliance Officer
|
A new position for the Water and Wastewater team. Position to include sections 35, 35A, 332 and 333. |
Water Conservation and Tradewaste Officer |
New position in the Water and Wastewater Asset Team. Position to include sections 35, 35A, 332 and 333. |
He take | Issues
12 No issues are considered in this report.
Ngā kōwhiringa | Options
13 No options are provided in this report.
Tangata whenua
14 There are no tāngata whenua considerations arising from these delegations.
Panonitanga āhuarangi | Climate change
15 There are no climate change considerations triggered by this report.
Ahumoni me ngā rawa | Financial and resourcing
16 There is no direct financial impact from these changes to delegations.
Ture me ngā Tūraru | Legal and risk
17 This paper has been reviewed by the Council’s Governance and Legal Services Manager and external advice has been sought from Simpson Grierson on the use of the common seal and execution requirements.
Ngā pānga ki ngā kaupapa here | Policy impact
18 Appropriate delegations facilitate efficiency and effectiveness in the conduct of Council business, and assist staff to deliver on Council outcomes.
Te whakawhiti kōrero me te tūhono | Communications & engagement
Te mahere tūhono | Engagement planning
19 This decision has a low level of significance under the Council’s Significance and Engagement policy.
20 No consultation, engagement or publicity is required relating to the process of making these amendments.
Whakatairanga | Publicity
No publicity is required for these minor amendments.
Ngā āpitihanga | Attachments
1. Appendix
1 Amendments to the Council Delegations to Chief Executive and Staff ⇩
24 March 2022 |
10.5 Reports and Recommendations from Standing Committees and Community Boards
Kaituhi | Author: Tanicka Mason, Senior Advisor Democracy Services
Kaiwhakamana | Authoriser: Janice McDougall, Group Manager People and Partnerships
Te pūtake | Purpose
1 This report presents reports and recommendations considered by Standing Committees and Community Boards from 9 February 2022 to 9 March 2022.
He whakarāpopoto | Executive summary
2 Not required.
Te tuku haepapa | Delegation
3 The Council has the authority to consider recommendations made from Standing Committees and Community Boards to the Council.
®
Taunakitanga | RECOMMENDATIONS
A. That Council receives this report (Reports and Recommendations from Standing Committees and Community Boards.
Tūāpapa | Background
4 During the time period of 9 February 2022 to 9 March 2022, Standing Committee and Community Board meetings took place on the following dates:
Strategy and Operations Committee |
10 February 2022 |
Paraparaumu-Raumati Community Board |
15 February 2022 |
Paekākāriki Community Board |
22 February 2022 |
Audit and Risk Subcommittee |
3 March 2022 |
5 Items discussed at each of the meetings listed in paragraph 4 are noted below:
5.1 On 10 February 2022, Strategy and Operations Committee met to discuss:
· RM Reform Consultation
· Approval for public notification of proposed Plan Changes 1A, 1B and 1C to the Operative District Plan 2021.
· Contracts under delegated authority.
· Confirmation of Minutes
· Confirmation of Public Excluded Minutes
· Mahara Gallery Construction Contract
5.2 On 15 February 2022, the Paraparaumu-Raumati Community Board met to discuss:
· Considerations of Applications for Funding
· Update on the proposed pedestrian crossing, Poplar Avenue, Raumati South.
· Update on the Notice of Motion of 3 August 2020: Speed signs, Raumati Village
· Confirmation of Minutes
· Matters Under Action
5.3 On 22 February 2022, Paekākāriki Community Board met to discuss:
· Considerations of applications for funding
· Update on Seawall project
· Confirmation of Minutes
· Matters Under Action
5.4 On 3 March 2022, the Audit and Risk Subcommittee met to discuss:
· Insurance Overview
· Ernst & Young Audit Plan for the Year ended 30 June 2022
· Health and Safety Quarterly Report: 1 October 2021 - 31 December 2021
· Risk Management
· Quarterly Treasury Compliance
· Progress Update regarding Audit Control Findings 2020/21
· Confirmation of Minutes
· Confirmation of Public Excluded Minutes
· Update on Litigation Status, Statutory Compliance Issues and Investigations
6 In addition, the following meetings took place:
Kāpiti Coast Youth Council |
14 February 2022 |
Kāpiti Coast Youth Council |
7 March 2022 |
7 Items discussed at each of the meetings listed in paragraph 6 are noted below:
7.1 On 14 February 2022, the Kāpiti Coast Youth Council met to discuss:
· Youth Council Group Agreement
· Presentation to Council
· Councillor’s Update: Councillor Handford
· Otaki Youth Space update
· Think Big Update 2022
· Youth Action Plan & Youth Survey.
· Youth Council Coordinator Role – Update on recruitment.
· Kapiti Run for Youth
· Festival for the Future
· PicklePot
· Te Uruhi/MacLean Park upgrade
7.2 On 7 March 2022, the Kāpiti Coast Youth Council met to discuss:
· Councillor Hanford's update
· Tiriti Workshop
· KR4Y
· Coordinator Role
· Social Media
· Think Big
· Council Presentation
He kōrerorero | Discussion
He take | Issues
8 Within the reports and recommendations considered by Standing Committees and Community Boards from 9 February 2022 to 9 March 2022, there were no recommendations made to Council.
Ngā kōwhiringa | Options
9 Options are not required for this report.
Tangata whenua
10 There are no tāngata whenua considerations relevant to this report.
Panonitanga āhuarangi | Climate change
11 There are no climate change considerations relevant to this report.
Ahumoni me ngā rawa | Financial and resourcing
12 There are no financial and resourcing considerations relevant to this report.
Ture me ngā Tūraru | Legal and risk
13 There are no legal considerations relevant to this report.
Ngā pānga ki ngā kaupapa here | Policy impact
14 This report has no current or future impact on Council policies.
Te whakawhiti kōrero me te tūhono | Communications & engagement
Te mahere tūhono | Engagement planning
15 An engagement plan is not required for this report.
Whakatairanga | Publicity
16 No publicity is required with regards to this report.
Ngā āpitihanga | Attachments
Nil
24 March 2022 |
Author: Tanicka Mason, Senior Advisor Democracy Services
Authoriser: Janice McDougall, Group Manager People and Partnerships
Taunakitanga | Recommendations That the minutes of the Council meeting of 24 February 2022 be accepted as a true and correct record.
|
1. Confirmation
of minutes - Council meeting 24 February 2022 ⇩
24 March 2022 |
· Covering other items if required
· Public Speaking Time responses
24 March 2022 |
Resolution to Exclude the Public
That, pursuant to Section 48 of the Local Government Official Information and Meetings Act 1987, the public now be excluded from the meeting for the reasons given below, while the following matters are considered. The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
|
[1] Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill. Refer Explanatory Note, p.1.
[2] Sense Partners (2021). Demographic and dwelling forecasts for Wellington region.
[3] Based on analysis prepared as part of the Council’s work to update the HBA.
[4] As provided for under s.77I and s.77O of the Act, and Policy 4 of the NPS-UD.
[5] The SDPR is the Council’s set of standards for infrastructure development, and is a document incorporated by reference into the District Plan.
[6] Refer RMA s.77F.
[7] Refer RMA s.77G(4).
[8] The District Plan contains three centres zones: the Metropolitan Centre Zone, the Town Centre Zone and the Local Centre Zone.
[9] Under ss77I and 77O of the RMA, qualifying matters include:
· matters of national importance under s6 of the RMA;
· matters required in order to give effect to a national policy statement or the New Zealand Coastal Policy Statement;
· matters required for ensuring the safe and efficient operation of nationally significant infrastructure;
· open space provided for public use, but only in relation to land that is open space;
· the need to give effect to a designation;
· matters necessary to implement, or to ensure consistency with, iwi participation legislation; and
· the requirement of the NPS-UD to provide sufficient business land suitable for low-density business uses to meet expected demand.
[10] ss77K and 77Q of the RMA describes “existing qualifying matters” in further detail.
[11] Refer to agenda item 8.2 of the Strategy and Operations Committee Meeting, 21 October 2021.
[12] This is the draft definition contained within PC2. It is noted that the papakāinga provisions, including this definition, are still being developed with iwi and are subject to change.
[13] Note that under s80E of the RMA, amendments to enable papakāinga are not limited to the urban environment.
[14] Based on analysis prepared as part of the Council’s work to update the HBA. This figure includes the competitiveness margins required by the NPS-UD.
[15] The Council has run the parameters of the proposed PC2 through its HBA model to generate these estimates. Note that these are high-level estimates of theoretical capacity only, and in particular do not account for other matters that might limit the development of an area, including maintaining existing development capacity in the Coastal Qualifying Matter Precinct (although the impact of the precinct is likely to be limited as it comprises approximately 6% of the General Residential Zone).
[16] As a reference, recent work analysis prepared as part of updating on the Council’s HBA has identified that approximately 44% of existing plan-enabled development capacity is feasible and realisable.
[17] s2 of the RMA defines amenity values as “those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes
[18] Refer to the Zone Introduction of the General Residential Zone in the Operative District Plan.
[19] Refer to the Zone Introduction of the General Residential Zone in the Operative District Plan.
[20] For clarity, this means that development in these areas would be subject to the same development rules as the rest of the General Residential Zone.
[21] The existing evidence base for the Beach Character Precincts dates from 2011 and 2017, and there is no existing evidence base for the Waikanae Garden Precinct. The Council is currently working to update the evidence base for these areas to support the development of these provisions.
[22] These policies are contained within the General Residential Zone chapter of the Operative District Plan.
[23] See in particular clauses 3 and 4A of Schedule 1 of the RMA.
[24] Stats NZ, ‘2018 census summary for Kapiti Coast’, accessed from https://www.stats.govt.nz/tools/2018-census-place-summaries/kapiti-coast-district.
[25] According to data from 2007, Māori are more likely to drink hazardously than non-Māori (in the case of wahine Māori this is by more than a factor of two). The premature death rate for Māori is 2.5 times the rate for non-Māori. In addition, young Māori males experience a disproportionately higher risk of hazardous drinking when living in closer proximity to alcohol outlets (Alcohol Healthwatch, 2020).