Agenda of Resource Management Committee

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Notice is hereby given that a Meeting of the Resource Management Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Friday, 18 March 2016

9.00am

Council Chambers

15 Forth Street, Invercargill

Resource Management Committee Agenda

OPEN

MEMBERSHIP

Chairperson	Paul Duffy
Councillors	Lyall Bailey
	Rodney Dobson
	John Douglas
	Julie Keast
	Gavin Macpherson

IN ATTENDANCE

Manager, Resource Planning	Simon Moran
Committee Advisor	Alyson Hamilton

Contact Telephone: 0800 732 732

Postal Address: PO Box 903, Invercargill 9840

Email: emailsdc@southlanddc.govt.nz

Website: www.southlanddc.govt.nz

Full agendas are available on Council’s Website

www.southlanddc.govt.nz

Resource Management Committee

18 March 2016

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TABLE OF CONTENTS

ITEM PAGE

Procedural

1 Apologies 4

2 Leave of absence 4

3 Conflict of Interest 4

4 Public Forum 4

5 Extraordinary/Urgent Items 4

6 Confirmation of Minutes 4

Reports

7.1 Minor amendments - Proposed Southland District Plan 2012 11

1 Apologies

At the close of the agenda no apologies had been received.

2 Leave of absence

At the close of the agenda no requests for leave of absence had been received.

3 Conflict of Interest

Committee Members are reminded of the need to be vigilant to stand aside from decision-making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Public Forum

Notification to speak is required by 5pm at least two days before the meeting. Further information is available on www.southlanddc.govt.nz or phoning 0800 732 732.

5 Extraordinary/Urgent Items

To consider, and if thought fit, to pass a resolution to permit the committee to consider any further items which do not appear on the Agenda of this meeting and/or the meeting to be held with the public excluded.

Such resolution is required to be made pursuant to Section 46A(7) of the Local Government Official Information and Meetings Act 1987, and the Chairperson must advise:

(i) The reason why the item was not on the Agenda, and

(ii) The reason why the discussion of this item cannot be delayed until a subsequent meeting.

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

6 Confirmation of Minutes

6.1 Minutes of Resource Management Committee meeting held 23 October 2015 to be confirmed as a true and correct record.

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Resource Management Committee

OPEN MINUTES

Minutes of a meeting of Resource Management Committee held in the Council Chambers, 15 Forth Street, Invercargill on Friday, 23 October 2015 at 10am.

present

Chairperson	Paul Duffy
Councillors	Lyall Bailey
	Julie Keast

IN ATTENDANCE

Manager Resource Management, Simon Moran, Group Manager, Environment & Community, Bruce Halligan, Senior Resource Management Planner, Courtney Ellison and Area Officer, Riverton Alyson Hamilton.

1 Apologies

Apologies for non-attendance were lodged from Councillors Dobson and Macpherson.

Moved Cr Keast, seconded Cr Bailey and resolved:

That the apologies for non-attendance lodged by Councillors Dobson and McPherson be sustained.

2 Leave of absence

There were no requests for leave of absence.

3 Conflict of Interest

No conflicts of interest were noted.

4 Public Forum

There was no public forum.

5 Extraordinary/Urgent Items

There were no Extraordinary/Urgent items.

6 Confirmation of Minutes

Resolution

Moved Cr Bailey, seconded Cr Keast and resolved:

That the minutes of Resource Management Committee meeting held on 26 June 2015 be confirmed.

7 Reports

7.1

Draft Variation to the Proposed District Plan 2012 - Rural Settlement Areas

Record No: R/15/9/16641

Report by Courtney Ellison, (Senior Resource Management Planner – Policy) seeking the Committee’s approval of the draft variation for the Rural Settlement Areas, for consultation with the relevant communities, was tabled.

Mrs Ellison advised that on 5 August 2015, Council gave approval for staff to draft a variation to create new Rural Settlement areas for Orepuki and Gorge Road.

Mrs Ellison explained staff have prepared a draft variation which shows the proposed changes to the text of the Proposed District Plan 2012, and establishes the potential boundaries which would be shown on the Proposed District Plan Maps.

Mrs Ellison advised it is proposed to consult with the communities on the proposed changes prior to starting the formal process under the Resource Management Act (RMA) to provide more flexibility for the communities to shape the rules that will affect them.

1 Issues discussed included;

2 Wastewater disposal

3 The meeting was informed Gorge Road has a reticulated wastewater system and staff have discussed the existing capacity of the system and the potential for future connections to be made with Water and Waste staff. A preliminary assessment indicates that development within the boundary suggested for the Rural Settlement Area could be accommodated by the existing wastewater system.

4 It was noted there is no reticulated system in Orepuki. Staff advised that report has been prepared by Veena Boon in her capacity as an Environmental Consultant on the potential constraints or requirements for disposing wastewater within the Orepuki township. This report indicates that a house could be constructed on a quarter acre section if a secondary treatment system is used, and if the section is larger, then there could be more flexibility around the type of treatment system used.

5 Members noted the New Zealand Standard 1547:2012 “On-site Domestic Wastewater Management” in conjunction with the Building Code already ensures that any new development will meet those legal requirements and the wastewater is disposed of on the site correctly.

Mrs Ellison explained no rules relating to wastewater requirement are considered necessary within the District Plan. However, given the information Council holds on the likely section size and treatment options suitable for Orepuki, it is recommended that there is some guidance material developed specific to the Orepuki township to assist anyone thinking of building a dwelling in that area.

6 Landscape values

7 The Committee was informed part of Orepuki township is covered by the Visual Amenity Landscape Overlay. This overlay was based on the Southland Coastal Landscape Study 2006 prepared by Boffa Miskell. This study recognised the village character of the area and that the existing settlement was capable of accommodating further growth.

8 Therefore staff believed it appropriate that some modifications are made to the rules applying to the Visual Amenity Landscape Overlay, and it is also proposed the boundary be shifted to align with Surrey Street. The rules would be tweaked so that buildings would still have to meet the more restrictive height requirements for the VAL, and the building materials, however the additional setbacks from roads that apply within the VAL would not apply within the Rural Settlement Overlay.

Mr Moran reported to the meeting of the proposed amendments to the Planning Maps, introduction and rules of the Rural Zone. He advised that some aspects of the Rural Zone rules reflect the aspects of the Proposed District plan which are still subject to appeal. Most of the appealed provisions will not be affected by this Variation, however some amendments to the Visual Amenity Landscape overlay rules are proposed in relation to the Rural Settlement Areas specifically.

Councillor Bailey queried the setback requirements from the boundary where the state highway speed limit is 70 kms/hr. Mrs Ellison responded that this rule already exists in the Noise Section of the Plan and it is proposed to shift it to this section so it is clearer for people building a dwelling that this rule applies.

Mr Moran advised that in the Urban Zone the speed limit would be lower anyway so the setbacks relating to areas with a speed limit of 70km/hr or greater would not apply.

Mr Halligan commented that dwellings within a Rural Settlement area are permitted provided they are within 80 metres of the seal edge of a State Highway that has a speed limit of 70km/hr and greater, or within 40 metres of the seal edge of a State Highway that has a speed limit of less than 70km/hr.

Councillor Bailey queried onsite waste disposal system available. Mr Moran explained the options of either primary or secondary disposal system options, confirming costings of the secondary system ranged from $12,000 to $20,000.

Discussion took place on the required 150 metre setback from any existing dwelling. Mrs Ellison confirmed the 150 metre rule applied from any existing dwelling, and that this variation was proposing to remove this requirement within the Rural Settlement Areas.

Mr Moran advised moving forward the next steps to this process will include meetings to be held with the communities in Orepuki and Gorge Road to discuss the background to the proposed changes and what they could look like. Following these meetings, there will be the opportunity for people to review the proposal and provide their comments back to Council over a period of 3 weeks.

9 Further to this staff will also discuss the draft variation with staff at Te Ao Mārama Incorporated, Environment Southland, and any other relevant agencies such as the New Zealand Transport Agency.

The feedback will be collated and any potential amendments included into a revised draft Variation which will be reported to the Resource Management Committee and Council for approval to notify the Variation in accordance with the RMA.

Resolution

Moved Cr Keast, seconded Cr Bailey

and resolved that the Resource Management Committee:

a) Receives the report titled “Draft Variation to the Proposed District Plan 2012 - Rural Settlement Areas” dated 9 October 2015.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

c) Determines that it has complied with the decision-making provisions of the Local Government Act 2002 to the extent necessary in relation to this decision; and in accordance with Section 79 of the Act determines that it does not require further information, further assessment of options or further analysis of costs and benefits or advantages and disadvantages prior to making a decision on this matter.

d) Approves the draft Variation to the Proposed District Plan 2012 to create
Rural Settlement Areas at Orepuki and Gorge Road and that informal consultation be undertaken with these communities to discuss the proposed changes and to provide staff feedback on the proposal.

Meeting closed 10.30am CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Resource Management Committee HELD ON FRIDAY, 23 OCTOBER 2015.

DATE:...................................................................

CHAIRPERSON:...................................................

Resource Management Committee

18 March 2016

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Minor amendments - Proposed Southland District Plan 2012

Record No: R/16/2/2095

Author: Courtney Ellison, Senior Resource Management Planner - Policy

Approved by: Bruce Halligan, GM - Environment and Community

☒ Decision ☐ Recommendation ☐ Information

Purpose

1 To seek the Committee’s approval to make minor changes to the Proposed District Plan.

Executive Summary

2 Staff have identified a number of minor changes that need to be made to the Proposed District Plan, that do not alter how the plan will be implemented or the rules that apply. The changes are typically to correct where information has been displayed incorrectly on the maps, to include designations which have already been through the appropriate consultation process, or to correct some grammatical and formatting errors.

3 The Resource Management Act provides (under Clause 16(2), First Schedule) for minor changes to be made to a planning document without following the usual ‘First Schedule’ process.

Recommendation

That the Resource Management Committee:

a) Receives the report titled “Minor amendments - Proposed Southland District Plan 2012” dated 7 March 2016.

b) Determines that this matter or decision be recognised as not significant in terms of Section 76 of the Local Government Act 2002.

d) Approves staff making the changes to the Proposed District Plan 2012 outlined in Attachment A, without any further process, as provided for in Clause 16(2) of the First Schedule of the Resource Management Act.

Content

Background

4 Most of the rules in the Proposed District Plan 2012 now apply, and as staff are implementing the plan the have identified some changes and improvements that could be made to the plan. Most of these have been incorporated into the Variation to the Proposed District Plan currently out for consultation. However there are also some more minor changes to the plan that have been identified, which staff consider could be made to the plan without requiring any further consultation or formal process.

5 The Resource Management Act provides for changes to be made to a plan where it will have a minor effect, or correct any minor errors (Clause 16(2), First Schedule, RMA). The proposed changes are outlined in Attachment A and staff consider those changes all meet the requirements of that clause outlined above and could therefore be made without going through the First Schedule process which includes two opportunities for submissions, hearings and then decisions.

Issues

6 There are no significant issues identified as a result of the changes suggested to the Proposed District Plan 2012.

Factors to Consider

Legal and Statutory Requirements

7 Clause 16(2) of the First Schedule of the Resource Management Act provides for changes to be made to a plan where it will have a minor effect, or correct any minor errors, without having to go through the full plan change or variation process.

Community Views

8 As the changes are of a minor effect, it is not considered necessary to collect the views of the community.

Costs and Funding

9 There will be a small amount of costs in term of staff time and printing that will be met by the existing District Plan budgets.

Policy Implications

10 There are no known policy implications.

Analysis

Options Considered

11 The Committee can decide to either make those changes to the Proposed District Plan 2012 or not.

Analysis of Options

Option 1 – Make the identified changes to the Proposed District Plan

Advantages	Disadvantages
· The Proposed District Plan will remain up to date and as accurate as possible	· No disadvantages have been identified.

Option 2 – No changes made to the Proposed District Plan.

Advantages	Disadvantages
· No advantages have been identified	· Planners will have to rely on informal guidance/ practice notes to ensure maps and rules are understood correctly.

Assessment of Significance

12 As the proposed changes are of only minor effect, and will not substantially change the rules that will apply under the District Plan, it is not considered the significance policy applies.

Recommended Option

13 Option 1, to make the identified changes to the Proposed District Plan is recommended, as it ensures the Plan remains relevant and up to date.

Next Steps

14 Following a decision from the Committee, staff can make the changes to the Plan, and provide the updated version on Councils website, and in the hard copy plans that are available in Council’s area offices and libraries.

Attachments

a Schedule of Minor Amendments View

Resource Management Committee

18 March 2016

Attachment A

Schedule of Minor Amendments to Proposed District Plan 2012

11 March 2016

Designations

Decisions on the following designations were made following the Proposed District Plan being notified and were therefore not originally included, however they already have legal effect.

Des No.	Requiring Authority and Designation Name	“Purpose”	Location	Legal Description	Conditions	Map
Southland District Council – Public Utility
D254	Curio Bay Wastewater Treatment Plant	Public Utility to establish, operate and maintain a Wastewater Treatment Plan at Curio Bay	550 Waikawa Curio Bay Road, Curio Bay	Lot 7, DP 431152	Yes	43, 43B
The Power Company Ltd
D255	The Power Company Limited	Electricity Zone Substation including all buildings, structures, lines and ancillary purposes	100 Boundary Road, Drummond	Lot 4, DP 456725	Yes	32
D256	The Power Company Limited	Athol Five Rivers Substation – Electricity Zone Substation and Ancillary Purposes	Road Reserve adjacent to 375 Athol Five Rivers Highway, Athol		Yes	11
D257	The Power Company Limited	Winton Hedgehope Substation – Electricity Zone Substation and Ancillary Purposes	2014 Winton Hedgehope Hwy, Hedgehope	Lot 1 DP 471983	Yes	33

The planning maps identified in the last column of the table above, therefore also need to be updated)

Map 58 which shows D242 – State Highway 95, also needs to be amended to show the full extent of the designation at the Manapouri end which continues to the intersection with Waiau, Home and Hillside Manapouri Roads

The following designations have been uplifted and therefore need to be removed from Schedule 5.3

o D112 Blackmount Primary School

o D149 Waimahaka Primary School

Heritage schedule

A minor correction is required to the address for the Liddell’s Building (H37) as the schedule refers to 242 Great North Road, but it is located at 246 Great North Road.

Rural Zone

The note at the bottom of Rule RURAL.1(19) needs to be shifted to the end of Rule RURAL.1 and aligned, so it is clear it is a note to the rule generally, not specific to any of the subclauses.

Rule RURAL.1(6)(2) needs to be amended to refer to the extraction of gravel between 1500 and 5000m³.

Rule NSE.6 needs to be shifted to the Rural and Urban Zone rules, as it relates to the construction of a dwelling but there is currently no clear signal for plan users that they need to consider that rule in the noise section of the plan. This is particularly relevant in the Urban Zone, where it is unlikely that dwellings would be able to be set back 40m from the State Highway boundary.

Definitions

In the definition for national grid ‘exit’ should replace the word ‘exist’.

Maps

Maps 49 and 62 which cover Colac Bay and Oban respectively, need to be updated to correctly reflect that the areas zoned Urban are not covered by the Coastal Environment Overlay. This is consistent with the approach taken at Riverton where the planning maps clearly exclude the Urban Zoned area from the Coastal Environment Overlay. The introduction to the Coastal Environment section of the plan also states that the overlay covers Rural and Fiordland/Rakiura Zoned land, but does not refer to the Urban Zone.