Notice is hereby given that a Meeting of the Regulatory and Consents Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 10 May 2018

9am

Council Chambers
15 Forth Street, Invercargill

 

Regulatory and Consents Committee Agenda

OPEN

 

 

MEMBERSHIP

 

Chairperson

Gavin Macpherson

 

 

Mayor Gary Tong

 

Councillors

Brian Dillon

 

 

Paul Duffy

 

 

Darren Frazer

 

 

Julie Keast

 

 

Neil Paterson

 

 

IN ATTENDANCE

 

Group Manager, Environmental Services

Bruce Halligan

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

 

 

 


 

Terms of Reference – Regulatory and Consents Committee

 

The Regulatory and Consents Committee is responsible for overseeing the statutory functions of the Council under the following legislation (but not limited to the following):

·                 Resource Management Act 1991

·                 Health Act 1956

·                 Food Act 2014

·                 Dog Control Act 1996

·                 Sale and Supply of Alcohol Act 2012

·                 Heritage New Zealand Act Pouhere Taonga Act 2014

·                 Building Act 2004

·                 Freedom Camping Act 2011

·                 Psychoactive Substances Act 2013

·                 Impounding Act 1955

·                 Southland Land Drainage Act 1935

·                 Southland Land Drainage Amendment Act 1938

 

 

The Regulatory and Consents Committee is delegated the authority to undertake the following functions in accordance with the Council’s approved delegations register:

 

(a)                  Maintain an oversight of the delivery of regulatory services;

(b)                 Conduct statutory hearings on regulatory matters and undertake and make decisions on those hearings (excluding matters it is legally unable to make decisions on as legislated by the Resource Management Act 1991);

(c)                  Appoint panels for regulatory hearings;

(d)                  Hear appeals on officer’s decisions to decline permission for an activity that would breach the Southland District Council Control of Alcohol Bylaw 2015;

(e)                  Approve Council's list of hearings commissioners (from whom a commissioner can be selected) at regular intervals and the Chief Executive Officer be authorised to appoint individual Commissioners for a particular hearing;

(f)                    Make decisions on applications required under the Southland District Council’s Development and Financial Contribution Policy for remissions, postponements, reconsiderations and objections;

(g)                  Approve Commissioners and list members under the Sale and Supply of Alcohol Act  2012;

(h)                  Exercise the Council's powers, duties and discretions under the Sale of Liquor Act 1989 and the Sale and Supply of Alcohol Act 2012;

(i)                    Hear objections to officer decisions under the Dog Control Act 1996.

(j)                    Hear objections and decide on matters under the Southland Land Drainage Act 1935 and Southland Land Drainage Amendment Act 1938.

 

 

The Regulatory and Consents Committee shall be accountable to Council for the exercising of these powers.

 

 

The Regulatory and Consents Committee is responsible for considering and making recommendations to Council regarding:

(a)                 Regulatory policies and bylaws for consultation;

(b)                Regulatory delegations;

(c)                 Regulatory fees and charges (in accordance with the Revenue and Financial Policy)

(d)                Assisting with the review and monitoring of the District Plan.


Regulatory and Consents Committee

10 May 2018

 

TABLE OF CONTENTS

ITEM                                                                                                                                                                                  PAGE

Procedural

1             Apologies                                                                                                                                                                5

2             Leave of absence                                                                                                                                                5

3             Conflict of Interest                                                                                                                                             5

4             Public Forum                                                                                                                                                         5

5             Extraordinary/Urgent Items                                                                                                                        5

6             Confirmation of Minutes                                                                                                                               5

Reports for Recommendation

7.1         Cost objection for Resource Consents 17/231 and 18/17 - Fiordland Trails Trust - Legs 3, 4 and 6 - Queens Reach to Balloon Loop and Supply Bay Road to Manapouri Township                                                                                                                                                                                    13

Reports

8.1         Consequential Amendments to Southland District Plan arising from NES-Plantation Forestry 2017                                                                                                                                                     14

Public Excluded

Procedural motion to exclude the public                                                                                                         95

C10.1    Application under Southland Land Drainage Act 1935 - Mr Kevin Woolhouse


 

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             Meeting minutes of Regulatory and Consents Committee, 26 April 2018


 

Regulatory and Consents Committee

 

OPEN MINUTES

 

 

Minutes of a meeting of Regulatory and Consents Committee held in the Council Chamber, 15 Forth Street, Invercargill on Thursday, 26 April 2018 at 9am.

 

present

 

Chairperson

Gavin Macpherson

 

 

Mayor Gary Tong

 

Councillors

Brian Dillon

 

 

Paul Duffy

 

 

Darren Frazer

 

 

Julie Keast

 

 

IN ATTENDANCE

 

Group Manager, Environmental Services

Bruce Halligan

Team Leader Resource Management

Marcus Roy

Legal Advisor

Barry Slowly

Committee Advisor

Alyson Hamilton

 

 

 


1             Apologies

 

An apology was received from Councillor Paterson.

 

Resolution

Moved Cr Duffy, seconded Cr Frazer  and resolved:

That the Regulatory and Consents Committee accept the apology.

 

 

2             Leave of absence

 

There were no requests for leave of absence.

 

 

3             Conflict of Interest

 

There were no conflicts of interest declared.

 

 

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 Dillon, seconded Mayor Tong  and resolved:

That the minutes of Regulatory and Consents Committee meeting held on 7 March 2018 be confirmed as a true and correct record of that meeting.

 

Reports for Resolution

 

 

7.1

Application under Southland Land Drainage Act 1935 - Mr Kevin Woolhouse

Record No: R/18/1/4/

 


 

The Chairperson, Cr McPherson welcomed those present to the Hearing introducing Committee members, Council staff and explained the order of speakers with the applicant, Mr Kevin Woolhouse and legal representative, Mr Riki Donnelly first, followed by the neighbouring property owner Mr Logan Pullar and his representative Mr Peter Moynihan.  They were also reminded of granted speaking times of 30 minutes per party.

 

Cr McPherson informed that Council endeavoured to make its hearings as relaxed and informal as possible however there were still legal requirements and protocols that must be followed.  He added the hearing procedure did not permit cross-examination however the Chair of the Committee may allow a question to be asked of the staff members present to clarify something within the recommending report, or to advise on any technical or statutory matters.

 

Group Manager Environmental Services, Mr Bruce Halligan advised the purpose of the Hearing was that an application has been received from Mr Kevin Woolhouse, via Preston Russell Law, seeking that Council exercises its powers under the Southland Land Drainage Act 1935 to require his neighbour, Mr Logan Pullar, to undertake physical works on Mr Pullar’s property in order to improve drainage on Mr Woolhouse’s property.

 

Mr Halligan explained Mr Woolhouse owns property at 102 Talbot Road, Te Anau. Mr Pullar owns the adjoining property to the west/south, with the parent property being 643 Kakapo Road.

 

The Committee was advised that Mr Woolhouse, via his solicitors Preston Russell Law, has alleged that Mr Pullar has undertaken physical actions and a lack of drainage maintenance which have led to regular extensive flooding of Mr Woolhouse’s property as water is unable to drain away to the south-west. Mr Woolhouse considers that this is having an adverse effect on his farm productivity.

 

Mr Woolhouse had sought that the Council requires immediate remedial action from Mr Pullar to address this situation, in accordance with the Council’s powers under Section 7 of the Southland Land Drainage Act 1935.

The Committee noted the Southland Land Drainage Act 1935 is a local Act which is more than 80 years old which has never been repealed.

The Committee further noted the purpose of this Act is specified as An Act to make better provision for land drainage within the Counties of Southland and Wallace”. The empowering provisions of the Local Government Act and associated transition provisions from the 1989 local government reorganisation mean that these powers under the Southland Land Drainage Act have transferred from the former Wallace County Council to the Southland District Council.

Mr Halligan tabled his staff report and spoke briefly to this, which had been previously circulated.

Mr Halligan informed it is understood that this application follows several years of dialogue between the parties over drainage issues, which has also involved Environment Southland.

Mr Halligan advised that rather than requiring immediate action from Mr Pullar as requested by Mr Woolhouse, the Council responded to Mr Woolhouse to indicate that the intended course of action was to proceed to a hearing.

Mr Halligan explained this course of action is to enable both parties to have an opportunity to present their respective perspectives on the matter.   Mr Halligan added Mr Woolhouse eventually agreed to this course of action and has paid the required hearing deposit.

Mr Halligan advised that his staff report recommendation was that Mr Pullar not be required to take action as requested by Mr Woolhouse, as based on the information he held at the time of writing the report, he was not satisfied that this action would resolve the drainage issues in the area.  Mr Halligan noted however that this recommendation was not binding on the Committee.

 

 

9.10am - Mr Kevin Woolhouse and his Legal Representative Mr Riki Donnelly

 

 

Mr Donnelly presented his opening legal submission as Legal Counsel for the Applicant. 

 

Mr Donnelly highlighted in his opinion three key issues for the Committee’s consideration. These being:

 

1)      Requests the Committee to exercise its powers under the Southland Land Drainage Act 1935 under section 3(a) and require Mr Pullar to remove any obstructions and repair the drain to a proper state of efficiency.

 

2)      Concern that the Southland Land Drainage Act 1935 is a relatively aged local statute dating 1935 with difficult language to understand and to interpret.

 

3)      That it is appropriate for Mr Pullar to undertake remedial work as per the recommendation from Mr Gary Morgan, Principal Land Sustainability Officer, Environment Southland. 

 

Mr Halligan informed for the members information that Mr Morgan has since retired and was not available to attend this Hearing.  Mr Halligan added that it is understood Mr Woolhouse was directed to the Southland District Council under the Southland Land Drainage Act 1935 after Environment Southland advised him it had no statutory authority to require any action from either party therefore Mr Woolhouse

 

Questions and Clarification

 

The following questions and points of clarification were sought by the Committee.

 

Cr Duffy queried the applicant on the area of land that is currently being flooded.  Mr Woolhouse responded the area totalled about one hectare.

 

Cr Duffy further queried whether the applicant felt this was due to the blockage.   Mr Woolhouse responded it was.

 

Cr Dillon queried the applicant if the damaged novalflo was working properly whether this would suffice.   Mr Woolhouse responded that it would.

 

Mr Halligan clarified to the Committee on the map provided the boundary of the properties in question, the location of the existing drainage the fall and the location of the area requested to be reinstated.

 

Mr Donnelly and Mr Woolhouse concluded their submission at 10.30 am.

 

 

9.45am Mr Logan Pullar and his representative Mr Peter Moynihan

 

 

Mr Moynihan and Mr Pullar addressed the Committee advising that the flooding issue to Mr Pullar’s property has occurred due to the drain having been blocked following Mr Woolhouse undertaking landscaping of his property by way of filling in the open drain and replacing with pipework.

 

Mr Moynihan added this in turn has shifted volumes of water of water away from Mr Pullar’s receiving drain and to pond in lower areas of his property.

 

Mr Moynihan explained that since Mr Woolhouse filled in the open drains, they are blocked at point (a) highlighted on the map and have zero efficiency.  Mr Pullar added the water has been shifted away from the connected drain.

 

Mr Pullar commented that Mr Woolhouse’s map of drainage is also inaccurate and does not show the full extent of the drainage system in place.

 

Questions and Clarification

 

The following questions and points of clarification were sought by the Committee.

 

Cr Duffy sought clarification on the common sub-surface drain and the relevant fall.

 

Mr Pullar advised he added a soak hole and an extra 800 metres of drain foil across the paddock to eliminate this issue.

 

Cr Duffy queried whether the original open drain worked well prior to being filled in and queried how big is the replacement pipe.  Mr Pullar responded 150ml pipes and that the issue is that it’s a huge catchment area.

 

The Committee queried the drainage map attached to the report seeking clarification on the measurements of the culvert on the boundary, the measurements relating to where the subsurface drain where it intersects the boundary and the fall relating to these areas.

 

Mr Pullar responded that he has independent persons undertake laser measurements to give an accurate fall measurement which appears not to agree with Mr Woolhouse’s measurements.

 

Cr Dillon queried whether the varying colour of the contour of the land on the map.  Mr Pullar responded that the low spots have been altered on the Woolhouse property and water will be directed to the low spots.

 

Mr Moynihan and Mr Pullar concluded their submission at 10.30 am.

The Hearing adjourned at 10.30 am and reconvened at 10.45am.

 

 

10.45am - Applicant Right of Reply

 

 

Mr Donnelly advised there appears to be three parts to this issue:

 

1)      The original agreement between these two both parties provides relevant background on this issue for the Committee’s consideration.

 

2)      Reason for the water ponding; Mr Woolhouse and Mr Pullar have conflicting views on the reasons for this occurrence.

 

3)      How to fix this problem and the ensuing issue that has occurred.

 

Mr Donnelly commented that prior to the hearing he had been unaware of the importance of the relevant levels along the north south solid red line as shown on the plan appended to Mr Morgan’s report, being the relevant levels between Point A and the southern end of that solid red line.

 

Mr Halligan responded that this was clearly signalled as information which may assist the Committee in his staff report. Item 39.

 

In response Mr Donnelly requested the Committee provide a short time frame to obtain further information of a letter of clarification from Te Anau Earthworks on the relevant levels.

 

Mr Donnelly completed his right of reply.

 

The Committee agreed to adjourn the hearing at 11.20am on 26 April 2018 at the request of Mr Donnelly (Legal Advisor)  on behalf of  the applicant, Mr Woolhouse, to provide the applicant with an opportunity to provide additional information from Te Anau Earthworks relating to the following point:

 

§  the relative levels of Point A and the point at the southern end of the solid red line as illustrated on the drainage plan appended to Mr Morgan’s technical report.

 

§  This information to be provided in electronic form to Mr Halligan at the Southland District Council by no later than 5pm on Wednesday 2nd May 2018.

 

The Committee further agreed that Mr Halligan would then provide this information in electronic form to Mr Pullar to provide any comment he wishes to make, with this comment to be provided no later than 5pm on Tuesday 8th May 2018.

 

Following receipt of the additional information and any further comment from Mr Pullar, the Committee to be reconvened in Committee on Thursday 10th May 2018 at 9am to deliberate on the matter and reach its decision.

 

 

 

Resolution

Moved Cr Dillon, seconded Mayor Tong  recommendations a, with a new b (as indicated with strikethrough and underline) and resolved:

That the Regulatory and Consents Committee:

a)            Receives the report titled “Application under Southland Land Drainage Act 1935 - Mr Kevin Woolhouse” dated 16 April 2018.

 

b)           Makes the decision it considers appropriate with respect to its powers under the Southland Land Drainage Act 1935, having heard all relevant information from the respective parties involved, and having received relevant technical advice from Environment Southland.

 

b)           Agrees to adjourn the hearing at 11.20am at the request of Mr Donnelly (Legal Advisor)  on behalf of  the applicant, Mr Woolhouse, to provide the applicant with an opportunity to provide additional information from Te Anau Earthworks on the relative levels of Point A and the point at the southern end of the solid red line as illustrated on the drainage plan appended to Mr Morgan’s technical report. This information to be provided in electronic form to Mr Halligan at the Southland District Council by no later than 5pm on Wednesday 2nd May 2018.

 

Mr Halligan to then provide this information in electronic form to Mr Pullar to provide any comment he wishes to make, with this comment to be provided no later than 5pm on Tuesday 8th May.

 

Following receipt of the additional information and any further comment from Mr Pullar, the Committee to be reconvened in Pubic Excluded on Thursday 10th May at 9am to deliberate on the matter and reach its decision.

 

 

 

 

The meeting was adjourned at 11.20am            CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Regulatory and Consents Committee HELD ON THURSDAY, 26 APRIL 2018.

 

 

 

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

 

 

 

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

 


Regulatory and Consents Committee

10 May 2018

 

Cost objection for Resource Consents 17/231 and 18/17 - Fiordland Trails Trust - Legs 3, 4 and 6 - Queens Reach to Balloon Loop and Supply Bay Road to Manapouri Township

Record No:             R/18/5/10243

Author:                      Marcus Roy, Team Leader Resource Management

Approved by:         Bruce Halligan, Group Manager Environmental Services

 

  Decision                                        Recommendation                                  Information

 

 

 

Summary

1        Fiordland Trails Trust (The Trust) applied for resource consent in November 2017 to construct Leg 6 (Supply Bay Road to Manapouri Township) of the Te Anau to Manapouri Cycle trail (Lake to Lake Trail). The decision was issued on 22 February 2018 (Attachment A). The Trust also sought retrospective consent in January 2018 for Legs 3 and 4 (Queens Reach to Balloon Loop) this decision was issued on 22 February 2018 (Attachment B)

2        The combined cost in processing these two resource consents from Council was $4,320.00 inclusive of GST. The Trust objected on 6 March 2018 to the costs of processing these consents in accordance with Section 357B of the Resource Management Act 1991.

3        The objection letter (Attachment C) seeks Council waives these charges based on the public good and the fact that Council’s opinion on whether resource consents were required changed as the project evolved.

4        This report considers the objection and recommends that a no deduction is given for the two resource consent decisions issued to The Trust.

Background

5        The Trust is a charitable trust set up to construct and operate a multiuse trail on the western side of State Highway 95 between Te Anau and Manapouri Townships.

6        At the conception of the Lake to Lake trail (May 2015) The Trust contacted Council to determine if resource consents were required to construct Legs 1 and 2 (Makarora Yacht Club to Queens Reach). At this time Council advised that no resource consents were required which was based on Council’s opinion that the construction of roads/trails within legal roads is a permitted activity. This opinion was prior to the Around the Mountains Cycle Trail Environment Court decision (AMCT decision) being released. Stages 1 and 2 were therefore constructed based on the Council advice.

7        Towards the end of 2016, The Trust was in the process of starting works on Legs 3 and 4 of the Lake to Lake Trail (Queens Reach to Balloon Loop). This was a few months after the AMCT decision was released which ruled that Council’s opinion on what could occur within legal road was incorrect (consents were required). Council advised The Trust in December 2016 that resource consent was likely to be required. Further, after a legal review of the agreement between The Trust and the Department of Conservation, Council considered that The Trust didn’t meet the section 4(3) exemption under the RMA for “Works of the Crown”. Accordingly, it was decided in early 2017 that construction works on Legs 3 and 4 could occur and that retrospective resource consent could be sought after the trail had been constructed.

8        Resource consent for Leg 6 was sought prior to construction commencing. A breakdown of costs associated with this resource consent are outlined in (Attachment D).

9        They key matters for the Committee to consider when making a recommendation on this objection my opinion are:

-     Section 36 of the RMA enables council to fix charges in relation to applications for resource consent.

-     Council’s approved fees and charges for 2017/2018 charges Resource Management staff time at $120.00 per hour.

-     The cost breakdown (25.8 hours) in my opinion is a fair reflection of the time taken to process this resource consent. This consent had a couple of tricky matters to resolve during the processing. I note there has been no charges incurred for a site visit or any “Team Leader” time captured in the breakdown.

-     The proposed charges in the 2018-2028 Long Term Plan are identified to increase to $150.00 per hour to achieve better cost recovery for the Resource Management Department and change the weighting to more “user pays” and less “subsidised by rates”. 

-     Various other Trusts (eg South Catlins Charitable Trust and Fiordland Retirement Housing Trust) have both sought and obtained resource consents from Council without any deduction. The cost for these consents were $21,169.75 and $2,280.00 respectively.

-     There is a potential for setting a precedent for future cost objections from Trusts.

-     The objection letter indicates that there has been existing funding provided to The Trust from Council. Records indicate that a total of $142,250.00 has been granted to The Trust to date for construction and maintenance.

-     The public good generated from The Trust’s work.

10      Overall in consideration of the above objection, in this instance I consider that while the Trust is providing a community asset,  a resource consent was triggered and the overall charges of the two consents was not unreasonable.

 

 

Recommendation

That the Regulatory and Consents Committee:

a)            Receives the report titled “Cost objection for Resource Consents 17/231 and 18/17 - Fiordland Trails Trust - Legs 3, 4 and 6 - Queens Reach to Balloon Loop and Supply Bay Road to Manapouri Township” dated 4 May 2018.

 

b)           Provides no reduction in processing costs for Resource Consents 17/231 and 18/17.

 

 

Attachments

a             FINAL Decision Letter to Fiordland Trails Trust - Resource Consent 360 10 17 231 - 1850 Manapouri Te Anau Highway 

b             FINAL Decision Letter to Fiordland Trails Trust

c             Cost objection Fiordland Trails Trust - Leg 6

d            Cost Breakdown RC 17/231    

 


Regulatory and Consents Committee

10 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory and Consents Committee

10 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory and Consents Committee

10 May 2018

 


 


Regulatory and Consents Committee

10 May 2018

 

 


Regulatory and Consents Committee

10 May 2018

 

Consequential Amendments to Southland District Plan arising from NES-Plantation Forestry 2017

Record No:             R/18/4/8838

Author:                      Rebecca Blyth, Senior Policy Analyst

Approved by:         Bruce Halligan, Group Manager Environmental Services

 

  Decision                                        Recommendation                                  Information

 

 

 

Background

1        The National Environmental Standards for Plantation Forestry Regulations 2017 (NESPF) came into effect on 1 May 2018.  The NESPF were developed by the Ministry of Primary Industries in partnership with the Ministry for the Environment and were in development for a number of years.  Southland District Council had been involved in several rounds of consultation and formally submitted on the regulations prior to their establishment. 

2        The NESPF covers 8 core plantation forestry activities providing for these to be carried out a permitted activities subject to conditions to manage potential effects on the environment.  If the permitted conditions cannot be met then a resource consent from the District or Regional Council will be required and follow the same process as set out under the Resource Management Act 1991 as those required under the District Plan. 

 

District Plan Alignment

The NESPF regulation will override in most cases the rules that relate to forestry and associated forestry activities contained in the District Plan.  The Council is required to amend its plan as soon as practicable after the date the NESPF comes into force.  The rules that duplicate or conflict with the NESPF can be removed or amended without using the Schedule 1 process set out in the Resource Management Act 1991.  This means the changes can be made without the formal plan change process which involves, notification, 2 rounds of submissions, hearings and decisions that can be appealed.

3        An analysis of the required changes has been undertaken by the Resource Management Section Policy Planners and the changes made to the Rural Zone and the Hazardous Substances Sections of the District Plan 2018.  These are attached for your information. 

4        Essentially only those parts of our rules that may be more stringent and require consent under the District Plan relate to Outstanding Natural Features and Landscapes and Archaeological sites.  It is important to also note that the NESPF does not apply to any indigenous vegetation clearance prior to afforestation (the first time a forest is established) and therefore this is likely to require Consent under the District Plan.

5        This has resulted in the deletion of the majority of the forestry specific provisions in the District Plan, including the requirement to give 12 month notice prior to harvesting and restrictions around planting specific trees that have the potential to become ‘wilding’ trees.  These matters will now be managed through the NESPF.

6        Council is not required to formally make a decision on these amendments and as such this report is for information only. 

 

Recommendation

That the Regulatory and Consents Committee:

a)            Receives the report titled “Consequential Amendments to Southland District Plan arising from NES-Plantation Forestry 2017” dated 5 May 2018.

 

b)           Notes the amendments to the District Plan as being for their information

 

 

Attachments

a             Rural Zone

b             Hazardous Substances and Contaminated Land    

 


Regulatory and Consents Committee

10 May 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory and Consents Committee

10 May 2018

 


 


 


 


 


 


 


 

  

     

 

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

Recommendation

 

That the public be excluded from the following part(s) of the proceedings of this meeting.

C10.1    Application under Southland Land Drainage Act 1935 - Mr Kevin Woolhouse

The general subject 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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48(1) for the passing of this resolution

Application under Southland Land Drainage Act 1935 - Mr Kevin Woolhouse

 

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

 

That the public conduct of the whole or the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists.