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Before the Christchurch Replacement District Plan Hearings Panel

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Before the Christchurch Replacement District Plan Hearings Panel 3723 CCC Closing submission Topic 9.3 Page 1 of 111 BEFORE THE CHRISTCHURCH REPLACEMENT DISTRICT PLAN HEARINGS PANEL IN THE MATTER of the Resource Management Act 1991 and the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 AND IN THE MATTER of the Natural and Cultural Heritage Stage 3 Proposal CLOSING LEGAL SUBMISSIONS ON BEHALF OF CHRISTCHURCH CITY COUNCIL 9.3 HISTORIC HERITAGE 17 June 2016 Barristers & Solicitors M G Conway / C G Coyle Telephone: +64-4-499 4599 Facsimile: +64-4-472 6986 Email: [email protected] / [email protected] PO Box 2402 WELLINGTON 27904391_3.docx 3723 CCC Closing submission Topic 9.3 Page 2 of 111 TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................ 1 2. KEY CHANGES TO PROPOSAL SINCE START OF HEARINGS .......................... 4 3. DEVELOPMENT OF THE PROPOSAL .................................................................... 8 4. OBJECTIVE ............................................................................................................. 11 5. POLICIES ................................................................................................................. 12 6. RULES ..................................................................................................................... 26 7. MATTERS OF CONTROL AND MATTERS OF DISCRETION .............................. 49 8. APPENDICES .......................................................................................................... 52 9. DEFINITIONS ........................................................................................................... 55 10. HERITAGE PROFESSIONAL .............................................................................. 60 11. STATEMENTS OF SIGNIFICANCE .................................................................... 66 12. HERITAGE INTERIORS ...................................................................................... 68 13. LANDOWNER ENGAGEMENT AND BUY-IN .................................................... 72 14. FINANCIAL BURDEN AND PART 2 RMA MATTERS ....................................... 72 15. BESPOKE REGIME FOR CHURCHES ............................................................... 76 16. APPROACH OF LISTING BUILDINGS AS A WHOLE ...................................... 76 17. COUNCIL NON-REGULATORY METHODS ...................................................... 77 18. SITE SPECIFIC REQUESTS ............................................................................... 78 The Crossings Development / Former Beath’s Department Store ................................. 78 High Street Triangles ....................................................................................................... 79 Hagley Park ..................................................................................................................... 80 Akaroa Heritage Area ...................................................................................................... 83 Arts Centre Registry Office .............................................................................................. 84 St Barnabas Parish Administration Building .................................................................... 89 Public Trust – 152 Oxford Terrace .................................................................................. 90 19 Exeter Street ............................................................................................................... 97 104 Glandovey Road ....................................................................................................... 98 Rehutai - 427 Menzies Bay Road .................................................................................... 98 Slab Cottage .................................................................................................................... 99 Lyttelton Heritage Area .................................................................................................... 99 3 Rue Benoit, Akaroa .................................................................................................... 100 Holy Trinity Avonside Lychgate ..................................................................................... 100 St Peters Church Lychgate ............................................................................................ 101 Banks Peninsula Presbyterian Church Akaroa ............................................................. 101 College House – 100 Waimairi Road ............................................................................ 102 81 Grehan Valley Road ................................................................................................. 103 Bishopspark Chapel....................................................................................................... 103 32 Armagh Street – Christ's College ............................................................................. 104 27904391_3.docx 3723 CCC Closing submission Topic 9.3 Page 3 of 111 35 Knowles Street .......................................................................................................... 104 Waltham Park Memorial Gates...................................................................................... 105 St Marys Pro Cathedral, Aberdeen Cottages, Manchester Street Manor Cottages and Victoria Square .............................................................................................................. 105 St Saviours Church at Holy Trinity ................................................................................ 106 19. CONCLUSION .................................................................................................... 106 27904391_3.docx 3723 CCC Closing submission Topic 9.3 Page 4 of 111 MAY IT PLEASE THE PANEL: 1. INTRODUCTION 1.1 These closing legal submissions are filed on behalf of the Christchurch City Council (Council) and relate to Topic 9.3 of the Chapter 9: Natural and Cultural Heritage (Stage 3) Proposal (Proposal). 1.2 The protection of historic heritage from inappropriate subdivision, use and development is a matter of national importance under section 6(f) of the Resource Management Act (RMA). Recognising and providing for this protection presents particular challenges in post-earthquake Christchurch, and the Council has sought to do so in a way that achieves appropriate protection while enabling heritage building owners to continue to use and adapt their buildings.1 The fact that there are submissions seeking stricter protection and submissions seeking more permissive rules is indicative of the challenge in striking this balance. 1.3 After the conclusion of the hearing, the Council filed a memorandum on 15 February 2016 with a proposal for further drafting and mediation in response to matters raised through the hearing. The Panel issued a minute on 22 February 2016 setting out preliminary comments on the provisions and site specific matters, and confirmed directions for mediation. 1.4 Facilitated mediation took place on 21, 22 and 30 March 2016. The mediation sessions allocated a significant amount of time to address the matters raised in the Panel’s minute. These mediation sessions were constructive and have assisted in resolving a range of drafting and site specific matters. The Council filed its updated revised proposal on 20 April 2016 reflecting its position following the conclusion of mediation. 1.5 Since the resumed hearing on 9 and 10 May 2016 and consideration of submitter closing statements, the Council has made further 1 See for example, Fiona Wykes at Transcript, 23 January 2016 (Day 6), page 847. 1 27904391_3.docx 3723 CCC Closing submission Topic 9.3 Page 5 of 111 refinements to the provisions, as reflected in the revised proposal attached as Appendix A. 1.6 These closing legal submissions: (a) outline the key changes made to the proposal since the hearing; (b) explain the approach taken to identifying and protecting historic heritage in the proposed Replacement District Plan (pRDP) with reference to the objective, policies, rules and schedules and submitter comments on these provisions; (c) respond to the following additional matters in relation to the proposal, raised at the hearing or in closing legal submissions: (i) the qualifications to be a heritage professional; (ii) the approach taken in preparing statements of significance; (iii) the updated approach to heritage interiors; (iv) matters raised by the Panel; (v) the approach of listing buildings as a whole; (vi) Council non-regulatory methods; and (vii) site specific requests. 1.7 The following documents are attached: (a) Appendix A – an updated marked-up version of the revised proposal incorporating changes made following consideration of submitters' closings; (b) Appendix B – an updated clean version of the revised proposal incorporating changes made following consideration of submitters' closings; (c) Appendix C – an updated section 32 report; 2 27904391_3.docx 3723 CCC Closing submission Topic 9.3 Page 6 of 111 (d) Appendix D – the outline of rules in other chapters which trigger the Matters of Discretion for the Akaroa Heritage Area (HA1); (e) Appendix E – Planning Maps (filed separately due to their size); (f) Appendix F – index of aerial maps and index of Statements of Significance; (g) Appendix G – a table setting out evidence references and outcome in relation to site specific scheduling requests; (h) Appendix H – Akaroa
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