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Proposed Southland District Plan Schedule

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Proposed Southland District Plan Schedule Recommending Report: Proposed Southland District Plan Schedule 5.3 - Designations (Excluding Designation 80 - Te Anau Wastewater Treatment Area) Including Recommendations on Notices of Requirement 1. Introduction This report considers submissions and further submissions which were received on Schedule 5.3 which contained an updated list of Designations. This report excludes matters related to Designation 80 - Te Anau Wastewater Treatment Area as this is the matter of a separate hearing process. The report has been prepared in accordance with Section 42A of the Resource Management Act 1991, to assist the Hearing Committee in its deliberations. It is important to note that the staff recommendations outlined in this report do not reflect a decision of the Council. The Hearing Committee is not bound by the recommendations in this report. Following the consideration of all of the submissions and supporting evidence presented at the hearing, a decision report will be prepared outlining the decisions made by the Hearing Committee in respect of each submission and the overall plan. 2. Context for Schedule 5.3 - Designations - Section 5 of the Plan This report considers each requirement (designation) and submissions which were received on Schedule 5.3 - Designations of the Proposed Southland District Plan (excluding Designation D80 - Te Anau Wastewater Treatment Area which is the subject of another hearing process). The report includes a recommendation to the Committee on each requirement (designation) and associated submissions that have been received. Unlike other proposed District Plan hearings the Committee will make recommendations to the requiring authorities on whether to confirm, modify, impose conditions or withdraw each requirement (designation). In the case of Council‟s own Notices of Requirement, the Committee will make the final decisions. Within 30 days of receiving recommendations, the requiring authority shall advise the territorial authority, whether the requiring authority accepts or rejects the recommendation in whole or in part. A requiring authority can be a Minister of the Crown, a local authority or a network utility operator approved as a requiring authority under Section 167 of the RMA. A requiring authority can designate land to authorise the use of that land for a particular work. Once a designation is in place it takes precedence over the zoning of the land. Other people may not, without the prior written consent of the requiring authority, do anything in relation to the designated land that would impede the public work. Prior to the proposed District Plan being notified, the Territorial Authority and all other requiring authorities that held designations in the District were requested to: Confirm existing designations (roll over); Propose modifications to existing designations; Propose new requirements for consideration. Council received Notice of Requirement for all three types of designations, those being new, modified and rolled over. There is a different process to be followed for each type of designation as set out in the RMA. This report considers Notices of Requirement in order of requiring authority. Proposed Southland District Plan 2012 - Schedules 5.3 - Designations Section 42A Report r/14/5/6104 2 360/35/43/25 Those designations being rolled over with modification are considered first followed by designations that have been withdrawn and then new Notices of Requirement received by the requiring authority. In assessing Notices of Requirement (designations) to be included in a proposed District Plan, the territorial authority makes a recommendation or decision, depending on who has lodged the Notice of Requirement. If the Notice of Requirement is received from Southland District Council, the Committee will hear the Notice of Requirement and make a decision to confirm, modify or cancel the requirement (Section 168A of the RMA). In terms of those Notices of Requirement lodged by other requiring authorities, Council makes a recommendation and the requiring authority then makes the decision whether to accept the recommendation, accept it in part, or rejects it, with reasons (section 172) and advises Council of this decision. In making its recommendation on a Notice of Requirement lodged by a requiring authority, Council is required to either: Confirm the requirement; Modify the requirement; Impose conditions; Or withdraw (reject) the requirement. When making a recommendation or decision on a Notice of Requirement, the territorial authority must have regard to matters listed in Section 171(1). The territorial authority is not required to consider the matters listed in Section 104 and 105. It must provide reasons for the recommendation or decisions (clause 9). For those Notices of Requirement for the rollover of designations that Council has received no submission on and does not wish to recommend any new conditions, the territorial authority is not allowed to make a recommendation. It must simply include the „roll over‟ designation in the proposed District Plan. A list of the designations to be rolled over without modification is provided in Appendix One. 3. How to read this report The hearing reports have been broken up according to the sections of the proposed District Plan. This report should therefore be read in conjunction with those other hearing reports. In particular, the General Comments and Definitions sections contain some broad submissions which have implications across most of the District Plan. Section 4 of this report considers the Notices of Requirement and the related submissions on the Designations Schedule. A recommendation on whether to accept or reject the submission is made first where relevant. The recommendation on the Notice of Requirement is considered second. Section 5 of this report is a copy of the section of the plan with amendments to reflect the recommendations made in this report on the submission points. Where amendments have been proposed to the wording of the plan, additions have been shown as underlined, and deletions have been shown as crossed out. It should be noted that there may be consequential amendments to this section of the plan as a result of other recommending reports. Where those reports have already been prepared those recommended amendments have been shown in section 5 of this report, however, not all amendments from other reports may be shown. Proposed Southland District Plan 2012 - Schedules 5.3, 5.4, 5.6- Section 42A Report r/14/5/6104 3 360/35/43/25 Example of Report Format Section of the Policy BIO.2 plan on which the submission is made 4.63 Submitter / Support/ Recommendation Further Submitter oppose/ neutral Section number Genesis Power Limited Support in part Accept in part of this report (5.1) Decision requested: Amend Policy BIO.2 as follows: Maintain existing ecosystem connections which that support Submitter and indigenous vegetation and habitats of indigenous fauna, where their decision appropriate, and encourage alternative ecological protection and/or requested number enhancement methods where maintenance is not possible. Transpower (FS38.5) Support Accept in part Further submitters and their decision requested number PD Chartres t/a Te Anau Support Accept in part Downs, PD Chartres Trust, PD Chartres and F Munster (FS37.14) Staff recommendations Federated Farmers Support Accept in part (FS14.15) Reasons It is recommended that an amendment to the wording of the Reasons for the staff policy be made to refer to “existing ecosystem connections recommendation that support indigenous vegetation…”, however it is not recommended the amendment be made to the last part of the policy as proposed by the submitter. The explanation to the policy already provides for the maintenance of biodiversity „where possible‟ which gives some of the clarity the submitter is requesting with the addition of „where appropriate‟ in the policy. It is important that the plan is considered as a whole so that all relevant policies are taken into account. Proposed Southland District Plan 2012 - Schedules 5.3, 5.4, 5.6- Section 42A Report r/14/5/6104 4 360/35/43/25 Index of Submitters This index of the submitters and further submitters provides references to the relevant section of this report where their submission points have been discussed. Submitter No. Submitter Section and page number 224 Invercargill City Council 4.7.2 pg 32 241 PowerNet 4.11.2 pg 45 100 Radio New Zealand 4.17.2 pg 62 190 Transpower NZ Ltd 4.15.2 pg 57 217 Southland District Council 4.3.2 pg 14 14 Marion Calvert 4.4.12 pg 22 128 Minister of Education 4.4.9 pg 21, 4.8.3 pg 35, 4.8.4 pg 36, 4.8.5 pg 36, 4.8.6 pg 36, 4.8.7 pg 36,4.8.8 pg 37, 4.8.9 pg 37 1 John Robson and Stephonie Quenaux 4.5.5 pg 26 105 V King 4.5.8 pg 28 285 NZ Police 4.9.2 pg 39 Index of Notices of Requirement Requiring Authority Section and page # Southland District Council - Depot 4.1 pg 6 D1, D2, D3 Southland District Council - Waste Management Facility 4.2 pg 8 Southland District Council - Roading 4.3 pg 12 Southland District Council - Public Utility (Water and 4.4 pg 17 Wastewater) Southland District Council - Cemeteries 4.5 pg 24 Southland District Council - Airports 4.6 pg 30 Invercargill City Council – Water Supply 4.7 pg 32 Minister of Education 4.8 pg 34 Minister of Police 4.9 pg 39 The New Zealand Railways Corporation 4.10 pg 41 The Power Company Ltd 4.11 pg 43 Meteorological Service of New Zealand 4.12 pg 49 Chorus New Zealand Limited 4.13 pg 51 Telecom New Zealand 4.14 pg 55 Transpower NZ Ltd 4.15 pg 57 New Zealand Transport Agency (NZTA) 4.16 pg 59 Radio New Zealand Limited 4.17 pg 62 Invercargill Airport Limited 4.18 pg 63 Proposed Southland District Plan 2012 - Schedules 5.3, 5.4, 5.6- Section 42A Report r/14/5/6104 5 360/35/43/25 4.
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