AFFCO New Zealand Limited
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AFFCO NEW ZEALAND LIMITED Head Office, Great South Road, Horotiu, Hamilton Private Bag 3301, Waikato Mail Centre Hamilton, New Zealand 3240 Telephone: 64-7-829 2888 Facsimile: 64-7-829 2808 17 April 2020 Environment Court Specialist Courts and Tribunals Unit Level 2, 41 Federal Street AUCKLAND 1010 Attention: Deputy Registrar By Email: [email protected] AFFCO NEW ZEALAND LIMITED & HAMILTON CITY COUNCIL We act for the Appellant AFFCO New Zealand Limited. Please find enclosed for filing and by way of service on the respondents our Notice of Appeal against the decision of Hamilton City Council in respect of Te Awa Lakes Private Plan Change 2. Under normal circumstances, the appellant would enclose a filing fee cheque ($600), however our accounts team cannot obviously process cheques at this time. Please can you advise the Court’s suitable direction in regards to payment of the filing fee. We can arrange to make payment by electronic bank transfer if that is suitable to the Court. Yours sincerely AFFCO New Zealand Limited MAC1Williams Max Williams Company Lawyer | AFFCO New Zealand Ltd Email: [email protected] | Tel: +64 7 829 2848 | Mob: 021 855 371 | Fax: +64 7 829 2808 Great South Road, Horotiu | Private Bag 3301 Waikato Mail Centre 3240 CC: Hamilton City Council (by email), Private Bag 3010, Hamilton 3240. IN THE ENVIRONMENT COURT AUCKLAND REGISTRY I MUA I TE KOOTI TAIAO O AOTEAROA I TĀMAKI MAKAURAU ROHE No: UNDER the Resource Management Act 1991 (“RMA”) IN THE MATTER of Clause 14(1) of Schedule 1 of the Act BETWEEN AFFCO NEW ZEALAND LIMITED Appellant AND HAMILTON CITY COUNCIL Respondent NOTICE OF APPEAL TO ENVIRONMENT COURT AGAINST DECISION ON PLAN CHANGE 2 Next event date: Judicial officer: ________________________________________________________________ AFFCO New Zealand Limited Phone: 07 829 2848 Private Bag 3301 Fax: 07 829 2808 Waikato Mail Centre Solicitor: M Williams Hamilton 3241 Email: [email protected] Notice of Appeal to Environment Court against decision on Plan Change 2 To: The Registrar of the Environment Court at Auckland To: Hamilton City Council Background and Decision Appealed Against 1. AFFCO NEW ZEALAND LIMITED appeals against a decision of Hamilton City Council granting an application by Perry Group Limited for a Private Plan Change in respect of the Te Awa Lakes development, north of Hamilton (“Plan Change 2”). 2. AFFCO made a submission on Plan Change 2. 3. AFFCO is not a trade competitor for the purposes of Section 308D of the Resource Management Act 1991. 4. AFFCO received notice of the decision on 13 March 2020. 5. The decision was made by the Hamilton City Council (“the Council”). 6. AFFCO is appealing against the Council’s decision to approve Plan Change 2 in accordance with Clause 10 of Schedule 1 of the RMA. Reasons for Appeal 7. The reasons for the appeal are set out as follows. 8. The approval of Plan Change 2 is incompatible with existing and potential future industrial activities inside and adjacent to the Hamilton City boundary. A tourist and recreational area is inconsistent with the existing Industrial Zoning of the area and unnecessarily creates reverse sensitivity issues. 2 9. The decision would have a significant adverse effect on current industrial businesses in the area. AFFCO’s view is that the only practical means to avoid such an incompatibility is the retention of an adequate buffer of industrial land (Paragraphs [99] and [100] of the Council’s decision). This cannot be achieved by Plan Change 2. 10. The decision in respect of Plan Change 2 fails to reflect the long-held purpose of the original Industrial Zoning in the Te Rapa North area; being to minimise the risk of reverse sensitivity issues. 11. The decision in respect of Plan Change 2 fails to provide for the long term strategic provision of industrial land in the area, which is in relatively short supply. 12. In addition, Plan Change 2 understates the present level of demand for prime industrial space in Hamilton (In particular, at Paragraph [130] of the Decision). 13. Furthermore, Plan Change 2 is inconsistent with the Regional Policy Statement 2016, Council’s current strategic land use planning, the Waikato Regional Policy Statement (RPS), Future Proof, Hamilton Urban Growth Strategy (HUGS), and the Hamilton City Operative District Plant (see Paragraph [27] of the Section 42A Report “Special Housing Area Application – Te Awa Lakes” and Paragraph [53] of the Decision). 14. Plan Change 2 will require existing businesses, including AFFCO, to take into account the future increased risk of reverse sensitivity issues at its sites. This could impact AFFCO’s (and other business’) investment decisions, with potential adverse implications for the economic wellbeing of Hamilton residents, contractors and the overall city. 3 Relief 15. AFFCO seeks orders that the approval of Plan Change 2 to the Hamilton City Plan 2017 be overturned in its entirety 16. AFFCO seeks such further other orders, relief or consequential amendments as considered appropriate to address AFFCO’s concerns. 17. AFFCO seeks costs of and incidental to this Appeal. Attachments 18. The following documents are attached to this application: (a) A copy of AFFCO’s submission; and (b) A copy of the Decision Appealed Against; and (c) A list of names and addresses of persons to be served with a copy of this notice. Date: 17 April 2020 Signature: MAC1Williams Counsel for the Appellant The Applicant’s/Appellant’s address for service is C/- Max Williams, AFFCO Holdings Limited, 6128 Great South Road, Horotiu, Waikato 3288. Documents for service on the Appellant/Applicant may be left at that address or may be: (a) Posted to C/-Max Williams at Private Bag 3301, Hamilton; or (b) Transmitted to C/- Max Williams by facsimile on (07) 829 2889 or by email to [email protected] provided a valid confirmation of receipt is provided. 4 Advice to recipients of copy of notice of appeal How to become party to proceedings You may be a party to the appeal if you made a submission or a further submission on the matter of this appeal. To become a party to the appeal, you must,— within 15 working days after the period for lodging a notice of appeal ends, lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment Court and serve copies of your notice on the relevant local authority and the appellant; and within 20 working days after the period for lodging a notice of appeal ends, serve copies of your notice on all other parties. Your right to be a party to the proceedings in the court may be limited by the trade competition provisions in section 274(1)and Part 11A of the Act. You may apply to the Environment Court under section 281 of the Act for a waiver of the above timing or service requirements (see form 38). Advice If you have any questions about this notice, contact the Environment Court in Auckland, Wellington, or Christchurch. 5 Submission 31 Proposed Plan Change 2-Te Awa Lakes Private Plan Change Submission by AFFCO New Zealand Limited 1 To: Submissions Proposed Plan Change 2- Te Awa Lakes Private Plan Change Economic Growth and Planning Unit Hamilton City Council Private Bag 3010 Hamilton 3240 Sent by email: [email protected] Submission On: Hamilton City Operative District Plan October 2017 Proposed Plan Change 2-Te Awa Lakes Private Plan Change Submitter: AFFCO New Zealand Limited Address For Service: AFFCO New Zealand Limited C/- Garry Venus Argo Environmental Limited P O box 105 744 Auckland 1143 Email: [email protected] Phone: 021 741 410 AFFCO wishes to be heard in support of this submission. If others make a similar submission AFFCO would be prepared to consider presenting a joint case with them at any hearing. Dated: 2929 NNovemberovember 20172017 TonyTony Miles Operations Manager AFFCO NZ Limited November 2017 Proposed Plan Change 2-Te Awa Lakes Private Plan Change Submission by AFFCO New Zealand Limited 2 1. Introduction 1.1. Perry Group Limited (the Applicant) has applied for a Plan Change to the (Operative) Hamilton City Council District Plan (“ODP”) to rezone land referred to as Te Awa Lakes, primarily to enable the range of activities associated with establishing a tourism and recreational destination for the region. 1.2. AFFCO opposes this application in total for the reasons set out in this submission and summarised as follows: x The proposed change to a tourism and recreational destination is incompatible with existing and likely future industrial activities inside and adjacent to the city boundary; The only sensible means to avoid such incompatibilities is the retention of an adequate buffer of industrial land such as already exists. x The original reasons for implementing the Te Rapa North Industrial Zone remain relevant. x In particular, the Te Rapa North Industrial Zone was intended to minimise the risk of reverse sensitivity issues arising. These are the very issues that AFFCO is concerned about in regard to the Plan Change. x The Application understates the present level of demand for prime industrial space in Hamilton. x The proposed Plan Change is not consistent with the Regional Policy Statement. 1.3. The Applicant’s Plan Change Document1 states in respect of the proposal that: The overriding purpose is to rezone the land to enable the range of activities associated with establishing a tourism and recreational destination for the region, supported by new residential and business uses. 1.4. AFFCO acknowledges the importance of providing for residential development within the Hamilton City, but considers that there is no compelling argument for establishing a tourism and recreational destination in this area at the cost of valuable industrial land on the periphery of the city, adjacent to existing industrial activities.