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Hatfields Beach 3 (Kauri Orewa Limited - ‘Chin Hill’ Precinct)

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Hatfields Beach 3 (Kauri Orewa Limited - ‘Chin Hill’ Precinct) BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL IN THE MATTER of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 AND IN THE MATTER of Topic 081b Rezoning and Precincts (Geographical areas) AND IN THE MATTER of the submissions and further submissions set out in the Parties and Issues Report STATEMENT OF REBUTTAL EVIDENCE OF NATHAN TE PAIRI ON BEHALF OF AUCKLAND COUNCIL Hatfields Beach 1 (Seaforth Ltd) Hatfields Beach 2 (Objective Holdings Limited) Hatfields Beach 3 (Kauri Orewa Limited - ‘Chin Hill’ precinct) 29 February 2015 1. SUMMARY 1.1 I have reviewed the submitters' evidence with regards to the proposed precincts being Hatfields Beach New 1, Hatfields Beach NEW 2 and Hatfields Beach NEW 3. 1.2 Having regard to that evidence, I maintain my position as stated in my evidence-in- chief (EIC) and do not support the inclusion of the proposed precincts into the PAUP. 2. INTRODUCTION 2.1 My name is Nathan Te Pairi. I have the qualifications and experience set out in my EIC dated 28 January 2016. 2.2 I confirm that this rebuttal statement of evidence has been prepared in accordance with the Code of Conduct for expert witnesses contained in the Environment Court Practice Note 2014. 3. SCOPE 3.1 This evidence should read alongside the rebuttal statements on behalf of the Council Stephen Brown - Landscape; Shona Myers - Ecology; Tim Segedin on behalf of Auckland Transport (AT) - Traffic Safety Andre Stuart of Watercare (WSL) – Infrastructure; and Carol Stewart: Parks and Recreation. 3.2 My EIC collectively responded to the submissions and commented on each of the proposed precincts where relevant. This rebuttal statement will adopt a different approach and will address four key themes that are common to all the precincts. a) Regional Policy Statement; b) The most appropriate zone – Rural Coastal; c) ‘enhancement planting’ vs ‘restoration’ or ‘protection’ of SEAs; and d) Public highway safety. 2 3.3 I also address the difference in the amended relief for each of the precincts in Section 6 of this Report. 3.4 In response to the evidence provided on behalf of Hatfields Beach NEW 1 (Seaforth) I have focused on the planning evidence of Jeffrey Brown. I have also read the evidence of the following persons: Stephen Skelton: Landscape Graham Usher: Ecology Tom Basset: Stormwater Don McKenzie: Traffic Anthony Bryce: Civil engineering 3.5 In response to the evidence submitted on behalf of Hatfields Beach NEW 2 (Objective Holdings Ltd) I have focused on the planning evidence of Ms Kate Madsen. I have also read the evidence of the following persons: Grant Dumbell: Ecology Ian Vincent: Visual landscape Daryl Hughes: Traffic 3.6 In response to the evidence provided on behalf of Hatfields Beach NEW 3 (Chin Hill) I have focused this evidence on the planning evidence of Jeffrey Brown. I have also read the evidence of the following persons: Paddy Baxter: Urban Design Stephen Skelton: Landscape Graham Usher: Ecology Tom Basset: Stormwater Don McKenzie: Traffic Anthony Bryce: Civil Engineering Andrew Linton: Geotech Rob Greenaway: Parks and Recreation 3 Coastal Engineering: Thomas Shand Duncan McNab: Farming Economic Viability Stormwater: Tom Bassett Internal Roading: B Black and S James 3.7 I have also considered a separate piece of evidence from Mark Bellingham on behalf of Alan Wiltshire (6738) who appears to support the Countryside Living zone but seeks an amendment to either rural subdivision provisions or the Seaforth Precinct. 4. UPDATE: Amended relief Hatfields Beach NEW 1 (Seaforth) and Hatfields Beach NEW 3 (Chin Hill) 4.1 As noted in my EIC1, representatives submitted revised precinct proposals to the Council for the Seaforth and Chin Hill precincts just before evidence exchange on 26 and 25 of January 2016 respectively (see Attachment C of the planning evidence Mr Jeffrey Brown for Seaforth and Chin Hill). No detailed information was provided with the revised provisions. 4.2 The key differences between the revised precinct proposals and those considered in my EIC for each of the precincts are outlined and considered in Section 6 of this Report. Hatfields Beach NEW 2 4.3 On 27 January 2016 representatives on behalf of Objective Holdings Limited (OHL) advised that Council’s evidence had not considered the detailed precinct provisions for provided to the Council on 28 August 2015 (see Attachment B of Kate Madsen’s planning evidence for OHL). No detailed supporting material was provided with these provisions. 4.4 This is an administrative error on behalf of the Council. 4.5 On 3 February 2016 Council officers (including myself) met with the submitters and advisors to understand more about the more detailed provisions provided on 28 August 2015. 1 EIC Nathan Te Pairi: Proposed precincts in Hatfields Beach for Topic 081b - 28/1/2016 4 5. COMMON THEMES The Regional Policy Statement (RPS) 5.1 Mr Brown considers that the Hatfields Beach/Waiwera area should be retired from farming and be zoned Countryside Living (CSL) to accommodate the proposed Chin Hill and Seaforth precincts. 5.2 On this basis, he considers the bespoke provisions (as amended) for the Chin Hill and Seaforth precincts can be accommodated at Hatfields Beach. 5.3 In addressing the wider, policy framework for the Chin Hill and Seaforth precincts, Mr Brown focuses his discussion on Part II of the RMA, the NZCPS, and the general objectives for the rural zones. He also refers to forgone subdivision opportunities in the Auckland Council (Rodney Section) District Plan that are based on environmental benefits in exchange for in-situ subdivision rights. 5.4 While he addresses part of the RPS Chapter 8.3 (rural subdivision), he does not consider the relevant provisions in full and in particular, Policy 6 of 8.32 which specifically relates to the management of rural lifestyle subdivision through the CSL zone. 5.5 Further, Mr Brown does not consider the proposed CSL zoning and the proposed precincts alongside RPS Chapter 4.3.2 (natural character) or RPS Chapter 7.1 (coastal environment) in the context of the Hatfields Beach/Waiwera area. 5.6 This approach reflects an oversight. As noted in my EIC3, the RPS should be fully considered and in my view, is especially relevant to the consideration of the precinct proposals given their localised scale and rural subdivision purpose. The most appropriate zone - Rural Coastal 5.7 In my view, the most appropriate planning response is to apply the Rural Coastal zone to the entire area. The main planning reasons for this are: (i) identification of ONL44 (see Figure 1 below) over much of the Hatfields 2 ‘Manage the location, scale and extent of areas identified for Countryside Living; …(d) maintain and enhance landscape, rural character and amenity values’ 3 [8.4 to 8.5] EIC Nathan Te Pairi – 28/1/2016 5 Beach/Waiwera area. (ii) The extent of the coastal environment (informed by the relevant NZCPS related policies in the RPS) in relation to ONL44; and (iii) landscape evidence provided by Stephen Brown4 that outlines the particularly significant landscape and coastal characteristics of the Hatfields Beach/Waiwera area and, its inability to ‘absorb’ any significant rural-residential development. Figure 1: Relevant overlays in the Hatfields Beach area 5.8 Overall, I consider the Rural Coastal zone to be the most appropriate way to give effect to the outcomes of the RPS and in particular, the protection of ONL 44 and the natural character of the coastal environment at Hatfields Beach. 5.9 This is consistent with the Panel’s Interim Guidance for zoning5 which requires the overall impact of rezoning to be consistent with the RPS. 4 Primary and Rebuttal Evidence of Stephen Brown for Topic 016 (RUB – North) and, Topic 081a for the Hatfields Beach. 5 31 July 2015 6 5.10 Mr Brown also proposes a consequential amendment6 to the PAUP for the Hatfields/Waiwera alongside the application of the CSL zone. The amendment requires that subdivision outside of a precinct be considered as a non-complying activity. 5.11 I do not agree with the consequential amendments proposed by Mr Brown. In my view, it is fundamentally based on enabling the CSL zone to support the precincts which is a ‘proposal-led’ or ‘back to front’ response to incorporate the excessive intensity proposed by the Seaforth and Chin Hill precincts. 5.12 Moreover, a placed-based amendment does not fit within the overall framework of the PAUP and would ultimately undermine the integrated management of ONL44, the coastal environment and the wider landscape values identified by Stephen Brown through the Rural Costal zone. 5.13 For above reasons, I consider the Rural Coastal zone is the appropriate zone (and starting point) from which to consider the specific precincts proposals. Enhancement planting Vs restoration or protection of existing SEA’s 5.14 Mr Brown considers7 I have made an error in stating that enhancement planting in exchange for subdivision rights has not been rolled over into the PAUP. 5.15 However, I disagree with Mr Brown. The focus of the Council’s current policy approach is to enable in-situ rural subdivision in exchange for the restoration and protection of existing SEAs, not enhancement planting. This is reflected in Policy 14 of Chapter C.6 (subdivision) which states; ‘Rural subdivision results in the protection and restoration of identified Significant Ecological Areas and natural features’ 5.16 In Topic 0578, Shona Myers for Auckland Council supported amendments to the rural subdivision provisions to provide for limited subdivision rights in exchange for restoration planting where she stated: ‘contiguous restoration planting which will provide buffering existing areas of native forest and indigenous vegetation.
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