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SECTION 32 REPORT Outstanding Natural Features and Landscapes

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SECTION 32 REPORT Outstanding Natural Features and Landscapes SECTION 32 REPORT Outstanding Natural Features and Landscapes 1 Executive Summary ................................................................................... 1 2 Introduction and Purpose .......................................................................... 2 3 Statutory and Policy Context ..................................................................... 2 3.1 Resource Management Act ...................................................................... 2 3.2 New Zealand Coastal Policy Statement ..................................................... 3 3.3 National Planning Standards.................................................................... 4 3.4 Regional Policy Statement ....................................................................... 4 3.5 Proposed Coastal Plan for Taranaki .......................................................... 6 3.6 Iwi Environmental Management Plans ...................................................... 8 3.7 Other Legislation, Guidance and Policy Documents.................................... 9 4 Context, Research and Trends ................................................................. 11 4.1 Operative District Plan Approach ............................................................ 11 4.2 Other Methods ...................................................................................... 13 4.3 State of the Environment ....................................................................... 14 4.4 Effectiveness of the Operative District Plan Approach ............................... 15 4.5 Effectiveness of Other Methods .............................................................. 16 5 Consultation ............................................................................................ 16 5.1 General Consultation ............................................................................. 16 5.2 Consultation with Iwi Authorities ............................................................ 18 6 Key Resource Management Issues .......................................................... 19 7 Proposed District Plan Provisions (Objectives, Policies and Methods/Rules) ................................................................................................................. 19 7.1 Strategic Objectives .............................................................................. 20 7.2 Objective and policies ............................................................................ 20 7.3 Rules ................................................................................................... 21 7.4 Other methods ...................................................................................... 21 7.5 Proposed Outstanding Natural Features and Landscapes Schedule ............ 22 8 Approach to Evaluation ............................................................................ 25 8.1 Evaluation of Scale and Significance ....................................................... 26 8.2 Explanation Summary ............................................................................ 26 9 Evaluation of Objectives .......................................................................... 28 10 Evaluation of Options to Achieve the Objectives ..................................... 30 11 Summary ................................................................................................. 36 1 Executive Summary Outstanding Natural Features are those natural landforms and geological features that are of international or national importance, such as Mount Taranaki. It is important to protect the values of these features and landscapes for continued enjoyment and appreciation by the community. In particular, ethical stewardship is important to ensure the cultural, spiritual and historical significance of these features and landscapes to iwi is maintained and enhanced. The Operative District Plan schedules outstanding natural features and landscapes and into two separate categories: Outstanding Natural Features, and Outstanding Natural Landscapes. It also identifies ‘regionally significant natural landscapes’. There are no rules specifically relating to outstanding natural features or landscapes or regionally significant landscapes. The key methods of protection are: Identifying these features and landscapes on planning maps. Using assessment criteria to consider the visual impact of development on the features and landscapes (“the adverse effects on outstanding or regionally significant landscapes”), when resource consent is required under other rules in the District Plan. The Operative District Plan approach is not efficient or effective as it does not give effect to the higher order policy direction. Specifically, the lack of rules to protect outstanding natural features and landscapes (and a reliance on assessment criteria) is not best-practice and may result in adverse effects on the environment, and loss of the important values of Outstanding Natural Features and Landscapes. Further, an assessment/review of the natural features and landscapes identified in the Operative District Plan was required to maintain consistency with best-practice and recent landscape studies prepared for the District. The key resource management issue for Outstanding Natural Features and Landscapes is that inappropriate subdivision, use and development within or in proximity to outstanding natural features and landscapes may result in the degradation of their values, and adversely impact on peoples use, enjoyment and appreciation of them. The key changes introduced for Outstanding Natural Features and Landscapes are: A standalone chapter with objectives, policies and rules for Natural Features and Landscapes. A revised schedule of outstanding features and landscapes using best-practice criteria for identification and protection. Removal of regionally significant landscapes that do not meet the criteria to be ‘outstanding’ and are protected by other means (e.g. the coastal environment). Policies and rules that allow certain activities as permitted where they are generally appropriate, such as for existing land uses, conservation, natural hazard mitigation or customary purposes, where activities are not expected to have adverse effects on the values of the outstanding natural features or landscapes. The Proposed Plan will better manage activities that may be inappropriate within certain outstanding natural features and landscapes. 1 2 Introduction and Purpose This report contains a summary section 32 evaluation of the objectives, policies and methods relating to Outstanding Natural Features and Landscapes in the Proposed New Plymouth District Plan. It is important to read this report in conjunction with the section 32 overview report which contains further information and evaluation about the overall approach and direction of the District Plan review and Proposed District Plan. Outstanding Natural Features and Landscapes are prominent features and landscapes which make a valuable contribution to local amenity and add a sense of character and identity to places and areas of the District. Protecting these landscapes and features from inappropriate subdivision, use and development is a matter of national importance under Section 6(b) of the RMA and will ensure continuity between generations, and is important to the legacy which is left for future generations. This report sets out the statutory and policy context, the key resource management issues, specific consultation and approach to evaluation on this topic to decide on the proposed provisions. The report also includes a review of the existing plan provisions and an evaluation of alternative methods to achieve the purpose of the Resource Management Act (RMA) in relation to the Outstanding Natural Features and Landscapes topic. 3 Statutory and Policy Context 3.1 Resource Management Act Section 31 of the Resource Management Act (RMA) sets out the functions of territorial authorities. The key function of a district council is the integrated management of the use, development, or protection of land and associated natural and physical resources of the district. “Natural and physical resources” includes natural landforms, buildings and structures. Section 6 of the RMA specifically requires that the Council recognise and provide for matters of national importance. The Section 6 matters of national importance relevant to the proposed provisions are: (b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development. (c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna. (e) The relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga. Section 7 of the RMA requires the Council to have particular regard to the following matters: (a) Kaitiakitanga (aa) The ethic of stewardship (c) The maintenance and enhancement of amenity values (d) Intrinsic values of ecosystems (f) Maintenance and enhancement of the quality of the environment (g) Any finite characteristics of natural and physical resources 2 All of the above matters are relevant for the protection of Outstanding Natural Features and Landscapes from inappropriate subdivision, use and development. In particular, Outstanding Natural Features and Landscapes have cultural, spiritual and historical significance to iwi and kaitiakitanga and the ethic of stewardship is relevant to ensure that these links are maintained.
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