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Before the Auckland Unitary Plan Independent Hearings Panel

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Before the Auckland Unitary Plan Independent Hearings Panel 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 EVIDENCE REPORT ON SUBMISSIONS BY JOSEPH FRANCIS JEFFRIES ON BEHALF OF AUCKLAND COUNCIL GULF HARBOUR PRECINCT 26 JANUARY 2016 2 TABLE OF CONTENTS 1. SUMMARY ....................................................................................................................... 3 PART A: OVERVIEW AND BACKGROUND ........................................................................... 4 2. INTRODUCTION .............................................................................................................. 4 3. CODE OF CONDUCT ...................................................................................................... 5 4. SCOPE ............................................................................................................................. 5 5. INTERIM GUIDANCE FROM THE PANEL ...................................................................... 6 6. PAUP APPROACH TO PRECINCTS ............................................................................... 6 PART B: OVERVIEW OF GULF HARBOUR PRECINCT ....................................................... 7 7. CONTEXT ........................................................................................................................ 7 PART C: OVERVIEW OF SUBMISSIONS .............................................................................. 9 8. SUBMISSION THEMES ............................................................................................... 9 9. PROPOSED AMENDMENTS OUTSIDE THE SCOPE OF SUBMISSIONS .............. 11 10. INCORRECTLY CODED SUBMISSION POINTS ...................................................... 12 PART D: ANALYSIS OF SUBMISSIONS .............................................................................. 12 11. ANALYSIS OF PRECINCT PROVISIONS .................................................................. 12 12. CONSEQUENTIAL AMENDMENTS TO OTHER PARTS OF THE PAUP ................. 19 13. CONCLUSIONS .......................................................................................................... 19 ATTACHMENT A: CV OF REPORT WRITER ....................................................................... 20 ATTACHMENT B: TRACK CHANGES FOR GULF HARBOUR PRECINCT ........................ 21 3 1. SUMMARY 1.1 The purpose of this Evidence Report (Report) is to consider submissions and further submissions to the Proposed Auckland Unitary Plan (PAUP) Topic 081 Rezoning and Precincts (Geographical Areas) (Topic 081). This Report considers submissions and further submissions received by Auckland Council (the Council) in relation to the Gulf Harbour Precinct. 1.2 The Report includes proposals on whether, in my opinion, it is appropriate to support or not support the submissions, in full or in part, and what amendments, if any, should be made to address matters raised in submissions. The Gulf Harbour precinct is a 350 ha master planned development located at Hobbs Bay on the Whangaparoa Peninsula. It provides for separate areas of residential development encompassed by open space. The residential areas have a range of densities, from a higher density adjacent to the Gulf Harbour centre and Eastern Boat Harbour (Hobbs Wharf) to lower densities to the north and east of the centre. 1.3 The precinct is separated into six sub-precincts: (a) Sub-precinct A contains the main commercial centre which provides for retail, commercial and entertainment related activities along with supported residential care facilities; (b) Sub-precinct B is situated on the eastern side of the marina. It provides for Mixed Use development, berthage, commercial and service activities, and residential development; (c) Sub-precinct C provides for high density residential development near the waterway, with medium density residential development on slopes rising from the waterway areas; (d) Sub-precinct D covers the largest area of residential development, generally bounded by or adjoining the golf course and areas of open space; (e) Sub-precinct E provides for lower density residential areas to the periphery of the precinct; and (f) Sub-precinct F provides for the protection of the open space character and the recreational and integrative functions of the land on which the golf course is situated. 4 1.4 The overall purpose of the precinct is to encourage comprehensively planned development of a high quality urban environment within and around a marine and golf course setting. 1.5 The following overlays apply to the Gulf Harbour precinct: (a) Sites and Places of Value to Mana Whenua; (b) Historic Heritage Extent of Place; (c) Aquifer; (d) Significant Ecological Area; and (e) Natural Hazards – Coastal Inundation. 1.6 The precinct provisions encourage a framework plan to be approved prior to new development building or subdivision in sub-precincts A, B, C and D. This is to ensure that development has appropriate regard to the context in which it is situated, achieves a coherent and attractive character in each neighbourhood, and makes effective use of the opportunities offered by the coastal proximity and landforms of the precinct. 1.7 In my view, the precinct should be retained (subject to proposed amendments set out in this report) and remain subject to the site-specific objectives, policies and rules, in addition to the underlying zones and Auckland wide objectives that apply in this precinct. PART A: OVERVIEW AND BACKGROUND 2. INTRODUCTION 2.1 The purpose of this Report is to consider submissions and further submissions received by the Council in relation to the Gulf Harbour precinct. 2.2 The Report includes proposals on whether, in my opinion, it is appropriate to support or not support the submissions, in full or in part, and what amendments, if any, should be made to address matters raised in submissions. 2.3 This Report has been prepared by Joseph Francis Jeffries. A summary of the qualifications and experience of the Report writer is attached in Attachment A. 5 3. CODE OF CONDUCT 3.1 I confirm that I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2014 and that I agree to comply with it. I confirm that I have considered all the material facts that I am aware of that might alter or detract from the opinions that I express, and that this evidence is within my area of expertise, except where I state that I am relying on the evidence of another person. 4. SCOPE 4.1 I am providing planning evidence in relation to the Gulf Harbour Precinct. 4.2 In preparing this statement of evidence I have relied on the Auckland-wide evidence of John Duguid for Topic 080 Rezoning and Precincts (General) and Topic 081, which sets out the statutory framework, methodology, principles and section 32 evaluations used to guide the development and application of zones and precincts. 4.3 The following expert statements of evidence have been relied upon in preparing my Report: (a) Statement of Evidence of Dave Paul for Topic 081 Rezoning - Hibiscus Coast; (b) Statement of Evidence of Mark Douglas Bourne (Watercare) on behalf of Auckland Council for Topic 080 Rezoning and Precincts (General); (c) Statement of Primary Evidence of Rachel Claire Dimery on behalf of Auckland Council (Planning – Chapter G: General provisions: 2.6 framework plans and 2.7.3 framework plans); and (d) Assessment of Environmental Effects – Penlink, prepared by Beca for Auckland Transport, 26 November 2014. 4.4 This Report relies on the changes to the underlying zones as proposed by the Council in its closing statements for Topics 059, 060, 062 and 063 Residential zones. 6 5. INTERIM GUIDANCE FROM THE PANEL 5.1 I have read the Panel’s Interim Guidance direction and in particular those relating to: (a) Chapter G: General Provisions, dated 9 March 2015; (b) Best practice approaches to re-zoning and precincts, dated 31 July 2015; (c) Air Quality, dated 25 September 2015; and (d) Chapter G: Regional and District Rules, dated 9 October 2015. 6. PAUP APPROACH TO PRECINCTS 6.1 The approach to precincts is detailed in the evidence of Mr Duguid. In particular Mr Duguid outlines the Plan structure and the relationship between overlays, zones, Auckland-wide and precinct provisions. Mr Duguid also provides an overview of the methodology for applying precincts and the types of precincts identified in the PAUP. I have read and agree with this evidence. Section 32 and 32AA 6.2 As outlined in the Auckland Unitary Plan Evaluation Report (the Evaluation Report), the Council has focussed its section 32 assessment on the objectives and provisions within the PAUP that represent significant changes in approach from those within the current operative Auckland RMA policies and plans. Whilst the Evaluation Report applies to the entire plan, the report targets the 50 topics where the provisions represent a significant policy shift. 6.3 The precinct provisions do not reflect a major policy shift from the operative plans and are evaluated in this Report in accordance with s 32 and s 32AA. 7 PART B: OVERVIEW OF GULF HARBOUR PRECINCT 7. CONTEXT 7.1 This existing precinct is located at Gulf Harbour at the end of the Whangaparaoa Peninsula. The precinct location is shown in Map 1 below: 8 7.2 The purpose of the precinct
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