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PROPOSED INVERCARGILL CITY DISTRICT PLAN Definitions

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PROPOSED INVERCARGILL CITY DISTRICT PLAN Definitions PROPOSED INVERCARGILL CITY DISTRICT PLAN Report No. 32 Definitions 28 April 2015, 9.00 am COUNCIL CHAMBERS CIVIC ADMINISTRATION BUILDING Reporting Officer: Liz Devery SENIOR POLICY PLANNER Peer Reviewed by: Dan Wells JOHN EDMONDS AND ASSOCIATES LIMITED [THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] TABLE OF CONTENTS Page 1. Executive Summary ................................................................................................. 1 2. Introduction .............................................................................................................. 2 2.1 Report Author ................................................................................................ 2 2.2 Peer Review .................................................................................................. 2 2.3 How to Read this Report ................................................................................ 2 2.4 Interpretation .................................................................................................. 2 2.5 The Hearing Process ..................................................................................... 3 3. Background .............................................................................................................. 5 4. Statutory Context / Legislative Requirements ........................................................ 6 5. Analysis of submissions .......................................................................................... 7 5.1 “Agriculture” ................................................................................................... 7 5.2 “Height” .......................................................................................................... 7 5.3 “Professional and Personal Services” ............................................................ 8 5.4 Minor Amendments ........................................................................................ 8 5.4.1 Clarification of activity status .......................................................................... 8 5.4.2 Heavy Industry ............................................................................................... 9 6. Discussion of Section 32 matters ......................................................................... 11 6.1 Relevant Section 32AA matters ................................................................... 11 6.2 Section 32AA further evaluation ................................................................... 12 6.2.1 “Agriculture” ................................................................................................. 12 6.2.2 “Bar”............................................................................................................. 12 6.2.3 “Building” ..................................................................................................... 12 6.2.4 “Communal Activity” ..................................................................................... 13 6.2.5 “Educational Activity” ................................................................................... 13 6.2.6 “Factory Farming” ........................................................................................ 13 6.2.7 “Heavy Industry”........................................................................................... 13 6.2.8 “Height and change to the height of Antenna in the Infrastructure Rule ........ 13 6.2.9 “Industry” ..................................................................................................... 13 6.2.10 “Light Industry” and changes to Business Zone Rules ................................. 13 6.2.11 “Net Site Area” ............................................................................................. 14 6.2.12 “Professional and Personal Services” .......................................................... 14 6.2.13 “Retail Sales” ............................................................................................... 14 6.2.14 “Supermarkets” ............................................................................................ 14 6.2.15 New definition of “Drive Through Facility” ..................................................... 14 6.2.16 “Meat processing facility” ............................................................................. 14 6.2.17 New definition of “Wetland” .......................................................................... 14 6.2.18 Amendments to Appendix IX Schedule F Heavy Industry ............................ 15 6.2.19 Rule 3.20 Transportation – replacement of the term “takeaway food activity”15 7. Concluding comments ........................................................................................... 16 Appendix 1 - Recommendations in response to submissions ............................................. 17 Appendix 2 - Recommended Changes to Proposed District Plan ........................................ 39 Section 42A Report Subdivision March 2015 [THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY] 1 EXECUTIVE SUMMARY Section 42A Report Subdivision March 2015 1. EXECUTIVE SUMMARY This report addresses submission points related to Definitions and Appendix IX Schedule of Heavy Industries. It should be noted that some definitions are discussed in other Section 42A reports and are not repeated here. This report addresses 34 submission points and ten further submission points. The submission points addressed in this report seek the introduction of five new definitions. Eighteen of the existing definitions are submitted on, with a number of submissions in support and others seeking amendments. A number of changes to definitions are recommended which should result in a clearer, more accurate and more user friendly document. Some of the changes recommended in this report include the introduction of new definitions for “wetlands”, and “drive through facility”. It is recommended that residences be removed from the definition of “agriculture” and a number of changes to the definitions of “retail sales” and “professional and personal services” are recommended to clarify the scope of these terms. The industrial definitions were the subject of a number of submissions. In response to these submissions, it is recommended that the hours of operation for light industry and the maximum lot size be removed from the definition, with amendments where considered necessary to the Zone provisions. Section 42A Report Subdivision March 2015 1 2. INTRODUCTION 2.1 Report Author My name is Elizabeth Ann Devery. I am the Senior Planner – Policy, at the Invercargill City Council, a position I have held since January 2003. I have over 14 years planning policy experience working in planning and regulatory roles in local government in New Zealand and the United Kingdom. These roles have focused on both developing and implementing District Plans and planning documents. I hold the qualifications of LLB/BA (Hons I) in Geography. 2.2 Peer Review This report has been peer reviewed by Dan Wells, from John Edmonds and Associates Ltd. Dan Wells is a practising resource management planner with a variety of experience throughout the plan change preparation process. Dan has a Bachelor of Resource and Environmental Planning (Hons) and a Post Graduate Diploma in Development Studies, both from Massey University. 2.3 How to Read this Report This report is structured as follows: • Interpretation (an explanation of some of the terms used). • A summary of the hearing process. • A brief general background to the definitions in the Proposed Invercargill City District Plan 2013. • Description of the statutory framework within which the proposed provisions have been developed. • Analysis of the submissions, including a discussion of the key issues raised through the submissions and further submissions received. • Assessment of the proposed changes under Section 32 of the RMA. • Concluding comments. • Recommendations on individual submissions. • Tracked changes of the Proposed District Plan provisions relating to Subdivision. To see my recommendation on an individual submission please refer to the table in Appendix 1. The table sets out the name and relevant submission number of those that submitted on Definitions; a brief summary of their submission and decisions requested, followed by my recommendation and the reasons for it. 2.4 Interpretation In this report, the following meanings apply: “Council” means the Invercargill City Council “FS” means further submitter in Appendix 2 “Hearings Committee” means the District Plan Hearings Committee “Operative District Plan” means the Invercargill City District Plan 2005 “Proposed District Plan” means the Proposed Invercargill City District Plan 2013 Section 42A Report Subdivision March 2015 2 “Provisions” is a term used to collectively describe Objectives, Policies and Rules “RMA” means the Resource Management Act 1991 2.5 The Hearing Process A number of hearings are to be held to consider the submissions lodged to the Proposed Invercargill City District Plan 2013. The hearings have been divided up to ensure that submissions on similar issues have been grouped together and to enable the District Plan Hearings Committee to make decisions on the provisions relating to those issues. This report applies to the Subdivision provisions of the Proposed District Plan. The Hearings Committee comprises of accredited Invercargill City Councillors, with the assistance of an Independent Hearings Commissioner. This Committee is to consider the Proposed Plan and the submissions and further
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