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Ruakura Development Plan Change – Board of Inquiry Section 149G Report

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Ruakura Development Plan Change – Board of Inquiry Section 149G Report Ruakura Development Plan Change – Board of Inquiry Section 149G Report Hamilton City Council 23-Sep-2013 Ruakura Private Plan Change Ruakura Board of Inquiry - Section 149G Report Quality Information Document Ruakura Private Plan Change – Section 149G Report Date 23-Sep-2013 Prepared by Grant Eccles – Consultant Planner Authorised by Luke O’Dwyer – City Planning Manager, Hamilton City Council 1 Table of Contents Executive Summary 2 1.0 Purpose 5 2.0 Scope 5 3.0 Background 6 3.1 Ruakura Land Area 6 3.2 Waikato District Plan 6 3.3 Future Proof Strategy 7 3.4 Ruakura Structure Plan 7 3.5 Original Private Plan Change – Removal of the Urban Expansion Policy Area 8 3.6 Proposed Private Plan Change – Application to the EPA 8 4.0 Statutory Environment 8 4.1 National Policy Statements 8 4.1.1 NPS for Electricity Transmission 8 4.1.2 Proposed NPS for Indigenous Biodiversity 9 4.1.3 NES for Electricity Transmission Activities 10 4.1.4 NES for Assessing and Managing Contaminants in Soil to Protect Human Health 10 4.2 Operative Waikato Regional Policy Statement 10 4.2.1 Status and Weighting 10 4.2.2 Summary of Relevant Provisions 10 4.3 Proposed Waikato Regional Policy Statement 10 4.3.1 Status 10 4.3.2 Weighting 10 4.3.3 Summary of Relevant Provisions (see Appendix for specific provisions) 10 4.4 Operative Waikato District Plan 11 4.4.1 Status 11 4.4.2 Summary of Relevant Provisions 11 4.5 Operative Hamilton City District Plan (Waikato Section) 12 4.5.1 Status 12 4.5.2 Summary of Relevant Provisions 12 4.6 Operative Hamilton City District Plan 13 4.6.1 Status 13 4.6.2 Summary of Relevant Provisions 14 4.7 Proposed Hamilton City District Plan 14 4.7.1 Status 14 4.7.2 Weighting 15 4.7.3 Summary of Relevant Provisions 15 4.8 Other Relevant Planning Documents 17 4.8.1 Regional Land Transport Strategy 17 4.8.2 Access Hamilton 18 4.8.3 Hamilton Urban Growth Strategy 20 4.8.4 New Zealand Rail Strategy 20 4.8.5 Waikato Expressway Network Plan 20 5.0 Key Issues 21 Appendix A Proposed Hamilton City District Plan - Relevant Provisions 23 Appendix B Operative Waikato District Plan - Planning Map 20 153 2 Executive Summary This is a Key Issues Report submitted to the Environmental Protection Authority (EPA) in accordance with section 149(G) of the Resource Management Act 1991 (RMA). This Key Issues Report has been prepared in response to a private plan change request for land at Ruakura submitted to the EPA by Tainui Group Holdings Limited (TGH) and Chedworth Properties Limited on 24 June 2013. This Key Issues Report has been prepared based on the documentation prepared in support of the private plan change which is publicly available via the EPA website as of 23 September 2013, including: • Volume 1 – Ruakura Private Plan Change: Assessment of Environmental Effects, Version 1, dated 24 June 2013, file reference A13090_AEE_Masterdocument_20130603, and supporting technical appendices. • Volume 2 – Ruakura Private Plan Change Section32 Report, Version 1, dated 24 June 2013, File Reference A13090_CCO_s32_Report_20130623 and Requested Plan Change to the Hamilton District Plan: Waikato Section (2012) 19 June 2013 (unreferenced). • Volume 3 – Drawings – current versions as hosted on the EPA website dated 23 September 2013. • Volume 4 – Technical Reports– current versions as hosted on the EPA website dated 23 September 2013. Representatives from Hamilton City Council met with TGH and their agents on 8 August 2013 to discuss the content of the private plan change. This is the only meeting that has occurred between Council and the proponent regarding the plan change. TGH submitted a draft revised plan change document, without a revised Section 32 analysis or any other revised supporting documentation, to Council on 10 September 2013. Council has not indicated to the proponent if the draft revision is satisfactory and is still considering the documentation. While a formal response to the proponent has not been provided as of 23 September 2013, Council intends to provide a response within the next two to three weeks, and will inform the EPA and the Board of Inquiry of any impacts arising from its assessment and of any formal feedback provided to the proponent. The Ruakura land area lies immediately to the east of the urbanised area of Hamilton City and covers some 822ha of predominantly rural land extending out to the Waikato Expressway designation. The majority of the land holding subject of the plan change (some 390 hectares) forms part of the land that was returned to Waikato-Tainui by the Waikato Raupatu Claims Settlement Act 1995. In March 2005 a strategic agreement on future urban boundaries was signed between Hamilton City Council and Waikato District Council for the management and transfer to Hamilton City Council of a number of rural areas within Waikato District directly adjoining Hamilton City to the north and east, to enable their future urbanisation. The Ruakura land area was included in that strategic agreement. Prior to the formal transfer to Hamilton City Council an Urban Expansion Policy Area (‘UEPA’) overlay was applied to the subject land through the Waikato District Plan as a means of restricting inappropriate land use development in Waikato District on the urban fringes of Hamilton City. Prohibited activity status was introduced for a range of activities such as commercial and industrial land use until such time as the land came under the control of Hamilton City and could be managed in an integrated and sustainable way. In accordance with the March 2005 agreement the rural areas of land within Waikato District transferred to HCC in July 2011. Over the past three years HCC has been working in partnership with Tainui Group Holdings and Chedworth Park Limited to develop a Structure Plan for the Ruakura growth cell which sets out the overall layout and range of land uses for Ruakura that implements Future Proof and gives effect to the staging and allocation of land as specified in the Proposed Waikato Regional Policy Statement. The development of the Ruakura Structure Plan has involved consultation and collaboration with key stakeholders, other land owners and organisations including the New Zealand Transport Agency and Waikato Regional Council. The key elements of the Structure Plan were included in the Proposed Hamilton City District Plan notified in December 2012, Reflective of the strategic location of the Ruakura land and the content of the Proposed Plan Change, there are a number of statutory documents that are relevant to consideration of the proposal by the Board of Inquiry. These are as follows: • National Policy Statement for Electricity Transmission 3 • National Environmental Standard for Electricity Transmission Activities • National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health • Future Proof Sub-Regional Growth Strategy • Operative Waikato Regional Policy Statement • Proposed Waikato Regional Policy Statement • Operative Waikato District Plan • Operative Hamilton City District Plan (Waikato Section) • Operative Hamilton City District Plan • Proposed Hamilton City District Plan • Waikato Regional Land Transport Strategy • Access Hamilton • Hamilton Urban Growth Strategy • New Zealand Rail Strategy • Waikato Expressway Network Plan In the view of Hamilton City Council, the key issues associated with the Proposed Plan Change that the Board of Inquiry needs to consider are as follows: • The appropriateness of the standards and base consent status for activities set out in the Proposed Plan Change to address both urban design issues and amenity and quality of the environment effects on existing residential areas in Hamilton City and Rural-Residential areas in the Waikato District, given that the Proposed Plan Change effectively codifies a 40 year development plan for the area it covers. This issue is particularly relevant to the land owners and residents of the Ryburn Road/Percival Road area which is adjacent to the plan change area immediately to the north of the North Island main trunk line. These residents currently enjoy a rural residential “lifestyle block” amenity. Maintaining the appropriate level of amenity of these residential land users through development standards in respect of the inland port and logistics zone will be a key issue for resolution. • The Proposed Plan Change only includes policy provisions that are specific to the Ruakura area to be incorporated into the Waikato section of the Hamilton City District Plan. The sole objective of the Proposed Plan Change is to enable urban development of the Ruakura Schedule 25H area, which can only be considered within the framework of the Waikato District Plan. Apart from Objective 4.8.1, as amended by Plan Change 2, the Waikato District Plan provides no other guidance for the integration and development of a significant greenfields urban development on the periphery of a large metropolitan city. Allowing such provisions to be inserted in this manner may undermine the overall integrity of the planning approach set out in the Proposed Hamilton City District Plan, which seeks to ensure integrated and coordinated development of the city with a strong urban design focus. Further, a hierarchy of centres is sought to be established by the Proposed District Plan with the City Centre having primacy. • Allied to the above and when compared to the Ruakura Structure Plan provisions in the Proposed District Plan, the Proposed Plan Change lacks provisions that require coordination and integration of three waters and transportation infrastructure. For example, there are no provisions in the Proposed Plan Change requiring an Integrated Catchment Management Plan to be in place as there are in the Proposed District Plan. A further example is that Rule 25H.10.2 of the Proposed Plan Change allows for 115ha of land within the Ruakura Logistics Area to be developed post 01 January 2021 subject to the Waikato Expressway being in place or other arterial network capacity being available in a safe and efficient manner.
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