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Martins Bay and Adjacent to the Scandrett Regional Park, Which Is to the South East of Snells Beach, and Comprises a Small Batch Community and Associated Open Space

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Martins Bay and Adjacent to the Scandrett Regional Park, Which Is to the South East of Snells Beach, and Comprises a Small Batch Community and Associated Open Space 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 ON BEHALF OF AUCKLAND COUNCIL BY AUSTIN DANIEL FOX MARTINS BAY PRECINCT 26 JANUARY 2015 TABLE OF CONTENTS 1.! SUMMARY ........................................................................................................................ 3! PART A: OVERVIEW AND BACKGROUND ........................................................................... 4! 2.! INTRODUCTION .............................................................................................................. 4! 3.! CODE OF CONDUCT ....................................................................................................... 4! 4.! SCOPE ............................................................................................................................. 5! 5.! INTERIM GUIDANCE FROM THE PANEL ....................................................................... 5! 6.! PAUP APPROACH TO PRECINCTS ............................................................................... 5! PART B: OVERVIEW OF MARTINS BAY PRECINCT ............................................................ 6! 7.! CONTEXT ......................................................................................................................... 6! 8.! STATUTORY FRAMEWORK ........................................................................................... 7! 9.! PAUP FRAMEWORK ....................................................................................................... 7! PART C: OVERVIEW OF SUBMISSIONS .............................................................................. 8! 10.! SUBMISSION THEMES ................................................................................................. 8! 11.! PROPOSED AMENDMENTS OUTSIDE THE SCOPE OF SUBMISSIONS .................. 8! 12.! INCORRECTLY CODED SUBMISSION POINTS .......................................................... 9! PART D: ANALYSIS OF SUBMISSIONS ................................................................................ 9! 13.! MERIT ASSESSMENT OF NEW PRECINCT REQUESTS ............................................ 9! 14.! ANALYSIS OF PRECINCT PROVISIONS .................................................................... 10! 15.! CONSEQUENTIAL AMENDMENTS TO OTHER PARTS OF THE PAUP ................... 11! 16.! CONCLUSIONS ............................................................................................................ 11! ATTACHMENT A: CV of Report Writer ................................................................................. 12! ATTACHMENT B: Planning map ........................................................................................... 13! ATTACHMENT C: Track changes for Martins Bay precinct ...................................................... ! 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 Geographic (Topic 081). This Report considers submissions and further submissions received by Auckland Council (the Council) in relation to Martins Bay 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, I consider should be made to address matters raised in submissions. 1.3 The purpose of the precinct is to ensure the scale and intensity of the existing development is maintained. The precinct seeks to enable small scale new development on the site for 6 dwellings above what currently exists, which is 58 dwellings. 1.4 It is considered appropriate for a precinct to be developed as Martins Bay is (as noted in existing Objective 2) unique in character, being an example of a small coastal bach settlement. The precinct meaningfully departs from the provisions of the underlying proposed Rural and Coastal Settlement (RCS) zone (the underlying zone in the PAUP as notified is Rural Coastal (RC), but as discussed below is now proposed to be rezoned RCS). The RCS zone does not contain development controls appropriate to manage the existing development. Additional reasons are set out at paragraph 13.1. 1.5 The main differences between the precinct and the relevant zone, which is taken to be RCS, as proposed in the joint statement of evidence for Topic 081b of David Hookway and Austin Fox on rezoning for Warkworth and Snells Beach, are set out in Table 1 below: 4 Table 1 Main precinct provision or group of Difference from PAUP provisions changes Replacement dwellings, or alterations Chapter I 1.3.1 - Table 1 to a dwelling, to the same height and One dwelling per 4000m2 net site area. building footprint of the existing More enabling. dwelling being replaced or altered. More restrictive. Density Limit of one per 4000m2. More Density Limit of 64. More enabling. restrictive. 1.6 The key changes to the precinct covered in this evidence relate to expanding the precinct to cover an area to the south zoned Future Urban in the Operative Plan and to two create two sub-precincts to deal with the existing bach community and the area of current Future Urban zoned land in the most appropriate manner. PART A: OVERVIEW AND BACKGROUND 2. INTRODUCTION 2.1 The purpose of this Report is to consider a submission received by the Council in relation to Martins Bay precinct. 2.2 The Report includes proposals on whether, in my opinion, it is appropriate to support or not support the submission, in full or in part, and what amendments, if any, I consider should be made to address matters raised in the submission. 2.3 This Report has been prepared by Austin Daniel Fox. A summary of the qualifications and experience of the Report writer is attached in Attachment A. 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. 5 4. SCOPE 4.1 I am providing planning evidence in relation to Martins Bay 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 Rezoning and Precincts Geographic (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) Hearing Topic 056 (Rural Objectives and Policies & Rural Activities and Controls), Ruth Andrews, Planning Evidence, dated 17 May 2015. (b) Hearing Topic 057 (Rural Objectives and Policies & Rural Activities and Controls), Bain Cross, Planning Evidence, dated 15 May 2015. (c) Hearing Topic 022 (Natural hazards and flooding), Larissa Clarke, dated 14 March 2015. 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; and (c) 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 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. While 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 s32 and s32AA. PART B: OVERVIEW OF MARTINS BAY PRECINCT 7. CONTEXT 7.1 This proposed precinct is located towards the northern end of Martins Bay and adjacent to the Scandrett Regional Park, which is to the south east of Snells Beach, and comprises a small batch community and associated open space. The precinct location is contained in Attachment B. 7.2 The purpose of the precinct is to ensure the scale and intensity of the existing development is maintained. The precinct seeks to enable small scale new development on the site for 6 dwellings above what currently exists, which is 58 dwellings. 7.3 The underlying zoning of land in the Martins Bay precinct in the PAUP as notified is RC (which is proposed in the joint statement
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