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24 June 2020 SOUTH WAIKATO DISTRICT COUNCIL Private Bag 7

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24 June 2020 SOUTH WAIKATO DISTRICT COUNCIL Private Bag 7 24 June 2020 SOUTH WAIKATO DISTRICT COUNCIL Private Bag 7 Tokoroa 3444 By email: [email protected] SUBMISSION BY DPS DEVELOPMENTS LIMITED ON PUBLICLY NOTIFIED PROPOSED PLAN CHANGE 2 (RMA Form 5) 1.0 INTRODUCTION 1.1 DPS Developments Limited (“the Submitter”) makes this submission on the Proposed Plan Change 2 (“PC2”) to the South Waikato District Plan (“the Plan”). 1.2 The Submitter is a potential development within the Kennedy Drive Growth Cell and the Business zone Growth Cell as well as the owner of other strategic properties within the Putaruru District. 2.0 GROUNDS FOR SUBMISSION 2.1 The Submitter supports or opposes the specific provisions set out in Section 4 of this document. In the absence of the relief sought being granted, the Submitter considered that PC2, as notified: (a) Results in inefficient and ineffective administration of the Plan; or (b) Is inconsistent with the purpose and principles of the Resource Management Act 1991 (“RMA”). 2.2 Without limiting the generality of the above, the specific reasons for the submission are set out in the following section. 3.0 OVERVIEW OF SUBMISSION POINTS 3.1 The submission supports the need to restrict water use and wastewater disposal for business and industrial activities, but requests: (a) Minor amendments to proposed draft Plan provision in respect to water and wastewater. 78 Second Ave, City, Tauranga 3110 I PO Box 324, Tauranga 3140 P +64 7 579 9747 1209 Hinemaru Street, Rotorua I PO Box 1027 554 Victoria Street, Hamilton I PO Box 112, Hamilton 3240 P +64 27 659 1641 [email protected] www.veros.co.nz VEROS PROPERTY SERVICES – SUBMISSION South Waikato District Council – DISTRICT PLAN CHANGE 2 3 RELIEF SOUGHT 4.1 The submitter seeks the following decisions from the Council on the notified PC2 provisions applicable to Chapter 18 - Tokoroa Business Zone, Chapter 22 - Putaruru Business Zone, and Chapter 27 - Industrial Zone: (a) That the proposed provisions be retained or amended, as set out in the table below. (b) Such further or other consequential or alternative relief as may be necessary to fully give effect to the matters raised and relief sought in this submission. Support/ Change PC2 Amendment Comments Relief Sought Oppose OBJECTIVES AND POLICIES A1 Amend Policy 3.4.2 – To Support The Submitter supports the That this provision be achieve the objectives of the intent of the objective and retained as notified. Waikato River Vision and policy framework in respect Strategy within the catchment to the Waikato River Vision. area It is though noted that Council 3.4.2i) Managing the demand is required to manage the for the supply and discharge of supply and discharge of their water to keep within consented network within the limitations limits. imposed under their Resource Consent. This is a requirement of the RMA, which also provides for the future opportunity of Council to seek variations or new consents where appropriate to enable growth. DEFINITION B1 New definition Support The proposed amendment That this provision be aligns Council’s reference to retained as notified. Levels of service – means, for “levels of service”. the purpose of Rules 8.3.4n and 8.4za, the specified level of quality and reliability as stated in South Waikato District Council’s asset management plans. ASSESSMENT CRITERIA C1 Amendments to Assessment Support The Submitter supports the That this provision be Criteria 8.3.4(n) intent of the amendment to retained as notified. the assessment criteria. n) Infrastructure provision and upgrading, operation and It is though noted that Council maintenance, including works is required to manage the VEROS PROPERTY SERVICES HAMILTON ROTORUA TAURANGA 2 VEROS PROPERTY SERVICES – SUBMISSION South Waikato District Council – DISTRICT PLAN CHANGE 2 Support/ Change PC2 Amendment Comments Relief Sought Oppose to maintain the function, safety supply and discharge of their and operation of network network within the limitations utilities and infrastructure to imposed under their Resource maintain levels of service to Consent. This is a zoned land and ensure Council’s requirement of the RMA, compliance with consent which also provides for the conditions relating to future opportunity of Council infrastructure facilities. to seek variations or new consents where appropriate to enable growth. C2 Amendments to Assessment Support The Submitter supports the That this provision be Criteria 8.3.4(r) intent of the amendment to retained as notified. the assessment criteria. r) Cumulative effects on infrastructure, including the It is though noted that Council extent to which levels of service is required to manage the to zoned land and Council’s supply and discharge of their compliance with existing water network within the limitations take or wastewater discharge imposed under their Resource consents may be impacted. Consent. This is a requirement of the RMA, which also provides for the future opportunity of Council to seek variations or new consents where appropriate to enable growth. C3 Amendments to Assessment Support The submitter accepts levels That this provision be Criteria 8.4.1(za)1 of service provisions in retained as notified. respect to water usage and za) Infrastructure provision and wastewater discharge. upgrading, operation and maintenance including works to maintain the function, safety and operation and levels of service of the network utilities and infrastructure. PERFORMANCE STANDARDS D1 – D3 New Performance Standards Oppose While the Submitter supports That this provision as 18.4.13, 22.4.12 and 27.4.13 the need to restrict water use notified, be amended and wastewater disposal for to: Water and Wastewater business and industrial - account for the No activity, or combination of activities, the performance scale of activity activities on a site shall have standard proposed to achieve rather than either: the objectives and policies is imposing opposed. restriction based 1 Notified as “Amend Assessment Criteria 8.3.2(za) (Chapter 8 page 62)”, relevant to transport networks. VEROS PROPERTY SERVICES HAMILTON ROTORUA TAURANGA 3 VEROS PROPERTY SERVICES – SUBMISSION South Waikato District Council – DISTRICT PLAN CHANGE 2 Support/ Change PC2 Amendment Comments Relief Sought Oppose a. a requirement for water on the definition of from Council’s reticulated The proposed performance “site”. supply exceeding 10m3 per standard does not take into - respond to robust connection per day; or account the scale of activity. modelling. b. a requirement to discharge The draft standard proposes a wastewater to a public minimum supply or discharge sewer exceeding 10m3 per based on the activity or connection per day. combination of activities on a “site” (defined in the District Plan as “an area of land comprised in one Certificate of Title (or for the purpose of subdivision, is proposed to be held in one Certificate of Title), or adjoining areas comprised in two or more Certificates of Title in the same ownership or used for the same activity”). This would provide for multiple activities (on separate Certificates of Titles) to be established with corresponding connections, which would generate significantly more use and discharge than the establishment of larger scale activities that under this provision would only be entitled to single connections. Opposition is also submitted (due to the lack of information provided) on the modelling that informed the proposed supply and discharge volumes. 4 PROCEDUAL MATTERS 4.1 The Submitter could not gain an advantage in trade competition through this submission. 4.2 The Submitter wishes to be heard in support of this submission. 4.3 The Submitter would consider presenting a joint case with any party seeking similar relief. VEROS PROPERTY SERVICES HAMILTON ROTORUA TAURANGA 4 VEROS PROPERTY SERVICES – SUBMISSION South Waikato District Council – DISTRICT PLAN CHANGE 2 4.4 The Submitter agrees to participate in mediation or other alternative dispute resolution, and would be pleased to discuss the content of this submission with Council staff, if required. Michael Kemeys Rebecca Perrett Development Director Date: 24 June 2020 Principal Planner Date: 24 June 2020 On behalf of DPS Developments Limited Address for Service: DPS Developments Limited C/- Veros Property Services PO Box 89 Second Avenue TAURANGA 3110 Attention: Michael Kemeys Telephone: 027 569 7449 Email: [email protected] VEROS PROPERTY SERVICES HAMILTON ROTORUA TAURANGA 5 .
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