Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/5/6104 2 Schedule 5.3 - Designations (Excluding Designation 80 - Te Anau Wastewater Treatment Area) Including Recommendations to Requiring Authorities And Decisions on Southland District Council Notices of Requirement 1. Introduction This report considers submissions and further submissions which were received on Schedule 5.3 which contained an updated list of designations. This report excludes matters related to Designation 80 - Te Anau Wastewater Treatment Area as this is the matter of a separate hearing process. This is the decision report on submissions and further submissions to the Schedule and contains decisions on Southland District Council‟s Notices of Requirement. This report also contains the recommendations to all other requiring authorities that sought to roll over, modify or include new Notices of Requirement to the proposed District Plan. A hearing on the General Submissions, Designations Schedule, Noise, Waste, Hazardous Substances and Contaminated Land and Definitions sections of the District Plan commenced on 7 July 2014. This is known as Hearing 6 on the proposed Southland District Plan. The members of the Hearing Committee who were present to hear the submissions are listed below: Cr Paul Duffy (Chairperson), Cr Gavin Macpherson, Cr Julie Keast, Cr Lyall Bailey, Cr Rodney Dobson, Mr Donald Mowat (iwi representative). The following submitters attended the hearing to speak on their submission: Te Anau Community Board - Alistair Jukes, Clark Fortune McDonald - Murray Fortune, New Zealand Institute of Surveyors - Trish Falconer, Federated Farmers - Tanith Robb, Transpower - Jane West, Alliance - John Kyle and Francis Wise, Department of Conservation - Ken Murray, New Zealand Defence Force - Rob Owen, Malcolm Hunt and Jenny Clafferty, Coal Action Network Aotearoa - Tim Jones, Coal Action Murihiku - Jenny Campbell, Jenny Campbell, Jet Boating New Zealand - Eddie McKenzie, Robina Johnston. Evidence was tabled from: Genesis Energy, Meridian Energy, New Zealand Police, KiwiRail, PowerNet, The Power Company Ltd, AgResearch, H W Richardson Group, New Zealand Transport Agency, Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/6/8141 3 Glenda Bell, Chorus and Telecom, NZ Fire Service, Fish & Game, Oil Companies. 2. Context for Schedule 5.3 - Designations - Section 5 of the Plan This report considers each requirement (designation) and submissions which were received on Schedule 5.3 - Designations of the Proposed Southland District Plan (excluding Designation D80 - Te Anau Wastewater Treatment Area which is the subject of another hearing process). Unlike other proposed District Plan hearings the Committee has made recommendations to the requiring authorities on whether to confirm, modify, impose conditions or withdraw each requirement (designation). In the case of Council‟s own Notices of Requirement, the Committee has made the final decisions. Within 30 days of receiving recommendations, the requiring authority is to advise the territorial authority, whether the requiring authority accepts or rejects the recommendation in whole or in part. This report considers Notices of Requirement in order of requiring authority. In making its recommendation on a Notice of Requirement lodged by a requiring authority, Council is required to either: Confirm the requirement; Modify the requirement; Impose conditions; Or withdraw (reject) the requirement. When making a recommendation or decision on a Notice of Requirement, the territorial authority must have regard to matters listed in Section 171(1). The territorial authority is not required to consider the matters listed in Section 104 and 105. It must provide reasons for the recommendation or decisions (clause 9). For those Notices of Requirement for the rollover of designations that Council has received no submission on and does not wish to recommend any new conditions, the territorial authority is not allowed to make a recommendation. It must simply include the „roll over‟ designation in the proposed District Plan. A list of the designations to be rolled over without modification is provided in Appendix One. A list of all designations that have been withdrawn from the plan is contained within Appendix Two as a record of that process. Council is not required to issue a formal decision on those matters. 3. How to read this report The decision reports have been drafted in order of to the sections of the proposed plan. This report should therefore be read in conjunction with those other decision reports. Appendix 1 shows the proposed District Plan as amended by the decisions of the Hearing Committee. Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/6/8141 4 Section 4 of this report analyses the submissions and further submissions that were received on the plan and any further information provided at the hearings and makes a decision on whether to accept or reject the submission. Submitters and their decisions requested are shown in the tables and where there are further submitters these are shown in italics underneath. Evidence tabled at the hearing is directly referred to in this report where the Committee believes it is of particular assistance in understanding the decision requested or the reasons for the Committee‟s decision. These references are not intended to be exhaustive and some evidence presented at the hearing may not be directly referred to in this report. All evidence has, however, been carefully considered. Aspects of the background information from the Section 42A Officer recommending report have been retained in this report as it provides a more complete picture of what the Committee considered when reaching their decisions. These decisions are given in the context of the relevant statutory requirements whether they are stated explicitly or not. Section 5 of this report is a copy of the section of the plan with amendments to reflect the decisions made in this report on the submission points. Where amendments have been made to the wording of the plan, additions have been shown as underlined and deletions have been shown as crossed out. It should be noted that there may be consequential amendments to this section of the plan as a result of decisions on other parts of the proposed District Plan. Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/6/8141 5 Example of Report Format Section of the Policy BIO.2 plan on which the submission is made 4.63 Submitter / Support/ Recommendation/ Further Submitter oppose/ neutral Decision Genesis Power Ltd (5.1) Support in part Accept in part Section number of this report Decision requested: Amend Policy BIO.2 as follows: Maintain existing ecosystem connections which that support indigenous vegetation and habitats of indigenous fauna, where Submitter and appropriate and encourage alternative ecological protection and/or their decision enhancement methods where maintenance is not possible. requested number Transpower (FS38.5) Support Accept in part Further submitters and their decision P D Chartres t/a Te Anau Support Accept in part Downs, P D Chartres requested number Trust, P D Chartres and F Munster (FS37.14) Committee Federated Farmers Support Accept in part recommendations (FS14.15) Reasons It is recommended that an amendment to the wording of the policy be made to refer to “existing ecosystem connections Reasons for the Committee that support indigenous vegetation…”, however, it is not recommendation recommended the amendment be made to the last part of the policy as proposed by the submitter. The explanation to the policy already provides for the maintenance of biodiversity „where possible‟ which gives some of the clarity the submitter is requesting with the addition of „where appropriate‟ in the policy. It is important that the plan is considered as a whole so that all relevant policies are taken into account. Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/6/8141 6 Index of Submitters This index of the submitters and further submitters provides references to the relevant section of this report where their submission points have been discussed. Submitter No. Submitter Section and page number 224 Invercargill City Council 4.7.2 pg 31 241 PowerNet 4.11.2 pg 43 100 Radio New Zealand 4.17.2 pg 58 190 Transpower NZ Ltd 4.15.2 pg 53 217 Southland District Council 4.3.2 pg 13 14 Marion Calvert 4.4.11 pg 21 128 Minister of Education 4.4.8 pg 20, 4.8.3 pg 34, 4.8.4 pg 35, 4.8.5 pg 35, 4.8.6 pg 35, 4.8.7 pg 35,4.8.8 pg 36, 4.8.9 pg 36 1 John Robson and Stephonie Quenaux 4.5.5 pg 25 105 V King 4.5.8 pg 27 285 NZ Police 4.9.2 pg 38 Further submitter Number, Name and Section / page number 26 S Gover 4.4.11 pg 21 Index of Notices of Requirement Requiring Authority Section and page # Southland District Council - Depot 4.1 pg 8 D1, D2, D3 Southland District Council - Waste Management Facility 4.2 pg 9 Southland District Council - Roading 4.3 pg 11 Southland District Council - Public Utility (Water and 4.4 pg 15 Wastewater) Southland District Council - Cemeteries 4.5 pg 23 Southland District Council - Airports 4.6 pg 29 Invercargill City Council - Water Supply 4.7 pg 31 Minister of Education 4.8 pg 33 Minister of Police 4.9 pg 38 KiwiRail Holdings Ltd 4.10 pg 40 The Power Company Ltd 4.11 pg 41 Meteorological Service of New Zealand 4.12 pg 46 Chorus New Zealand Ltd 4.13 pg 47 Telecom New Zealand 4.14 pg 51 Transpower NZ Ltd 4.15 pg 53 New Zealand Transport Agency (NZTA) 4.16 pg 55 Radio New Zealand Ltd 4.17 pg 58 Invercargill Airport Ltd 4.18 pg 59 Proposed Southland District Plan 2012 - Decision Report - Schedules 5.3 - Designations r/14/6/8141 7 4.