Decision following the hearing of Proposed Plan Change 24 (Private) “Waiata Shores Local Centre” to the Auckland Unitary Plan under the Resource Management Act 1991 PROPOSAL To rezone land at 2 Te Napi Drive, Waiata Shores from Residential - Mixed Housing Urban to Business - Local Centre Zone in the Auckland Unitary Plan (Operative in Part). This plan modification is GRANTED. The reasons are set out below. Plan modification number: Private Plan Change 24 Site address: 2 Te Napi Drive, Waiata Shores Applicant: Woolworths New Zealand Limited Hearing commenced: Wednesday 04 September 2019, 9.30am Hearing panel: Peter Reaburn (Chairperson) Barry Kaye Juliane Chetham Appearances: For the Applicant: Allison Arthur-Young, Legal Counsel Matthew Grainger, Corporate Derek Foy, Economics Don McKenzie, Transport Lauren White, Urban Design Philip Brown, Planning Alan Blyde, Infrastructure (tabled) Benjamin Lawrence, Acoustic (tabled) For the Submitters: Auckland Transport Trevor Mackie, Planning Mehmet Ahmet, Transport Papakura Local Board Brent Catchpole (Chair) For Council: ___________________________________________________________________________________________________ Private Plan Change 24 1 Sanjay Bangs, Reporting Officer Craig Cairncross, Team Leader/Manager Terry Church, Traffic Engineer Tracy Ogden-Cork, Urban Designer Aaron Schiff, Economist Jon Styles, Acoustic Specialist Gemma Chuah, Stormwater Engineer Larissa Rew, Hearings Advisor Hearing adjourned 4 September 2019 Commissioners’ site visits 19 August, 30 August, 3 September 2019 Hearing Closed: 5 September 2019 Abbreviations used in this Decision Applicant Woolworths New Zealand Limited AUP(OP) Auckland Council Unitary Plan Operative in Part Council Auckland Council Panel / we Independent Commissioners Peter Reaburn, Barry Kaye, Juliane Chetham PPC24 Private Plan Change 24 RMA Resource Management Act 1991 Subject Site The land proposed to be rezoned by PPC24 INTRODUCTION 1. PPC24 is a private plan change that has been prepared following the standard RMA Schedule 1 process (that is, the plan change is not the result of an alternative, 'streamlined' or 'collaborative' process as enabled under the RMA). 2. The private plan change request was made under Clause 21 of Schedule 1 to the RMA. It was supported by the required section 32 analysis and a range of supporting documentation. PPC24 was accepted by the Council under clause 25(2)(b) of Schedule 1 to the RMA on 5 March 2019. 3. The plan change was publicly notified on 9 May 2019 following a feedback process involving Iwi, as required by Clause 4A of Schedule 1. Notification involved a public notice as well as letters to directly affected landowners and occupiers alerting them to the plan change. The latter step was aimed at ensuring that landowners and occupiers of properties affected by potentially significant changes were made aware of the changes. 4. The submission period closed on 7 June 2019. Eight submissions were received, with no late submissions. A summary of submissions was notified for further ___________________________________________________________________________________________________ Private Plan Change 24 2 submissions on 20 June 2019 with the period for making further submissions closing on 4 July 2019. No further submissions were received. 5. This Decision relates to the submissions received on PPC24. The Decision is made on behalf of the Council by a Panel of Independent Hearing Commissioners - Peter Reaburn (Chair), Barry Kaye and Juliane Chetham, appointed and acting under delegated authority pursuant to sections 34 and 34A of the RMA. The Decision has been made after considering all the submissions, the section 32 evaluation, the reports prepared by the officers for the hearing and evidence presented for the hearing. SUMMARY OF THE PLAN CHANGE 6. The proposed plan change is described in detail in the hearing report. In summary: • The PPC24 land sits within an area known as Waiata Shores, an area that was previously occupied by the Manukau Golf Course. In 2013, Fletcher Residential Living purchased the land and is currently undertaking a predominately residential development consistent with its Residential – Mixed Housing Urban zoning. • Key provisions of the Residential – Mixed Housing Urban Zone include: - Up to three dwellings per site are permitted, provided that the relevant core development standards are met, including maximum height, height in relation to boundary, building coverage and maximum impervious area standards; - Retail activities limited to dairies up to 100m² gross floor area per site (as a restricted discretionary activity) and restaurants and cafes up to 100m² gross floor area per site discretionary activity) are provided for. All other retail activities are not provided for, and therefore are a non-complying activity; - Maximum building height of 11m, plus an additional 1m for roof form; - Maximum building height in relation to boundary of 3m plus 45 degrees; ___________________________________________________________________________________________________ Private Plan Change 24 3 - Maximum building coverage of 45% of the net site area, and maximum impervious area of 60% of the site area. • PPC24 seeks to rezone a 1.92ha part of Waiata Shores at 2 Te Napi Drive from Residential – Mixed Housing Urban Zone to Business – Local Centre Zone. • PPC24 seeks solely to change the zoning of the land. No further precincts, overlays or controls are proposed. • The Business – Local Centre Zone provisions are primarily contained in Chapter H11 of the AUP(OP). The zone applies to small centres across Auckland, and primarily provides for “the local convenience needs of surrounding residential areas, including local retail, commercial services, offices, food and beverage, and appropriately scaled supermarkets”. • Key provisions in the Business – Local Centre Zone include: - Retail activities (other than supermarkets) are permitted up to 450m² gross floor area per tenancy, and restricted discretionary above 450m² gross floor area per tenancy; - Supermarkets are permitted up to 2,000m² gross floor area per tenancy, and restricted discretionary above 2,000m² gross floor area per tenancy; - Offices are permitted up to 500m² gross floor area per site, and restricted discretionary greater than 500m² gross floor area per site; - Commercial services and food and beverage are permitted with no gross floor area thresholds; - Dwellings, supported residential care, visitor accommodation and boarding houses are permitted with no scale or density thresholds; - Maximum building height of 18m, of which the maximum occupiable building height is 16m and the remaining 2m set aside for roof form; - Height in relation to boundary standards applicable at the boundary with sites zoned residential or open space, including sites separated by a road. At the boundary with sites zoned Residential Mixed ___________________________________________________________________________________________________ Private Plan Change 24 4 Housing Urban, a height in relation to boundary of 3m + 45 degrees applies. • A number of other AUP(OP) provisions will apply to any development of the site under a Business – Local Centre zoning, including standards relating to transport matters in Chapter E27 and standards relating to noise and vibration in Chapter E25. OFFICERS REPORT 7. The Panel received a section 42A (s42A) report prepared by Mr. Sanjay Bangs with input from a number of Council and Council- appointed specialists. The s42A report included a recommendation to accept the plan change, with no amendment. HEARING 8. To expedite the hearing process the Panel issued a Direction requiring the pre-circulation of expert evidence. Pre-circulated evidence was provided as directed. 9. Panel members individually conducted site visits on August 20, August 30 and September 3 2019. 10. The hearing was held at the Manukau offices of the Auckland Council on Wednesday 4 September 2019. 11. At the hearing, submissions were presented by the applicant’s counsel, Ms Allison Arthur-Young. Expert evidence was generally taken as read, although in most cases summary statements were provided by experts. A number of questions were asked by the Panel. 12. There was one submitter present at the hearing, Auckland Transport. Mr. Brent Catchpole appeared on behalf of the Papakura Local Board. 13. Council advisors provided comments after hearing the cases presented by the applicant and submitter. 14. Ms. Allison Arthur-Young presented reply comments at the conclusion of the hearing. ___________________________________________________________________________________________________ Private Plan Change 24 5 15. The hearing was adjourned at the conclusion of the hearing and closed the following day, 5 September 2019 with no further information sought. STATUTORY FRAMEWORK 16. PPC24 was a private plan change request. It was accepted by the Council under clause 25(2)(b) of Schedule 1 of the RMA. 17. As a private plan change, Clause 29 of Schedule 1 to the RMA is relevant. The provisions of a private plan change request must comply with the same mandatory requirements as Council initiated plan changes. As required, the PPC6 request contained an evaluation report in accordance with section 32 of the RMA (clause 22(1), Schedule 1, RMA). Clause 29(1) of Schedule 1 provides “except as provided in sub-clauses (1A) to (9), Part 1, with all necessary modifications, shall apply to any plan or change requested under this Part and accepted under clause 25(2)(b). 18. We are