Natural and Cultural Heritage Proposal 9 Revised Proposal for Topic 9.3 Historic Heritage and Topic 9.4 Significant Trees 17 January 2016 Key: 1. Rules within this chapter which have immediate legal effect at the time of public notification are shown in blue. 2. Black bold underline and strikethrough are changes that were made to the notified proposal, and filed on 4 November 2015. 3. Red bold underline and strikethrough show further changes to the revised proposal of 4 November 2015, and are made in conjunction with Caroline Rachlin's evidence in chief filed on 18 December 2015. 4. Red bold underline and strikethrough changes made to Appendix 9.3.6.3 - Heritage Item and Heritage Setting Exemptions from Zone and Transport Rules as consequential changes resulting from decisions or current revised proposals of other Chapters and therefore are not notated with submission number and name references. 5. Purple bold underline and strikethrough show further changes to the revised proposal of 18 December 2015, and are made in conjunction with Caroline Rachlin's rebuttal evidence filed on 15 January 2016. This Revised Proposal is split into 5 sections: Section 1 Historic Heritage provisions Page 2 Section 2 Historic Heritage schedules Page 23 Section 3 Tree provisions Page 112 Section 4 Tree schedules Page 118 Section 5 Definitions (for both Historic Heritage and Trees) Page 143 Note: Changes subject to potential fairness issues raised in Caroline Rachlin's Evidence in Chief dated 18 December 2015 have not been included in this revised proposal. These are currently being compiled. 9.3 Historic Heritage 9.3.1 Objective – Historic Heritage a. Historic heritage is maintained recognising the important contribution it makes to the district’s distinctive character and identity, and its role in recovery. b. Maintain historic heritage through: i. The appropriate management of identified heritage values; and ii. Facilitating the recovery of heritage items damaged in the Canterbury earthquakes of 2010 and 2011; while; iii. Recognising the effects of the Canterbury earthquakes on the ability to retain, restore, and continue using heritage items. [#3721.418 - 422, Crown, pg90, and 3721.418.304, Crown, pg71] 9.3.2 Policies 9.3.2.1 Policy - Protection of Sites of Ngāi Tahu Cultural Significance a. Work with Te Rūnanga o Ngāi Tahu and Papatipu Rūnanga to identify and assess sites of Ngāi Tahu cultural significance for listing in the District Plan, including culturally significant landscapes, wāhi tapu and wāhi taonga. b. List sites of Ngāi Tahu cultural significance in the District Plan and recognise and protect Ngāi Tahu values, including protection from inappropriate subdivision, use and development. c. Protect sites of Ngāi Tahu cultural significance listed in the District Plan, through providing for their protection from inappropriate subdivision, use and development. [#3722.1 Te Runanga o Ngāi Tahu, pg3] 9.3.2.2 Policy - Protection of Significant Historic Heritage – Heritage Items and Heritage Settings a. Protect from inappropriate subdivision, use and development, heritage items and heritage settings which are listed in the District Plan as High Significance [Group 1], or Significant [Group 2]. The identification of significance [including for High Significance] is based on assessment according to the values set out under Policy 9.3.2.3 [i] – [vi], and the assessment for a level of High Significance under Policy 9.3.2.3[b]. [#3721, Crown, 3721.424, pg91] Revised Proposal 17 January 2016. SECTION 1: HERITAGE PROVISIONS Page 2 of 150 9.3.2.321 Policy - Protection of Significant Historic Heritage - Heritage Items and Heritage Settings - Assessment and Identification a. Identify historic heritage places which represent cultural and historic themes and activities of importance to the district, and assess them for significance according to the following values: i. Historical and social value; ii. Cultural and spiritual value; iii. Architectural and aesthetic value; iv. Technological and craftsmanship value; v. Contextual value; vi. Archaeological and scientific value; and b. Assess places for High Significance based on whether they have: (i) a high degree of authenticity (based on physical and documentary evidence) ,; and (ii) a high degree of authenticity and/or integrity (particularly whole or intact heritage fabric and values) [including overall form and level of intactness], and (iii) and have a high overall significance to the district, or beyond the district, make an important because they: A. convey important aspects of contribution to the district's contextual development; and B. because of their important contribution to district sense of place and identity; and [#3721.25, Crown; #3630.6, Annandale, pg5; #3646.11, GT Developments (2011) Ltd, p6] c. Schedule List (#3674, Heritage New Zealand Pouhere Taonga) significant historic heritage [heritage items and heritage settings] that are of High Significance (Group 1)and Significant (Group 2)in the District Plan,. and protect them from inappropriate subdivision, use and development. [#3721.424, Crown, pg 91] 9.3.2.23 Policy - Protection of Significant Historic Heritage – Heritage Items and Heritage Settings a. Protect heritage items and heritage settings which are scheduled listed (#3674, Heritage New Zealand Pouhere Taonga) in the District Plan from inappropriate subdivision, use and development. [Church Property Trustees [CPT], #3610, pg 4; #3721, Crown, 3721.424, pg91] b. In the management of heritage items take into account that due to their respective heritage values, Significant (Group 2) heritage items are potentially capable of accommodating a greater degree of change resulting from works to the heritage item, than High Significance (Group 1) heritage items.[#3721.25, Crown) Revised Proposal 17 January 2016. SECTION 1: HERITAGE PROVISIONS Page 3 of 150 9.3.2.34. Policy - Protection of Significant Historic Heritage - Heritage Areas - Future Assessment and Identification a. Identify historic heritage areas which represent cultural and historic themes and activities of importance to the district, and assess them for significance according to the values set out under Policy 9.3.2.321[a]. b. Develop a framework for the protection of heritage values within heritage areas, including through scheduling listing (#3674, Heritage New Zealand Pouhere Taonga) in the District Plan, and through the use of education, advice, and assistance. 9.3.2.45 Policy - Archaeological Sites a. Assist Heritage New Zealand Pouhere Taonga in the identification and protection of archaeological sites through the resource consent process. (#3610.5, Church Property Trustees) 9.3.2.56 Policy - Heritage Conservation Management and Heritage Principles – Heritage Items and Heritage Settings a. Works to heritage items and settings should follow best practice heritage conservation management and heritage principles. In particular work should: i. be based on an understanding of, and respect for, heritage fabric and values including through the use of conservation plans(#3721,Crown); ii. involve the least possible loss of heritage fabric and values; iii. retain reinstate (#3721, Crown)heritage fabric and values whenever possible to maintain or enhance heritage significance; iv. maintain, and whenever possible enhance, the authenticity and integrity of heritage places, particularly in the case of High Significance (Group 1)heritage items and heritage settings; v. be reversible whenever possible; and vi. be documented and recorded. 9.3.2.67 Policy – Ongoing, Viable Use of Heritage Items and Heritage Settings a. Provide for the ongoing, viable use, including adaptive reuse and economic viability [#3721.436, Crown, pg 91]of heritage items and heritage settings, including recognising and providing for the need for works necessary [#3610.6, Church Property Trustees [CPT], pg 4; 3692.14, The Roman Catholic Bishop of the Diocese of Chch, pg 13] as a result of damage incurred from the Canterbury earthquakes of 2010 and 2011 through: i. Enabling repairs and maintenance. ii. Enabling temporary activities. iii. Enabling specific exemptions to zone and transport rules to provide for the establishment of a wider range of activities. Revised Proposal 17 January 2016. SECTION 1: HERITAGE PROVISIONS Page 4 of 150 iv. Providing Enabling for [#3721.437,Crown, pg91] reconstruction, and heritage upgrade works, including seismic, fire and access upgrades, taking account of where they are consistent [#3610.7, CPT, pg5; #3692.15,The Roman Catholic Bishop of the Diocese of Chch, pg13; #3693.14, Albert Hall Limited, pg7; #3718.20, Tailorspace Limited, pg8; #3639.36 Greg & Mia Gaba, pg10]; with the heritage conservation management and heritage principles in Policy 9.3.2.56. v. Providing for alterations, including restoration of heritage items, where they are in accordance with heritage conservation management and heritage principles in Policy 9.3.2. 56. vi. Providing for signs on heritage items, and within heritage settings [#3721.440, Crown, pg 93] where they are in accordance with heritage conservation management and heritage principles in Policy 9.3.2.56. vii. Providing for alterations of heritage settings, including new buildings and signs where they are in accordance with heritage conservation management and heritage principles in Policy 9.3.2.56 9.3.2.78 Policy - Relocation of Heritage Items within and Beyond Heritage Settings a. Provide for the relocation of a heritage item within its heritage setting, where the relocation will maintain the