DECISION OF THE HEARINGS COMMISSIONERS FOR: PROPOSED CHANGE 15 - TO THE AUCKLAND REGIONAL POLICY STATEMENT – EXTENSION TO THE METROPOLITAN URBAN LIMITS, HIBISCUS COAST GATEWAY; and PROPOSED VARIATION 5 - TO THE AUCKLAND REGIONAL PLAN: AIR, LAND AND WATER (OPERATIVE IN PART) – EXTENSION TO THE URBAN AIR QUALITY MANAGEMENT AREA, HIBISCUS COAST GATEWAY; and PROPOSED PLAN CHANGE 123 - SPECIAL 25 (HIBISCUS COAST GATEWAY SPECIALIST RETAIL) ZONE AND SPECIAL 26 (HIBISCUS COAST GATEWAY RECREATION AND ENTERTAINMENT) ZONE. The Hearings Commissioners are: Mr Greg Hill (Chair), Mr William Kapea, Mr David Hill and Mr David Mead. DATE – 22nd May 2013. 1. Summary of the Decision The Commissioners have determined that: Proposed Change 15 to the Auckland Regional Policy Statement (ARPS), be APPROVED, and Proposed Variation 5 to the Auckland Regional Plan: Air, Land and Water (ARP:ALW) be APPROVED, and Proposed Plan Change 123 to the Auckland District Plan (Rodney Section) (ADP:RS) be APPROVED IN PART, being: The Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone is Approved, and The Special 26 (Hibiscus Coast Gateway Recreation and Entertainment) Zone is Approved for those sites shown on Plans attached to this decision, and That all other sites in the area of Proposed Plan Change 123 not zoned Special 25 and 26 are zoned “Future Urban Zone” as set out in the current ADP:RS, and PC 15 PC 5 and PC 123 1 Subject to the amendments as described below and in the Plan Change document (Attachment A)1, and That the submissions be accepted, accepted in part or rejected according to the reasons set out in this decision report. It is noted that the proposed changes were initiated prior to the formation of the Auckland Council. Rodney District Council (RDC) had applied to the Auckland Regional Council to extend the MUL and the urban air quality management area, and had initiated the proposed Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone and Special 26 (Hibiscus Coast Gateway Recreation and Entertainment) Zone change to its District Plan. Given the establishment of the Auckland Council, a unitary authority, the proposed changes have been treated as an integrated ‘package’. 2. Delegation The Commissioners were delegated full responsibility by the Auckland Council’s Hearings Committee to make decisions on submissions on the Changes and Variation (“the proposed plan changes”) as described above pursuant to section 34A of the Resource Management Act 1991 (“RMA”). 3. Summary of the Plan Changes 3.1 Regional Policy Statement and Regional Plan Relevant Regional or District Auckland Regional Policy Statement (ARPS) documents of the Auckland Auckland Regional Plan: Air, Land and Water Operative Council in Part (ARP:ALW) Status of Documents ARPS - Operative as of 31 August 1999 ARP:ALW - Operative in Part as of 21 October 2010. Number and name of Proposed Proposed Change 15 to the ARPS – extension to the Change/Variation metropolitan urban limits for Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone and Special 26 (Hibiscus Coast Gateway Recreation And Entertainment) Zone Proposed Variation 5 to the ARP:ALW – extension to the urban air quality management area, Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone and Special 26 (Hibiscus Coast Gateway Recreation And Entertainment) Zone. Type of Change Council initiated Date of notification of Proposed 24 June 2010 Change Date summary of submissions 26 August 2010 notified Legal effect at original No legal effect notification (s 86B) Submissions received (total 6 original submitters – supporting 1 For the avoidance of any doubt, the plan change provisions are those in the plan change document itself. PC 15 PC 5 and PC 123 2 numbers) No further submitters Main issues or topics that . Facilitates appropriate development of recreation and emerged from the submissions entertainment cluster; . Beyond this change future new employment opportunities should be concentrated in Massey North/Hobsonville/Whenuapai area; . Move is consistent with intended change in landuse . Is consistent with ACRPS Schedule 1 - High Density Centres and Corridors and Future Urban Areas . Change to Urban Air Quality Management Area will give effect to MUL shift and manage effects of air discharges Transport issues associated with Small Road and Hibiscus Coast Highway 3.2 District Plan Relevant Regional or District Auckland District Plan (Rodney Section) (ADP:RS) Plan/s of the Auckland Council Number and name of Plan Proposed Plan Change 123 - Special 25 (Hibiscus Coast Change Variation Gateway Specialist Retail) Zone and Special 26 (Hibiscus Coast Gateway Recreation and Entertainment) Zone Type of Change Council initiated Date of notification of proposed 24 June 2010 Plan Change Date summary of submissions 26 August 2010 notified Legal effect at original No legal effect notification (s 86B) Submissions received (total 14 original submitters. 4 further submitters numbers) Main issues or topics that Support for the rezoning emerged from the submissions Seek a broader range of activities to be allowed in the Recreation and Entertainment Zone Opposition to the proposed internal road layout Support for the road layout Seek additional provisions for alternative modes of transport Seek additional rules relating to access to the area Opposition to the landscape provisions Opposition to stormwater provisions Opposition to the East Coast Road overlay and earthwork rules Issues with specific rules. 4. The Hearing PC 15 PC 5 and PC 123 3 Hearing The hearing was held on the 18th and 19th October 2012 and then adjourned while additional information was obtained from the Council Officers on the ‘alternative proposal’ put forward by a number of submitters. The hearing was reconvened on the 19th February 2013. Hearing Closed The hearing was closed on the 8th March 2013. 5. Waiver of time limit to issue the decisions The Proposed Plan Changes were publicly notified on 24 June 2010, with a closing date for submissions of 23 July 2010. The summary of submissions was publicly notified on 26 August 2010. The period for further submissions closed on 9 September 2010. Under clause 10(4) of the First Schedule of the RMA: The local authority must- (a) give its decision no later than 2 years after notifying the proposed policy statement of plan under clause 5: and (b) publicly notify the decision within the same time. The two year time frame for making a decision on these plan changes passed on 24 June 2012. Section 37 of the Resource Management Act 1991 (RMA) provides for extensions of time. The ‘2 years’ of Clause 10 of the First Schedule to the RMA can, if necessary, be doubled. We record here that the Council had extended the time frame for making a decision on Plan Change 123 on 8 August 2012 for a period of 12 months (i.e. until 8 August 2013). For consistency the Commissioners have granted the same waiver in relation to the MUL extension under the ARPS and the Air Quality Management Area under the ARP:ALW. 6. Overview of the Plan Changes 6.1 Introduction The Auckland Council has sought to extend the Metropolitan Urban Limit (MUL) over approximately 95 hectares of what is presently rurally zoned land adjacent to State Highway 1 at Silverdale. A change is also sought to ARP:ALW (PC 6) for the same area of land. This is to change the Air Quality Management Area from Rural to Urban. Simultaneously, a zone change has been sought to the District Plan to rezone this land from General Rural to Special 26 (Hibiscus Coast Gateway Recreation and Entertainment) Zone and Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone. 6.2 Location The site is located between East Coast Rd, the Hibiscus Coast Highway, the Northern Motorway (SH1), and the southern boundary of the “Snow Planet” site. The land is currently zoned General Rural. PC 15 PC 5 and PC 123 4 The land generally slopes down from East Coast Rd to the motorway and has some flatter areas in the north. The land is mostly in pasture but parts of the area are used for retail activities (Kings Plant Barn and associated shops) and recreation activities (Go-Karts and the “Snowplanet”), as well as the Park and Ride facility which is currently under construction. These activities were established by way of resource consent applications. The plan change material notes that part of the land, specifically that close to East Coast Road, has some geotechnical issues associated with it. The land contains a number of small watercourses and riparian areas that form part of John Creek which discharge into the Weiti Stream. SILVERDALE N PC15 & PC5 area Figure 1: Location of PC15 and PC5 6.3 The Proposed Changes MUL Extension The request from the former RDC (now Auckland Council) to change the MUL, pursuant to the RMA Schedule 1 Clause 21(3), was considered by the former Auckland Regional Council (ARC) (now Auckland Council) in April 2010. The ARC resolved to accept the request in whole. The request is to extend the MUL as shown in the location plan above. Air Quality Management Area. The proposed area of change is currently within a Rural Air Quality Management Area. Under 3.12.1 of the ARP:ALW any extension to the MUL requires a corresponding shift in the Urban Air Quality Management Area (UAQMA). The UAQMA seeks to ensure a high level of amenity and to protect human health, particularly for sensitive sectors of the population, from the adverse effects of air discharges. PC5 is the associated response to the MUL extension and Special 25 and 26 zoning sought by the Council. PC 15 PC 5 and PC 123 5 Land Use Zone Change Sought Proposed Plan Change 123 alters the Auckland Council District Plan (Rodney Section) by the rezoning of the area from rural to Special 26 (Hibiscus Coast Gateway Recreation and Entertainment) Zone and Special 25 (Hibiscus Coast Gateway Specialist Retail) Zone.