PROPOSED CHANGE 14 TO THE AUCKLAND REGIONAL POLICY STATEMENT – EXTENSION TO THE METROPOLITAN URBAN LIMITS, TAKANINI STRUCTURE PLAN AREA 6A AND 6B PROPOSED VARIATION 3 TO THE PROPOSED AUCKLAND REGIONAL PLAN: AIR, LAND AND WATER – EXTENSION TO THE URBAN AIR QUALITY MANAGEMENT AREAS AND INDUSTRIAL AIR QUALITY MANAGEMENT AREAS, TAKANINI STRUCTURE PLAN AREA 6A AND 6B. PROPOSED PLAN CHANGE 15 TO THE AUCKLAND COUNCIL DISTRICT PLAN (PAPAKURA SECTION) – REZONING 53.3 HA OF LAND IN TAKANINI STRUCTURE PLAN AREA 6 FROM RURAL TAKANINI/DRURY (FUTURE URBAN UNDER PC13) TO INDUSTRIAL 1 AND 3, RESIDENTIAL 1 AND 8 AND RESERVE ZONES. NOTICE OF REQUIREMENT 047 – DESIGNATION SOUGHT FOR A PUBLIC WORK (STORMWATER POND) From: The Hearings Commissioners Mr Greg Hill (Chair), Ms Patricia Fordyce, Ms Dorothy Wakeling and Ms Caroline Conroy (Papakura Local Board Member) Date: 21st March 2012 CONTENTS 1.0 Summary of the Decision 2.0 Delegation 3.0 Introduction/Overview 4.0 Notification/ Submissions/Further Submissions/Hearings Process 5.0 The Auckland Council - Organisational Changes and Submitter status changes 6.0 Statutory Requirements 7.0 Structure and Contents of this Report 8.0 Submissions to other Plan Changes 9.0 Support for the Changes Page 1 of 163 Proposed Change 15 To The Auckland Council District Plan (Papakura Section) 10.0 Index of Submitters and Further Submitters by Name and Topic 11.0 Consideration of Submissions and Further Submissions. 11.1 Submissions Relating to The National, Regional and District Context and Legislative 11.2 Submissions Relating to Business Land Supply 11.3 Submissions Relating to Zoning and Land Uses 11.4 Submissions Relating to Reserve Land and Landscape 11.5 Submissions Relating to Stormwater/Stream/Infrastructure/ Geotechnical 11.6 Submissions Relating to Amenity 11.7 Submissions Relating to Subdivision 11.8 Submissions Relating to Generated Effects – General 11.9 Submissions Relating to Generated Effects – Noise and Industrial Vibration 11.10 Submissions Relating to Traffic 12.0 Amendments Under Clause 16(2) of the First Schedule of the RMA 1991 13.0 Proposed Change 14 to the Auckland Regional Policy Statement 13.1 Overview 13.2 Submissions 13.3 Decisions on Submissions Relating to the Extension of the Metropolitan Urban Limit. 13.4 The Strategic Direction 14.0 Proposed Variation 3 to the Proposed Auckland Regional Plan: Air, Land And Water 14.1 Overview 14.2 Decisions on Submissions Relating to the Change to the Air Quality Management Area. 15.0 Overall Findings And Conclusion With Respect To The Statutory Tests 16.0 Decision on the Notice of Requirement to Designate Land for the Construction, Operation and Maintenance of a Stormwater Management Pond 16.1 Description of the Activity 16.2 Application Details 16.3 Site, Proposal and Context 16.4 Statutory Context 16.5 Notification 16.6 Evaluation 16.7 Actual and Potential Effects on the Environment 16.8 National Policy Statement 16.9 Auckland Regional Policy Statement 16.10 Assessment of District Plan Objectives and Policies 16.11 Regional Plan Objectives and Policies 16.12 Consideration of Alternative Sites and Methods 16.13 Whether the work and designation are reasonably necessary for achieving the objectives of the Requiring Authority Page 2 of 163 16.14 Other Relevant Documents 16.15 Submissions 16.16 Part 2 of the Resource Management Act 16.17 Decision of the Hearings Panel 16.18 Conditions Appendices Appendix 1 -Submissions and Further Submissions by Name And Topic for PC 15 Appendix 2 – Overview of Key Submissions and a Summary of Evidence for PC 15 Appendix 3 – Plan change 15 Appendix 4 – Map : Proposed Change 14 To The Auckland Regional Policy Statement – Moving the Metropolitan Urban Limit Appendix 5 – Map; Proposed Variation 3 to the Proposed Auckland Regional Plan: Air, Land and Water – Extension to the Urban Air Quality Management Area. Appendix 6 – Map: Notice Of Requirement 047 – Stormwater Pond. 1.0 Summary of the Decisions The Commissioners have determined that: Proposed Change 14 to the Auckland Regional Policy Statement (ARPS) – extension to the Metropolitan Urban Limit, Takanini Structure Plan Area 6a and 6b, and Proposed Variation 3 to the Proposed Auckland Regional Plan: Air, Land and Water (ARP: ALW) – extension to the urban air quality management areas, Takanini Structure Plan area 6a and 6b, and Proposed Plan Change 15 to the Auckland Council District Plan (Papakura Section)(PC 15) – rezoning 53.3 ha of land in Takanini Structure Plan Area 6 from Rural Takanini/Drury (Future Urban under PC13) to industrial 1 and 3, residential 1 and 8 and reserve zones plus proposed Porchester road widening. be APPROVED subject to the amendments as described below and in the planning documents (attached), and That the submissions be accepted, accepted in part or rejected as set out below. The Commissioners also recommend to the Auckland Council (as the Designating Authority) pursuant to section 171 (2) of the Resource Management Act that: The Notice of Requirement 047 (NOR) – Designation for a public work - stormwater Pond be confirmed subject to the conditions attached to the Recommendation. Summary of the Main Findings Having heard all of the evidence and considered all of the material presented to us a summary of the main findings are: Page 3 of 163 To extend the MUL and to provide for an Urban Air Quality Management Area (and not an Industrial Air Quality Management Area) over the area of PC 15. To confirm the Stormwater Pond NOR, with the pond in the same location as notified. To not impose a traffic generation cap rule requiring a resource consent when a particular traffic volume is reached. While it is accepted that roads and some intersections will need to be upgraded due to PC 15 and other developments within the Takanini Structure Plan Area, these need to be funded (in part) by „development levies‟ (financial contributions and /or Development Contributions) at the time development takes place . To retain the reserve zoning at the northern end of the PC 15 area notified and not be zoned as industrial as requested by some submitters. To not provide additional retail activity, particularly in relation to 55 Takanini School Road. To amend the rules and assessment criteria to further protect amenity. In particular amendments are proposed to: o Landscape provisions o Bulk and location provisions – in particular height and yard provisions o Noise standards To retain the Utility Yard provision for the „construction‟ phase of the wastewater pipeline, but not for the period post construction. To modify Overland flowpath and soakage pit references, in particular to modify the proposed overland flowpath configuration shown on the Structure Plan. 2.0 Delegation The Commissioners were delegated full responsibility by the Auckland Council‟s Hearings Committee to make decisions on submissions to on Proposed Change 14 (RPS). Variation 3 (RPALW) and PC 15, pursuant to section 34 of the Resource Management Act 1991 (“RMA”). The Commissioners were also delegated to make the decision on the NOR for the stormwater pond pursuant to section 168A (4). 3.0 Introduction/Overview Proposed Plan Change 15 - Takanini Structure Plan Area 6 (PC 15) PC15 involves Area 6A and 6B of the Takanini Structure Plan (TSP) and covers approximately 53.5 hectares of land located in northern Takanini, immediately to the east of the Spartan Road industrial area and is currently used predominantly for rural activities. The PC15 area is bounded by Takanini School Road to the west, the Papakura Stream to the north, Porchester Road to the east, and a row of houses gaining access to Manuroa Road to the south. Popes Road bisects the land in an east-west direction. The use of land immediately adjacent the subject site includes: Page 4 of 163 To the north of the Papakura Stream, predominantly single-storey housing. This area was within the boundaries of the former Manukau City. To the west, land has been developed for residential, manufacturing and other industrial uses. This area was within the former Papakura District and is zoned Urban Industrial 3. To the east of Porchester Road, land is occupied by rural uses, predominantly grazing. This area was within the former Papakura District and is zoned Rural Takanini / Drury. To the south, land has been developed for suburban housing, including a rest home. Road frontage is provided via Manuroa Road. This residential area was within the former Papakura District, and is zoned Urban Residential 1. The plan change area involves nine separately owned land parcels. The key elements of PC 15 are: To introduce new urban planning provisions to rezone 53.5 hectares of land from Rural Takanini/Drury zone to: Industrial 1 zone: 16.64 hectares Industrial 3 zone: 24.77 hectares Residential 8 zone: 5.04 hectares Reserve zone: 4.7 hectares (Esplanade reserve area, Stormwater pond area, Recreational Reserve) 118 Manuroa Road which has an area of 22,653m2 and which currently has a split zoning of Urban Residential 1 and Rural Takanini / Drury is proposed to have the Urban Residential 8 zoning applied. 148A Manuroa Road, which has an area of 2680m2 and which currently has a split zoning of Urban Residential 1 and Rural Takanini / Drury is proposed to have the Urban Residential 1 zoning applied to that part of the site which is currently zoned Rural Takanini / Drury. Specific provisions are included to address issues regarding potential amenity, traffic, stormwater and geotechnical effects and protect the amenity of neighbouring residential and reserve areas. Moving the Metropolitan Urban Limit (MUL) Proposed Change 14 to the ARPS was a request by the former PDC to extend the MUL at Area 6A and 6B of the Takanini Structure Plan. The extension is to provide additional urban capacity for industrial/business related development (41.4ha); residential development (0.3 ha) and reserve areas (4.7ha) within Takanini.