QUEENSTOWN LAKES DISTRICT COUNCIL COMMISSION TO CONSIDER PLAN CHANGE 49 Commissioner David Whitney REPORT & RECOMMENDATIONS OF INDEPENDENT COMMISSIONER PLAN CHANGE 49 : EARTHWORKS DATED : 29 MAY 2015 CONTENTS Page 1.0 THE HEARING 4 2.0 APPEARANCES & INFORMATION SIGHTED 4 3.0 INTRODUCTION 5 4.0 NOTIFICATION AND SUBMISSIONS 6 5.0 DESCRIPTION OF PLAN CHANGE 49 6 6.0 STATUTORY REQUIREMENTS 8 7.0 THE EVIDENCE 9 7.1 Officers Introductory Remarks 9 7.2 Submissions and Evidence of Submitters 10 7.2.1 Millbrook Country Club Ltd, RCL Queenstown Pty Ltd, Barley 10 Station Ltd, Royalburn Farm, Challenge Manawatu Ltd, Queenstown Central Ltd, Glentui Heights Ltd, IHG Queenstown Ltd & Carter Queenstown Ltd, Cambricare NZ Ltd, Lake Wakatipu Station Ltd and John Edmonds & Associates Ltd 7.2.2 Glen Dene Ltd 13 7.2.3 Te Anau Developments Ltd 15 7.2.4 Remarkables Park Ltd, Shotover Park Ltd, Remarkables Stud 17 Farm Ltd, Remarkables Country Ltd (formerly QTN Farm Ltd), Coronet Estates Ltd, Wakatipu Retreat Ltd, Malaghans Park Ltd & Arrowtown Downs Ltd 7.2.5 Blackmans Creek Holdings No. 1LP, Coronet View Holdings 22 Ltd, Glencoe Land Development Company Ltd, Glencoe Station Ltd, Jacks Point Residents & Owners Association Incorporated, Lake’s Edge Development Ltd, Mt Cardrona Station Ltd, Mt Christina Ltd, Parkins Bay Preserve Ltd, Pisidia Holdings Ltd, Queenstown Corporation Ltd, Real Journeys Ltd, Robert Stewart, Treble Cone Investments Ltd and Shotover Country Ltd 7.2.6 Cardrona Alpine Resort 28 7.2.7 Roland & Keri Lemaire-Sicre 28 7.2.8 BP Oil NZ Ltd, Mobil Oil NZ Ltd and Z Energy Ltd (the Oil 29 Companies) 7.2.9 Patrick Kennedy 29 7.2.10 Transpower New Zealand Ltd 30 7.2.11 Queenstown Airport Corporation 30 7.3 The Officers Report and Response to Matters Raised by Submitters 32 8.0 ASSESSMENT 35 Summary of Findings 36 8.1 General 37 8.2 Purpose 43 8.3 Objectives 44 8.4 Policies 48 8.5 General Provisions/Cross Referencing 53 8.6 Rules – Activities 57 8.7 Non-Notification 67 2 8.8 Site Standards 70 8.9 Assessment Matters 83 8.10 Definitions 87 9.0 STATUTORY DOCUMENTS 90 9.1 Objectives and Policies of the Otago Regional Policy Statement 90 9.2 Objectives and Policies of the Queenstown Lakes District Plan 91 10.0 SECTION 32 RMA 92 11.0 PART 2 RMA 93 12.0 OUTCOME 94 Appendices Appendix 1 List of Submitters and Further Submitters 95 Appendix 2 Summary of the Decisions Requested, Including Further Submissions Appendix 3 Plan Change 49 as amended by Recommendations Abbreviations District Plan or Operative District Plan – Queenstown Lakes District Plan PC 49 – Proposed Plan Change 49 QLDC or the Council – Queenstown Lakes District Council RMA or the Act – Resource Management Act 1991 ORC – Otago Regional Council ONL – Outstanding Natural Landscape ONF – Outstanding Natural Feature VAL – Visual Amenity Landscape 3 1.0 THE HEARING The hearing on proposed Plan Change 49 and the submissions (including further submissions) thereto took place at the Copthorne Lakefront Hotel at Queenstown on Wednesday 3 December 2014 and Thursday 4 December 2014. 2.0 APPEARANCES & INFORMATION SIGHTED Submitters: For Millbrook Country Club Ltd, RCL Queenstown Pty Ltd, Barley Station Ltd, Royalburn Farm, Challenge Manawatu Ltd, Queenstown Central Ltd, Glentui Heights Ltd, IHG Queenstown Ltd & Carter Queenstown Ltd, Cambricare NZ Ltd, Lake Wakatipu Station Ltd and John Edmonds & Associates Ltd. Mr Daniel Wells For Glen Dene Ltd Mr Richard Burdon For Te Anau Developments Ltd Ms Fiona Black For Remarkables Park Ltd, Shotover Park Ltd, Remarkables Stud Farm Ltd, Remarkables Country Ltd (formerly QTN Farm Ltd), Coronet Estates Ltd, Wakatipu Retreat Ltd, Malaghans Park Ltd & Arrowtown Downs Ltd Mr Brian Fitzpatrick For Blackmans Creek Holdings No. 1LP, Coronet View Holdings Ltd, Glencoe Land Development Company Ltd, Glencoe Station Ltd, Jacks Point Residents & Owners Association Incorporated, Lake’s Edge Developments Ltd, Mt Cardrona Station Ltd, Mt Christina Ltd, Parkins Bay Preserve Ltd, Pisidia Holdings Ltd, Queenstown Corporation Ltd, Real Journeys Ltd, Robert Stewart, Treble Cone Investments Ltd and Shotover Country Ltd. Mr Warwick Goldsmith Mr Hamish McCrostie For Cardrona Alpine Resort Mr Warwick Goldsmith Mr Erik Barnes For Roland & Keri Lemaire-Sicre Mrs Keri Lemaire-Sicre Correspondence from or on behalf of other submitters who were unable to attend the hearing was tabled; being correspondence from: 4 Burton Planning Consultants Ltd for BP Oil NZ Ltd, Mobil Oil NZ Ltd and Z Energy Ltd (the Oil Companies) being correspondence dated 1 December 2014. Patrick Kennedy being an email dated 2 December 2014. Transpower New Zealand Ltd being correspondence dated 2 December 2014. Mitchell Partnerships Limited for Queenstown Airport Corporation being correspondence dated 3 December 2014. Officers in Attendance: Mr Tony Pickard, Senior Policy Planner, Queenstown Lakes District Council. Mr Pickard prepared a section 42A report on Plan Change 49 and the submissions including further submissions received thereto. Mr Matthew Paetz, District Plan Manager, Queenstown Lakes District Council. Mr Paetz attended the hearing on 4 December 2014 only. Ms Julia Chalmers, District Plan Administrator, Queenstown Lakes District Council. Ms Chalmers provided administrative support to the Commission at the hearing. Information Sighted Mr Pickard’s section 42A report was circulated prior to the hearing. Attached to that report as appendices were Section 22 Earthworks being core provisions of Plan Change 49 as amended consistent with the recommendations of the section 42A report; and the further submissions. The Commission was also provided with copies of all of the submissions; a summary of the decisions requested; the Section 32 Analysis and Appendices which included the Monitoring Report on the Earthworks Provisions of the District Plan dated May 2012; and Plan Change 49 as publicly notified. The Commission was also provided with a copy of the report and recommendations of the Queenstown Lakes District Council’s Variations Hearings Panel on Variation 8 – Earthworks dated 11 November 2002 as background material. 3.0 INTRODUCTION Plan Change 49 has been prepared by the Queenstown Lakes District Council and relates to earthworks. The plan change as notified deletes Section 4.11 Earthworks from the District Wide section of the Operative District Plan and various rules and assessment matters specific to earthworks from the various zones contained in the Operative District Plan. PC 49 also amends the definition of Earthworks and includes new definitions for Cleanfill and Cleanfill Facilities, Bulk Earthworks and Bed (for waterbodies). PC 49 introduces a new Section 22 : Earthworks; and includes Interpretative Diagrams relating to earthworks and amends Section 15 : Subdivision, Development and Financial Contributions to include a new Rule 15.2.20 relating to Earthworks. The purpose of PC 49 is to simplify and streamline the earthworks provisions within the District Plan. The public notice relating to PC 49 as notified advised that the current plan provisions include rules for earthworks in numerous sections and that PC 49 will consolidate the 5 majority of the Earthworks requirements into one new section, making it simpler to use and interpret the plan. 4.0 NOTIFICATION AND SUBMISSIONS PC 49 was notified for submissions on 2 July 2014 and the period for submissions closed on 30 July 2014. A summary of the decisions requested in submissions was publicly notified on 24 September 2014 and the period for further submissions closed on 8 October 2014. A total of 58 original submissions and 2 further submissions were received. Appendix 1 to this report lists the submitters and further submitters; and Appendix 2 contains a summary of the decisions requested and identifies the further submission points that relate to the relevant points raised in the original submissions. At the commencement of the hearing Mr Pickard advised us that the submission by Glen Dene Ltd was received approximately 3 working days after the closing date for original submissions. The Commission has the discretion to waive a failure to comply with a time limit having taken into account the matters stated in section 37A of the Act. Having taken these matters into account the Commission hereby extends the time limit with respect to the submission by Glen Dene Ltd pursuant to section 37 of the Act. Mr Pickard also noted that a further submission was received from Heritage New Zealand on 8 October 2014 but that this was incomplete. A complete submission (which included all of the submission points that the further submission related to) was received on 10 October 2014. For the avoidance of doubt the Commission also extends the time period for receipt of the complete Heritage New Zealand further submission pursuant to section 37 having regard to the matters to be taken into account pursuant to section 37A of the Act. This report assesses the points raised by submitters and further submitters and the Commission makes recommendations in Sections 8.1-8.10 as to whether these points should be accepted, accepted in part, or rejected. 5.0 DESCRIPTION OF PLAN CHANGE 49 PC 49 as notified sought a number of amendments to the Queenstown Lakes District Plan. Key changes are as follows: 1. A new Section 22 : Earthworks section with the issues clearly identified in the purpose and addressed in seven new objectives and associated policies that are grouped under the following headings: • Earthworks and Environmental Effects • Landscape and visual amenity • Land stability and flooding • Earthworks in Rural areas and Ski Areas • Water bodies • Cultural heritage and archaeological sites • Cleanfill facilities 2. Revision of the definition of ‘Earthworks’ and inclusion of new definitions for ‘Cleanfill’ and ‘Cleanfill Facilities’, ‘Bulk Earthworks’ and ‘Bed’ (for water bodies). 6 3. Amendment to the definition of Mining to include gravel extraction and processing and the exclusion of these activities from Earthworks.