DRAFT HERITAGE STRATEGY DISCUSSION DOCUMENT THE PROTECTION & MANAGEMENT OF HERITAGE FEATURES KAPITI COAST DISTRICT COUNCIL KAPITI COAST DISTRICT COUNCIL 2 Heritage Strategy – Comparison of Regulatory & Non -regulatoryincentivess EXECUTIVE SUMMARY EXECUTIVE SUMMARY CHAPTER 1: Introduction § One of the functions of the Kapiti Coast District Council under the Resource Management Act and the Historic Places Act is to identify, protect and manage heritage features. § Voluntary and pro-active approaches to heritage management fosters greater co-operation from landowners. § Voluntary and pro-active approaches to heritage management include rates relief, provision of funds & services, education & awards and property right incentives. § This report and associated consultation exercise forms part of the analysis process which precedes any plan change procedure. The Council wishes to provide further informal opportunities for public submissions at this stage. CHAPTER 2: Existing Regulatory Incentives Used by KCDC § Regulatory incentives for heritage protection generally are implemented through the District Plan and include rules, general zones, subdivisional zones, designations, precinct areas, and a heritage register. Non- compliance with the District Plan can result in legal action including instant fines. § The resource consent process assists in the management and protection of heritage management by ensuring development and subdivision meet the objectives and policies for that zone. § There are over 304 heritage features listed in the Heritage Register of the District Plan. and § There are 17 esplanade reserves within the Kapiti Coast District. CHAPTER 3: Existing Non-regulatory Incentives Used by KCDC § The District Plan lists a range of non-regulatory incentives as a way of achieving its objectives and policies in relation to heritage management. ______________________________________________________________________________________________ DISCUSSION DOCUMENT KAPITI COAST DISTRICT COUNCIL 3 Heritage Strategy – Comparison of Regulatory & Non -regulatoryincentivess EXECUTIVE SUMMARY § Currently Kapiti Coast District Council provides rates relief to landowners with a Queen Elizabeth II covenant/s on their property. There are 8 registered QEII covenants and 3 under action within the Kapiti Coast District § The Kapiti Coast has 13 heritage areas protected by a Conservation Covenant. § There are over 440 reserves in the Kapiti Coast District, most of which are local purpose or recreation reserves. § There are 41 sites that have a consent notice protecting a heritage feature in the Kapiti Coast District. § There are two waahi tapu areas protected under the Historic Places Act located in the Kapiti Coast District. § Many of the sites listed above are recorded on the District Plans maps and within the District Plan Heritage Register. § Kapiti Coast District Council has just published a Native Plant Guide for the area and there are opportunities to increase the coverage of this guide. CHAPTER 4: Regulatory Incentives Employed by Other Councils § Buffer Areas are sensitive areas that surround a heritage feature. § While there are objectives and policies in the District Plan relating to buffer areas, there are no rules restricting activities in those areas in the first instance. Those objectives and policies can only be considered once a resource consent has been received by Council. § There are no rules in the District Plan restricting activities in an outstanding landscape with the exception of farm tracks. Outstanding landscapes are only given consideration if a resource consent is received within such an area. § Buffer areas and the protection of outstanding landscapes can be protected in the District Plan through the introduction of new rules which would restrict activities within a certain distance of that heritage feature or outstanding landscape. § Heritage Orders means a provision made in the District Plan to give effect to a ‘requirement to protect a heritage feature’ made by a heritage protection agency. The Crown, Historic Places Trust, a territorial authority, iwi authority or other approved heritage protection agencies may seek a ______________________________________________________________________________________________ DISCUSSION DOCUMENT KAPITI COAST DISTRICT COUNCIL 4 Heritage Strategy – Comparison of Regulatory & Non -regulatoryincentivess EXECUTIVE SUMMARY requirement for a heritage order. The District Council must notify a requirement for a heritage order and a resolution must be passed before the order is included in the District Plan. § A heritage order can significantly curtail private property rights, and if an order is shown to render the land incapable of reasonable use, the heritage protection agency responsible for putting forward the requirement could be required by the Environment Court to either seek the removal of the provision from the District Plan or purchase the land. CHAPTER 5: Other Non-Regulatory Incentives § There is a range of non-regulatory protection measures that Kapiti Coast District Council could implement including: assisting in the provision of land management plans, granting subdivision rights, providing for transferable development rights, giving rates relief, provision of funds and services, land acquisition policy, and establishing an education and environmental awards campaign. § Compliance with conditions of land management plans could be linked to the provision of rates relief or other financial assistance. § Creation of smaller lots in the rural zone can be permitted where a large natural heritage feature is protected. Other heritage protection incentives determined at the time of a subdivision include requiring reserve land instead of cash or obtaining esplanade reserves. Council needs to develop a reserve policy with heritage protection and management as one of its objectives. § Transferable development rights are more complicated than relaxing the subdivision rules as the option above denotes. They provide for the protection of a heritage feature in return for the right to subdivide a lot in another area. This type of incentive requires further research as effects resulting from subdivision or development can be transferred to other sensitive environments. § Council is currently granting rates relief to landowners with a QEII covenant over their land. This can be extended to other protected heritage features. Rates relief may be ineffective on its own as a conservation method if the amount of rates relief is minimal. § The establishment of a heritage fund could assist in providing works such as legal protection, stock proof fencing, weed or pest control or restoration work. It could also assist in meeting the costs of consents or provide monetary contributions for other maintenance programs. A heritage fund could be run in conjunction with the Wellington Regional Council. One ______________________________________________________________________________________________ DISCUSSION DOCUMENT KAPITI COAST DISTRICT COUNCIL 5 Heritage Strategy – Comparison of Regulatory & Non -regulatoryincentivess EXECUTIVE SUMMARY other option is to establish an independent trust fund that could apply as an independent body for funds. § The establishment of an education campaign in conjunction with an award system. This would be carried out alongside the provision of other incentives for heritage protection and management. CHAPTER 6: Comparative Incentives Used by Other Councils § Out of the 22 Council’s surveyed, 63% of them provide grants or subsidies towards the protection and management of heritage features. In fact grants and subsidies are the most popular non-regulatory method employed. § Rates relief and education and information dissemination was the next most popular incentive provided. § Special subdivision rights are employed by a surprisingly high number of Councils surveyed given the complications involved. Out of 22 Councils, 27% of them utilised these incentives in their District Plan. Note that this does not include ‘transferable development rights’ which did not feature strongly in this survey. § Land acquisition, waiving consent fees and public recognition awards were poorly represented. CHAPTER 7: Conclusion This report concludes by summarising the key points of the report and highlighting the most important options for consideration which are: § Buffer areas, including giving increased protection to outstanding landscapes. § Subdivision rights. § Rates relief. § A heritage fund, that amongst other things can assist in contributing towards consent fees. and § An education campaign and environmental award system. The report’s conclusion emphasises that nothing at all has been decided yet and the Council seeks community input before firming up its views on these important issues surrounding heritage management and protection. ______________________________________________________________________________________________ DISCUSSION DOCUMENT KAPITI COAST DISTRICT COUNCIL 6 Heritage Strategy – Comparison of Regulatory & Non -regulatoryincentivess TABLE OF CONTENTS TABLE OF CONTENTS EXECUTIVE SUMMARY 2 1.0 INTRODUCTION 8 1.1 Objective 8 1.2 General 8 1.3 A Definition of Heritage 10 1.4 Why Protect or Preserve The District’s Heritage? 11 PART ONE 14 EXISTING INCENTIVES USED BY KCDC IN HERITAGE PROTECTION 14 2. EXISTING REGULATORY INCENTIVES OF K.C.D.C 15 2.1 Rules, General Zones & Designations 15 2.2 Subdivisional Zones 16 2.3 The District Plan Heritage Register 16 2.4 Rules & Resource