BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL IN THE MATTER of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 AND IN THE MATTER of Topic 081b Rezoning and Precincts (Geographic) AND IN THE MATTER of the submissions and further submissions set out in the Parties and Issues Report STATEMENT OF PRIMARY EVIDENCE OF LARISSA BLAIR CLARKE ON BEHALF OF AUCKLAND COUNCIL TOPIC 081 081b-AUCKLAND COUNCIL-RODNEY- WARKWORTH/SNELLS- PRECINCT WAIMANA POINT (PLANNING) 26 JANUARY 2016 2 TABLE OF CONTENTS 1. SUMMARY .................................................................................................................... 3 PART A: OVERVIEW AND BACKGROUND ......................................................................... 6 2. INTRODUCTION ........................................................................................................... 6 3. CODE OF CONDUCT .................................................................................................... 7 4. SCOPE .......................................................................................................................... 7 5. INTERIM GUIDANCE FROM THE PANEL .................................................................... 8 6. PAUP APPROACH TO PRECINCTS ............................................................................. 8 7. SECTION 32 AND 32AA .............................................................................................. 10 PART B: OVERVIEW OF WAIMANA POINT PRECINCT ................................................... 11 8. CONTEXT.................................................................................................................... 11 9. STATUTORY FRAMEWORK ....................................................................................... 21 10. PAUP FRAMEWORK ............................................................................................... 22 PART C: OVERVIEW OF SUBMISSIONS .......................................................................... 24 11. SUBMISSION THEMES ........................................................................................... 24 12. PROPOSED AMENDMENTS OUTSIDE THE SCOPE OF SUBMISSIONS ............. 27 PART D: ANALYSIS OF SUBMISSIONS ............................................................................ 28 13. PRECINCT ASSESSMENT ...................................................................................... 28 14. ANALYSIS OF PRECINCT PROVISIONS ................................................................ 30 15. CONSEQUENTIAL AMENDMENTS TO OTHER PARTS OF THE PAUP: INDICATIVE ROAD- GOLDSWORTHY BAY ...................................................................... 39 16. CONCLUSIONS ....................................................................................................... 39 ATTACHMENT A: CURRICULUM VITIM L CLARKE .......................................................... 40 ATTACHMENT B: OPERATIVE PLAN MAP 63 .................................................................. 41 ATTACHMENT C: TRACK CHANGES FOR WAIMANA POINT PRECINCT....................... 42 ATTACHMENT D: LOCATION OF INDICATIVE ROAD TO BE REMOVED ........................ 50 081b Ak Cncl – Rodeny - Walkworth/Snells – Precinct - Waimana Point- Planning (L. Clarke) 3 1. SUMMARY 1.1 My name is Larissa Blair Clarke. I am a Planner in the Unitary Plan Team within the ‘Plans and Places’ Division of the Chief Planning Office at Auckland Council. I am providing planning evidence for Auckland Council (Council) in relation to Topic 081 Geographic Rezoning and Precincts, in particular in relation to the Waimana Point Precinct located at the eastern end of Algies Bay in the Mahurangi Peninsular falling within the ‘Walkworth and Snells area’ for the purposes of rezoning. 1.2 My evidence considers both the purpose of the Waimana Point precinct in relation to the PAUP including the zone, Auckland wide and Overlay provisions; and consider submissions received by the Council in relation to the precinct 1.3 I support the retention of the Waimana Point Precinct subject to the amendments to the Precinct from the notified version of the Proposed Auckland Unitary Plan (PAUP) set out in my evidence and represented in track changes at Attachment C. 1.4 The Waimana Point precinct originates from scheduled activity 329 in the Auckland Council Operative District Plan: Rodney Section 2011 (operative plan). The purpose of the precinct as set out in the PAUP as notified is to provide for the future development of the headland to accommodate residential development at a density considered suitable for the locality and not compromise the natural features or landscape values of the Waimana Point headland which is located to the east of Algies Bay. 1.5 This evidence discusses the evolution of the precinct into the PAUP, the changes sought by submitters in relation to the precinct and the amendments proposed by Council both in response to relief sought by submitters and in relation the best practice approach to precincts discussed in the evidence of John Duguid for Topic 080. With respect to those principles: 1.6 The precinct, underlain by the Large Lot zone is subject to the following overlays and mapped information: (a) Site of value Mana Whenua- ID 1656 (as notified and as recommended by Council) (b) Significant Ecological Area (Terrestrial) 2425 (Threat status and rarity) (as notified and as recommended by Council) 081b Ak Cncl – Rodeny - Walkworth/Snells – Precinct - Waimana Point- Planning (L. Clarke) 4 (c) Coastal Storm inundation 1% AEP (Non-statutory as recommended by Council) +1m sea level rise; (d) Flood plain 1 % AEP (non-statutory); (e) Auckland-wide natural hazards: Assessment would be required where slopes exceed 1:7 under H.4.11 ‘Natural hazards’ Auckland wide rules; (f) Macroinvertabrate Community Index (MCI) (non-stat) area to the south of the site, part rural/ part urban land cover base. 1.7 The precinct reflects the development of the planning framework, resulting from community engagement through plan changes to the Operative Plan. It does not override any Overlays; the provisions of the Significant Ecological Areas (SEAs) and the identified Site of Significance to Mana Whenua remain applicable to the precinct. In my view the purpose of the precinct cannot be achieved through the use of the underlying zone and Auckland-wide provisions alone. 1.8 I consider the underlying zone appropriate to apply in addition to the provisions included in the precinct, and therefore the creation of a new zone, or use of a different zone is not supported. 1.9 The structure of the precinct has been refined to include three sub-precincts within which density and subdivision site size are restricted. 1.10 The precinct provides for consideration of landscape matters including both the impacts of development of the prominent headland encompassed within the precinct and the impact of development as viewed from the surrounding areas including Algies Bay, Scandrett Regional Park, the coast and public roads. The main differences between the precinct and the Large Lot zones and Auckland-wide rules are set out in Table 1 below. This is reflected thought through the variation of the development controls in the Large Lot zone and Auckland- Wide subdivision provisions: Main precinct provision Difference from PAUP provisions or group of changes Objectives and policies Require consideration of important landscape and natural character values of the precinct. This differs 081b Ak Cncl – Rodeny - Walkworth/Snells – Precinct - Waimana Point- Planning (L. Clarke) 5 from the more generic consideration in the large Lot and Auckland wide subdivision provisions and is more restrictive in terms of the controls the policy supports. Special Information Additional requirement that all Restricted Discretionary Requirement Activities (RDAs) activities provide a landscape plan. Development Activity table -Buildings Buildings including accessory buildings are all considered as RDA. This is more restrictive than the Large Lot zone and includes additional matters for discretion and assessment criteria. Land use control- density More restrictive than the underlying zone, limitings the total number of dwellings within the precinct and sub- precinct areas. Development Control- More restrictive than the underlying zone, requiring - Yards Requires a greater set back from any boundary with Lot 2 (being the esplanade reserve surrounding the precinct). Development Control- More restrictive than the Large Lot zone, requiring - Height buildings in proximity (within 50m) to the ridgeline be less than 6m in height. Subdivision Activity table -Subdivision Subdivision within the Sub-precinct A and B will be considered as RDA under the precinct provisions. This is generally the same consent ‘status’ as the Auckland wide provisions. The precinct also includes include additional matters for discretion and assessment criteria which reflect the maters set in the policy framework. Sub-precinct C will not provide for further subdivision with a non-complying activity status assigned to subdivision within this area of the precinct. 081b Ak Cncl – Rodeny - Walkworth/Snells – Precinct - Waimana Point- Planning (L. Clarke) 6 Restricted Discretionary More restrictive than the Auckland wide controls, limits Activity Subdivision the number of sites that may be created within each Controls sub-precinct area as a RDA. 1.11 Changes have also been made to the notified precinct provisions