Job No: 85566.0640 6 August 2021 Selwyn District Council C/- Tina Van der Velde Hearings Administrator Via email: [email protected] Attention: Hearings Panel Dear Sir/Madam Proposed Selwyn District Plan (Hearing 2: Part 1 - Introduction and General Provisions) 1. INTRODUCTION I refer to the abovementioned matters set down for hearing commencing Monday 23rd August 2021. The New Zealand Defence Force (NZDF), identified as submitter DP-0448, will not be attending the hearing as it largely supports the recommendations in the Section 42A Report. This Hearing Statement has been prepared on behalf of NZDF and represents their views in relation to Hearing 2 – Part 1 Introduction and General Provisions of the Proposed Selwyn District Plan (Proposed SDP). It would be appreciated if this Hearing Statement could be submitted to the Hearings Panel. If the Hearings Panel consider it useful for NZDF to appear before the panel to explain or answer any questions on the response below, it would be happy to do so. 2. PRELIMINARIES This statement has been prepared by Karen Baverstock. I am a Planner and hold the position of Technical Director - Planning at Tonkin & Taylor Limited. I have a Bachelor of Resource and Environmental Planning (honours) degree from Massey University and am a full member of the New Zealand Planning Institute (MNZPI). I have over 20 years of experience as a planner. My experience to date spans most aspects of planning including strategic planning, plan changes, plan development and section 32 analysis, and the preparation and processing of resource consent applications within Auckland and around New Zealand. I have been engaged by the New Zealand Defence Force (NZDF) to provide expert planning advice in relation to the Proposed Selwyn District Plan (Proposed District Plan). I oversaw the preparation of NZDF’s original submission and further submission on this Plan review. I advise that I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2014 and have complied with it in preparing this statement. I confirm that the issues addressed in this evidence are within my area of expertise and I have not omitted material facts known to me that might alter or detract from my evidence. Tonkin & Taylor Ltd | 105 Carlton Gore Rd, Newmarket, Auckland 1023, New Zealand PO Box 5271, Victoria Street West, Auckland 1142 P +64-9-355 6000 F +64-9-307 0265 E [email protected] 2 3. NZDF’S SUBMISSION NZDF’s submission contains a number of submission points which have been assigned to Hearing 2 relating to ‘Introduction and General Provisions’, being submission points 006, 009 – 011 and FS032. 2.1 Definitions of ‘peak particle velocity’ and ‘temporary military training activities’ Two of these submission points related to definitions contained in the National Planning Standards: the definition of ‘peak particle velocity’ (009) and ‘temporary military training activities’ (011). NZDF submitted in support of these definitions. District plans must use the definitions set out in the planning standards; there is no discretion for Council to choose whether to apply the definition. NZDF therefore supports the inclusion of these definitions consistent with the National Planning Standards. 2.2 Definition of ‘reverse sensitivity’ NZDF submitted in support of the definition of ‘reverse sensitivity’1 with suggested amendments to the wording of the definition to recognise that there can be existing lawful activities which are not otherwise provided for through a consent or designation, or established as a permitted activity. This is in reference to activities, for example, with existing use rights or otherwise lawfully established including as a permitted activity at the time. This is appropriately addressed through the proposed amendment in the Section 42A report shown as underlined text below, although some minor editing changes to this definition are recommended to improve wording clarity. These changes reflect the fact that ‘existing lawfully established activities’ would encompass permitted activities. The suggested changes are shown in shaded and underlined text below: Reverse Sensitivity: The potential for an approved activity (whether by consent or designation), or existing lawfully established existing or permitted activity to be compromised, constrained, or curtailed by the more recent establishment, intensification, or alteration of another activity that may be sensitive to the actual, potential, or perceived adverse environmental effects generated by the approved or existing lawfully established existing or permitted activity. 2.3 Definition of infrastructure NZDF’s remaining submission point allocated to this hearing topic relates to the definition of infrastructure (006). As set out in its submission, the NZDF is a significant stakeholder in the Selwyn District, with the Burnham Military Camp, West Melton Rifle Range, Weedons Depot and Communications Site, and the Glentunnel Ammunitions Depot all located within the District. These facilities comprise regionally and nationally significant Defence infrastructure that is essential to national security and Defence operations both in the South Island and New Zealand more broadly. This is recognised in the Canterbury Regional Policy Statement 2013 (updated July 2021) which includes ‘Defence facilities, including Burnham Military Camp and West Melton Military Training Area’ in the definition of Strategic Infrastructure, with Strategic Infrastructure then also incorporated into the definition of Regionally Significant Infrastructure. The RPS contains a suite of objectives and policies which recognise the importance of regionally significant infrastructure to a community’s economic wellbeing, social wellbeing, health and safety, and seek to avoid or mitigate reverse sensitivity effects on this infrastructure. 1 DPR-0448 Submission 010 and FS032. Tonkin & Taylor Ltd 6 August 2021 Proposed Selwyn District Plan (Hearing 2: Part 1 - Introduction and General Provisions) Job No: 85566.0640 Selwyn District Council 3 The Proposed SDP is required to give effect to the Canterbury RPS. This is achieved through policies, objectives and rules relating to ‘Important infrastructure’, the definition of which includes ‘New Zealand Defence Force facilities’2. NZDF requests that its facilities are also included in the definition of ‘Infrastructure’. While this definition currently references back to the definition contained in the Resource Management Act 1991, it is not included in the National Planning Standards and there is nothing that precludes additions or modifications to this definition3. This addition is requested for clarity purposes, and is considered particularly important in terms of the hyperlinked definition of infrastructure (shown as blue underlined) in the terms ‘Regionally Significant Infrastructure’ and ‘Strategic Infrastructure’ throughout the Proposed SDP, which does not include Defence facilities (although should by reference back to the Canterbury RPS). As an alternative, the current hyperlinks in these definitions should be amended (corrected) to refer to the definitions in the Canterbury RPS as intended (as opposed to the RMA definition). 4. CONCLUDING STATEMENT Thank you for your time and acknowledgement of the issues raised in NZDF’s submission. Please do not hesitate to contact the writer on 021 966 140 should you wish to clarify any matters addressed herein. Yours faithfully Karen Baverstock Technical Director – Planning 6-Aug-21 t:\wellington\tt projects\85566\85566.0640 - selwyn dp review\issueddocuments\selwyn dp review\06.08.21 hearing statement - karen baverstock, planning (for nzdf).docx 2 NZDF has submitted in support of these provisions and the definition of Important Infrastructure. These topics are addressed at a later hearing. 3 E.g. refer Auckland Unitary Plan definition: ‘Infrastructure has the same meaning as in section 2 of the RMA 1991 and also means:…national defence facilities’. Tonkin & Taylor Ltd 6 August 2021 Proposed Selwyn District Plan (Hearing 2: Part 1 - Introduction and General Provisions) Job No: 85566.0640 Selwyn District Council.