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Wednesday, 4 December 2024
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Hastings
District Council: District Planning and Bylaws Subcommittee Meeting
Te Rārangi Take
Report to District Planning and Bylaws Subcommittee
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Nā:
From:
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Junior Tuakana,
Environmental Planner (Policy)
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Te Take:
Subject:
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Proposed Plan Change
from Hawke's Bay Regional Council to enable flood protection improvements
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1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report
is to inform the subcommittee of a proposed plan change by Hawke’s Bay
Regional Council (HBRC).
1.2 Early in 2024 HBRC
commissioned the Hawke’s Bay Independent Flood Review which looked at the
impacts of Cyclone Gabrielle on the community. The findings were released in
July 2024 which highlighted that many of the existing stop banks may require upgrade
and new flood protection measures may be required. As such, HBRC expects a
large future programme of works to improve the level of flood protection
provided to the community.
1.3 Under the current District
Plan, flood control and drainage works are generally permitted or exempt from
the rules, apart from the earthworks chapter, where there is permitted activity
rule EM4, but earthworks need to comply with the permitted activity rule
performance standards (e.g. earthworks volume limits). Due to this, HBRC is
likely to require numerous earthworks consents for flood protection works.
1.4 HBRC has considered planning
options to enable the upgrades in a more efficient way including a plan change,
global earthworks consent and designation. A meeting between HDC and HBRC staff
was undertaken where all agreed that the plan change to the earthworks chapter
was the best planning pathway. This would retain permitted activity rule EM4,
but exempt flood control and drainage works undertaken by HBRC from needing to
comply with the performance standards.
1.5 HBRC has been consulting
with interested groups such as the New Zealand Transport Agency Waka Kotahi
(NZTA), KiwiRail, Transpower, the Regional Recovery Authority, Maungaharuru
Tangitū Trust, Ngāti Kahungungu Iwi Incorporated (NKII), Mana Ahuriri
Trust, Te Taiwhenua o Heretaunga (TTOH), Tamatea Pōkai Whenua (TPW) and
Ngāti Hineuru Iwi Trust. HBRC are looking to set up a hui with Mana
Ahuriri. To date, HBRC has not received feedback from NKII, TTOH or TPW while
Ngāti Hineuru Trust has advised that they do not wish to provide comment. Engagement
is continuing.
1.6 The public will be able to
submit to the plan change once HDC receives then notifies HBRC’s proposed
plan change.
1.7 The Heretaunga Takoto Noa
Maori Standing Committee were informed of HBRC’s proposed plan change at
its meeting on the 20th of November 2024.
1.8 Thomas Petrie (HBRC) is the
project lead, with Alex Gifford from AGP Consulting and Ellen Atkins (HBRC)
part of the project team.
1.9 Scheduled meetings have been
set between HDC and HBRC to update the applications progress prior to
lodgement. Currently the proposal is nearing the final stage of being in draft
form.
1.10 My role in this project is to process
the plan change once all information is received.
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2.0 Recommendations -
Ngā Tūtohunga
That the District
Planning and Bylaws Subcommittee receive the report titled Proposed Plan
Change from Hawke's Bay Regional Council to enable flood protection
improvements dated 4 December 2024.
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Attachments:
There are no attachments for this report.
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Wednesday, 4 December 2024
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Hastings
District Council: District Planning and Bylaws Subcommittee Meeting
Te Rārangi Take
Report to District Planning and Bylaws Subcommittee
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Nā:
From:
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Tiffany Gray, Senior Environmental
Planner - Policy
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Te Take:
Subject:
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State of the Environment
Report
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1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report
is to inform the subcommittee about work commencing for the next State of the
Environment (SOE) Report, and to seek feedback on indicators/information to
include in the report.
1.2 Council published its last
SOE Report in 2020 which covered the period from 2015 – 2019. Council now
needs to complete reporting for the 2020 – 2024 period as per legislative
requirements.
1.3 Section 35 of the Resource Management
Act 1991 (RMA) specifies the duty to gather information, monitor and keep
records. In particular, section 35(2)(a) requires every local authority to
monitor 'the state of the whole or any part of the environment of its region or
district to the extent that is appropriate to enable the local authority to
effectively carry out its functions under this Act...'
1.4 Environment has a broad
meaning under the RMA. It includes ecosystems (including people and
communities), all natural and physical resources, amenity values, and social,
economic, aesthetic and cultural conditions that affect these.
1.5 Section 35 also includes
monitoring of:
- the
suitability and effectiveness of policy statements and plans
- the
exercise of any functions, powers or duties delegated or transferred by the
local authority
- compliance
with resource consent conditions.
1.6 Under section
35(2A) local authorities are required to prepare a report at least every
five years on the results of their monitoring under section
35(2)(b) for policy and plan efficiency and effectiveness. This may be in
the form of an integrated policy/plan and state of the environment report.
1.7 The Local Government Act
(LGA) also requires monitoring. Under the Local Government Act, local
authorities must prepare Long Term Plans. To demonstrate that Long Term
Plan requirements have been effectively achieved, it is useful to monitor and
report in a similar way to the monitoring requirements of the Resource
Management Act.
1.8 Previous SOE reports explicitly
seek to integrate overlapping monitoring functions in the Local Government Act
2002 (LGA) to monitor and report on progress towards achieving the stated
community outcomes for the district (including ‘environmental’
outcomes) as detailed in the Long Term Plan Council Community Plan (LTCCP) for
Hastings District.
1.9 The last SOE report is
attached for your reference.
1.10 Councils’ SOE report includes
setting the context for the district which includes an overview of the land
within the district, population numbers, projections and ethnic composition,
and information about the economy. The reports also introduce commonly held
environmental values and customary mana whenua values as they relate to the
environment.
1.11 The second part of the report describes
the state of the district’s environment. This begins with a table
providing an executive summary of the state of the district’s environment
for each of the five report sections: Sustainable Land Use; Amenity, Character
& Heritage Management; Sustainable Infrastructure; Hazard Management; and
Sustainable Waste Management.
1.12 Each section has a summary table which
provides a quick glance at the indicators for that topic and a summary of the
indicators over the reporting period.
1.13 There are a total of 61 indicators
within the SOE report for the last reporting period, these are shown in the
table below.
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Section
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Indicator
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Sustainable Land use
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LU1 Land use classes
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LU2 Land Use zones
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SD1 Building consents for new
dwellings
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SD2 Infill subdivision
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SD3 Plan change requests for
rezoning from urban to rural
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VS1 Versatile soils in the district
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VS2 New dwellings in
rural/plains production zones
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VS3 Subdivision in rural/plains production zones
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VS4 Farm Park subdivision in the
rural zone
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VS5 Rezoning of Rural/Plains production zone land
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VS6 Types of landuse consents
applied for in the plains production zone
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Amenity, Character & Heritage Management
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A1 Non-residential activities in residential zones
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A2 Complaints about
non-residential activities in residential zones
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A3 Background noise levels
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A4 Noise complaints
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A5 Residents perception of noise pollution
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A6 Residents perception of the
district as a safe place to live
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A7 Provision of open space areas
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A8 Residents satisfaction with
accessibility of recreational facilities
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A9 Residents satisfaction with accessibility of
recreational facilities
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A10 Residents rating of quality
of life
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A11 Residents rating of sense of pride in the way their
city looks and feels
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CA1 Subdivision and development
in the coastal residential zone
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CA2 Demand for new coastal residential areas
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NC1 Subdivision and development
in Significant Landscape Character Areas or Outstanding Natural Features /
Landscapes
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NC2 Building activity within Significant Landscape
Character Areas or Outstanding Natural Features / Landscapes areas
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NC3 Resource consents relating
to areas of significant indigenous vegetation and significant habitats of
indigenous fauna
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NC4 Significant indigenous vegetation and significant
habitats of indigenous fauna
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H1 Residents perception of
public art and cultural opportunities
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H2 Council spending on heritage and culture
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H3 Consents to modify/destroy
heritage items & wahi taonga
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H4 Archaeological sites and authorities to modify/destroy
archaeological sites
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Sustainable infrastructure
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T8 Residents satisfaction with
roads
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T9 Residents satisfaction with cycling facilities
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T10 Residents feelings of safety
for pedestrians and cyclists
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WS1 Consented water takes held by HDC for water supply
purposes
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WS2 Domestic water consumption
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WS3 Commercial and industrial water consumption
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WS4 Public health water quality
grading
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WS5 Compliance with drinking water standards
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WS6 Residents rating of water
quality
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WW1 Consented wastewater discharges held by HDC
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WW2 Compliance with conditions
for wastewater discharges
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WW3 Volume of wastewater produced
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WW4 Residents satisfaction with
sewerage system
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TW1 Amount of trade waste discharges through the separated
trade waste conveyance system
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TW2 Number of industries
connected to the separated trade waste conveyance system
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TW3 Number of reported incidents of non-complying
discharges of trade waste
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Hazard Management
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NH1 Natural hazard events
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NH2 Area of land identified as Natural Hazards
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NH3 Number of consents for subdivision/land
development within Natural Hazard Areas
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NH4 Monitoring and reporting on building consents granted
within Natural Hazard Areas
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HS1 Number of consents applying
the hazardous facility screening procedure
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HS2 Number of reported incidents and callouts to hazardous
substances spills
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Sustainable Waste Management
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SW1 Environment performance of
Ōmarunui Landfill
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SW2 Volume of solid waste disposed
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SW3 Composition of solid waste
disposed to landfill
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SW4 Fly-tipping incidents in the district
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SW5 Volume of recycling
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SW6 Residents satisfaction with provision of recycling
facilities
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HW1 Volume of hazardous waste
disposed
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1.14 This report was taken to the Heretaunga
Takoto Noa Māori Standing Committee on the 20th of November.
The report was received but the Committee requested a workshop to be in a
better position to provide feedback.
1.15 However, as you can see from the
indicators and description above Councils’ current SOE reporting
framework is already comprehensive, but it is important to remain flexible and
responsive to emerging trends and issues. This is why officers are seeking
feedback from the Subcommittee about new information or indicators to include.
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2.0 Recommendations -
Ngā Tūtohunga
A) That the District
Planning and Bylaws Subcommittee receive
the report titled State of the Environment Report dated 4 December 2024.
B) That the Subcommittee
provide recommendations for indicators/information to be included in the next
State of the Environment report.
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Attachments:
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1⇨
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State of the Environment Report Ko te Pūrongo tō
te Taiaio 2015-2019
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ENV-20-21-73
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Under Separate Cover
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Wednesday, 4 December 2024
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Te
Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings
District Council: District Planning and Bylaws Subcommittee Meeting
Te
Rārangi Take
Report to District Planning and Bylaws Subcommittee
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Nā:
From:
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Rowan Wallis,
Environmental Policy Manager
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Te Take:
Subject:
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Plan Review Priorities
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1.0 Executive Summary – Te Kaupapa Me Te
Whakarāpopototanga
1.1 //hdcfp1/data/Infocouncil/Templates/report_guidance.pdfEarlier
this year the District Planning and Bylaws Subcommittee (“DP&B
Subcommittee”) considered the workstream priorities for the
environmental policy team. While some of these priorities are because of
central government direction such as formatting the district plan into the new
National Planning Standards framework, a number of the higher priorities were
for work that is required as part of the rolling review of the district plan.
1.2 The
DP&B Subcommittee established that the review
of the Wāhi Taonga and Outstanding Landscapes sections of the district
plan, should be the priority for the rolling review of the district plan, with
the review of the Commercial section being the third priority.
1.3
However, a paper was also taken to the last DP&B Subcommittee meeting, on
31 July 2024, pointing out that the Commercial strategy has reached the end of
its lifespan and requires a review especially in light of the projects that are
underway in the different parts of the commercial environment in the district.
This includes a review of the Havelock North commercial environment, the
development proposals for Flaxmere and the inner-city revitalisation project.
These projects all demand a clear strategic direction.
1.4 All
three of these review projects require specialist input which cannot be
provided in house. The cost of undertaking this work will be significant and
most importantly with tight fiscal controls this level of expenditure has not
been factored into the District Plan Review Budget. The two areas of the plan
under most pressure are the wāhi taonga and commercial sections and these
should be given priority for the review process.
1.5 These
matters were discussed at the last DP&B Review Subcommittee Meeting on 9th
October where it was resolved that the guidance of the Heretaunga Takoto Noa
Committee should be sought on whether the recommended amendment to the district
plan priorities were appropriate.
1.6 The
Heretaunga Takoto Noa Māori Standing Committee discussed the priorities
and agreed that the identification of sites of significance by hapū for
the Wāhi Taonga review would inform the Outstanding Landscapes review.
While it was acknowledged that the Wāhi Taonga review is hapū led,
there was a point of discussion around encouraging hapū to consider the
Kahurānaki and Kohinurākau landscapes due to their relationship with
Te Mata. It was agreed that this could be raised through the engagement process
with hapū on the wāhi taonga review. The Engagement Plan is currently
being drafted by Tamatea Pokai Whenua and it will be taken to the first
Heretaunga Takoto Noa Committee Meeting in the new year.
1.7 The
Heretaunga Takoto Noa Māori Standing Committee resolved to endorse the
amended priorities.
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2.0 Recommendations - Ngā Tūtohunga
A) That
the District Planning & Bylaws Subcommittee receive the report titled
Plan Review Priorities dated 4 December 2024.
B) Following
the support of the Heretaunga Takoto Noa Māori Standing Committee, the
District Planning and Bylaws Subcommittee adopt the wāhi taonga and
commercial strategy reviews as the principal priorities for the rolling
review of the district plan.
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3.0 Background – Te Horopaki
3.1 The
Council is required under the Resource Management Act to review its district
plan within 10 years of the plan becoming operative. It has the option of doing
this as a one-off review where all of the sections of the plan are reviewed at
the one time, or alternatively, it can choose to do sections of the plan at a
time and spread the workload over a number of years. The Council has resolved
that the district plan review should be undertaken by means of a rolling
review.
3.2 The
district plan was made operative for the most part in March 2020, so this means
that the reviewed district plan should be notified by March 2030. The
workstream of the Environmental Policy Team reflects the rolling review process
and the latest workstream was endorsed by the subcommittee at its meeting on 29
May 2024. This meeting identified the following priorities for the review
process:
· Wāhi
Taonga section of the district plan (principally the identification of new
sites for registration).
· the
Outstanding Landscapes section; and
· the
Commercial section.
These priorities were settled on for
the reasons set out below.
3.3 At
the last review of the district plan, hapū were approached to nominate
wāhi taonga sites for inclusion into the district plan. The only response
received was from Maungaharuru Tangitu Trust who at the time, had recently
completed the hearing process of their treaty claim and as a result had
gathered a large amount of evidence of their whakapapa and sites of
significance in their rohe. Since that time, the importance of having sites
listed in the district plan has become more evident to hapū as one of the
best means of providing protection of the sites from development pressures and
to highlight the importance of the cultural values of many of the landscapes
within the region.
3.4 Cyclone
Gabrielle further highlighted the vulnerability of many of the sites and the
need to have them listed in the plan so that they are identified and protected
should further damage occur.
3.5 The
review of the Outstanding Landscapes section of the plan was included as a
priority following the completion of Plan Change 4 which resulted from a need
to better recognise the cultural values of Te Mata following the Craggy Range
track construction. The point was made that the remaining outstanding cultural
landscapes would benefit from a review to consider whether additional
recognition or protection mechanisms need to be included in the district
plan.
3.6 The
Commercial environment is experiencing considerable change and pressures that
require it to respond differently and adapt to that new environment. These
pressures apply not only to the Hastings Central Business area but also to the
Flaxmere and Havelock North commercial areas where increasing residential
development is driving additional demand. These considerations make the
review of this section of the district plan
important.
4.0 Discussion – Te Matapakitanga
4.1 At
the last DP&B Subcommittee meeting on 31 July 2024, the subcommittee
endorsed the drafting of a scoping report for the development of a new
commercial strategy to inform the future of commercial land use
activity.
4.2 This
was approved on the basis that while the last Business Capacity Assessment
(2022) concluded that there is no need to provide for additional commercially
zoned land in the short term, it did recommend that specific strategies should
be implemented to ensure our commercial land operates and is developed in an
efficient manner, and to ensure that additional demand can be contained within
existing footprints where possible.
4.3 There
are also a number of matters which have raised some specific questions for
Council around the future of our commercial land, in particular:
· The
future development of the Havelock North Town Centre, raised through a
submission on the Long Term Plan. Council has committed to a review of the
Havelock North Town Centre through this process .
· How
the continued development of Flaxmere Town Centre should fit into future
Commercial Strategies?
· The
efficiency of the Light Industrial land, particularly at Stortford Lodge.
· Inner
city living and the options around utilising our centres for intensification.
· Are
there additional requirements for large format retail.
· How
will the commercial strategy review interact with The Hastings City Centre
Strategy (implementation of street upgrades, green initiatives and enlivenment
projects etc)?
4.4 As
such a new commercial strategy is necessary to understand and direct this
future commercial activity, to inform the business land demand assessment
(which is due to be reviewed in 2025) and to ensure that the District Plan is
fit for purpose and provides for the projected demand for business land.
4.5 While
the three priorities of the wāhi taonga, outstanding landscapes and
commercial strategy have been established the financial implications of
committing to all of these reviews has not been taken into account.
4.6 The
district plan has an approved budget of 150k per financial year. The costs
associated with each of the prioritised areas are estimated as follows;
· Wāhi taonga
70k per year over two years
· Commercial
Strategy 80k
· Outstanding
Landscapes (Kohinerākau and Kahuranaki) 130k includes cultural assessment
report and landscape review.
4.7 It
is evident that within this financial year we will be unable to fund all three
of these prioritised areas. The subcommittee’s guidance is required on
what should be included in the work plan over the next twelve months.
4.8 From
a policy planning perspective there is an element of connection between the
Wāhi Taonga review and the Outstanding Landscapes, with the identification
of wāhi taonga sites informing the cultural landscape. This would also
give an inherent element of protection to those outstanding landscapes with the
identification of sites triggering approvals from hapū and clearly
identifying the landscape as one of cultural significance. As a result, it is
suggested that the wāhi taonga review could be a useful preliminary phase
of the wider outstanding landscapes review and allow this to be Stage 2
with commencement delayed until further funding is available in the 2025/26
financial year. It would be particularly useful if the identification of sites
around the prioritised outstanding landscapes of Kahurānaki and
Kohinerākau was to occur.
4.9 Advancing
the Commercial Strategy is a strategically important tranche of work to guide
the projects that are currently underway in a number of areas of the commercial
environment. This includes consideration of a review of the policy and
rule framework for Havelock North commercial area that was submitted as part of
the recent Long Term plan process. At the same time there is considerable work
being undertaken in the Flaxmere commercial centre to respond to new housing
and commercial initiatives. The wider Flaxmere area is a focus of new housing
developments including the Wairatahi development which will result in over 400
new houses on the southeastern edge of Flaxmere. This will provide additional
demand for commercial services in Flaxmere. Lastly Stortford Lodge is
planned as one of the first Local Area Plans which facilitate medium density
housing to be developed.
4.10 The
Commercial Strategy will be crucial in setting the strategic direction for the
projects outlined above and is the first step in planning for the future of the
commercial environments within the district.
5.0 Options – Ngā Kōwhiringa
Option One - Recommended Option -
Te Kōwhiringa Tuatahi – Te Kōwhiringa Tūtohunga
5.1 Adopt
the review of the Wāhi Taonga section and Commercial Strategy as the
priorities for the rolling review.
Advantages
· There
is an expectation among hapū that there will soon be an opportunity to
register their wāhi taonga sites.
· A
number of commercially focussed projects would significantly benefit from the
strategic direction provided by the Commercial Strategy Review.
· The
identification and protection of wāhi taonga sites will assist with the
review of the outstanding landscapes down the track.
Disadvantages
· The
outstanding landscapes review has previously been identified as a priority and
while the number of subdivisions and developments have reduced this could turn
around.
Option Two – Status Quo - Te Kōwhiringa Tuarua – Te
Āhuatanga o nāianei
5.2 Maintaining
the Commercial Strategy, Wāhi Taonga and Outstanding Landscapes as
priorities.
Advantages
· Maintains
momentum of the plan review process
Disadvantages
· The
finances are not available to support the technical reporting required for all
of these priority areas. This runs the risk of partial completion of all
sections.
6.0 Next steps – Te Anga Whakamua
6.1 Should
the subcommittee adopt the recommendations put forward in this paper, the next
steps will be to continue to work with Tamatea Pokai Whenua to advance a call
for registration of wāhi taonga sites among the hapū of the district
and to draft up a Brief on the Scope of Services for the Commercial Strategy
Review.
Attachments:
There are no attachments for this report.
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Summary of
Considerations - He Whakarāpopoto Whakaarohanga
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Fit
with purpose of Local Government - E noho hāngai pū ai ki te
Rangatōpū-ā-Rohe
The Council is required to give effect to the purpose of
local government as set out in section 10 of the Local Government Act 2002.
That purpose is to enable democratic local decision-making and action by (and
on behalf of) communities, and to promote the social, economic, environmental,
and cultural wellbeing of communities in the present and for the future.
Link to the
Council’s Community Outcomes –
Ngā Hononga ki Ngā Putanga ā-Hapori
This proposal promotes the cultural and
economic wellbeing of communities in the present and for the future.
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Māori
Impact Statement -
Te Tauākī Kaupapa Māori
The review of the wāhi taonga
section is an important pathway for hapū to get their wāhi taonga
sites registered and protected in the district plan. It will therefore have a
significant impact on hapū by providing certainty that their sites will
be protected from any development proposals in the vicinity. Tamatea Pokai
Whenua who represent 23 marae and 43 hapū, are willing to collaborate
with Council to progress this work quickly:
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Sustainability
- Te
Toitūtanga
Both of these areas to be reviewed will
provide for the sustainable management of resources, being natural resources
in relation to the cultural sites that sit within the landscape and physical
resources in relation to the commercial environment. The Commercial Strategy
will guide the sustainable development of the commercial environments over
the entire district. :
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Financial
considerations -
Ngā Whakaarohanga Ahumoni
There is a budget for the review of
the district plan but the sections of the plan that have been raised as
priorities all require technical input which cannot be provided in house and
this cost cannot be fully met within the current year’s budget. This
requires the consideration of the staging/reprioritisation of the
projects. :
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Significance
and Engagement -
Te Hiranga me te Tūhonotanga
This decision/report has been assessed under the Council's
Significance and Engagement Policy as being of medium significance.
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Consultation
– internal and/or external - Whakawhiti Whakaaro-ā-roto / ā-waho
Consultation will form an integral part
of the review process for these projects, ultimately resulting in a change to
the district plan which will follow the normal public notification process
under the Resource Management Act:
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Risks
Opportunity: The ability to nominate
sites for inclusion into the district plan is an opportunity that many of the
hapū support and will ensure that the cultural values are protected
against development.
The commercial strategy will also ensure
that any future commercial opportunities have a level of certainty that
allows prospective developers to progress with confidence. This
achieved by providing clear guidance on the hierarchy of the commercial
environment.
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REWARD – Te Utu
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RISK – Te Tūraru
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Certainty for the prospective developers in the
commercial environment.
Protected cultural sites to achieve the Treaty of
Waitangi principles.
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Ensuring that private landowners are appropriately
engaged ahead of any plan change to include wāhi taonga sites.
Financial cost of expertise for commercial strategy.
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Rural
Community Board –
Te Poari Tuawhenua-ā-Hapori
Engagement with the Rural Community Board
will be undertaken ahead of the wāhi taonga project commencing as the
majority of the sites will be in rural locations and the rural community will
be directly affected by the identification of the sites, with some possibly
needing to be fenced off. The guidance of the Rural Community Board
will be required on how best to engage with the rural community on this
project.
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