I hereby give notice that an ordinary meeting of the Planning Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 4 March 2021

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Kōmiti Whakarite Mahere / Planning Committee

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Cr Chris Darby

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

Cr Richard Hills

 

Deputy Mayor Cr Bill Cashmore

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

IMSB Member Liane Ngamane

 

Cr Linda Cooper, JP

Cr Greg Sayers

 

Cr Angela Dalton

Cr Desley Simpson, JP

 

Cr Alf Filipaina

Cr Sharon Stewart, QSM

 

Cr Christine Fletcher, QSO

Cr Wayne Walker

 

Mayor Hon Phil Goff, CNZM, JP

Cr John Watson

 

IMSB Member Hon Tau Henare

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Duncan Glasgow

Kaitohutohu Mana Whakahaere /

Governance Advisor

 

1 March 2021

 

Contact Telephone: 09 890 2656

Email: duncan.glasgow@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


 

Terms of Reference

 

Responsibilities

 

This committee guides the physical development and growth of Auckland through a focus on land use, transport and infrastructure strategies and policies relating to planning, growth, housing and the appropriate provision of enabling infrastructure, as well as programmes and strategic projects associated with these activities. The committee will establish an annual work programme outlining key focus areas in line with its key responsibilities, which include:

 

·         relevant regional strategy and policy

·         transportation

·         infrastructure strategy and policy

·         Unitary Plan, including plan changes (but not any wholesale review of the Plan)

·         Resource Management Act and relevant urban planning legislation framework

·         oversight of Council’s involvement in central government strategies, plans or initiatives that impact on Auckland’s future land use and infrastructure

·         Auckland Plan implementation reporting on priorities and performance measures

·         structure plans and spatial plans

·         housing policy and projects

·         city centre and waterfront development

·         regeneration and redevelopment programmes

·         built and cultural heritage, including public art

·         urban design

·         acquisition of property relating to the committee’s responsibilities and in accordance with the LTP

·         working with and receiving advice from the Heritage Advisory Panel, the Rural Advisory Panel and the Auckland City Centre Advisory Board to give visibility to the issues important to the communities they represent and to help effect change.

 

Powers

 

(i)      All powers necessary to perform the committee’s responsibilities, including:

(a)     approval of a submission to an external body

(b)     establishment of working parties or steering groups.

(ii)      The committee has the powers to perform the responsibilities of another committee, where it is necessary to make a decision prior to the next meeting of that other committee.

(iii)     If a policy or project relates primarily to the responsibilities of the Planning Committee, but aspects require additional decisions by the Environment and Climate Change Committee and/or the Parks, Arts, Community and Events Committee, then the Planning Committee has the powers to make associated decisions on behalf of those other committee(s). For the avoidance of doubt, this means that matters do not need to be taken to more than one of those committees for decisions.

(iii)     The committee does not have:

(a)     the power to establish subcommittees

(b)     powers that the Governing Body cannot delegate or has retained to itself (section 2).

 


 

Auckland Plan Values

 

The Auckland Plan 2050 outlines a future that all Aucklanders can aspire to. The values of the Auckland Plan 2050 help us to understand what is important in that future:

 

 


 

Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·           Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·           Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·           Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·           In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·           The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·           However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·           All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·           Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·           Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·           All staff supporting the meeting (administrative, senior management) remain.

·           Other staff who need to because of their role may remain.

 

Local Board members

 

·           Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·           Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 


Planning Committee

04 March 2021

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                              10

8          Auckland Unitary Plan (Operative in Part) - Request to make Plan Change 31 (Additions to Schedule 14 Historic Heritage) operative                                          11

9          Implementing the National Policy Statement for Freshwater Management 2020 25

10        Summary of Planning Committee information items and briefings – 4 March 2021                                                                                                                                       35

11        Consideration of Extraordinary Items

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

 

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

 

3          Confirmation of Minutes

 

That the Planning Committee:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 4 February 2021, as a true and correct record.

 

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

 

 

5          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

 

 

6          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 

7          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Planning Committee

04 March 2021

 

Auckland Unitary Plan (Operative in Part) - Request to make Plan Change 31 (Additions to Schedule 14 Historic Heritage) operative

File No.: CP2021/00831

 

  

Te take mō te pūrongo

Purpose of the report

1.       To make operative Plan Change 31: Additions to Schedule 14 Historic Heritage to the Auckland Unitary Plan (Operative in Part).

Whakarāpopototanga matua

Executive summary

2.       In August 2019 the Planning Committee approved the public notification of a proposed plan change to add historic heritage places to Schedule 14 Historic Heritage Schedule, Statements and Maps of the Auckland Unitary Plan (Operative in Part) (AUP(OP)), known as Plan Change 31 (PLA/2019/80).

3.       Plan Change 31 sought to recognise the values of six significant historic heritage places by adding them to the Historic Heritage Overlay of the AUP(OP), being Schedule 14. Plan Change 31 was notified on 29 August 2019. Submissions were heard on 1 July 2020, and the decision was to add five historic heritage places to Schedule 14.  The decision was also to not proceed with the addition of one historic heritage place.

4.       Decisions on Plan Change 31 were notified on 22 October 2020. No appeals have been received.

5.       The relevant parts of the AUP(OP) can now be amended and made operative in accordance with the hearing commissioners’ decision.

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      approve the proposed amendments to the Auckland Unitary Plan (Operative in Part) under Plan Change 31: Additions to Schedule 14 Historic Heritage being the addition of five historic heritage places as set out in Attachment A to the agenda report

b)      request staff to undertake the steps in Schedule 1 of the Resource Management Act 1991 to make Plan Change 31 operative in the Auckland Unitary Plan (Operative in Part).

Horopaki

Context

6.       Plan Change 31 sought to recognise the values of six significant historic heritage places by identifying them in the AUP(OP) Historic Heritage Overlay, being Schedule 14.

7.       The Planning Committee approved Plan Change 31 for public notification on 19 August 2019 (PLA/2019/80). Schedule 1 of the Resource Management Act 1991 (RMA) sets out the process for a change to a policy statement or plan. Following Schedule 1 of the RMA, Plan Change 31 was:

·        publicly notified on 29 August 2019

·        open for public submissions until 26 September 2019

·        open for further submissions until 24 October 2019

·        heard by independent commissioners on 1 July 2020

·        decision was publicly notified on 22 October 2020.

8.       Independent commissioners were delegated the authority to make decisions by the Regulatory Committee on 18 February 2020 (REG/2020/8).

9.       The commissioners’ decision added five historic heritage places to the Historic Heritage Overlay of the AUP(OP) being Schedule 14. The decision was:

·        addition of the following four places

Colonial Ammunitions Company Bulk Store (former), ID 02839 (26 Normanby Road, Mount Eden) – subject to an amended extent of place

Riverina, ID 02840 (46 Wilson Road, Warkworth) – subject to an amended list of exclusions and extent of place

Remuera Post Office (former), ID 02838 (358-364 Remuera Road, Remuera) – subject to an amended list of exclusions and extent of place

Remuera Primary School gates, ID 02837 (25-33 Dromorne Road, Remuera)

·        addition of the Upland Village Historic Heritage Area, ID 02841 (includes parts of Remuera Road, Minto Road and Upland Road, Remuera

·        to not proceed with the addition of Glenholm (37 Portland Road, Remuera).

10.     The appeal period on the Plan Change 31 decision closed on 4 December 2020. No appeals have been received. Therefore, the relevant parts of the AUP(OP) can now be amended and made operative as set out in the decision dated 5 October 2020 (refer to Attachment A).

Tātaritanga me ngā tohutohu

Analysis and advice

11.     Schedule 1 of the RMA sets out the statutory process for plan changes.

12.     Clause 17(2) states that ‘a local authority may approve part of a policy statement or plan, if all submissions or appeals relating to that part have been disposed of’.  A decision was made on all submissions and no appeals were received. On this basis the plan change can now be approved.

13.     Clause 20 of Schedule 1 sets out the process that is required to be undertaken for the notification of the operative date.  Plans and Places staff will notify the operative date as soon as possible following the Planning Committee’s resolution.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14.     As a procedural step, impacts on climate change are not relevant to the recommendation to approve Plan Change 31.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15.     As a procedural step, there are no council groups impacts associated with the approval of Plan Change 31.

16.     Auckland Transport submitted on the plan change. Minor amendments were recommended by staff to address several of the concerns raised in the submission. Auckland Transport did not appear, or provide tabled evidence, at the hearing. The amendments were accepted by the hearing commissioners.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

17.     As a procedural step, there are no local impacts associated with the approval of this plan change.

18.     The relevant local boards are Ōrākei, Albert-Eden and Rodney. The Ōrākei Local Board provided feedback on Plan Change 31. A representative from the Ōrākei Local Board attended the hearing, and presented the local board’s views in support of Plan Change 31, and in particular the historic heritage places within its area.

Tauākī whakaaweawe Māori

Māori impact statement

19.     As a procedural step, there are no impacts on Māori associated with the approval of this plan change.

20.     All iwi authorities were sent letters when Plan Change 31 was publicly notified. No submissions from iwi authorities were received.

Ngā ritenga ā-pūtea

Financial implications

21.     There are no financial implications arising from this procedural decision. Approving plan changes and amending the AUP(OP) is a statutory requirement and is budgeted expenditure for the Plans and Places Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

22.     There are no risks associated with making the plan change operative.

Ngā koringa ā-muri

Next steps

23.     The final step in making Plan Change 31 operative is to publicly notify the date on which it will become operative, and to the update the AUP(OP).

24.     Plans and Places staff will undertake the actions required under Schedule 1 of the RMA to make Plan Change 31 operative, including the public notice and seal. The update of the AUP(OP) is expected to occur mid-April 2021.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Plan Change 31 amendments to Schedule 14 and GIS viewer maps

15

      

Ngā kaihaina

Signatories

Author

Jo Hart - Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

 


Planning Committee

04 March 2021

 

PDF Creator

 


 

 




PDF Creator

PDF Creator





Planning Committee

04 March 2021

 

Implementing the National Policy Statement for Freshwater Management 2020

File No.: CP2021/00453

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek endorsement of a revised approach to implementing the National Policy Statement for Freshwater Management 2020 (NPS-FM 2020).  It also recommends the establishment of an NPS-FM Working Group, to oversee the implementation of the NPS-FM 2020, along with regular reporting to the Planning Committee.

Whakarāpopototanga matua

Executive summary

2.       This report provides an overview of some of the implications of the new NPS-FM 2020 for the Council’s work programme to implement the NPS-FM.  It outlines how the new and complex requirements of the NPS-FM 2020 and changes in the timeframe required under the Resource Management Act (RMA) both necessitate amendments to the timeframe and form of the work programme that the Council will need to adopt in order to implement the NPS-FM 2020.

3.       It also briefly outlines the statutory and strategic context in which the NPS-FM 2020 sits, including indicating the relationship between that and the Auckland Water Strategy currently under development, and seeks direction in relation to that overlap.

4.       It recommends an amended implementation programme, along with a shift from a series of attribute (e.g. E. coli, nitrogen) focused plan changes, to a single plan change or concurrent plan changes towards the end of 2024, to meet the new statutory requirement to notify plan changes to the Auckland Unitary Plan (AUP) by the end of 2024.

5.       It also recommends the establishment of a working party to oversee the development of responses, coupled with regular reporting to the Planning Committee. 

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      approve the high-level implementation plan outlined in Table 1 as a basis for Auckland Council’s implementation of the National Policy Statement for Freshwater Management 2020

b)      appoint a National Policy Statement for Freshwater Management 2020 Working Group to oversee the development of the Council’s implementation of the National Policy Statement for Freshwater Management 2020, comprising of the Chair and Deputy Chair of the Planning Committee, the Chair and Deputy Chair of the Environment and Climate Change Committee and a representative of the Independent Māori Statutory Board

c)      note that final decisions on the Council’s implementation of the National Policy Statement for Freshwater Management 2020 will be made by the whole of the Planning Committee

d)      request six monthly regular reporting to the Planning Committee, with an additional report in June 2021.

 

Horopaki

Context

History of the NPS-FM

6.       As the committee will be aware, the National Policy Statement for Freshwater Management 2020 (NPS-FM 2020) is a statutory tool developed under the Resource Management Act by central government to provide national direction on the management of freshwater.  It must be given effect to in the Auckland Unitary Plan (AUP).

7.       The NPS-FM is now in its third iteration, with the latest amendment coming into force on 3 September 2020.  This latest version of the NPS-FM (2020) introduces significant new requirements, with consequential implications for the Council’s programme.  This includes that plan change(s) to give effect to the NPS-FM 2020 in the AUP must be notified by 31 December 2024, with final decisions made within two years of notification.

Council’s Progressive Implementation Programme

8.       Prior to the promulgation of NPS-FM 2020, Auckland Council was working towards implementation of the NPS-FM 2014 (as amended in 2017) following a programme of work set out in a progressive implementation programme (PIP). 

9.       This PIP was last amended in November 2018, when the Planning Committee confirmed a revised PIP to reflect changes to the operating context of the previous programme adopted in 2015.  In particular by:

·        introducing plan changes to the Auckland Unitary Plan (AUP) using an attribute group-based approach (as opposed to the previous geographic approach), to allow the spatial scale to be set at either the regional or catchment level.

·        including reference to the Freshwater Management Tool model to enable the development of scenario analysis to assist in the setting of limits or targets.

10.     The current PIP (under the earlier NPS-FM, now superseded by the 2020 version) envisaged a progressive roll out of plan changes by attribute groupings to meet the (then) 2025 timeframe.

Strategic Context

11.     Much is happening both nationally and locally in planning for water, and the NPS-FM 2020 sits in an evolving statutory and strategic context. 

12.     Central government has signaled further work in relation to a number of aspects of the NPS-FM 2020 and the broader Essential Freshwater Package, which may impact on the programme.  Changes are also underway to the legislative context for the delivery of water services through the Water Services Bill which will be relevant to the implementation of NPS-FM 2020.

13.     The government has also announced the repeal of the RMA and its replacement with three separate pieces of legislation.  While this will undoubtedly impact on the NPS-FM 2020 work programme, the expectation is that national direction, such as the NPS, will remain in force, albeit with necessary amendments to reflect a change in the mandating legislation.

14.     It is important to note that in achieving the goals of the NPS-FM (in previous and current iterations) the Council has always recognised that giving effect to the NPS-FM by amending the freshwater provisions in the AUP is only part of the response required.  What happens on the ground through the operational delivery across the Council family is also critical for improved freshwater outcomes, and as such should be identified as contributing to the implementation of the NPS-FM 2020.

 

 

15.     The development of Auckland’s Water Strategy can also provide strategic direction and priorities for the council family to improve management of water in all its forms, and help ensure outcomes are achieved in an integrated way.  As briefly outlined below, one of the more significant changes to the NPS-FM 2020 is the elevation of Te Mana o te Wai and the associated hierarchy of obligations to become matters that must inform all responses.  The Water Strategy could be an opportunity to start to identify how these concepts can be applied in Auckland, to inform the development of other responses.

16.     Nevertheless, the NPS-FM imposes distinct, detailed and mandatory obligations on the Council in relation to the AUP that must be met within prescribed parameters and timeframes.

Tātaritanga me ngā tohutohu

Analysis and advice

NPS-FM 2020

17.     Attached to this agenda is a summary of the key changes in the NPS-FM 2020, as summarised by the Ministry for the Environment (Attachment 1).

18.     The new requirements and revised timeframes in the NPS-FM 2020 and RMA mean the existing PIP is no longer an appropriate or viable approach for giving effect to the NPS-FM for a range of reasons, including:

·        A shortening of the timeframes in which all plan changes must be notified, to the end of 2024.  Previously, the expectation was that all plan changes were to be notified by 2025, but with the option to extend to 2030.  This significantly shortens the time available, and to tie up staff resources in notifications, hearings, appeals etc. throughout the time available would make notifying all changes to the plan by 2024 challenging. 

·        A major expansion in the policy framework of the NPS-FM through a range of new and expanded provisions, including Te Mana o te Wai, the hierarchy of obligations, and the requirement for a long-term vision for each Freshwater Management Unit.  These are to be established with tangata whenua, stakeholders and the community and must demonstrably underpin all responses.  To meaningfully give expression to these policy directions necessitates a good understanding of both the overall environmental outcomes sought, and the potential impact of responses, implying an iterative approach to the development of provisions.

·        The significantly increased expectation of tangata whenua, stakeholders and community input to the development of these, and all other aspects of the programme.  The current PIP anticipated an approach to engagement that does not fit with the detailed and specific engagement requirements in the NPS-FM 2020.

·        An increase in the number and range of ‘attributes’ to address the values of ecosystem health and human contact, all of which must be addressed.  These include some which require the establishment or expansion of monitoring and research programmes, such as sediment in rivers, native plants in lakes and E.coli at primary contact sites.  For some of the attributes in the NPS-FM, reliable monitoring data will not be available until 2023 (although the Council must use the best available information at its disposal).

·        The requirement to prepare Action Plans for some attributes.

·        Coupled with the new Freshwater National Environmental Standards and regulations developed under section 360 of the RMA, significant new requirements in relation to rivers and wetlands, farm planning and stock exclusion.

·        Requirements to develop an approach to the Pukekohe Vegetable Growing Area that addresses both critical food supply and water quality/quantity issues.

Freshwater Planning Process and Chief Freshwater Commissioner

19.     In July 2020, amendments were made to the RMA to “require all freshwater planning instruments prepared by a regional council to undergo the freshwater planning process”.  “Freshwater planning instruments” are Regional Policy Statement and Regional Plan provisions developed in relation to freshwater, including those which give effect to the requirements of the NPS-FM 2020

20.     The “freshwater planning process” is one whereby a freshwater hearings panel must be convened by the “Chief Freshwater Commissioner” to conduct public hearings of submissions to notified freshwater planning provisions following a process similar to that established for the Independent Hearing Panel (IHP) to consider submissions to the proposed Auckland Unitary Plan (PAUP). 

21.     Significantly, the RMA now requires that all provisions developed to give effect to the NPS-FM 2020 are notified no later than 31 December 2024.

22.     A Chief Freshwater Commissioner and a deputy Chief Freshwater Commissioner have been appointed by the government.  The Chief Freshwater Commissioner is retired Environment Court judge and honorary professor at Lincoln University, Professor Peter Skelton.  Prof Skelton was also a commissioner and councillor at Environment Canterbury.  His tenure as Chief Freshwater Commissioner runs until January 2022.

23.     As well as appointing freshwater panels, the Chief Freshwater Commissioner is tasked with overseeing the work of the 16 regional councils and unitary authorities with statutory responsibility to manage the nation’s freshwater resources.  To this end, Professor Skelton has started a tour of councils, meeting staff and elected officials to discuss implementation of the NPS-FM 2020.  At the time of writing, no date has been agreed for his visit to Auckland.

National Collaboration

24.     The complex and comprehensive requirements of the NPS-FM 2020 are currently being considered by all regional councils around the country, and there is a general recognition that opportunities for increased collaboration and consistency in responses should be maximised. 

25.     While different regional councils are at different stages in their implementation of earlier iterations of the NPS-FM (i.e. 2014 and 2017 versions), there is a consensus amongst council staff nationally that giving effect to the NPS-FM 2020 will likely take the full four years available under the RMA. 

26.     This is considered to be the case in Auckland to help ensure that responses are integrated and can be considered by decision-makers in a comprehensive, holistic and timely way.  It also represents a more efficient use of the resources available to the council to prepare the plan changes.

27.     To this end, there are a number of initiatives underway across the country to develop tools and approaches that can support councils in their implementation of the NPS-FM 2020.  Where possible and appropriate, this could lead to improved consistency and more efficient processes.

28.     One of the collaborative approaches agreed by regional councils to date has been the adoption of a set of ‘milestones’ by which progress to implement the NPS-FM 2020 can be measured.  This is particularly useful and appropriate in light of the fact that there are unlikely to be significant numbers of councils notifying plan changes prior to 2024, meaning the ability to track overall progress on the implementation of the NPS-FM 2020 would otherwise be limited. 

 

 

29.     The proposed milestones identify critical points that are relevant to all councils implementing the NPS-FM2020 and thus will enable national benchmarking and reporting.  For example, draft Milestone 1 “approach agreed with tangata whenua and Te Mana o te Wai approaches confirmed for the region” represents foundational work that must have occurred before a programme can be advanced.  The degree to which this and other milestones have been met will be an accurate and useful indicator of how well the NPS is being implemented nationally.

30.     At the time of writing, these milestones have not been finalised, and they will be incorporated into the programme planning/reporting for the Auckland Council’s NPS-FM2020 once they are. 

Proposed Implementation Programme

31.     Table 1 outlines a high-level programme to implement the NPS-FM in the required timeframes.  Under this programme, the Council would notify a plan change (or, potentially several plan changes) towards the end of 2024. 

Table 1 – Proposed NPS-FM 2020 Implementation Programme 2021-2028

32.     The implementation planning has been broken down into several broad areas of work, and more detailed work programmes will be developed as planning progresses.  The intensity of colour in the arrows is an indication of the anticipated intensity of work.  For the technical and mana whenua engagement workstreams, the intensity of work is not indicated because detailed planning in these areas still needs to happen, and because these are both anticipated to be intense through the whole process. 

33.     The nationally agreed ‘milestones’ will be indicated in the diagram once they have been finalised and the work programming has been progressed in more detail.

34.     In summary, this work programme anticipates significant levels of engagement this year and next, ramping up later this year.  Staff intend to bring a revised engagement plan to the proposed NPS-FM Working Group for endorsement in March.  By the beginning of next year, work can begin on framing up what might be appropriate Auckland Unitary Plan responses for some issues. For other issues, progressing to this point will take longer.  Technical work will be ongoing throughout the programme.

Political Reporting

35.     Previously, aspects of the NPS-FM work programme have been reported to both the Planning Committee and the Environment and Community Committee, primarily through a working group tasked with overseeing the development of responses.

36.     It is anticipated that the workload for the Planning Committee will increase significantly in relation to NPS-FM 2020 as it will be called upon frequently to make decisions as the council engages with key stakeholders and the community in developing and providing feedback to responses.  For this reason, staff recommend that a working group is re-established on behalf of the Planning Committee.  The purpose of the NPS-FM Working Group would be to:

·        guide the development of the policy direction of the change (or concurrent changes) to the Auckland Unitary Plan

·        make interim decisions in order to solve problems/issues as these arise in developing the change (or concurrent changes) to the Auckland Unitary Plan.

37.     Staff recommend reporting to this NPS-FM Working Group on an as-needed basis, as issues are identified and progressed, combined with regular reporting to the Planning Committee for formal decision making.

38.     Provisionally, staff suggest this could be a six-monthly report to the Planning Committee, with a further report to the Planning Committee in June this year outlining the work programme in more detail and reporting progress. 

Tauākī whakaaweawe āhuarangi

Climate impact statement

39.     Climate change and the management of water are inextricably linked.  Existing issues with water, whether that is drought, flooding, water supply, water quality or ecosystem health are likely to be exacerbated by the effects of climate change.  The NPS-FM 2020 also requires that responses have regard to the foreseeable impacts of climate change.

40.     Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan and associated work will be relevant considerations to which regard shall be had in the development of responses.

41.     Additionally, ongoing central government work around climate change will likely impact on the management of water, with consequent implications for NPS-FM 2020 work. 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

42.     The proposed timeframe and refreshed work programme have been discussed with a staff Project Control Team (PCT), which includes representation across the Council family (including Plans and Places, Healthy Waters, Watercare, Auckland Transport and Regulatory Services).  The PCT supports this proposed approach.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

43.     Local Boards have not been consulted in relation to this agenda item.  However, a programme for ongoing engagement with local boards will be developed and finalised with them and their advisers.

Tauākī whakaaweawe Māori

Māori impact statement

44.     Water management is of significant interest to Māori and the NPS-FM 2020 anticipates Māori having active involvement in the development, content and delivery of all responses, at all levels (i.e. region-wide to rohe specific issues), should they so wish. 

45.     Staff have previously engaged with Māori on the planning for NPS-FM through the Cultural Values Assessment hui, originally established in 2014 to provide input to the development of Unitary Plan provisions.  The mandate of this group expanded post-notification of the Auckland Unitary Plan to cover a wider range of issues, including water.  Some preliminary guidance was received in relation to earlier iterations of the NPS-FM, emphasising the importance of water to Māori, and the close relationship of Mana Whenua to water within their rohe.  However, staff have not brought any water planning issues to that group for some time.

46.     Staff will be contacting Mana Whenua entities individually to see if and how they would like to engage. 

47.     Noting the objective in the Tāmaki Makaurau Mana Whenua Forum’s Ten-year Strategic Plan that “The mauri o te taiao, mauri o te wai and oranga o te hau is improved and enhanced”, staff have also sought guidance from the Forum as to what role, if any, it would like to play in the NPS-FM work.  This is in the context of ongoing discussions to potentially agree a more strategic approach to partnering with Mana Whenua around water issues and across water related projects, including the Water Strategy and the NPS-FM

48.     Further engagement planning is required to ensure Mataawaka are given the opportunity to engage appropriately, recognising that they may have commitments to tiaki wai even if out of their own rohe, and in relation to their own needs and uses.

49.     Therefore, the programme of engagement with mana whenua and mataawaka is still being developed and will be confirmed once iwi and the forum provide advice and direction.

Ngā ritenga ā-pūtea

Financial implications

50.     Work on implementing the NPS-FM 2020 is budgeted for in the current Annual Plan for FY21.  However, additional resources to meet the complex and specific requirements of the NPS-FM 2020 will be required in FY22 – 28.  This additional resource is currently provided for in the draft Long-term Plan.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

51.     The Council’s current programme for implementing the NPS-FM is no longer adequate, given the significant changes and shortened timeframes set out in the NPS-FM 2020 and the RMA.  The Council is legislatively required to implement the NPS-FM 2020 by the end of 2024.  Failure to do so presents both legal and reputational risk to the Council.

Ngā koringa ā-muri

Next steps

52.     If the broad programme presented here is approved by the Committee, a working group of appropriate members, and a regular reporting cycle to the Planning Committee will be established.

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of Key Provisions of NPS-FM 2020

33

     

Ngā kaihaina

Signatories

Author

Jenny Fuller - Team Leader Planning

Authorisers

John Duguid - General Manager - Plans and Places

Megan Tyler - Chief of Strategy

 


Planning Committee

04 March 2021

 

PDF Creator


Planning Committee

04 March 2021

 

Summary of Planning Committee information items and briefings – 4 March 2021

File No.: CP2021/01025

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a summary and provide a public record of memos or briefing papers that have been held or been distributed to committee members.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of information circulated to committee members via memo/briefing or other means, where no decisions are required.

3.       The following workshops have taken place:

Date

Workshops

3/2/2021

CONFIDENTIAL: ATAP and RLTP Update (no attachment)

17/2/2021

National Policy Statement Urban Development – Definitions

4.       The following memoranda and information items have been sent:

Date

Memoranda, Correspondence, Information Item

10/2/2021

Supporting Growth Programme – New train station locations for Drury and Paerata

25/2/2021

Reforming the Resource Management System: Update

26/2/2021

Correspondence to Hon. David Parker, Minster for the Environment, regarding highly productive land in Auckland

01/2021

Auckland Monthly Housing Update – January 2021

02/2021

Auckland Monthly Housing Update – February 2021

 

5.       These documents can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top left of the page, select meeting/Te hui “Planning Committee” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

6.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Planning Committee members should direct any questions to the authors.

 

 

 

Ngā tūtohunga

Recommendation/s

That the Planning Committee:

a)      receive the Summary of Planning Committee information items and briefings – 4 March 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Workshop Notes: National Policy Statement Urban Development – Definitions (Under Separate Cover)

 

b

Supporting Growth Programme – New train station locations for Drury and Paerata (Under Separate Cover)

 

c

Reforming the Resource Management System: Update (Under Separate Cover)

 

d

Correspondence to Hon. David Parker, Minster for the Environment, regarding highly productive land in Auckland (Under Separate Cover)

 

e

Auckland Monthly Housing Update – January 2021 (Under Separate Cover)

 

f

Auckland Monthly Housing Update – February 2021 (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Duncan Glasgow - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Megan Tyler - Chief of Strategy