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Resolution
number PLA/2022/6
MOVED by Cr C Darby, seconded by Deputy Mayor BC
Cashmore:
That
the Planning Committee:
a)
accept the private plan change
request by Gardon Trust, Matoaka Holdings, and Pokorua Limited in relation to
approximately 32.5 hectares at 43, 45A, 92 and 130 Constable Road, Waiuku
(known as O’Hara, Waiuku), included as Attachment A to the agenda
report, pursuant to clause 25(2)(b) of Schedule 1 to the Resource Management
Act for the following reasons:
i) notwithstanding
the new clause 25(4A) of Schedule 1, which provides that the council cannot
accept/adopt a private plan change request that does not incorporate the Medium
Density Residential Standards, the council has the discretion to accept this
private plan change request pursuant to clause 35(2) of Schedule 12, as this
private plan change request meets the requirements of clause 35(1) of
Schedule 12.
ii) accepting the private
plan change request will enable a range of matters (in particular, infrastructure
funding, soils, climate impacts and cultural values) to be considered on
their merits during a public participatory process.
iii) it is inappropriate to adopt the private plan change. The
private plan change proposal is not identified as a location for future
growth in the Auckland Plan and there is currently no provision for funding
the full costs of water and wastewater infrastructure required.
iv) the grounds to reject a private plan change request under
clause 25(4) are limited and, having regard to relevant case law:
A)
the request is not frivolous. The
applicant has provided supporting technical information and the private plan
change has a resource management purpose.
B)
the request is not vexatious and the
applicant is not acting in badfaith bylodging the private plan change
request.
C)
the substance of the request has not
been considered within the last two years.
D)
due to the lack of funding available
for the infrastructure required to support development in the Waiuku area (in
particular transport infrastructure), a coarse-grain assessment of the
request indicates this aspect of the private plan change may not be in
accordance with sound resource management practice. However, as more detailed
information relating to the cost of the required infrastructure is needed,
and there remains a prospect that a funding solution can be found, it is not
recommended that the council rejects the private plan change request on this
ground.
E)
a coarse-grain assessment does not
indicate that the private plan change will make the Auckland Unitary Plan
contrary to Part 5 of the Resource Management Act.
F)
the provisions of the Auckland
Unitary Plan subject to the private plan change request have been operative
for at least two years.
v) it is not appropriate to deal with the private plan
change as if it was a resource consent application as the request seeks to
rezone a substantial area of land for development over a period of time
rather than undertake a single development project.
b)
delegate authority to the Manager Central
and South Planning to undertake the required notification and other statutory
processes associated with processing the private plan change request by
Gardon Trust, Matoaka Holdings, and Pokorua Limited for O’Hara, Waiuku
pursuant to Schedule 1 to the Resource Management Act 1991.
c)
delegate authority to the Chair and
Deputy Chair of the Planning Committee and a member of the Independent Māori Statutory Board to approve a council submission on the
private plan change to address the matters raised in the agenda report and
any other relevant matter, noting council’s concerns that lack of
infrastructure in particular for transport and water to sustain this
development and the unbudgeted cost of this provision.
d)
authorise the Chair and Deputy Chair of
the Planning Committee to reinforce with the Minister for the Environment
concerns about the delays to the finalisation of the National Policy
Statement for Highly Productive Land and requests that the Minister also
affords greater protection for rural production in the land use and planning
system through the objectives of the proposed Natural and Built Environment
Act.
CARRIED
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