I hereby give notice that an ordinary meeting of the Planning Committee will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 3 March 2022 10.00am This meeting will be held remotely and can be viewed on the Auckland Council website https://councillive.aucklandcouncil.govt.nz/
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Kōmiti Whakarite Mahere / Planning Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Chris Darby |
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Deputy Chairperson |
Cr Josephine Bartley |
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Members |
Cr Dr Cathy Casey |
Cr Richard Hills |
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Deputy Mayor Cr Bill Cashmore |
Cr Tracy Mulholland |
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Cr Fa’anana Efeso Collins |
Cr Daniel Newman, JP |
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Cr Pippa Coom |
Cr Greg Sayers |
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Cr Linda Cooper, JP |
Cr Desley Simpson, JP |
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Cr Angela Dalton |
Cr Sharon Stewart, QSM |
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Cr Alf Filipaina, MNZM |
Cr Wayne Walker |
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Cr Christine Fletcher, QSO |
Cr John Watson |
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Mayor Hon Phil Goff, CNZM, JP |
IMSB Member Karen Wilson |
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IMSB Member Hon Tau Henare |
Cr Paul Young |
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Cr Shane Henderson |
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(Quorum 11 members)
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Kalinda Iswar Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor 28 February 2022
Contact Telephone: 021 723 228 Email: kalinda.iswar@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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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).
Code of conduct
For information relating to Auckland
Council’s elected members code of conduct, please refer to this link on
the Auckland Council website - https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/elected-members-remuneration-declarations-interest/Pages/elected-members-code-conduct.aspx
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 03 March 2022 |
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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 Regional Historic Heritage Grants Programme 2021/2022 11
9 Auckland Council’s submission on the proposed amendments to the National Environmental Standards for Sources of Human Drinking Water 33
10 Application of the new policy 3(d) of the National Policy Statement - Urban Development 69
11 Summary of Planning Committee information items and briefings – 3 March 2022 85
12 Review of the Forward Work Programme - Planning Committee 87
13 Consideration of Extraordinary Items
At the close of the agenda no apologies had been received.
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.
That the Planning Committee: a) confirm the ordinary minutes of its meeting, held on Thursday, 3 February 2022 as a true and correct record.
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At the close of the agenda no requests to present petitions had been received.
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.
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 yet been approved.
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 03 March 2022 |
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Regional Historic Heritage Grants Programme 2021/2022
File No.: CP2021/14363
Te take mō te pūrongo
Purpose of the report
1. To seek approval of the grant recommendations for the Regional Historic Heritage Grants Programme 2021/22 funding round.
Whakarāpopototanga matua
Executive summary
2. The Regional Historic Heritage Grants Programme aims to incentivise best practice and increase and encourage community involvement in the care of regionally significant heritage sites and places. It is focused on funding projects that benefit historic heritage places and outcomes that are relevant to all of Auckland.
3. The Regional Historic Heritage Grants Programme was established through the Community Grants Policy, adopted in December 2014. In March 2016, the Auckland Development Committee adopted the Regional Historic Heritage Grants Programme framework which outlined the regional significance criteria and assessment criteria for the grant applications. This framework has been included as Attachment A.
4. This is the fifth year the grant has been in existence and each year the fund has been oversubscribed. In response to this, in 2019 the Environment and Community Committee voted to increase the annual fund from $84,000 to $500,000.
5. The Regional Historic Heritage Grant fund has a total of $500,000 available for allocation in the 2021/2022 financial year, as approved through the Long-term Plan 2015-2025. Of this, $63,710 has already been allocated to a non-contestable grant leaving $436,290 available. In total, 38 applications were received for the 2021/2022 funding round, requesting a total of $1,272,571.48. One applicant withdrew their application during the assessment phase.
6. Following the assessment of applications, it is recommended that 20 applications are supported with grants totalling $435,377.83, ranging in value from $6,500 to $57,000. It is also recommended that a further 17 applications are declined for the reasons outlined in Attachment B of this report.
7. Applicants will be notified of funding decisions as soon as practical, following the Planning Committee’s approval. Successful grant recipients will then have twelve months to complete the project work. At the end of this grant term recipients will be required to meet project accountability requirements detailing how funding has been used and what has been achieved through their project.
Recommendation/s
That the Planning Committee:
a) approve the grant allocations for the 2021/2022 Regional Historic Heritage Grants Programme funding round, as listed in the table below:
Amount recommended |
|
Point Chevalier Social Enterprise Trust |
$50,000.00 |
Ngāti Tamaterā Treaty Settlement Trust |
$40,000.00 |
The Supporters of Tiritiri Matangi Inc |
$40,000.00 |
George Courts Building Body Corporate .0.0(BC 182621) |
$35,258.00 |
The Unitarian Church of Auckland Trust Board (known as Auckland Unitarian Church) |
$32,073.50 |
Howick & Districts Historical Society Inc. |
$31,881.81 |
Puhoi Hotel and Stables |
$30,000.00 |
Espano/20 Poynton Terrace |
$24,592.00 |
Paul Jenkin |
$18,800.00 |
Puhoi Centennial Hall |
$17,922.00 |
Waitakere Methodist Parish |
$17,000.00 |
Drake City Limited (Old Customhouse Building) |
$17,000.00 |
Drake City Limited (Canterbury Arcade) |
$15,301.27 |
Greenwhale Holdings Limited (Saatchi & Saatchi Building) |
$15,000.00 |
Silverdale and Districts Historical Society Inc |
$10,000.00 |
Rangitoto Island Heritage Conservation Trust |
$10,000.00 |
Anglican Parish of Clevedon |
$9,908.00 |
Fiona Edgar |
$7,500.00 |
Hibiscus Coast Presbyterian Church |
$6,641.25 |
The Hollywood Cinema Avondale |
$6,500.00 |
b) decline the other 17 applications for the reasons identified in Attachment B of the agenda report.
Horopaki
Context
8. The Community Grants Policy, adopted by Auckland Council in December 2014, recognises regional grant funding programmes as a key tool by which council can support communities to implement regional visions and aspirations, as set out in the Auckland Plan and other regional strategic documents.
9. The Regional Historic Heritage Grants Programme, established through the Community Grants Policy, supports the following outcomes:
· Regulations and policies in the Auckland Unitary Plan and District Plan (Hauraki Gulf Islands) are supported by incentives to protect and conserve significant historic heritage places
· Auckland Council, mana whenua, community organisations, and property owners work together to support kaitiakitanga and stewardship of historic heritage
· Aucklanders see council’s investment in historic heritage
· Historic heritage grants unlock private and community investment in heritage conservation.
10. To be eligible for funding through the Regional Historic Heritage Grants Programme, projects need to meet one of the following eligibility criteria for regional significance:
· Historic heritage places that are included in one of the schedules of the Auckland Unitary Plan including the Historic Heritage Schedule, Sites of Significance to Mana Whenua, contributing sites within a Historic Heritage Area, contributing buildings within a Special Character Area and trees included in the Notable Trees Schedule, or
· Historic heritage places that are in the Auckland Council District Plan - Hauraki Gulf Islands (HGI) Section – Heritage appendices, archaeological sites, buildings, objects, properties and places of special value, Māori heritage sites or trees, or
· Historic heritage places that are unscheduled but have/are demonstrated to be of regional significance, subject to evidence that the site has interim protection through heritage covenants as well as a letter from the applicants/owners confirming support for scheduling the site under the relevant heritage overlay.
11. For the 2021/2022 funding round, the Regional Historic Heritage Grants Programme welcomed grant applications that aligned with the following programme priorities:
· Conservation of regionally significant historic heritage places
· Conservation of at-risk historic heritage places, including initiatives which address the impacts of climate change
· Supporting kaitiakitanga of Māori cultural heritage
· Preserving heritage and character in town centres
· Support the retention and maintenance of notable trees.
12. We also consider applications for other services, projects, events and activities. However, these may be considered a lower priority. The following activities are identified as lower priorities for 2021/2022:
· heritage interpretation
· conservation of moveable heritage (i.e. objects in museums)
· movable heritage items subject to evidence that the object would be stored and exhibited within the Auckland region in a manner that will ensure its long-term protection.
13. The Regional Historic Heritage Grants Programme was promoted through a number of existing processes and networks including Auckland Council’s website and social media sites, and emails to historic heritage stakeholders and partners. A workshop presentation was held online where applicants could be supported through the application process and request advice from council staff.
14. Applications for the 2021/2022 funding round were assessed by staff with subject matter expertise using the weighted assessment criteria as set out in Table One below.
Table One – Regional Historic Heritage Grants Assessment Criteria
Criteria |
Weighting |
Alignment with strategic priorities for 2021/2022 |
40% |
Project significance |
30% |
Funding necessity |
15% |
Public access and education |
15% |
Tātaritanga me ngā tohutohu
Analysis and advice
15. Each application had an assessment score out of 100 which was used to rank applications from highest to lowest. Grant recommendations were developed and moderated by council staff considering the application assessment score, project budget, items that the funding was requested for and the level of funding that would maximise outcomes and value for money.
16. The Regional Historic Heritage Grants Programme provides individual grants up to $50,000 per annum.
17. As a funding principle, grants through the Regional Historic Heritage Grants Programme are provided to leverage the community’s ‘match’ of an equal value in volunteer labour, cash, or donated goods and services. While there is no set match requirement for this fund, council will generally consider a 50 per cent match desirable.
18. This is the fifth annual funding round of the Regional Historic Heritage Grants Programme. A funding round in 2019/2020 was cancelled due to the impacts of Auckland Council emergency budget at the beginning of the COVID-19 pandemic.
19. Since its establishment, the Regional Historic Heritage Grants Programme has been oversubscribed. The budget for the grant has been increased from $80,000 to $500,000.
20. Funding round metrics from the 2015/2016, 2016/2017, 2017/2018, 2018/2019 and 2021/2022 rounds are provided in Table Two below. Compared with the four previous rounds we have received more applications than most years. The overall amount requested has increased significantly from a yearly average of $431,119 to $1,272,571. Because the budget has been significantly increased, we have been able to allocate more grants and increase the size of the grants significantly.
21. The applications recommended for funding in the 2021/2022 financial year align strongly with the outcomes and priorities established for the Regional Historic Heritage Grants Programme. The applications recommended for funding represent a variety of project types related to scheduled historic heritage places across the region, ranging from gathering narratives on sites to designing for earthquake strengthening to physical works which will contribute to their long-term survival.
22. Two applications recommended for funding are for projects at privately-owned residences and a further two are apartment buildings. The properties are scheduled historic heritage places and are visible from a public place. The nature of the projects strictly pertains to the heritage fabric of the building.
23. Grant recommendation amounts are only less than the requested amount in cases where applicants have stated that a smaller Regional Historic Heritage Grants Programme contribution would still be helpful for their project. The recommended amount is based on the amount the applicant has specified in their application as being a helpful contribution.
24. In most instances, applications that are recommended for decline have merit. Because the Regional Historic Heritage Grants Programme is oversubscribed, lower scoring applications were not recommended for funding. In other instances, applications are recommended for decline due to issues with best practice not being achieved or the proposed works are a lower priority.
Table Two – Regional Historic Heritage Grants Programme Metrics
|
2015/2016 funding round |
2016/2017 funding round |
2017/2018 funding round |
2018/2019 funding round |
2021/2022 funding round |
Budget |
$80,743 |
$80,744 |
$82,000 |
$83,640 |
$436,290 |
Number of applications |
27 |
42 |
25 |
25 |
38 |
Total value of grants requested |
$336,914 |
$573,559 |
$383,833 |
$428,171.90 |
$1,272,571.48 |
Number of applications recommended for funding |
Seven applications supported, 19 declined and one ineligible |
Seven applications supported, 33 declined and two ineligible |
Eight applications supported, 15 declined, one withdrawn and one ineligible |
Six applications supported, 18 declined, one ineligible |
20 applications proposed for support, 17 proposed to be declined, one withdrawn |
Value of grant allocations |
Range: $3,375 to $20,000 Average: $11,998 |
Range: $2,248 to $20,000 Average: $11,534 |
Range: Average: $10,250 |
Range: $5,900 to $18,640 Average: $13,940 |
Range: $6,500 to $50,000 Average: $21,769 |
Tauākī whakaaweawe āhuarangi
Climate impact statement
25. The Regional Historic Heritage Grant applications have the potential to reduce emissions through supporting the reuse of older building and the reduction of waste.
26. Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan sets out a path for the region to achieve its climate goals and respond to our changing climate. Most of the applications positively impact our climate goals through:
· retrofitting buildings to transition to low carbon, resilient, healthy buildings
· minimising construction and demolition waste by repairing and retaining original building fabric.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
27. There are no council group impacts or views identified for the allocation of the 2021/2022 Regional Historic Heritage Grants Programme funding round.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
28. The Community Grants Policy provides for local boards to operate their own local grants programmes. Local boards may choose to fund local heritage projects and activities, some of which may complement the grants provided at regional level, or vice versa. Information on the successful grant applicants will be provided to all relevant local boards, following the approval of the Planning Committee.
Tauākī whakaaweawe Māori
Māori impact statement
29. All grant programmes aim to respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to organisations which deliver positive outcomes for Māori. Auckland Council’s Heritage Unit Māori Heritage Team provided input and practical support towards the development of the Regional Historic Heritage Grant Programme.
30. Promotion of the 2021/2022 funding round included provision of information to heritage stakeholders which included mana whenua, Māori community groups and individuals.
31. Supporting kaitiakitanga of Māori cultural heritage is an identified priority for this grant programme and all applications were assessed as to their alignment with this priority.
32. Applicants were asked to demonstrate how Māori outcomes will be evident in the results of their project. Of the 38 applications received, 15 applications were submitted in which the applicant identified the project as contributing to Māori outcomes.
33. The following applications recommended for funding have been identified as contributing to Māori outcomes.
· The Māori Hall has a history of supporting Māori and their well-being and its owners have made a commitment to continue supporting Māori in the future.
· Ngāti Tamaterā Treaty Settlement Trust are working to identify sites of significance to their iwi in Tāmaki Makaurau and capture the narratives around these sites.
Ngā ritenga ā-pūtea
Financial implications
34. The funding recommendations presented in this report allocate the Regional Historic Heritage Grants Programme budget for the 2021/2022 financial year, as approved through the Long-term Plan 2015-2025.
35. The Regional Historic Heritage Grants Programme has a total budget of $500,000 for the 2021/2022 financial year. This is a significant increase from previous years and represents the need for this funding from the community.
36. $63,710 has already been allocated to a non-contestable grant for works to 8A Pitt Street, Auckland Central.
37. In this Regional Historic Heritage Grants Programme 2021/2022 round a total of 38 applications were received with a total requested amount of $1,272,571.48. The pattern of oversubscription to this grant continues, however this year the average grant amount has significantly increased.
38. The grant round for 2019/2020 was cancelled due to the Emergency Budget cuts. Applicants from that round were invited to transfer their applications over to this round. Several applicants mentioned the ongoing financial implications of COVID-19 as impacting their ability to raise revenue for repairs and maintenance.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
39. A risk assessment has only identified five low risks associated with the grant allocation process. These are listed below along with the mitigations:
· Low reputational risk – Applicants may query the grant allocation process and feel it has been inconsistent or unfair. This risk is mitigated through the thorough and transparent evaluation and assessment process, carried out in accordance with the grant.
· Low reputational risk - One applicant is a current Auckland Council Heritage Unit staff member. And one applicant previously worked for Auckland Council and is known to the assessor. The assessment of these applications has been reviewed twice by separate reviewers to confirm that the application meets the criteria. In this case one application was successful and one was not.
· Low financial risk – Grant applicants do not use grant funds appropriately to fulfil the conditions of their grant or deliver the outcomes desired by the council. This risk is mitigated through the initial assessment, which included evaluation of the capacity of applicants and their track record, and requirements for detailed reporting on outcomes of all applications. Grant recipients are required to account for use of allocated funds and the council can request the return of any funds not used in line with the approved grant purpose.
· Low financial risk – Grant recipients are unable to deliver their projects as planned due to impacts of COVID-19. This risk is mitigated through the application assessment which has included consideration of alternative delivery options where required. In the event of project disruption, council staff will work with grant recipients to agree alternative delivery plans or extended project timeframes.
· Regulatory and Legal compliance risk – Grant applicants do not fulfil their regulatory requirements before starting works. There are grant conditions and clauses written into the funding agreements which allow the grant to be uplifted only when conditions are satisfied.
Ngā koringa ā-muri
Next steps
40. Following the Planning Committee resolution allocating funding for the Regional Historic Heritage Grants Programme, council staff will notify the applicants of the committee’s decision.
41. Successful grant recipients will receive an agreement detailing the terms and conditions of the grant. The recipients will be required to meet project accountability requirements. Should these projects either not proceed or not fully utilise allocated funding all unspent funds will be returned to council.
Attachments
No. |
Title |
Page |
a⇩ |
Regional Historic Heritage Grant Guidelines 2021/2022 |
19 |
b⇩ |
Regional Historic Heritage Grant application summary |
27 |
Ngā kaihaina
Signatories
Author |
Anna Boyer - Senior Specialist: Community Heritage |
Authorisers |
John Duguid - General Manager - Plans and Places Megan Tyler - Chief of Strategy |
03 March 2022 |
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Auckland Council’s submission on the proposed amendments to the National Environmental Standards for Sources of Human Drinking Water
File No.: CP2022/01338
Te take mō te pūrongo
Purpose of the report
1. To seek approval of Auckland Council’s submission to the Ministry for the Environment on the Kia kaha ake te tiakina o ngā puna wai-inu / Improving the protection of drinking-water sources: Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 consultation document.
2. To seek delegated authority for Auckland Council’s separate submission to Taumata Arowai on a package of technical drinking water standards.
Whakarāpopototanga matua
Executive summary
3. The Ministry for the Environment has released the public consultation document, Kia kaha ake te tiakina o ngā puna wai-inu / Improving the protection of drinking-water sources: Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007.
4. This consultation document seeks feedback on proposed policy positions for amendments to the National Environmental Standards for Sources of Human Drinking Water 2007 (NES-DW), made under the Resource Management Act 1991. The proposed NES-DW amendments aim to strengthen and align national direction (including with the Water Services Act 2021 (WSA)) for the protection and management of source water. It seeks to do this by improving:
· how at-risk source water areas are delineated
· how activities that pose risks to source water are regulated or managed
· inclusion of all registered water supplies.
5. Staff are generally supportive of the proposed NES-DW amendments, recognising the need to lift drinking water standards across the country as highlighted by the Havelock North Inquiry. The proposed amendments bring the NES-DW into line with other recent and/or ongoing regulatory reforms related to drinking water.
6. Staff have prepared a draft council group submission on the proposed NES-DW amendments, framed by the discussion document questions (at Attachment B of this agenda report). Submissions are due with the Ministry for the Environment by 6 March 2022. Approval for the draft submission is being sought from the Planning Committee, subject to any amendments, with delegated authority to members for signing off the final submission.
7. Taumata Arowai has also released a package of technical drinking water standards under the WSA, targeted at drinking water suppliers, for public consultation. Consultation on these closes 28 March 2022. Staff are assessing views and potential interest for any council submission. Delegated authority from the Planning Committee is also being sought for sign-off on any final submission for these technical drinking water standards.
Recommendation/s
That the Planning Committee:
a) approve the attached draft submission (Attachment B of the agenda report) to the Ministry for the Environment on the proposed amendments to the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007 (NES-DW), subject to any amendments sought at committee.
b) delegate authority to the Chair and Deputy Chair of the Planning Committee, Chair and Deputy Chair of the Environment and Climate Change Committee, and a member of the Independent Māori Statutory Board, to sign-off on Auckland Council’s final NES-DW submission before 6 March 2022.
c) delegate authority to the Chair and Deputy Chair of the Planning Committee, Chair and Deputy Chair of the Environment and Climate Change Committee, and a member of the Independent Māori Statutory Board, to approve Auckland Council’s submission to Taumata Arowai on a package of related technical drinking water standards, due by 28 March 2022.
Horopaki
Context
8. The objectives of the proposed NES-DW amendments are to strengthen and align national direction (including with the Water Services Act) for the protection and management of source waters.
9. The proposed amendments to the NES-DW are technical in nature, but aim to improve water quality by improving:
· how at-risk source water areas are delineated by establishing scientifically derived methodology for mapping source water risk management areas
· how activities that pose risks to source water are regulated or managed by ensuring higher-risk activities are managed either through more stringent controls or direction where necessary, or through consistent consideration of source water effects, and
· protecting all registered water supplies by allowing the NES-DW to cover the same supplies as the Water Services Act (i.e. all water suppliers other than domestic self-suppliers).
10. The proposed NES-DW amendments are part of a package of work to improve drinking water standards as encompassed by the government’s wider Three Waters review, as well as in response to the Havelock North Enquiry following an outbreak of gastroenteritis from the town’s water supply in 2016. The Havelock North Inquiry identified various issues with the regulatory regime, including ‘significant problems’ with the NES-DW. The current NES-DW has been in effect since June 2008.
11. The following diagram highlights the range of instruments that form the regulatory framework for protecting drinking water (source: NES-DW discussion document).
12. Managing rivers, lakes and aquifers, and land uses that may affect water quality or quantity, is the responsibility of regional councils under the Resource Management Act 1991 (RMA).
13. Activities that may affect source water include discharges of contaminants into the environment, such as from wastewater management, other water takes, damming and diverting water flows, works in riverbeds, earthworks, and drilling into aquifers.
14. These activities can increase the likelihood of contaminants, such as bacteria (including pathogens), chemicals, sediment, and other substances, entering the water body. These risks often go unrecognised, especially contamination of groundwater in aquifers.
15. Water treatment is intended to remove or treat contaminants to acceptable levels for drinking, but not all contaminants can be addressed, and treatment can be costly. Activities that may introduce contaminants to source water pose a risk that needs to be appropriately managed.
16. In addition to the proposed NES-DW amendments, Taumata Arowai is seeking feedback on a package of technical drinking water standards using powers provided by the Water Services Act 2021. These instruments are:
· Drinking Water Standards
· Drinking Water Quality Assurance Rules
· Drinking Water Aesthetic Values
· Drinking Water Acceptable Solution for Roof Water Supplies
· Drinking Water Acceptable Solution for Spring and Bore Water Supplies
· Drinking Water Acceptable Solution for Rural Agricultural Water Supplies
· Drinking Water Network Environmental Performance Measures
17. These standards are targeted at drinking water suppliers and contain technical content that will guide the way drinking water is supplied safely. A description of the above instruments is attached in Attachment A. Public consultation on these technical standards is open until 28 March 2022.
18. Auckland Council staff, with technical support from Watercare, are assessing what the Council group’s position on the technical instruments is, and the nature and extent of a potential submission to be prepared. Staff will be able to provide a further verbal update on the progress of this at the Planning Committee meeting on 3 March 2022.
19. Staff recommend that the Planning Committee agree to a delegated sign-off process for any submission to Taumata Arowai on the above technical standards. Delegated authority is recommended to be to the same as for the council submission on the NES-DW (Chair and Deputy Chair of the Planning Committee, Chair and Deputy Chair of the Environment and Climate Change Committee, and member of the Independent Māori Statutory Board).
20. The NES-DW managed by the Ministry for the Environment and technical drinking water standards managed by Taumata Arowai aim to improve the safety of drinking water at different stages of the drinking water supply system, reinforcing the multiple barriers approach recommended by the Havelock North Inquiry.
21. The parts of the drinking water supply system that these instruments apply to are:
Multiple barrier approach |
Regulatory instrument |
Protecting water at its source
|
NES-DW |
Effective treatment (when required)
|
Drinking Water Standards Drinking Water Quality Assurance Rules Drinking Water Aesthetic Values Drinking Water Acceptable Solution for Roof Water Supplies Drinking Water Acceptable Solution for Spring and Bore Water Supplies Drinking Water Acceptable Solution for Rural Agricultural Water Supplies |
Secure distribution
|
|
Effective monitoring
|
Drinking Water Network Environmental Performance Measures |
Effective responses to incidents and events. |
Tātaritanga me ngā tohutohu
Analysis and advice
22. Auckland Council is generally supportive of the proposed amendments to the NES-DW. Staff recognise the need to lift drinking water standards across the country, as highlighted by the Havelock North Inquiry.
23. The proposed amendments bring the NES-DW into line with other recent and/or ongoing regulatory reforms related to drinking water, including:
· instruments under the Essential Freshwater package, including National Policy Statement for Freshwater Management 2020 (NPS-FM), National Environment Standards for Freshwater 2020, and section 360 regulations for Stock Exclusion
· Water Services Act 2021
· Resource Management Act reform
· Three Waters reform.
24. Auckland Council’s draft submission (Attachment B of this agenda report) supports alignment between the above instruments wherever possible, as also sought through the central government discussion documents.
25. Other key points from the draft submission include:
· the NES-DW is a key regulatory component in enacting the six fundamental principles of drinking water safety, articulated by the Havelock North Drinking Water Inquiry, as part of the multiple-barrier approach to address risks to drinking water.
· that timeframes for updating regional planning rules to comply with the NES-DW be aligned with those for NPS-FM (reducing the need for multiple plan change processes).
· from a Te Ao Māori perspective, support for the NES-DW in ensuring and protecting iwi/Māori kaitiakitanga responsibilities to wai/water. This includes providing for greater involvement of iwi and hapū in the wider management of freshwater resources, and the ability of Kaitiaki to preserve, restore and enhance freshwater for the benefit of present and future generations.
· requesting the release of an exposure draft of the proposed amended NES-DW prior to gazettal. Such a review will help ensure that the proposed amendments are fit for purpose and do not have unintended consequences.
Tauākī whakaaweawe āhuarangi
Climate impact statement
26. The decision to submit on the proposed amendments will not alter emissions or alter our adaptation to the impacts of climate change.
27. The proposed NES-DW amendments themselves are unlikely to alter emissions directly or significantly or alter our adaptation to the impacts of climate change. The draft Regulatory Impact Statement for the NES-DW provided by the Ministry for the Environment does not include any information regarding the impacts of climate change.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. The following council divisions provided input to support the development of the proposed submission:
· Chief Planning Office (Plans and Places, Auckland Plan Strategy and Research)
· Regulatory Services
· Infrastructure and Environmental Services
· Customer and Community Services
· Council Controlled Organisations (Watercare and Auckland Transport).
29. The proposed changes to the NES-DW will likely add several tasks for Auckland Council to enact these regulations, including:
· updating regional planning rules
· delineation and mapping of Source Water Management Risk Areas
· holding and providing information to inform Source Water Risk Management Plans
· assessment of impacts on water sources in all resource consent applications
· increased engagement with relevant stakeholders, including drinking water suppliers
· likely reviewing of existing consents (if the NES-DW is to apply retrospectively)
· updating compliance and monitoring practices.
30. Current regional plan rules for protecting drinking water sources within the Auckland Unitary Plan (AUP) only apply to municipal supplies (Chapter D7 “Water supply Management overlays”). The NES-DW would require a significant update to this chapter to allow for all drinking water suppliers to be covered. Other chapters within the AUP also provide more general protections for freshwater quality and manage related activities, which also need to be updated (these include Chapters E3 “Lakes, rivers, streams and wetland”, E7 “Taking, using, damming and diversion of water and drilling”, E11 “Land disturbance – regional” and E15 “Vegetation management and biodiversity”). In the submission, staff recommend that timeframes for planning updates resulting from the NES-DW be aligned with those to implement the National Policy Statement for Freshwater Management 2020.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
31. Local board feedback was sought and received from Aotea/Great Barrier, Franklin, Howick, Maungakiekie-Tāmaki, Ōrākei, Ōtara-Papatoetoe, Rodney, Waiheke and Whau. Feedback was supportive of the proposed amendments to the NES-DW, recognising the need to provide greater protections for drinking water sources. Some issues noted by one or two local boards raised matters considered to be beyond the scope of the proposals. Feedback has been incorporated in the draft submission where possible.
Tauākī whakaaweawe Māori
Māori impact statement
32. Council staff provided an information memo to Auckland region mana whenua on 10 February 2022, notifying them of the opportunity to make a direct submission to central government, and/or to advise council staff of their perspectives so that this can be considered in preparing the Auckland Council submission. No feedback was received prior to the finalisation of this report (as at 24 February). Staff will provide a verbal update on any additional feedback received from mana whenua at the Planning Committee meeting on 3 March 2022.
33. The proposed amendments to the NES-DW are designed to fit within the wider NPS-FM framework. The requirements of the NPS-FM are expected to follow through to the NES-DW, including ensuring and protecting iwi/Māori kaitiakitanga responsibilities to wai/water for mana whenua through Te Mana o te wai.
34. The NES-DW will have positive benefits for Māori by placing additional controls on land use activities near sources of drinking water, helping to ensure the supply of clean and healthy drinking water to marae. The proposed measures for protecting aquifer source waters in particular aligns with te Ao Māori, which recognises that all aquifers are wai tapu.
Ngā ritenga ā-pūtea
Financial implications
35. The NES-DW discussion document is clear that the proposed amendments cement the regulatory role for regional councils (and unitary authorities) in controlling land use activities to protect sources of drinking water under the Resource Management Act. The decision to submit on the proposed NES-DW amendments will not have a significant financial impact on the Auckland Council group. The amendments will include updating regional planning rules, updating consenting procedures, and potential retrospective application of the proposed NES-DW amendments to existing consents. Staff have proposed in the submission that timeframes for the implementation of the NES-DW are aligned with the NPS-FM to reduce the impacts on council and avoid duplication of plan changes processes and updating regulatory guidance. It is anticipated that implementation of the NES-DW would be delivered through existing budget allocations. Any additional requests for resourcing to support the implementation of the new regulations will follow usual budget allocation processes.
36. Financial impacts resulting from the impact of the technical instruments for drinking water standards, made under the Water Services Act, will be felt by drinking water suppliers and the new water entities arising from the Three Waters Reform. These impacts may include, but are not limited to, upgrading of treatment and distribution infrastructure, increased laboratory testing, and collection and reporting of performance measure data. Staff anticipate these costs will impact smaller drinking water suppliers hardest, particularly those already struggling to meet drinking water standards.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
37. Should central government decide to proceed with the proposals, it will most likely provide further clarity to councils and others about how these regulatory provisions should be implemented. Council staff have requested that Ministry for the Environment release an exposure draft of any new regulatory provisions, once Cabinet has reached its decisions.
38. Several operational delivery programmes across council departments, council-controlled organisations and third parties may need to be revisited for compliance with any new provisions that central government adopt. It is anticipated that this would be delivered through business-as-usual resourcing, but a further evaluation of potential costs may be needed.
Ngā koringa ā-muri
Next steps
39. Consultation on the NES-DW closes on 6 March 2022. Delegated members of the Planning Committee will only have two days to identify any amendments to the proposed submission. Staff will dispatch to the Ministry of the Environment once approval has been received.
40. Consultation on the package of technical drinking water standards produced by Taumata Arowai closes on 28 March 2022. Staff will likely focus the proposed council submission on some of the key technical standards rather than all of them. Watercare staff have indicated their interest in commenting on several of these technical standards, as part of a single council group response. A draft council submission will be prepared for the consideration of the delegated members at least a week before submissions are due with Taumata Arowai.
Attachments
No. |
Title |
Page |
a⇩ |
Description of technical drinking water standards being consulted on by Taumata Arowai |
41 |
b⇩ |
Draft submission - Proposed amendments to the Resource Management (National Environmental Standards for Sources of Human Drinking Water) Regulations 2007: consultation document |
43 |
Ngā kaihaina
Signatories
Authors |
Simon Fraser - Senior Analyst NES Dave Allen - Manager Natural Environment Strategy |
Authorisers |
Jacques Victor – General Manager Auckland Plan Strategy and Research Megan Tyler - Chief of Strategy |
03 March 2022 |
|
Application of the new policy 3(d) of the National Policy Statement - Urban Development
File No.: CP2022/01540
Te take mō te pūrongo
Purpose of the report
1. To update the committee on the new policy 3(d) in the National Policy Statement – Urban Development and seek endorsement of a set of principles to apply this policy in the forthcoming plan change that will implement the National Policy Statement.
Whakarāpopototanga matua
Executive summary
2. The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (enacted in December 2021) amended aspects of the National Policy Statement – Urban Development (‘NPS-UD’).
3. One amendment was to policy 3(d) of the NPS-UD. This is a policy directing councils to intensify areas outside of the city centre, metropolitan centres, and walkable catchments (covered in policies 3(a)-(c)).
4. The previous policy 3(d) directed councils to focus intensification in ‘all other areas’ with high levels of accessibility and high demand. The new wording of policy 3(d) is more specific in that it directs council to intensify areas within and adjacent to Auckland’s lower order centres (neighbourhood, local, town centres).
5. The new policy states “In relation to tier 1 urban environments, regional policy statements and district plans enable:…(d) within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activity and community services.”
6. This change to policy 3(d) means that some of the resolutions of the Planning Committee in the second half of 2021 need to be revisited. An updated direction from the Committee is now sought on how to apply the new policy 3(d) as part of the forthcoming plan change that will implement the NPS-UD.
7. It is recommended that the level of commercial activity and community services in each centre be determined through a measure of each centre’s place in the operative Auckland Unitary Plan (‘AUP’) zoning hierarchy, size (zoning footprint), and accessibility to jobs and population (catchment).
8. Based on the level of commercial activity and community services in each centre, a set of principles have been developed to guide what is ‘commensurate’ in terms of heights and density of urban form within and adjacent to neighbourhood, local and town centres. These principles are included in full in the recommendations.
9. The detailed maps showing the proposed intensification required to implement the NPS-UD will come to the Planning Committee at a later date. It is important to note that the application of the recommended principles would result in the Terraced Housing and Apartment Buildings (‘THAB’) zone being applied to land not currently zoned for THAB, or existing THAB zoned land being expanded. This will be located adjacent to 11 centres in north and west Auckland, 22 centres in the central isthmus, and 11 centres in south and east Auckland.
10. As a result of the recommended principles, no policy 3(d) intensification is proposed in any rural settlement or on any offshore island (e.g. the Hauraki Gulf islands) and no intensification is proposed within any Neighbourhood, Local or Town Centre zone (subject to a further review of the Height Variation Controls applying to centres and adjacent areas).
Recommendation/s
That the Planning Committee:
a) rescind the Planning Committee resolution PLA/2021/97 that related to a now superseded version of policy 3(d) in the National Policy Statement – Urban Development.
b) endorse the following principles for the application of the new policy 3(d) in the National Policy Statement – Urban Development:
i) no change to building heights and density of urban form within Neighbourhood, Local and Town Centre zones (subject to a review of the Height Variation Controls to ensure consistency with the heights of proposed new zones surrounding the centres)
ii) no additional Policy 3(d) intensification (beyond the application of zone(s) containing the Medium Density Residential Standards) for:
A) All Neighbourhood Centres
B) Local Centres that are small in size and/or have low accessibility
C) Town Centres that have low accessibility
iii) apply the Terrace Housing and Apartment Buildings zone to residential zoned sites adjacent to the edge of a centre zone (up to around 200 metres) for:
A) Local Centres that are both large in size and have high accessibility
B) Town Centres that are small in size, but have high accessibility
iv) apply the Terrace Housing and Apartment Buildings zone to residential zoned sites adjacent to the edge of a centre zone up to around 400 metres for:
A) Town Centres that are large in size and have high accessibility.
Horopaki
Context
11. The Government enacted the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act (‘the Enabling Act’) in December 2021. This amended aspects of the NPS-UD. In particular, the Enabling Act replaced Policy 3(d) in the NPS-UD.
12. The former wording of Policy 3(d) was as follows:
“In relation to tier 1 urban environments, regional policy statements and district plans enable:…
(d) in all other locations in the tier 1 urban environment, building heights and density of urban form commensurate with the greater of:
(i) the level of accessibility by existing or planned active or public transport to a range of commercial activities and community services; or
(ii) relative demand for housing and business use in that location.”
13. The new wording of Policy 3(d) is as follows:
“In relation to tier 1 urban environments, regional policy statements and district plans enable:…
(d) within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activity and community services.”
14. As a result of this change, some of the policy directions provided by the resolutions of the Planning Committee in the second half of 2021 need to be revisited. In particular, at the 5 August 2021 meeting a resolution (PLA/2021/97) was made in relation to applying policy 3(d) of the NPS-UD. As the Enabling Act has replaced policy 3(d) with new wording, these resolutions are no longer current and can be rescinded.
15. The change to policy 3(d) now requires the Planning Committee to endorse a new set of principles to apply this policy in the forthcoming plan change that will implement the NPS-UD.
16. The result of the change to policy 3(d) is that intensification will now be applied to different areas of Auckland. The previous policy 3(d) focussed intensification in areas with high levels of accessibility and high demand. This would have resulted in most intensification being concentrated on the Auckland Isthmus area, along with some areas of the lower North Shore. The new direction of policy 3(d) results in the areas of intensification being more dispersed throughout all of urban Auckland, focusing on the areas adjacent to Auckland lower order centres (Neighbourhood, Local, Town Centres).
17. The previous policy 3(d) was often referred to as being the intensification direction for ‘all other locations’. The new policy 3(d) no longer covers ‘all other locations’ but rather more discrete areas, being the land ‘within and adjacent to’ the Neighbourhood, Local, and Town Centres across Auckland. The ‘all other locations’ intensification direction has been replaced by the new Medium Density Residential Standards (‘MDRS’) that were also introduced by the Enabling Act.
18. The application of the MDRS across Auckland will be covered in a separate report to the Planning Committee and this report covers only how the new policy 3(d) is to be applied.
Tātaritanga me ngā tohutohu
Analysis and advice
19. Policy 3(d) now directs intensification around neighbourhood, local and town centre zones. The level of intensification is directed to be ‘commensurate’ with the level of commercial activity and community services in the centre.
20. In order to apply the new policy 3(d) in the forthcoming plan change that will implement the NPS-UD, the level of commercial activity and community services in each centre needs to be determined. A method has been developed to determine the level of commercial activity and community services in each centre. This method calculates the level of activities and services based on each centre’s:
· Place in the operative zoning hierarchy
· Size
· Accessibility (catchment).
Place in the centres operative zoning hierarchy
21. Neighbourhood, Local and Town Centres are types of business zones in the AUP. Each type of centre is outlined below in ascending order of the hierarchy.
Zone |
Zone description |
Number of centres in Auckland |
Average size of centres |
Centre examples |
NeighbourhoodCentre |
The Neighbourhood Centre Zone applies to single corner stores or small shopping strips located in residential neighbourhoods. They provide residents and passers-by with frequent retail and commercial service needs. Typically, the Neighbourhood Centre zone applies to small groups of ‘corner shops’ (i.e. dairy, takeaways, bakery) as well as one-off dairies and service stations. |
400+ |
0.3ha |
|
Local Centre |
The Local Centre Zone applies to a large number of small centres throughout Auckland. The centres are generally located in areas serviced by good public transport. The zone primarily provides for the local convenience needs of surrounding residential areas, including local retail, commercial services, offices, food and beverage, and appropriately scaled supermarkets. |
74 |
3ha |
Waiuku (pictured), Gulf Harbour, Beach Haven, Dawsons Road, Massey Road. |
Town Centre |
The Town Centre Zone applies to suburban centres throughout Auckland. The centres are typically located on main arterial roads, which provide good public transport access. The zone services a wider area than local centres and provides for a wide range of activities including commercial, leisure, residential, tourism, cultural, community and civic services. Most centres are identified for growth and intensification. |
44 |
10ha |
Mangere (pictured), Helensville, Whangaparaoa, Point Chevalier, Ponsonby, Stoddard Road, Manurewa, Pukekohe. |
22. Further to the information in the above table, neighbourhood centres are typically very small sets of shops or even standalone dairies and service stations. Therefore, they are not deemed to have a level of commercial activity and community services to warrant any further adjacent intensification (above the MDRS that applies across all relevant residential zones). The MDRS enables three storey buildings with no density limits and this is considered to be more than commensurate with the level of commercial activity and community services in the Neighbourhood Centre zones across Auckland.
23. As Local and Town Centres are higher in the hierarchy, it is possible that they could have a level of commercial activity and community services commensurate with intensification adjacent to the centre that is greater than the MDRS (i.e. THAB). These centres are further analysed below as to their size and accessibility to help determine their level of activities and services.
Size of centres
24. There is a large variation in sizes of the Local and Town Centres across Auckland, ranging from as small as 0.25ha to over 25ha (zoned footprint). One way to determine the different levels of commercial activities and community services in each Local and Town Centre across Auckland is to measure the floorspace of the activities that are present in and around each centre. That is, the area of retail, restaurants, offices, and community services (libraries, leisure centres, education facilities) etc. The rationale for this measurement is that the larger the area of the centre, the more commercial activities and community services it will likely contain.
25. However, in addition to requiring a high degree of analysis to determine what each centre offers, this method only captures a ‘snapshot’ in time of what occurs in each centre. Centres are dynamic and some activities have a relatively high churn rate. For example, an existing commercial building in a centre could be tenanted by a restaurant one year, but the next year it could be converted into an office, or a shop, or be vacant. Measuring the commercial activities of a centre at a set point in time does not capture this. When planning for intensification adjacent to these centres over the long term, it is better to determine the potential of what could occur in each centre, rather than simply what is occurring today.
26. The potential activities in each centre can be determined by looking at what the current AUP zoning enables. The Local and Town Centre zones enable a wide range of activities to occur as permitted activities (no resource consent required) such as retail, restaurants, offices, supermarkets, community facilities, education facilities, healthcare facilities, recreation facilities, light manufacturing, warehousing, marae complexes, etc. The Town Centre zone has the potential for larger types of commercial activities with more variety than the Local Centre zone due to the zone’s slightly more enabling provisions.
27. The potential level of commercial activities and community services of each centre is then measured using the size of each centre zone. It is noted that a floorspace measurement (mentioned earlier) could accurately differentiate the centres that may have higher building coverage and/or multi-level buildings. However, a floorspace measurement would again only capture a ‘snapshot’ in time of each centre’s floorspace. As stated above, when planning for intensification adjacent to these centres over the long term, it is better to determine the potential of what could occur in each centre, rather than simply what is occurring today.
28. The Local and Town Centre zones are enabling of quality new buildings to be established. New buildings do require a resource consent to assess their design and appearance, but the centre zones enable a generous amount of height and unlimited building coverage. Essentially, a well-designed building with a large amount of floorspace could conceivably be consented and built in the Local and Town Centre zones at any time and this could dramatically change the total floorspace of that centre. It is noted that the Town Centre zone generally enables more floorspace than the Local Centre zone due to the more generous development standards (e.g. height).
29. To truly measure the potential size of each Local and Town Centre, a basic zone footprint measurement of all the centres has been used (rather than the current floorspace). After measuring the zone footprint of the centres, the centres that were less than the average size for their type (Local or Town) were classified as ‘small’ and the centres above the average size were classified as ‘large’.
Accessibility (catchment) of centres
30. When considering intensification adjacent to Local and Town centres it is also important to consider the accessibility of the centre, or its catchment (i.e. how many people can access it). The rationale for this is that the larger the catchment, the higher the level of commercial activities and community services are likely to be in the centre (both now and in the future).
31. To determine the catchment of each centre a calculation was done to measure how many jobs are accessible and how many people live within a 45-minute public transport trip from each centre. Where the number of jobs and people living within 45-minutes of a centre was in the lower half of the ranking, accessibility was classified as ‘low’, and the higher half classified as ‘high’.
32. Tables classifying all the local and town centres by size and accessibility are included in Attachment A.
Building heights and density of built form on land adjacent to the centre zones
33. The land adjacent to Neighbourhood Centre zones has already been disregarded for further intensification due to their status at the bottom of the centres hierarchy. Neighbourhood centres are very small and can be just a single shop. They are not considered to have a level of commercial activity and community services to warrant any further intensification adjacent to the centres.
34. However, the MDRS still applies across all relevant residential zones adjacent to neighbourhood centres. The MDRS enables three storey buildings with no density limits. This adjacent density is considered to be more than commensurate with the level of commercial activity and community services in neighbourhood centres across Auckland. This is another reason why no further policy 3(d) intensification is recommended around neighbourhood centres.
35. With regards to local and town centres, they may be suitable for intensification depending on their size and accessibility. Where intensification is recommended adjacent to a Local Centre or Town Centre under policy 3(d), the THAB zone is to be applied.
36. The THAB zone enables heights of 16m (generally five storeys) and therefore is generally consistent with the heights in the Local and Town Centres (generally 16m).
Which sites are ‘adjacent’ to the centres?
37. Policy 3(d) refers to building heights and density of urban form ‘adjacent’ to neighbourhood, local and town centres. The term ‘adjacent’ is not defined in the Enabling Act nor in the Resource Management Act (1991) itself. There is also no definition of ‘adjacent’ in the AUP.
38. The term adjacent has a common meaning which is “close to, but not necessarily adjoining another site”. The term adjacent has been defined by the Courts as “lying near or close; adjoining; continuous; bordering; not necessarily touching”. It may not be limited to adjoining land and may include nearby properties.[1]
39. For the purposes of implementing policy 3(d) in the Auckland context, land ‘adjacent’ to centres will generally consist of the land directly adjoining the centre, as well as additional properties that are considered to be ‘close to’ or ‘near’ the centre.
40. To quantify what ‘close to’ or ‘near’ to the centre means, reference is had to the intensification required around Metropolitan Centres under policy 3(c) of the NPS-UD. This has been determined by the council to be around an 800m catchment (10-minute walk). A consistent approach to the ‘adjacent’ land under Policy 3(d) for the lower order centres means that the area of land considered adjacent should be smaller than 800m. Two distances of 400m (5-minute walk) and 200m (2.5-minute walk) have therefore been used for this exercise.
Intensification ‘within’ the centres
41. Policy 3(d) also refers to building heights and density of urban form within neighbourhood, local and town centres. The building heights and density of urban form within the centres are generally considered to already be commensurate with the level of commercial activity and community services in Auckland’s neighbourhood, local and town centres.
42. In terms of the density of built form, all the centre zones themselves enable generous density standards and no changes are considered necessary to these standards.
43. In terms of building heights, the enabled heights in the centre zones increases through the hierarchy from around three storeys to six or more storeys (as the level of commercial activity and community services increase). Based on this, no further changes are proposed for the centre heights.
44. However, it is noted that the Height Variation Control (‘HVC’) in the AUP applies within a number of centre zones across Auckland. The control applies various maximum height standards for different centres (or parts of centres). Each centre with an HVC will also need to be individually assessed as to whether the heights in the HVC are commensurate with the level of commercial activity and community services in that centre.
45. A potential reason to amend the heights of various Local and Town Centre zones in Auckland is that the HVCs applying to these centres may result in the heights within the centre itself being lower than the surrounding residential area (following the ‘adjacent’ intensification under policy 3(d)). Further work will be required to determine whether the HVCs within the centre zones are still appropriate.
46. Based on the discussion above, the following principles have been developed to guide the policy 3(d) intensification within and adjacent to Neighbourhood, Local and Town Centres and staff recommend them to the committee for endorsing:
· No change to building heights and density of urban form within Neighbourhood, Local and Town Centre zones (subject to a review of the Height Variation Controls to ensure consistency with the heights of proposed new zones surrounding the centres)
· No additional Policy 3(d) intensification (beyond the MDRS) for:
o All Neighbourhood Centres
o Local Centres that are small in size and/or have low accessibility
o Town Centres that have low accessibility
· Apply the THAB zone to residential zoned sites adjacent to the edge of a centre zone (up to around 200 metres) for:
o Local Centres that are both large in size and have high accessibility
o Town Centres that are small in size, but have high accessibility
· Apply the THAB zone to residential zoned sites adjacent to the edge of a centre zone up to around 400 metres for:
o Town Centres that are large in size and have high accessibility.
47. Preliminary mapping work undertaken to date indicates that application of the principles above would result in the following outcomes:
· 11 centres in north and west Auckland have THAB (new or additional) applied to them.
· 22 centres in the central isthmus have THAB (new or additional) applied to them.
· 11 centres in south and east Auckland have THAB (new or additional) applied to them.
· No policy 3(d) intensification is proposed in any rural settlement or on any offshore island (e.g. Hauraki Gulf islands).
Figure 1: Map showing the preliminary outcomes of the principles recommended in this report.
Tauākī whakaaweawe āhuarangi
Climate impact statement
48. Objective 8 and policy 1 of the NPS-UD set out a policy framework that signals the need for decisions under the RMA to reduce emissions and improve climate resilience.
49. This framework is in line with the 'built environment' priority of Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan, which has a goal of achieving "A low carbon, resilient built environment that promotes healthy, low impact lifestyles". The plan recognises that:
"To move to a low carbon and resilient region, climate change and hazard risks need to be integral to the planning system that shapes Auckland. Integrating land-use and transport planning is vital to reduce the need for private vehicle travel and to ensure housing and employment growth areas are connected to efficient, low carbon transport systems."
50. Applying the new policy 3(d) to Auckland will enable residential intensification to occur in areas where jobs, services and amenities can be easily accessed by active modes and public transport. This will contribute to reducing greenhouse gas emissions and the more efficient use of land will reduce growth pressures in areas more susceptible to the impacts of climate change.
51. A more detailed analysis of climate impacts will be possible once the mapping work required to implement the NPS-UD and the Enabling Act is progressed to a more advanced stage. As well as responding to the intensification requirements of the NPS-UD and Enabling Act, this mapping work will also apply qualifying matters such as avoiding natural hazards associated with climate change (e.g. coastal inundation and erosion associated with sea level rise).
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
52. All relevant council departments and Council Controlled Organisations (Auckland Transport and Watercare) have been involved in the investigation into applying the new policy 3(d). They will have an ongoing role in the development of the plan change to implement the NPS-UD and its progress through to the hearing of submissions.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
53. Local boards have been briefed on the implications of the NPS-UD and local board chairs were invited to the series of Planning Committee workshops run in 2021 on the NPS-UD.
54. Local boards will receive a detailed briefing on the council’s preliminary response in early March 2022 through workshops. This will be in advance of the wider NPS-UD public engagement on the intensification plan change.
55. Local boards will have the opportunity to provide formal feedback in mid-2022 prior to the Planning Committee receiving the draft proposed plan change for a decision to notify in August 2022.
Tauākī whakaaweawe Māori
Māori impact statement
56. Auckland Council has obligations under Te Tiriti o Waitangi and its Significance and Engagement Policy to take special consideration when engaging with Māori and to enable Māori participation in council decision making to promote Māori well-being
57. The NPS UD provides for the interests of Māori through both its identification of qualifying matters and in its objectives and policies. The widespread intensification sought by the NPS-UD has the potential to affect Māori both negatively and positively. This includes with respect to culturally significant sites and landscapes, Treaty Settlement redress land, the urban form as it reflects mātauranga Māori and accessibility, and Māori facilities where customs and traditions are observed (such as marae).
58. The relevant qualifying matters include: (a) a matter of national importance that decision makers are required to recognise and provide for under section 6 of the RMA 1991, and (h) a matter necessary to implement, or to ensure consistency with, iwi participation legislation.
59. Policy 9 of the NPS-UD sets out the requirements for local authorities as follows:
“Local authorities, in taking account of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in relation to urban environments, must:
a) involve hapū and iwi in the preparation of RMA planning documents and any FDSs by undertaking effective consultation that is early, meaningful and, as far as practicable, in accordance with tikanga Māori; and
b) when preparing RMA planning documents and FDSs, take into account the values and aspirations of hapū and iwi for urban development; and
c) provide opportunities in appropriate circumstances for Māori involvement in decision-making on resource consents, designations, heritage orders, and water conservation orders, including in relation to sites of significance to Māori and issues of cultural significance; and
d) operate in a way that is consistent with iwi participation legislation.”
60. Policy 9 directs council to involve iwi and hapū in the NPS-UD, during the preparation of planning documents, and take into account the values and aspirations of hapū and iwi for urban development in the region. In the context of the NPS UD, the council must involve mana whenua and mataawaka within the region.
61. All mana whenua entities recognised by council receive ongoing invitations to engage and provide feedback on the NPS UD programme. All representatives (including those electing not to participate in collective meetings or workshops) receive information, updates and hui notes. The council planning team encourage and ask iwi representatives to share key programme information with appropriate advisors, specialists and staff within their tribal organisations.
62. Since October 2021, council staff have been engaging with mandated mana whenua representatives at both Governance and Kaitiaki levels on the NSP-UD and its wider implications across the region. This has been through collective and individual hui. Collective hui have been held on average every 4 to 6 weeks (excluding the Christmas period).
63. As the implications of the NPS UD have become more apparent, particularly through the enacting of the Resource Management (Enabling Housing Supply and Other Matters) Amendment legislation in December 2021, potentially affected mataawaka facilities and location specific mataawaka groups have been identified. This identification been done in consultation with the council’s Ngā Mātārae department and the Plans and Places’ Māori Heritage Team. Targeted engagement with these groups is to commence in late February and through to April this year.
64. Council staff have presented to and provided updates to the Tāmaki Makaurau Mana Whenua Forum and its relevant Pou (Te Pou ToiToi Manawa, Te Pou Taiao, Te Pou Oranga) since October 2021.
65. The engagement being undertaken is consistent with Clause 3(1)(d) of Schedule 1 of the RMA which is a requirement for standard plan change processes.
66. Individual and collective engagement has raised several key themes relating to such matters as the protection of scheduled and known cultural heritage and managing potential interface effects with existing marae.
67. This is supported by research undertaken by the council team in advance of discussions with mana whenua, which has drawn on a wide range of council documents and publicly available information.
68. Common themes that have been identified include:
a) Universal access provided in residential design for less able whanau members
b) Access to open space for health and wellbeing
c) Safe and connected whānau and communities
d) Access to affordable housing options
e) Access to customary activities eg. waka launching, kaimoana gathering
f) Protection of Māori sites of significance
g) Provisions for Kohanga reo and Kura Kaupapa Māori in urban areas
h) Use of Māori design and naming in development
i) Use of Mātauranga and Tikanga Māori in the management of resources
69. This research has been provided to mana whenua representatives and helps to guide individual and collective discussions.
70. The engagement team are actively working across the project workstream leads to consider these matters and are reporting back to the mana whenua representatives on project progress.
Ngā ritenga ā-pūtea
Financial implications
71. Work on the NPS UD has been progressing within existing budgets. However, the recent passing of the Enabling Act has resulted in a significant increase in the scale and complexity of the project without any changes to the NPS UD implementation timeframes. This will require a greater than anticipated level of change to our Unitary Plan, and we expect this to result in a higher level of public participation and potential feedback and submissions.
72. The financial impact of these changes will affect the current 2021-2022 financial year, the 2022-2023 financial year and potentially the following year. While we expect additional costs in the current financial year can be met through a re-prioritisation of work programmes within the Planning division, further costs primarily relating to operation of an independent hearings panel and engagement of specialists may require re-prioritisation of other work programmes from across council. Planning for the 2022-2023 financial year is currently underway, however any impacts will be of a scale that will not affect the council’s overall financial position.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
73. The government has set a deadline of August 2022 for the council to publicly notify a plan change to implement the intensification provisions of the NPS-UD. The time until then will be focused on preparing the plan change, the section 32 reporting that supports the plan change and undertaking pre-notification engagement. Attending to these process matters mitigates the risk of challenges to the council’s statutory process of submissions and hearings.
Ngā koringa ā-muri
Next steps
74. Should the committee endorse the principles in this report to apply policy 3(d) of the NPS-UD, the resulting changes to the AUP will be included in the draft proposals that will be presented to the Planning Committee on 31 March 2022 for approval to engage with Aucklanders from mid-April to early May 2022. Feedback received during this period will be analysed and presented to the Planning Committee to inform the completion of the proposed intensification plan change that must be notified for submissions by 20 August 2022.
Attachments
No. |
Title |
Page |
a⇩ |
Classifying local and town centres for size and accessibility |
81 |
Ngā kaihaina
Signatories
Author |
Ryan Bradley - Senior Policy Planner |
Authorisers |
John Duguid - General Manager - Plans and Places Megan Tyler - Chief of Strategy |
03 March 2022 |
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Summary of Planning Committee information items and briefings – 3 March 2022
File No.: CP2022/02097
Te take mō te pūrongo
Purpose of the report
1. To receive a summary and provide a public record of memos or briefings 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 and briefings have taken place:
Date |
Subject |
16/2/2021 |
4. Confidential: National Policy Statement for Urban Development - Implementation in the city centre, and Priority Location – Waterfront (no attachment) |
23/2/2021 |
Confidential: National Policy Statement for Urban Development - Quality Built Environment and enabling 6+ storeys within Walkable Catchments, new policy 3(d), carparking and private ways (no attachment) |
5. The following memoranda and information items have been sent:
Date |
Memoranda, Correspondence, Information Item |
February 2022 |
Auckland Monthly Housing Update – February 2022 |
14/2/2022 |
6. Memo: Streets for People Programme |
23/2/2021 |
Memo: Implications of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 |
7. These documents can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top left of the page, select meeting/Te hui “Planning Committee” from the drop-down tab and click “View”;
o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.
8. 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.
Recommendation/s That the Planning Committee: a) tūtohi / receive the Summary of Planning Committee information items and briefings – 3 March 2022.
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Attachments
No. |
Title |
Page |
Auckland Monthly Housing Update – February 2022 (Under Separate Cover) |
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Memo: Streets for People Programme (Under Separate Cover) |
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Memo: Implications of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (Under Separate Cover) |
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Ngā kaihaina
Signatories
Author |
Kalinda Iswar - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor |
Authoriser |
Megan Tyler - Chief of Strategy |
Planning Committee 03 March 2022 |
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Review of the Forward Work Programme - Planning Committee
File No.: CP2022/02155
Te take mō te pūrongo
Purpose of the report
1. To arotake / review and tuhi / note progress on the 2022 Planning Committee forward work programme included as Attachment A.
Whakarāpopototanga matua
Executive summary
2. The forward work programme for the Planning Committee was adopted by the committee at its meeting held on 13 August 2020. It was agreed that the forward work programme would be reported for information and reviewed regularly.
3. The Planning Committee work programme was reviewed 5 August 2021.
4. The Governing Body has now adopted the Recovery Budget (10-year Budget 2021-2031) and committee forward work programmes should reflect those decisions.
5. Following approval, all committee forward work programmes will be reported to the Governing Body in April and October each year, for oversight as per the Terms of Reference.
6. The current forward work programme for the Planning Committee is included as Attachment A.
7. Specific amendments have been made since the last review in August 2021, as follows:
i) reporting on approved plans and policies has been moved to the “completed” section of the document.
ii) any new additions will be highlighted in red text
iii) any
deletions will be shown in strikethrough.
8. Following the approval of the forward work programme, it will be reported to the Governing Body on 28 April for oversight as per the Terms of Reference.
Recommendation/s That the Planning Committee: a) riro / receive and arotake / review the progress on the 2022 Planning Committee forward work programme included as Attachment A of the agenda report. b) whakaae / approve the forward work programme to October 2022.
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Ngā tāpirihanga
Attachments
No. |
Title |
Page |
a⇩ |
Planning Committee forward work programme |
89 |
Ngā kaihaina
Signatories
Author |
Kalinda Iswar - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor |
Authoriser |
Megan Tyler - Chief of Strategy |
Planning Committee 03 March 2022 |
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Kōmiti Whakarite Mahere / Planning Committee Forward Work Programme 2022 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 full terms of reference can be found here. |
Area of work and Lead Department |
Reason for work |
Committee role (decision and/or direction) |
Expected timeframes Highlight the meeting(s) this is expected to come to committee in 2022 |
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3 Feb |
3 Mar |
31 Mar |
5 May |
2 Jun |
30 Jun |
4 Aug |
1 Sep |
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Urban Growth and Housing |
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National Policy Statement on Urban Development and related enactments Chief Planning Office |
The National Policy Statement on Urban Development (NPS UD) was gazetted by the government on 20 July 2020 and comes into force on 20 August 2020 with ongoing timeframes for implementation. The purpose of the NPS UD is to require councils to plan well for growth and ensure a well-functioning urban environment for all people, communities and future generations. The Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 will result in significantly more land within urban Auckland being affected by the intensification plan change required under the NPS UD. The Act requires medium density residential standards be incorporated into the Auckland Unitary Plan. |
Decisions sought will include: ·
consideration of the significant policy and implementation issues that are
presented by the NPS on Urban Development, approve the detailed work
programme for the next phase of work · approval to proceed with plan changes and to notify plan changes; · consider engagement approach with Aucklanders (proposed to take place in April) on the NPS UD/Enabling Housing Supply Act ‘intensification plan change Progress to date: Endorsed work programme PLA/2021/8 and workshops held Feb – Jul 2021. Received findings of Housing Development Capacity Assessment PLA/2021/77 Approved development of a plan change to Regional Policy Statement of the Auckland Unitary Plan PLA/2021/78 Endorsed approaches to the intensification provisions relating to walkable catchments, special character areas and qualifying matters PLA/2021/80 and all other locations PLA/2021/97 Endorsed the development of a plan change to address matters arising from the removal of carparking minimums PLA/2021/104
The 2022 work programme includes workshops in February and March with reports due on 31 March and 1 September. Topics include: · Implementation of the NPS UD in the city centre · Quality built environment and enabling 6+ storey within ‘walkable catchments’ · Issues arising from the removal of parking minimums and private ways · Intensification plan change proposals |
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Future Development Strategy Auckland Plan, Strategy and Research |
Within the NPS UD framework, there is a requirement to complete a Future Development Strategy (FDS) in time to inform the 2024 Long-term Plan. The purpose of the FDS is to help Council set the high-level vision for accommodating urban growth over the long term and identify strategic priorities to inform other development-related decisions. The FDS will spatially identify where long- term growth should happen. |
Decision required: endorsement of the interim strategic direction of the Future Development Strategy Progress to date: Workshops are planned for March, May June and July 2022. Report due 1 September. Further committee decisions will be needed in the first half of 2023. |
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Affordable Housing Chief Planning Office |
To progress the resolution (PLA /2019/17) on Auckland Council’s role and position on affordable housing in phases: Progress report and approach to advice |
Decision required: receive Affordable Housing progress update and insights Progress to date: Forward work programme approved and political working party formed PLA/2020/65 Update memo November 2021 Report due August 2022. |
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Crown Auckland Council Joint Work Programme Chief Planning Office |
Quarterly update on the Crown and Auckland Council Joint Work Programme on Urban Growth and Housing. |
Decision required: Generally none. Receive updates by memorandum on JWP and any proposed changes to the workstreams. |
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Updated Area Plans for parts of Māngere-Ōtāhuhu and Ōtara-Papatoetoe Plans and Places |
Area plans are non-statutory documents which provide a framework to support growth and development in the area over the next 30 years. Approval of the area plans by the Māngere-Ōtāhuhu and Ōtara-Papatoetoe local boards will be sought in August 2022.
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Decision required: consider and adopt the updated area plans Report due 1 September. |
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Integrated Area Plan for parts of Albert Eden and Puketāpapa Local Boards Plans and Places |
Area plans are non-statutory documents which provide a framework to support growth and development in the area over the next 30 years. Endorsement of the integrated area plan by the Albert-Eden and Puketāpapa local boards will be sought in July/August 2022.
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Decision required: consider and adopt the area plan Report due 1 September. |
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Unitary Plan Monitoring including Climate response (led by Plans and Places) |
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Auckland Unitary Plan Monitoring Report Plans and Places |
Statutory requirement under
section 35 of the Resource Management Act to provide a comprehensive
monitoring report five years from date the Auckland Unitary Plan became
‘operative in part’ (i.e. by November 2021). |
Decisions required: Interim reports seeking committee feedback and decisions on possible plan changes ahead of the review of the Auckland Unitary Plan in 2026. Reports due 5 May, 2 June, 30 June and 4 August 2022.
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Enabling Rainwater Tanks Plan Change Plans and Places |
Mandating the installation of rainwater tanks in certain situations. |
Decisions required: committee to consider options and recommendations Progress to date: Delegated authority to approve notification of the plan change PLA/2020/47 Memo update October 2021. Report due 31 March 2022.
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Auckland Plan 2050 |
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Auckland Plan Annual Scorecard (monitoring report) and Annual Update Auckland Plan, Strategy and Research |
To report annual progress against the 33 measures of the Auckland Plan 2050 |
Decision required: Progress to date: The next annual monitoring report is due 30 June. |
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Resource Management Act framework reform |
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Resource Management system reform – Natural and Built Environment Bill
Auckland Plan, Strategy and Research |
The Natural and Built Environments Act (NBA) to provide for land use and environmental regulation (this would be the primary replacement for the current RMA) Resource management is a core aspect of Auckland Council’s role. The size and scope of this reform means that these reforms will shape council’s strategic context for at least the next decade. |
Decision required: approval of council approach and submission.
The bill is expected to be introduced in the second half of 2022. Progress to date: authority delegated to approve council’s input on Transforming Aotearoa New Zealand’s resource management system discussion materials PLA/2022/3 February 2022
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TBC |
TBC |
Resource Management system reform – Strategic Planning Bill
Auckland Plan, Strategy and Research |
The Strategic Planning Act to integrate with other legislation relevant to development (such as the Local Government Act and Land Transport Management Act) and require long-term regional spatial strategies. Resource management is a core aspect of Auckland Council’s role. The size and scope of this reform means that these reforms will shape council’s strategic context for at least the next decade. |
Decision required: approval of council approach and submission
The bill is expected to be introduced in the second half of 2022. |
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TBC |
TBC |
Resource Management system reform – Managed Retreat and Climate Change Adaptation Bill
Auckland Plan, Strategy and Research |
The Managed Retreat and Climate Change Adaptation Act to enable and address issues associated with managed retreat and funding and financing adaptation. Resource management is a core aspect of Auckland Council’s role. The size and scope of this reform means that these reforms will shape council’s strategic context for at least the next decade. |
Decision required: approval of council approach and submission
Consultation is likely to occur alongside consultation on the National Adaption Plan in early or mid-2022. |
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TBC |
TBC |
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National Policy Statements |
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National Policy Statement for Freshwater Management 2020 – implementation approach Chief Planning Office |
The NPS-FM was adopted by central government in September 2020. A high -level implementation plan has been approved; preceding plan changes required before the end of 2024. |
Decision required: to approve key policy responses developed with Mana Whenua to enable next steps, including broader engagement. Progress to date: Memo update August 2021. Report due 2 June 2022. |
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Proposed National Policy Statement on Highly Productive Lands Chief Planning Office |
The finalisation of the proposed NPS-HPL is due to be considered by central government in 2022. If adopted, this will have implications for land use in the Auckland region, and how highly productive lands are recognised and managed. |
Decision required: to consider council’s approach to implementation of any finalised NPS-HPL in the Auckland region. |
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Proposed National Policy Statement on Indigenous Biodiversity Chief Planning Office |
The finalisation of the
proposed NPS-IB is due to be considered by central government after May 2022. |
Decision required: to consider council’s approach to implementation of any finalised NPS-IB in the Auckland region. |
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Transport Strategy Programme (led by Auckland Plan Strategy & Research, CPO in conjunction with others) |
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Congestion Question |
The Transport and Infrastructure Committee is conducting an inquiry into congestion pricing in Auckland. |
Decision required: A Cabinet decision on legislative change is expected in July 2022. Following Cabinet’s decision, a committee paper would be provided asking approval for council staff to begin work with Auckland Transport to develop a scheme proposal by 2024 for consideration by the Government. Progress to date: Authority delegated to provide direction and approve submission May 2021 PLA/2021/36 – PLA/2021/37 Memo update on select committee’s recommendations September 2021 Progress update memo planned for late March 2022 Report due in August (dependent on Cabinet decision). |
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Auckland Light Rail |
Cabinet announced its decisions on the next steps for Auckland Light Rail in January 2022.To date Auckland Council has been represented on the Sponsor’s Group and on the Establishment Unit Board. Council staff are working with central government officers on the next iteration of governance arrangements for councillors to make decisions on these and other matters.
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Decision required: to be confirmed |
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Increasing mobility options & networks (walking, cycling & micro-mobility, & connecting networks) |
Increasing the cycling mode share is a priority for Council. The Programme Business Case will recommend the package required to increase cycling mode share as well as recommending policy changes to lift and normalise cycling. Council’s support for these aspects of the programme will be crucial.
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Decision required: formal consideration of Auckland Cycling and Micromobility Programme Business Case Progress to date: Workshop held December 2021. Report due 31 March 2022. |
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Auckland Transport |
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Construction at the Te Atatu Road and Lincoln Road interchanges will take place from February 2022 - mid-2023 to allow for the new bus network rolled out in West Auckland. The Westgate Bus Station is in the design phase. Temporary bus stops will be in place by mid-2023 to support the new bus network.
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Receive updates |
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Access for Everyone business case |
The A4E Programme Business Case was endorsed by the Auckland Transport Board 24 February 2022. It is now proceeding through the Waka Kotahi/New Zealand Transport Agency approval processes.
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Receive updates |
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Northern Busway enhancements |
Auckland Transport has completed the Detailed Business Case and earlier implementation funding is being sought as the funding for the project in the Regional Land Transport Plan is allocated in financial years 2027/28 – 2030/31.
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Receive updates |
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Auckland Parking Strategy
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AT has started work on updating some parts of its 2015 parking strategy. The indicative completion date is August 2022.
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Decision required: strategic direction and delegation to approve discussion document. Endorsement of draft strategy, public consultation on draft strategy and the adoption of the final parking strategy. Progress to date: Confidential workshops held June and October 2021. Endorsement
of strategic direction underpinning development of the 2022 Parking Strategy
and authority delegated to endorse the Parking Discussion Document November
2021 PLA/2021/125 |
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Auckland Rapid Transit Plan |
The Auckland Rapid Transit Plan has significant implications for Auckland’s future growth and urban form, and development of the preferred network will involve significant capital investment over the next three decades.
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Decision required: Endorsement of Auckland Rapid Transit Plan. Progress to date: Workshop planned for May. Report due 2 June. |
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Auckland Regional Public Transport Plan |
The Regional Public Transport Plan is a statutory document that needs to be updated every 3 years to reflect the outcomes of the RLTP. It outlines the current public transport system, the changes planned over the next decade and details policies related to the operation of the transport network. Auckland Transport are seeking council’s endorsement of the strategic direction for public transport in Auckland to help guide the development of the RPTP.
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Decision required: Endorse strategic direction for the project. Progress to date: Workshops indicated to take place in April. Report due 5 May. |
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Programme development for Waka Kotahi’s Streets for People fund |
The Waka Kotahi Streets for People programme is seeking projects and programmes that will be designed using the learnings from the Innovating Streets programme (2019). This new programme will aim to deliver trials, tactical urbanism interventions and complementary initiatives across the region, to reduce transport emissions through encouraging mode shift to active modes.
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Decision required: Endorsement of a proposed programme to be submitted to Waka Kotahi by Auckland Transport Progress to date: Workshop planned for 25 May. Report due 30 June. |
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Auckland Transport’s Interim Speed Management Plan |
The Auckland Plan envisages a transport network free of death and serious injury by 2050. To meet this goal, Auckland Transport has developed Vision Zero for Tāmaki Makaurau with the council and other partners. The interim speed management plan will play a significant role in delivering Vision Zero.
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Direction required: Provide feedback on the next phase of safe speeds. Progress to date: Workshop planned for 6 April. |
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Infrastructure |
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National 30-year Infrastructure Strategy APSR |
This will replace the current national 30-year plan. It will consider how infrastructure might support environmental, social, cultural, and economic wellbeing |
Decision required: to be confirmed Progress to date: Authority delegated to approve council’s submission on the Infrastructure Commission’s National Infrastructure Strategy 3 June 2021 PLA/2021/54 The draft strategy will be presented to the Minister for Infrastructure in September 2021. The final strategy will be tabled in Parliament by early 2022. Possible briefing from the Infrastructure Commission on ministerial decisions before June 2022. |
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Infrastructure Acceleration Fund |
The results of the Infrastructure Acceleration Fund request for proposal are expected from the Crown by May 2022. |
Receive updates. Memo update on results of request for proposal process May 2022. |
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Heritage |
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Regional Historic Heritage Grant Plans and Places |
Regional Historic Heritage Grants Programme 2021/2022 funding round. |
Decision required: approval of the grant recommendations. Report due 3 March. |
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Auckland Unitary Plan oversight |
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Making Plan Changes Operative Plans and Places |
Statutory Resource Management Act requirement to make council and private plan changes operative once the decision on the plan change is made and any appeals are resolved. |
Decision required: Make plan changes operative. |
As and when required |
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Private Plan Changes Plans and Places |
Private plan change requests not dealt with under staff delegation. These will be brought to committee as and when required. |
Decision required: Accept/adopt/reject/deal with the request as a resource consent application. |
As and when required |
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Plan Change – Residential Plans and Places |
Monitoring of the Auckland Unitary Plan has indicated that some improvements can be made to the provisions for residential development. |
Decision required: Provide direction on the scope and timing of a potential plan change. Progress to date: Endorsed the preparation of a plan change for Integrated Residential Development provisions PLA/2020/115 Update memo received in July. Workshop held October 2021. Further workshop planned for February 2022. |
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Māori Heritage Sites of Significance Plans and Places |
Second tranche of plan changes to identify Māori Heritage sites and places of significance |
Decision required: To approve the plan change Progress to date: Frist tranche approved and made operative PLA/2021/6 Second tranche considered September 2021 PLA/2021/108 Workshops indicated for June with a report due mid-2022. |
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Converting Road Reserve,
Unformed Legal Roads & Pedestrian Accessways to Plans and Places
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Scoping report identifying opportunities to offer unutilised areas of road reserve and unformed legal roads back to Māori former landowners |
Decision required: Consider recommended approach. |
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Plan Change 60 – Open Space and Other Rezoning Matters Plans and Plans / Eke Panuku Development Auckland
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Plan change to rezone land to recognise land recently vested or acquired as open space, correct errors or anomalies, facilitate Eke Panuku’s land rationalisation and disposal process, and facilitate council or Kainga Ora’s redevelopment of some neighbourhoods. |
Decision required: Approve plan change in part. Part of the plan change will form part of the intensification plan change required by the National Policy Statement for Urban Development. Report due 2 June. |
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Coastal hazard maps plan change Plans and Places |
Plan change to update the Auckland Unitary Plan definition of “coastal erosion hazard area” with a reference to new coastal erosion maps and to remove the coastal storm inundation map from the plan. Funding for this plan change was approved as part of the targeted rate for climate change in 2021/22. |
Decision required: Approve notification of the plan change Report due 2 June. |
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Eke Panuku urban regeneration |
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Wynyard Point Eke Panuku Development Auckland |
Refreshed Wynyard Point |
Decision required: Endorsement for the Wynyard Point Endorsement for the Wynyard Point Plan Change for public notification. Workshop planned February 2022. Report due 30 June 2022. |
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Thriving Town Centres - Town Centre Guidelines for Eke Panuku locations Eke Panuku Development Auckland |
Guidance document to support future urban regeneration delivery and engagement with stakeholders and partners. As an operational document the guidelines will be approved by the Eke Panuku Board.
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Direction required: Approval of the guidelines for Eke Panuku locations Progress to date: October 2021 workshop held. Report due 31 March. |
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Onehunga Wharf Eke Panuku Development Auckland |
Onehunga Wharf masterplan leading to council led plan change to support future regeneration delivery. Status update pending from Eke Panuku. |
Direction required:
Support for a revised approach that covers feasibility of mixed-use development, options for wharf renewal and open space plans.
Report due 5 May |
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Eke Panuku Future Programme Eke Panuku Development Auckland |
TBA Status update pending from Eke Panuku. |
Decision required: Approval of the process to develop and engage on recommendations for the Eke Panuku future urban regeneration programme and funding models Report due 4 August. |
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Transit-oriented development opportunities – Eastern Busway Eke Panuku Development Auckland |
TBA Status update pending from Eke Panuku. |
Direction required: receive feedback on the Strategic Regeneration Overview for the Eastern Corridor development opportunities Progress to date: December 2021 workshop held. Report due 5 May. |
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City Centre Masterplan Implementation update Eke Panuku Development Auckland |
On 30 Nov 2021 the Planning Committee endorsed Eke Panuku as the lead agency for the implementation of City Centre Masterplan 2020 and the establishment of a council group matrix team. |
Decision required: Receive updates on implementing the City Centre Masterplan, engagement, programme business case and priorities. Updates will be provided through quarterly reporting. |
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Decisions of other committees which are relevant to the Planning Committee |
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Auckland Transport Alignment Programme (ATAP) |
As capacity allows staff from council and ATAP partner agencies will commence work on recommended indicative packages for decades two and three. |
Decision required: There is no ATAP work this year which will require decisions from the Planning Committee. The focus this year on transport emission reduction – which is being considered by the Environment and Climate Change Committee. Staff will provide the E&CC Committee with a progress update in March 2022
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Briefings to be confirmed |
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Ministry of Education – development programme for Auckland Chief Planning Office |
A briefing is being explored in conjunction with the Future Development Strategy work. The committee has indicated interest in hearing from the Ministry of Education on its plans for schools long term, and the current issues and challenges it faces. Including how legislative change affects schools particularly and the impacts of the National Policy Statement on Urban Development. |
No decision or direction required from the committee. |
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Completed
Lead Department |
Area of work |
Committee role (decision and/or direction) |
Decision |
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Chief Planning Office |
Kāinga Ora - Homes and Communities second Bill |
Approval process for council’s submission |
Political working group established to develop and approve submission by Planning Committee 5 December 2019 |
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Auckland Plan Strategy & Research, Chief Planning Office |
Submission on the Land Transport (Rail) Legislation Bill |
Review and approve council’s submission |
Council’s submission approved by Planning Committee 4 February 2020 |
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Chief Planning Office |
Submission on the Urban Development Bill |
Review and approve council’s submission |
Council’s submission approved by Planning Committee 4 February 2020 |
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Chief Planning Office |
Submission on the draft National Policy Statement Indigenous Biodiversity |
Review and approve council’s submission |
Council’s submission approved by Planning Committee 5 March 2020 |
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Auckland Plan Strategy and Research |
Auckland Plan 2050 Implementation and Monitoring |
Receive an update on the Auckland Plan 2050 and the first Auckland Plan 2050 Three Yearly Progress report |
Updates received by Planning Committee 5 March 2020 |
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Auckland Design Office |
City Centre Masterplan Refresh adoption |
Consider and adopt refreshed City Centre Masterplan |
City Centre Masterplan Refresh adopted by Planning Committee 5 March 2020 |
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Financial Strategy and Planning |
Submission on the Infrastructure Funding and Financing Bill |
Review and approve council’s submission |
Council’s submission approved by Planning Committee 5 March 2020 |
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Development Programmes Office |
Shovel-ready projects for Central Government |
Agreement on list for submission to central government |
Process agreed at Emergency Committee 9 April 2020 |
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Chief Planning Office |
Submission on the Accessible Streets Regulatory Package |
Review and approve council’s submission |
Council’s submission approved by Emergency Committee 16 April 2020 |
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Chief Planning Office |
Silverdale West Dairy Flat Structure Plan |
Consider and approve the final structure plan |
Final structure plan approved by Governing Body 30 April 2020 |
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Auckland Plan Strategy & Research, Chief Planning Office |
NZTA Innovating Streets Fund |
Approval of council approach and submission |
Endorsed first round of funding and approved process for developing the second round at Emergency Committee 7 May 2020 |
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Auckland Plan Strategy & Research, Chief Planning Office |
NZTA Innovating Streets Fund |
Approval of second round funding bids to NZTA |
Approved Council and AT proposed list of projects for further development and refining, and authority delegated to approve the final submission, at Planning Committee 4 June 2020 |
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Auckland Plan Strategy & Research, Chief Planning Office |
Government Policy Statement on Land Transport 2021-2031, and draft National Rail Plan |
Approve council submission on GPS and Draft national rail plan |
Council’s submission approved by Emergency Committee 7 May 2020 |
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Plans and Places |
National Environmental Standards on Air Quality – council submission |
Approve council submission |
Council’s draft submission endorsed, and authority delegated to approve final submission, Planning Committee 4 June 2020 |
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Chief Planning Office |
Resource Management Act Framework Fast-track consenting legislative change |
Approve council’s submission |
Authority delegated to approve council’s submission on the COVID-19 Recovery (Fast-track Consenting) Bill, at Planning Committee 4 June 2020 |
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Plans and Places |
Strategic Land Use Frameworks for Dairy Flat and Kumeu Huapai Future Urban Areas |
Approval to prepare strategic land use frameworks for Wainui Silverdale Dairy Flat and Kumeu-Huapai. |
Approved preparation of spatial land use frameworks, and established a Political Working Party to approve the draft spatial land use frameworks, at Planning Committee 2 July 2020 |
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Plans and Places |
Plan Change - Whenuapai |
Approve next steps. |
Next steps approved in confidential section of Planning Committee 2 July 2020 |
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Plans and Places |
Plan Change – Events on Public Space Enable events on public space that have obtained an event permit to be undertaken more easily. |
Endorsement of proposed plan change for notification. |
Notification of plan change approved at Planning Committee 3 September 2020 |
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Plans and Places |
Review of Schedule 10 Notable Trees Schedule |
Consider the timing of a full review of Schedule 10 – Notable Trees in the context of resourcing constraints and priorities |
Options for reviewing the schedule in future considered at 5 November Planning Committee. |
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Auckland Plan Strategy & Research |
Additional Harbour Crossing |
Consideration of finalised business case. The business case is a joint piece of work between Waka Kotahi NZ Transport Agency, Auckland Transport (AT) and Auckland Council. |
Business case considered, findings noted and support given to continue council’s involvement in the project, at 5 November Planning Committee |
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Auckland Plan Strategy & Research |
Congestion Question |
Consideration of findings in the Congestion Question project final report. |
Noted that phase two of the project is completed, received the report findings, considered scope of phase three and requested approvals and updates to return to the committee |
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Panuku Development Auckland, Auckland Transport and Auckland Council |
Downtown Carpark development outcomes |
Establish agreement on the Auckland Council group development outcome requirements for the Downtown Carpark to enable site sale through a contestable market process. |
Development outcomes confirmed in confidential section of the December 2020 Planning Committee meeting PLA/2020/120 and strategic transport outcomes agreed in June 2021 PLA/2021/52 |
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Auckland Transport |
Auckland Cycling Programme Business Case Review |
Agree committee members to participate in an Auckland Transport-led political reference group. |
Members delegated to the political reference group |
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Auckland Plan Strategy & Research |
Auckland Transport Alignment Project |
Agree funding package. |
Approved the recommended ATAP 2021-31 indicative package |
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Auckland Plan Strategy & Research |
Auckland Plan Environment and Cultural Heritage Outcome Measure confirmation |
Confirm new Environment and Cultural Heritage Outcome measures |
New measures confirmed |
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Auckland Transport |
Regional Land Transport Plan 2021-2031 |
Agreed funding package for consideration of RLTP committee and AT board |
Endorsed Regional Land Transport Plan 2021-2931 for the Auckland Transport board to adopt. |
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Auckland Plan Strategy & Research |
Infrastructure Strategy |
Provide strategic insights and direction 30 Year Infrastructure Strategy (for subsequent referral to Finance Committee) |
Strategy adopted by Finance and Performance Committee in June 2021 (as part of Long-term Plan) |
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Auckland Plan Strategy & Research |
Auckland Plan 2050 implementation and monitoring |
To note progress against the measures in the Auckland Plan 2050
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2021 monitoring report received |
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Chief Planning Office |
Unit Titles Act |
To approve council’s submission |
Authority delegated to approve submission |
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Auckland Plan Strategy & Research |
Auckland Transport Alignment Programme (ATAP) |
To approve the recommended Auckland Transport Alignment Project 2021-31 indicative package. |
Auckland Transport Alignment Project 2021-31 indicative package approved |
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Auckland Plan Strategy & Research |
Regional Fuel Tax |
To consider components and changes to current status |
Regional Fuel Tax Variation Proposal adopted by the Governing Body in May 2021 |
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Auckland Plan Strategy & Research |
Congestion Question |
To approve council’s submission to the select committee on the Inquiry into congestion pricing |
Authority delegated to approve submission |
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Auckland Plan Strategy & Research |
National 30-year Infrastructure Strategy |
To approve council’s submission |
Authority delegated to approve council’s submission |
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Plans and Places |
Auckland Unitary Plan and Auckland District Plan (Hauraki Gulf Islands Section) – Sites and Places of Significance to Mana Whenua |
To approve the plan change and make it operative |
Plan Change 22 and Plan Modification 12 (Sites and Places of Significance to Mana Whenua) made operative |
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Development Programme Office |
Infrastructure Acceleration Fund |
To approve council’s submission to the Crown’s Infrastructure Acceleration Fund |
Endorsed preliminary list of programmes for the Infrastructure Acceleration Fund and authority delegated for approval of final list for submission |
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Chief Planning Office |
Resource Management (Enabling Housing Supply) Amendment Bill
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To approve council’s submission on the Bill |
Group delegated to approve council’s submission on the bill November 2021 |
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Eke Panuku |
Wynyard Quarter Tram |
To endorse the Eke Panuku Board decision to cease operated of the tram in 2022. |
Endorsed the Eke Panuku Board decision to cease operation of the Wynyard Quarter Tram by late 2022 |
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Chief Planning Office |
Affordable Housing: advocacy plan, research findings and consider options |
To receive updates on Affordable Housing Advocacy Plan and initial engagement, consider affordable housing research, implications and options. |
Received memo update on Affordable Housing Advocacy Plan in November 2021, considered options relating to increasing housing for older people PLA/2020/92, and inclusionary zoning PLA/2020/93, PLA/2020/94 |
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Auckland Plan Strategy & Research |
Public Transport Operating Mechanism review |
To receive updates on Public Transport Operating Mechanism review. |
Received memo related to Ministry of Transport’s discussion paper 22 July 2021. |
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Auckland Plan Strategy & Research |
Government Policy Statement – Housing and Urban Development |
To approve council’s submission. |
Authority delegated to approve council’s submission PLA/2021/70 |
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Auckland Plan, Strategy and Research |
Resource Management system reform – Natural and Built Environment Bill (exposure draft) |
To approve council’s approach and submission. |
Authority delegated to approve council submission on bill exposure draft PLA/2021/75 July 2021. Received memo on select committee report November 2021. |
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Chief Planning Office |
National Policy Statement for Freshwater Management 2020 – implementation approach |
To receive an updated council implementation approach for the National Policy Statement for Freshwater Management 2020 and associated instruments. |
High-level implementation plan approved, working group formed to provide political oversight PLA/2021/12. |
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Chief Planning Office |
Auckland Light Rail |
To provide feedback and receive updates. |
Guidance for Light Rail Establishment Unit on network integration provided June 2021 PLA/2021/53 Workshops with Establishment Unit held in June and August 2021 Confidential report considered September 2021 PLA/2021/109 |
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[1] Ports of Auckland Ltd v Auckland City Council [1999] 1 NZLR 601 https://qualityplanning.org.nz/sites/default/files/2018-11/To%20Notifiy%20or%20Not%202018.pdf, https://www.qualityplanning.org.nz/node/566